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3.6 PROPOSED EXTENSION OF EXISTING EXTRACTIVE INDUSTRY - LOT 9 (NO.405) JENKINS ROAD, BULLSBROOK (DA293-18)
Ward: (Pearce Ward) (Statutory Planning) Disclosure of Interest: Nil.
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The application is for a proposed 'Industry-Extractive' for the purpose of extracting sand and gravel.
• The subject property is zoned 'Landscape' under the City of Swan Local Planning Scheme No.17. 'Industry - Extractive' is an 'A' land use within the zoning.
• The proposed excavation area equates to 22 hectares, with a yield of 10,000 to 20,000 tonnes per annum with a maximum extraction depth of 4 metres below natural ground level expected.
• The operations have been occurring onsite for 20(+) years; during this period the City has not received a complaint with respect to the operations.
• The application was advertised by way of letters to all landowners within 1000m of the subject property, a letter to the local interest groups, a sign on site, the City's website, and the local newspaper from 12 September 2018 to 3 October 2018, a total of 21 days.
• During the advertising period the City received a total of eight (8) submissions, seven (7) non-objections and one (1) objection. The objection is addressed in the Details section of this report.
• The application was referred to the Department of Mines Industry Regulation and Safety; Department of Biodiversity Conservation and Attractions; and the Department of Planning Lands and Heritage. None of the agencies objected to the proposed development.
• On 5 October 2018 the Western Australian Planning Commission issued approval for the development under the Metropolitan Region Scheme for a period of five (5) years.
It is recommended that the Council resolve to approve the 'Industry-Extractive' for the purpose of extraction of Sand and Gravel at Lot 9 (No.405) Jenkins Road, Bullsbrook subject to conditions.
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AUTHORITY/DISCRETION
2015 Regulations (cl. 68(2))Council has discretion in accordance with cl.68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:
• Granting development approval without conditions; or
• Granting development approval with conditions; or
• Refusing to grant development approval.
In accordance with the requirements of the Notice of Delegation RES 2014/01 Resolution under Clause 32 of the Metropolitan Region Scheme (9 May 2014), the application is to be forwarded to the Western Australian Planning Commission (WAPC) for a dual determination. City staff note the WAPC issued approval for this extractive industry application under the Metropolitan Region Scheme on 5 October 2018. This application relates to the approval required under the Local Planning Scheme.
RIGHT OF REVIEW
In accordance with cl. 76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable decision in accordance with the Planning and Development Act 2005 Part 14.
BACKGROUND
Applicant: Mr Pasquale Congiu
Owner: Mr Pasquale Congiu
Zoning: LPS17 - Landscape
MRS - Rural
Strategy/Policy: State Planning Policy 2.4 - Basic Raw Materials Development Scheme: Local Planning Scheme No. 17
Existing Land Use: Extractive Industry
Lot Area: 701770m2
Lot Size: 70.1770ha
Use Class: 'A'
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DETAILS OF THE PROPOSAL
The application is for the extension of the existing development approval and extractive industry licence for a period of 20 years. The application consists of the following key features:
• A maximum tonnage removed per annum is between 10,000 and 20,000 tonnes per year a similar rate to the existing operations;
• The current excavation area equates to 6.8 hectares, with another 22.9 hectares identified as resource;
• There are no changes to the scope and intensity of the excavation.
• The maximum depth of excavations varies between 1 - 4 metres below natural ground level.
• The proposed hours of operation will be between 6:00am and 5:00pm Monday to Friday inclusive (excluding public holidays) for processing of material and excavation.
• The loading and transport of materials will occur between the hours of 7:00am and 5:00pm Monday to Friday excluding public holidays.
• The extraction is for the purpose of sand and gravel.
• The haulage route is north along Polinelli Road for all transport, except if there is a contact to the south along Jenkins road for a sand pad for a house.
• The development proposes 10 laden truck movements per day, with most days having less than five (5) laden truck movements.
DESCRIPTION OF SITE
The subject property is located approximately 5km north of the Bullsbrook town site and is situated on the western side of Jenkins Road. The site contains bush forever vegetation located to the east and western side boundaries, bounding the excavation area in the middle of the lot. The topography of the lot is undulating.
SITE HISTORY/PREVIOUS APPROVALS
DA8632/1994 - Approved Under Delegated Authority - Proposed Sand Excavation DA12522/2000 - Approved Under Delegated Authority - Proposed Clay Excavation DA12773/2000 - Approved Under Delegated Authority - Proposed Sand Excavation DA081/2006 - Approved by WAPC - Extractive Industry
DA435/2011 - Approved by WAPC - Renewal of Sand Excavation (5 Years)
DA293/2018 - Approved by WAPC - Sand and Gravel Excavation - 5 October 2018
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PUBLIC CONSULTATION
The application was advertised by way of letters to all landowners within 1000m of the subject property, a letter to the local interest groups, a sign on site, the City's website, and the local newspaper from 12 September 2018 to 3 October 2018, a total of 21 days.
During this period, the City received a total of eight (8) submissions on the application, seven (7) non-objections and one (1) objection. The objection to the proposal is for the following reasons:
• noise and dust;
• the effects on pasture;
• fencing;
• visual amenity;
• days' of operation;
• safety concerns; and
• length of approval.
The relevant planning concerns raised have been addressed in the Details section of this report.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The application was referred to the following state government agencies:• Department of Mines Industry Regulation and Safety;
• Department of Biodiversity Conservation and Attractions; and
• Department of Planning Lands and Heritage.
None of these agencies objected to the proposed development. Furthermore, the WAPC has issued conditional approval for the application under the Metropolitan Region Scheme.
DETAILS
Zoning:The subject site is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Landscape' under the City of Swan Local Planning Scheme No.17 (LPS17). The objectives of the Landscape Zone are to -
a) Provide for low density rural residential development and associated rural- residential activities, recognizing the visual characteristics of the landscape;
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;
c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous flora.
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City staff acknowledge that the operations have already been occurring for the last 20(+) years and therefore impact on the characteristics of the land has already occurred. The proponent has attempted to minimise the impact on the landscape values by maintaining the bush forever plots on the land and will ultimately improve the vegetation on site at the completion of the extractive industry works through the rehabilitation plan. City staff acknowledge the development may impact the landscape characteristics, but the proponent has taken steps to minimise this.
Land Use Classification
The use class falls within the 'Industry-Extractive' land use definition of LPS17, which is defined as follows:
"an industry which involves the extraction, quarrying or removal of sand, gravel, clay, hard rock, stone or similar material from the land and includes the treatment and storage of those materials, or the manufacture of products from those materials on, or adjacent to the land from which the materials are extracted but does not include industry - mining."
An Industry - Extractive use is an 'A' use within LPS17, which means the land use can be considered by City staff, after special notice is given.
Impacts on the Adjoining Landowner
The owner of Lot 23 (No.495) Jenkins Road, Bullsbrook that owns three (3) of the four (4) plots of land abutting the subject property objected to the proposal citing the impacts from dust due to the proximity of the operations to the boundary and the negative impact on the quality of their pastures and ability to use these pastures for their grazing stock, the inadequacy of fencing, visual amenity, days of operation, safety concerns and length of approval.
Dust and Impact on Pastoral Grounds
The objector cited concerns about dust from the quarry operations blowing potentially acidic dust and sand into their pastures, affecting the quality of the pasture and ability to use these pastures for their grazing Wagyu Cattle stock. The adjoining landowner therefore requested a 30m buffer zone from their property that includes vegetation and a clay berm of four metres to screen the quarry and reduce noise and dust.
The proponents report advises the site has been inspected and there are no risk parameters for acid sulphate soils on site. The material extracted is yellow sands that are oxidised and do not carry any risk of acid sulphate potential. The City's mapping system also indicates the excavation area falls outside of geological acid sulphate soil affected areas. City staff accept the risk of acid sulphate soils being disturbed and potentially impacting the adjoining landowner is low.
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With regard to the 30m buffer, City staff note the excavation area will be no closer than 20m to the adjoining boundaries, consistent with the previous approvals and the City's Extractive Industry Bylaws. City staff acknowledges the 20m setback being acceptable for the following reasons:
1. The footprint of the proposed extraction area has not changed from previous approvals issued by the City.
2. The framework regarding buffers from extractive industries only applies to sensitive land uses. A sensitive land use includes residential development but does not include agricultural activities. In accordance with the EPA Guidance Statement No. 3, Separation Distances between Industrial and Sensitive Land Uses a sand/clay extractive industry buffer needs a 300-500 metre buffer depending on the size of the operation to the nearest sensitive land use. Outside of this buffer the sensitive receptors will experience minimal impacts from the development with regards to noise and dust. The sensitive receptor associated with the objectors is approximately 1km from the activity.
City staff concur with the findings that the potential impact of dust is low risk. It is acknowledged that the operations are small scale and during the 20(+) years the quarry has been in operation the City has not received a single noise or dust complaint.
City staff acknowledge the concerns of the adjoining landowner about the potential for excessive dust affecting their pastures, and are ultimately satisfied a dust management plan and appropriate measures that can be enforced through a condition of approval can satisfy this concern and there should be minimal impact on the pastures of the adjoining landowner and their stock.
Fencing
The adjoining landowner objected to the development citing the boundary fence between the quarry and their property is not stock proof. This is not a planning matter, but a civil matter under The Dividing Fences Act 1961.
Visual Amenity
The adjoining landowner objected to the application siting the quarry is visible from their property and the proposal will impact their ability to deal with their land (including the potential future subdivision of the land for housing).
City staff note the development is located approximately 1km from the objector's dwelling, with several strips of mature vegetation separating the activity and the residence. The quarry is existing and any visual impact already occurs. The extension of the approval in the City's opinion is not unreasonable and the distance between the residence and the existing mature vegetation mitigates the further visual impact that may occur. In the long term, at the completion of the activity the land will be rehabilitated to pastoral land with sporadic mature vegetation in accordance with the rehabilitation plan.
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The adjoining landowner raised concerns regarding the discrepancy between the days and hours of operation listed in the document. On page IV of the Excavation and Rehabilitation Management Plan the days of operation are from Monday to Friday. On page 22 of the plan, the days of operation are Monday to Saturday. The proponent provided a revised letter to City staff on 5 July 2018 confirming this error and that the operating hours are as per Table 1 in the report, meaning they will between Monday to Friday excluding public holidays. City staff recommend that should the development be approved that this is addressed through a subsequent condition of approval.
Length of Approval
During the consultation period the adjoining landowner raised concerns regarding the proposed length of the development and the inability to review the proposal. The proponent has requested a 20 year lifespan based upon the geological survey of the resource and the existing extraction rate.
City staff acknowledge that the proponent has already received approval under the Metropolitan Region Scheme on 5 October 2018. The MRS approval is valid for a period of five (5) years; this is consistent with the previous planning approvals issued in 2000, 2006, and 2011.
Should Council resolve to approve the application City staff recommend the approval is limited to five (5) years and the subsequent extractive industry license is issued for five (5) years only. This is to ensure consistency with the existing Metropolitan Region Scheme Approval. Furthermore, a five (5) year approval will allow the City to better performance review the application.
Safety
The adjoining landowner raised concerns that the quarry is being extended close to a private road and this may present as a safety issue. City staff are satisfied that the development is adequately set back from gazetted roads and the excavation area will not be within 20 metres of the adjoining lot boundary and the private road, consistent with the City's Bylaws. City staff are satisfied the existing quarry will not pose any safety issues.
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OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to approve the extension to the existing Extractive Industry at Lot 9 (No.405) Jenkins Road, Bullsbrook subject to the following conditions:
1. This approval is for an 'Industry - Extractive' for the purpose of sand and gravel and is valid for a period of five (5) years from the date of approval. If the subject development is not substantially commenced within a two (2) year period, the development approval shall lapse and be of no further effect, unless further approval is obtained from the City.
2. The loading and transportation of material is limited to between 7am - 5pm Monday to Friday (excluding public holidays).
3. The proponent shall not excavate within 20 metres of the boundary of any land not owned by the landowner of Lot 9 (No.
405) Jenkins Road, Bullsbrook.
4. Earthworks, footings and/or structures are not to extend over any lot boundaries.
5. The development is to comply with the Environmental Protection (Noise Regulations).
6. All truckloads of material shall be securely covered to prevent any dust escape during transport.
7. Uniform fencing to be constructed to restrict vehicle and pedestrian access into Bush Forever Sites 291 and 87 from the excavation areas to the specifications of the Department of Biodiversity, Conservation and Attractions.
8. No vegetation, earth spoil or any other debris is to be disposed of within the boundaries of Bush Forever Sites 291 and 87.
9. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City of Swan.
10. Prior to the commencement of works a Dust Management Plan is to be prepared and submitted to the City for approval and the activities undertaken in accordance with the approved management plan to the satisfaction of the City of Swan.
11. Prior to works commencing on site, a detailed Rehabilitation Plan shall be submitted to the City and approved. The Rehabilitation Plan is to include a recent Spring flora and fauna survey of the site, and detail the staging, final ground level contours, and revegetation provisions (e.g. depth of topsoil, seeding, plant species, location and density) for the site to the satisfaction of the City in consultation with the Department of Biodiversity, Conservation and Attractions.
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12. If the City of Swan considers that the works are generating an unreasonable amount of dust, or that any operations are not compliant with an Approved Dust Management Plan, the City of Swan may direct in writing that:
a. An amended Dust Management Plan is prepared to the satisfaction of the City of Swan and submitted to the City for approval;
b. The activities on site cease until the revised Dust Management Plan has been approved and the development can be brought into compliance with this approval.
In this condition "an unreasonable amount of dust" means visible dust crossing the sites boundary and visibly excessive dust onsite.
13. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in a manner directed by the City in the event that sand is blown or drifts from the site.
14. Any dust accumulations produced from vehicle entry and exit from the site shall be cleared by the applicant to the satisfaction of the City of Swan.
15. A record must be made, kept on site and be made available on the request of the City of Swan of all occurrences where site activity has ceased due to dust being observed crossing the site boundary.
A record of the action taken to rectify the dust nuisance should also be made.
16. Any additional development which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.
Implications: The proponent will have the appropriate approvals to continue the development. The adjoining landowner may be aggrieved by Councils determination.
This is the recommended option.
Option 2: Council may resolve to refuse the extension to the existing extractive industry at lot 9 (No. 405) Jenkins Road, Bullsbrook.
Implications: The proponent will have a right of review with the State Administrative Tribunal.
This is not the recommended option.
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CONCLUSION
The application is for an extension to an existing extractive industry operation at Lot 9 (No.405) Jenkins Road, Bullsbrook for a period of 20 years.
The application was advertised for public comment during which the City received a total of eight (8) submissions on the application, one (1) objection and seven (7) non objections.
City staff believe the concerns from the objector can be addressed through conditions of development approval. The application is low risk and can be supported by the City.
City staff recommend the development be approved subject to conditions.
ATTACHMENTS
Location Plan(Technical Plans available on request)
STRATEGIC IMPLICATIONS
Nil.STATUTORY IMPLICATIONS
Local Planning Scheme No. 17Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development Act 2005
FINANCIAL IMPLICATIONS
Nil.VOTING REQUIREMENTS
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RECOMMENDATION
That the Council resolve to:1) Approve the extension to the existing extractive industry at Lot 9 (No.405) Jenkins Road, Bullsbrook subject to the following conditions:
a. This approval is for an 'Industry - Extractive' for the purpose of sand and gravel and is valid for a period of five (5) years from the date of approval. If the subject development is not substantially commenced within a two year period, the development approval shall lapse and be of no further effect, unless further approval is obtained from the City.
b. The loading and transportation of material is limited to between 7am - 5pm Monday to Friday (excluding public holidays).
c. The proponent shall not excavate within 20 metres of the boundary of any land not owned by the landowner of Lot 9 (No.405) Jenkins Road, Bullsbrook.
d. Earthworks, footings and/or structures are not to extend over any lot boundaries.
e. The development is to comply with the Environmental Protection (Noise Regulations).
f. All truckloads of material shall be securely covered to prevent any dust escape during transport.
g. Uniform fencing to be constructed to restrict vehicle and pedestrian access into Bush Forever Sites 291 and 87 from the excavation areas to the specifications of the Department of Biodiversity, Conservation and Attractions.
h. No vegetation, earth spoil or any other debris is to be disposed of within the Boundaries of Bush Forever Sites 291 and 87.
i. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City of Swan.
j. Prior to the commencement of works a Dust Management Plan is to be prepared and submitted to the City for approval and the activities undertaken in accordance with the approved management plan to the satisfaction of the City of Swan.
k. Prior to works commencing on site, a detailed Rehabilitation Plan shall be submitted to the City and approved. The Rehabilitation Plan is to include a recent Spring flora and fauna survey of the site, and detail the staging, final ground level contours, and revegetation provisions (e.g. depth of topsoil, seeding, plant species, location and density) for the site to the satisfaction of the City in consultation with the Department of Biodiversity, Conservation and Attractions.
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l. If the City of Swan considers that the works are generating an unreasonable amount of dust, or that any operations are not compliant with an Approved Dust Management Plan, the City of Swan may direct in writing that:
i. An amended Dust Management is prepared to the satisfaction of the City of Swan is submitted to the City for approval;
ii. The activities on site cease until the revised Dust Management Plan has been approved and the development can be brought into compliance with this approval.
In this condition "an unreasonable amount of dust" means visible dust crossing the sites boundary and visibly excessive dust onsite.
m. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in a manner directed by the City in the event that sand is blown or drifts from the site.
n. Any dust accumulations produced from vehicle entry and exit from the site shall be cleared by the applicant to the satisfaction of the City of Swan.
o. A record must be made, kept on site and be made available on the request of the City of Swan of all occurrences where site activity has ceased due to dust being observed crossing the site boundary. A record of the action taken to rectify the dust nuisance should also be made.
p. Any additional development which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.
Advice Notes: Standard advice notes apply and the following non-standard advice notes:
a) If the volumes exceed 10,000 tonnes per annum, but less than 50,000 tonnes the proponent is advised they will need to register the activity with the Department of Water and Environmental Regulation (DWER).
2) Advise the proponent of the resolution of Council
3) Advise those whom submitted on the proposal of the resolution of Council
4) Upon planning approval being issued it is recommended the subsequently required Extractive Industry Licence is issued under Delegated Authority by the City of Swan for a period of five (5) years.
CARRIED
DISCLAIMER: Information shown here on is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
Location Plan
24/10/2018 1:15000
Figure 3
