CARRIED
3. STATUTORY PLANNING
3.9 STATE ADMINISTRATION TRIBUNAL - RECONSIDERATION OF REFUSAL OF 'INDUSTRY-EXTRACTIVE' (CLAY) - LOTS 5 AND 6 (NO.1728) GREAT
NORTHERN HIGHWAY, UPPER SWAN (DA200-18)
Ward: (Pearce Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
RECOMMENDATION
That the Council resolve to indicate to the State Administrative Tribunal its preparedness to consent to the approval of:
1) The proposed 'Industry – Extractive’ on Lots 5 and 6 (No.1728) Great Northern Highway, Upper Swan, subject to the following conditions:
1. This approval is for an "Industry - Extractive" as defined in the City of Swan Local Planning Scheme No.17 and the subject land shall not be used for any other use without the prior approval of the City.
2. This approval is granted for a limited period of 10 years from the date of approval. Following expiry of this temporary approval period, the
"Industry - Extractive" shall not continue unless a new development approval is granted. This condition does not rescind the landowner's obligation to remediate the land at the completion of the extraction operations pursuant to the conditions of this approval.
3. Excavation activities are limited to no more than 3 months per annum.
4. Transportation of clay from the premises shall occur over a period not in excess of 3 days per calendar month between the hours of 7am and 7pm Monday to Saturday. No transportation is permitted on Sundays and public holidays.
5. The development shall not commence on site prior to the issue of an excavation licence to the satisfaction of the City.
6. Prior to works commencing on site, a revised Dust Management Plan shall be submitted to the City and approved. The revised Dust Management Plan must include the following:
a) a full breakdown of the consequence and likelihood ratings assigned in the risk assessment, with risk ratings provided for site works and operations without controls implemented and residual risk ratings with controls implemented;
b) details of the installation of a site meteorological monitoring station prior to commencement of any earthworks and for a period of 12 months after commencement of extraction operations, and:
i. as a minimum, the station must include instruments to monitor wind speed, wind direction and ambient temperature, and,
ii. the station must be installed at a location compliant with section 2.6.1 of AS3580.14 (as amended);
c) details of the installation of dust monitors at boundary locations prior to commencement of any earthworks and for a period of 12 months after commencement of extractive operations, including the following implementation measures:
i. a minimum of two (2) dust monitors are installed at boundary locations opposite sensitive receptors 3 and 8 (receptors shown in Figure 5 of the Dust Management Plan dated 25 January 2018),
ii. dust monitors are to continuously measure total particulate matter (TPM) and PM10 fraction,
iii. a co-location study is to be carried out in the first month of extraction operations whereby high-volume samplers are to be deployed alongside one of the continuous monitors, and samples of TSP and PM10 are to be collected for comparison with the continuous monitoring results,
iv. a total of six (6) TSP and six (6) PM10 high-volume samples are to be collected each for a 24-hour period for comparison with 24-hour average concentrations calculated from the continuous monitor, and,
v. a report must be provided to the City within one month of completion of the co-location study that described the results and implications for accuracy of the continuous monitoring;
d) details of how the dust and meteorological monitoring data will be used to inform responsive dust controls, including:
i. automatic analysis of real-time data to identify wind speeds that are known to give rise to higher risk of dust lift-off from exposed surfaces and wind directions that could direct airborne dust towards sensitive receptors, and,
ii. dust concentration alert levels specified to automatically trigger alerts to be sent to the site supervisor for implementation and/or adjustment of dust controls, including cessation of activities at the site;
e) the requirement for a comparison of results from monitoring with performance based visual observations and complaints (if any) to be undertaken at the completion of 12 months monitoring of extraction operations, which is to determine if the visual observations are sufficient for monitoring of dust emissions, assessment of risks to sensitive receptors, and for decision making in regard to implementation of controls.
7. The operator of the facility must provide a report one (1) month after completion of the 12 month period of monitoring extraction operations on the comparison of visual observations and dust related complaints (if any) with the continuous monitoring results. The report must include all data collected from the monitoring and visual observations and complaints, with
details of the findings from the comparisons. The report must be provided to the City to review to determine if the visual observations sufficiently inform risks of dust impacts and controls implemented have effectively dealt with dust emissions risks, and whether the dust monitoring can cease or must continue on an ongoing basis because the visual observations are insufficient to facilitate timely implementation of controls.
8. Prior to works commencing on site, a revised Visual Management Plan prepared in accordance with the recognised methodology within the Western Australian Planning Commission's Visual Landscape Planning in Western Australia: a manual for evaluation, assessment, siting and design (2007) shall be submitted to the City and approved. The revised Visual Management Plan must include the following:
a) a visual landscape evaluation (VLE) to provide baseline information on the landscape values of the area;
b) a detailed description of the main visual components of the development, including:
i. a viewshed analysis to determine the level of impact on key locations surrounding the project site, including a plan identifying the location of viewpoints from key public or private viewing locations surrounding the site,
ii. additional photographic examples showing the existing view surrounding and within the site,
iii. additional photomontages to demonstrate the view to the proposed development from key public or private viewing locations surrounding the site, and,
iv. photographs of the existing vegetation identified for removal to show the proposed impact on landscape character;
c) a visual impact assessment (VIA) to identify the potential impacts of the development on the surrounding landscape; and,
d) mitigation measures (on-site and off-site) and any changes to the proposed development to address all visual impacts identified within the VLE and VIA.
9. Prior to works commencing on site, a detailed Rehabilitation Plan shall be submitted to the City and approved. The Rehabilitation Plan must include the following:
a) a recent spring flora and fauna survey of the site;
b) a detailed description of the measures that will be implemented over the life of the project to manage the remnant vegetation and habitat on the site;
c) details of the staging, final ground level contours, and revegetation provisions (e.g. depth of topsoil, seeding, plant species, location and density) for the site;
d) rehabilitation strategies to achieve re-establishment of endemic vegetation (including establishment of canopy, understorey and ground strata) with a focus on species that are consistent with the Threatened Ecological Community (TEC) identified within the area;
e) detailed performance and completion criteria for the implementation of the Plan, including details of who will be responsible for monitoring, reviewing, and implementing the Plan;
f) a seasonally based program to monitor the effectiveness of these measures and progress against the performance and completion criteria; and,
g) any further necessary mitigation measures identified in the approved revised Visual Management Plan (VMP);
to the satisfaction of the City in consultation with the Department of Biodiversity, Conservation and Attractions (where relevant).
10. Prior to works commencing on site, a detailed Water Management Plan shall be submitted to the City and approved. The Water Management Plan shall detail the on-site stormwater drainage system, groundwater monitoring provisions and contingency actions, and include a geotechnical report to confirm groundwater levels at the proposed excavation depths, and if required a dewatering management plan, to the satisfaction of the City in consultation with the Department of Water and Environmental Regulation and the Department of Biodiversity, Conservation and Attractions.
11. The development plans are to be amended in accordance with the approved revised Dust Management Plan, Noise Management Plan, Visual Management Plan, and Rehabilitation Plan, to address any changes to the siting of internal haul roads, waterway crossings, and earth bunds as identified within those management plans. The amended plans must be submitted to the City and approved prior to works commencing on site.
12. Prior to works commencing on site, detailed design drawings and specifications for the proposed crossover on Walyunga Road shall be submitted to the City and approved, including the extent of clearing of vegetation within the road reserve to allow clear sightlines for traffic.
13. The Walyunga Road crossover shall be constructed of asphalt and drained in accordance with the approved design drawings and specifications to the satisfaction of the City. The landowner shall maintain the crossover and vegetation within the verge to ensure unobstructed vehicle sightlines at all times.
14. Prior to works commencing on site, an acid sulphate soils self-assessment form and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be submitted to and approved by the Department of Water and Environmental Regulation. Where an acid sulphate soils management plan is required to be submitted, all works shall be carried out in accordance with the approved management plan.
15. Prior to the extraction of materials from the clay pit, earth bunds and other approved visual impact mitigation measures shall be installed and
maintained on the site and in surrounding approved locations in accordance with the approved revised Visual Management Plan and revised Noise Management Plan to the satisfaction of the City. The implemented visual impact mitigation measures shall physically screen the clay pit from the view of Lot 7 (No.104) Walyunga Road and reduce noise and dust emissions received at Lot 7 to the satisfaction of the City, and shall be maintained to that standard at all times.
16. Prior to works commencing on site, a revised Noise Management Plan shall be submitted to the City and approved. The revised Noise Management Plan must include noise control measures to avoid and mitigate detrimental impacts of the development on surrounding existing and future sensitive land uses, including but not limited to the following:
a) identify the additional earth bund to the east of the clay pit in the location generally depicted on the approved Site Plan and demonstrate the effect the noise bund will have on screening the extraction area from Lot 7 (No.104) Walyunga Road to reduce the impact of noise to the satisfaction of the City;
b) demonstrate that the forecast noise levels on the boundary to Lot 7 (No.104) Walyunga Road comply with the Assigned Levels appropriate for Noise sensitive premises: any area other than highly sensitive area;
c) demonstrate that, in the absence of an approved dwelling on Lot 7 (No.104) Walyunga Road, the forecast noise levels can be made to comply with the Assigned Levels appropriate for Noise sensitive premises: highly sensitive area for all possible dwelling locations on the site;
d) show how the noise emissions from all the plant and equipment can be controlled to meet the limits outlined in Table 3-2 and Table 4-1 of the Environmental Noise Assessment Darling Downs Clay Pit 1728 Great Northern Highway, Bullsbrook Report prepared by Lloyd George Acoustics (Ref: 17114231-01) [LGA Report], including noise emissions generated by individual items of mobile plant or heavy vehicles, which can increase by up to 5-10 dB depending on the manner in which they are used;
e) demonstrate how the procurement process for construction equipment to be used on the site will ensure that the quietest equipment reasonably available is procured;
f) demonstrate that construction works will be carried out in accordance with control of environmental noise practices set out in Section 4 of AS 2436-2010;
g) demonstrate that the movement of heavy vehicles between the excavation pits and stockpiling area is compliant with legislative requirements (this noise source is absent in the current LGA Report Scenario 4);
h) demonstrate that the reversing alarm noise and air-brake noise (i.e.
both road brakes and park brakes) from heavy vehicles is compliant with legislative requirements;
i) demonstrate that forecast noise levels from the site are compliant with legislative requirements for a 3 metre bench height; and,
j) demonstrate that forecast noise levels from the site are compliant with legislative requirements for an acoustic Ground Absorption Factor of 0.65, rather than the currently modelled acoustic Ground Absorption Factor of 1.0.
17. Ingress and egress to the site by heavy vehicles (haulage trucks) shall be restricted to the Walyunga Road crossover identified as "entry" on the approved Site Plan. Ingress and egress to the site directly via Great Northern Highway by heavy vehicles is not permitted.
18. A 50 metre separation buffer shall be maintained between the waterway on Lot 6 and the adjacent excavation areas and associated development, including earth bunds, overburden dumps and other material stockpiles.
The buffer perimeter shall be pegged or otherwise clearly demarcated to prevent encroachment by works and vehicles during extraction operations on the site.
19. Stormwater produced on the site shall be retained, treated and/or disposed on the site in accordance with the approved Water Management Plan. If the development causes any obstruction, alteration or interference with a natural flow of surface water to the detriment of surrounding land, then the landowner shall rectify the cause of such obstruction, alteration or interference to the satisfaction of the City.
20. The landowner shall implement appropriate measures within the time and in the manner directed by the City in the event that sand or dust is blown or drifts from the site.
21. At the completion of the extraction operations, the land shall be remediated and revegetated to the satisfaction of City and in accordance with the approved Rehabilitation Plan and the final landform plan shown in the approved amended development plans.
22. The management measures in the Project Management, Environmental Management Plan, and Closure Plan (Rev. 7, 8 October 2019) prepared by Site Environmental and Remediation Services (SERS), and the approved revised Dust Management Plan, Noise Management Plan, Visual Management Plan, and Rehabilitation Plan, and Water Management Plan shall be implemented and complied with at all times to the satisfaction of the City, including but not limited to: building of earth bunds; visual impact mitigation; excavation; stockpiling; re-fuelling; dieback and weed management; noise mitigation and dust management; and, implementation of complaints procedures.
23. No excavation works, stockpiling, building, structure, hardstand, access way or any other development other than earth bunds and other approved visual impact mitigation measures shall be located within 20 metres of the boundary of any lot not subject to this approval.
24. No processing of any excavated material, including screening or washing, or grinding or milling works shall occur on the site.
25. No on-site fuel storage or major servicing of vehicles shall occur on the site.
26. The landowner shall at all times ensure sufficient water is accessible on site to undertake dust suppression and firefighting as required, including by means of water transported by tanker onto the site if necessary.
27. All construction works within the road reserve including the crossover, service adjustment, clearing of vegetation, and kerb re-instatement shall be built and maintained to the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the landowner's expense.
28. The landowner is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval shall be arranged by the landowner prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the landowner's expense.
29. Any additional development, which is not in accordance with the application (the subject of this approval) or any conditions of approval, will require further approval of the City.
MOTION that the Council resolve to reiterate its decision of 10 April 2019, as follows:
1) Refuse to grant approval for the proposed 'Industry - Extractive' on Lots 5 and 6 (No.1728) Great Northern Highway, Upper Swan for the following reasons:
1. The proposal is inconsistent with Schedule 2 Part 9 Clause 67 (m) and (n) of the Planning and Development (Local Planning Schemes) Regulations 2015, as the proposal will adversely impact on the character and amenity of the area due to adverse impacts upon traffic, noise and general amenity.
2. The proposal is inconsistent with Draft State Planning Policy 2.4 – Basic Raw Materials as the proposed site is not identified as an area of
‘Significant Geological Supplies’ and it is inconsistent with Clause 6.1 (a), (b) and (h) which state:
a) Land use planning and development proposals should aim to minimise use of Basic Raw Materials by avoiding low lying area that require large volumes of fill, by using different design and construction methods plus alternative earthwork strategies such as subsoil drainage.
b) Significant Geological Supplies areas and existing Extraction Sites should be the initial sources for Basic Raw materials. In Perth and Peel, areas identified on mapping for BRM Exclusion should be avoided.
h) Ensure consistency with land use zoning and conditions of approvals are not impeded.
3. The proposed land use is not considered to be consistent with the intent and objectives of the ‘Landscape’ zone of the Local Planning Scheme No.
17, Clause 4.2.15 (b) which is to:
b) Ensure as far as practicable, that the environmental and landscape characteristics of the area are not compromised by development and use of the land for either rural or residential purposes;
4. The proposal is inconsistent with the Environmental Protection Authority’s Guidance for the Assessment of Environmental Factors: Separation Distances between Industrial and Sensitive Land Uses as there are seven (7) dwellings within the recommended 300-500m buffer distances.
5. The increased traffic volumes 300 vehicles per day represents a substantial 58% increase on current volumes and will severely impact the existing amenity of the area and tourist traffic that uses the road as an entry to the Walyunga National Park.
2) Additional clearing of 600m2 of native vegetation to accommodate clear sight lines for the proposal has an irreversible impact to the entry statement amenity of a national park access road.
(Cr Jones – Cr Kiely)
RESOLVED (13/2) TO:
1) Refuse to grant approval for the proposed 'Industry - Extractive' on Lots 5 and 6 (No.1728) Great Northern Highway, Upper Swan for the following reasons:
1. The proposal is inconsistent with Schedule 2 Part 9 Clause 67 (m) and (n) of the Planning and Development (Local Planning Schemes) Regulations 2015, as the proposal will adversely impact on the character and amenity of the area due to adverse impacts upon traffic, noise and general amenity.
2. The proposal is inconsistent with Draft State Planning Policy 2.4 – Basic Raw Materials as the proposed site is not identified as an area of
‘Significant Geological Supplies’ and it is inconsistent with Clause 6.1 (a), (b) and (h) which state:
a) Land use planning and development proposals should aim to minimise use of Basic Raw Materials by avoiding low lying area that require large volumes of fill, by using different design and construction methods plus alternative earthwork strategies such as subsoil drainage.
b) Significant Geological Supplies areas and existing Extraction Sites should be the initial sources for Basic Raw materials. In Perth and Peel, areas identified on mapping for BRM Exclusion should be avoided.
h) Ensure consistency with land use zoning and conditions of approvals are not impeded.