Lot 11 (No. 737) Chittering Road, Bullsbrook

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Ordinary Meeting of Council 04 July 2018

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3.2 PROPOSED LAND REHABILITATION AND PRIVATE HAULAGE ROAD - LOT 1 (NO.402) JENKINS ROAD & LOT 11 (NO.737) CHITTERING ROAD, BULLSBROOK (DA861-16)

Ward: (North Ward) (Statutory Planning) Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application is for the restoration of the existing two (2) extraction pits and a private haulage road located on the abovementioned properties with the objective of returning the pits to the pre-excavation contour of the land.

• The subject property in which the pits are located is zoned 'Resource' under the City's Local Planning Scheme No.17, whilst the property for the private haulage road is zoned 'Landscape' under LPS17.

• The restoration will be achieved through an estimated 320,000m³ of fill made up of approximately 50% clean fill (clay soils) and 50% inert material (drainage, road base and fines material).

• The development was advertised for public comment on two separate occasions with the first round of advertising receiving 174 submissions, 167 objections, 6 non objections and 1 comment on the proposal. The second round of advertising received a total of 176 submissions, 168 objections, 6 non objections and 2 comments on the proposal.

• The development was also referred to Main Roads Western Australia (MRWA), the Department of Planning (DoP), Department of Environmental Regulation (DER) and the Department of Parks and Wildlife (DPaW).

• The issues raised by residents included concerns about dust, noise, traffic safety and road condition, the impact on the lifestyle, contamination, ongoing monitoring of the material, illegal dumping, and the potential impacts on flora and fauna.

• Relevant planning concerns raised during the public consultation period have been addressed in detail in the below report.

• Whilst City staff acknowledge this application only proposes 80 vehicle movements per day, City staff have considered the accumulative impact of the application at hand and the proposed Site Remediation involving Lot 12 (No.

1201) Chittering Road, Bullsbrook (DA066-16 and SAT004/2016) which the City has previously considered, given both applications propose to use the private haulage road at Lot 11 (No.737) Chittering Road, Bullsbrook.

• The proposal will effectively be doubling the number of heavy vehicle movements along the private property haulage route, resulting in 160 vehicle movements over an 11 hour period, which equates to one truck passing every 4 minutes.

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• The landowners at Lot 500 (No.21) Hoad Street, Bullsbrook whom are the nearest residents to the private haulage road (approximately 315m-330m), objected to the proposal citing the accumulative impact, as described above, and that it will negatively impact their rural amenity and lifestyle. City staff agree with the objectors concerns.

It is recommended that the Council resolve to refuse the proposed Land Rehabilitation at Lot 1 (No.402) Jenkins Road, Bullsbrook citing the impacts on the rural amenity of the area as the reason for refusal.

AUTHORITY/DISCRETION LPS17 (Cl. 4.4.2)

In accordance with cl.4.4.2 of Local Planning Scheme No.17 where a proposal entails the carrying out of any use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use class the local government may:

a) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;

b) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of clause 9.4 in considering an application for planning approval; or

c) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.

RIGHT OF REVIEW LPS17 (cl.10.10)

In accordance with cl.10.10 of Local Planning Scheme No.17 if the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

PROPOSAL AND PROPERTY DETAILS

The proponent seeks to rehabilitate (fill) the extraction pits located on the site to restore them to the pre-excavation contour of the land. The application consists of the following key features:

• An estimated 320,000m³ of fill will be used to complete the process; the fill will be approximately 50% clean fill (clay soils) and 50% inert material (drainage, road base and fines material);

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• The site will be operative between the hours of 7:00am to 6:00pm Monday to Friday and 7:00am to 3:00pm on Saturdays. No work is expected to occur on the site outside of these hours or to be undertaken on Sundays or Public Holidays.

• The application proposes 40 truckloads of material will arrive at the site during a working day. This equates to 80 vehicle movements per day from the site.

• The City concurrently assessed this application with an application at Lot 11 (No.1201) Chittering Road, Bullsbrook which also proposes 80 vehicle movements per day from the site. The Chittering Road application is currently scheduled for a hearing with the State Administrative Tribunal after the application was refused on three occasions by the City of Swan.

• Access to the site(s) is via Lot 11 (No.737) Chittering Road, Bullsbrook, a property privately owned by the proponent, the same access point as the above mentioned application. With the combined applications it is expected that from Lot 11 (No.737) Chittering Road, Bullsbrook, when both developments are working at capacity the development, will generate a maximum of 160 vehicle movements along Chittering Road and the private haulage road.

• 160 vehicle movements over an 11 hour period, equates to approximately 1 truck passing every 4 minutes.

• Proposed restriction to the number of trucks/vehicles using Chittering Road during school pick up hours – 2 truck movements in each direction between 8:30am and 9:00am and 3:00pm to 3:30pm weekdays.

• The closest residential property is located approximately 135 metres from the boundary of the Area B rehabilitation operations.

• A 5m Noise Bund is proposed to the north of both pits to help mitigate noise.

Applicant: Site Environmental and Remediation Services

Owner: WA Timber Supplies Pty Ltd (Director: Adrian Peter Brajkovich)

Zoning: LPS17 - Resource

MRS - Urban

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Clay Quarry

Lot Size: 2736156m2

Lot Area: 273.6156ha

Use Class: ‘Use Not Listed’ – Land Rehabilitation

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL DA-66/2016 - Site Remediation - Refused 30 August 2017

DA-66/2016 - Site Remediation - SAT Reconsideration Refused by Council at Ordinary Council Meeting 17 January 2018 (SAT004/2016)

DA-66/2016 - Site Remediation - SAT Reconsideration Refused by Council at Ordinary Council Meeting 06 June 2018 (SAT004/2016)

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PUBLIC CONSULTATION

The proposal was referred for public consultation on two occasions. Public consultation was completed as per the following:

Advertising Round 1:

Duration: 21 days from 3 January 2017 to 1 February 2017.

Method: • Letters to all properties within 1km of the subject lot and all residents advertised as part of SAT004-2016;

• 2 Signs in the area;

• The local newspaper (the advocate on the 11/1/2017);

and

• The City’s website.

Submissions Received: A total of 174 submissions were received in the first round of advertising:

- 167 Objections - 6 Non objections - 1 comment

Following the first round of advertising the applicant provided a revised access point and further information in attempts to address some of the concerns raised in the advertising of the application. The revised application was subsequently readvertised as follows:

Advertising Round 2:

Duration: 21 days from 7 June to 28 June 2017.

Method: • Letters to all properties within 1km from the subject lot, all residents who were previously advertised to as part of DA861-2016 & SAT004-2016 and all those who provided a submission on DA861-2016 or DA066-2016.

• 2 Signs in the area;

• The local newspaper (Advocate 07/06/2017); and

• The City’s website.

Submissions Received: A total of 176 submissions were received in the second round of advertising:

- 168 Objections - 6 Non objections - 2 Comments

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The City has also received two petitions objecting to the proposed development (1 x 181 signatures and 1 x 1397 signatures).

The issues raised by residents included concerns about dust, noise, traffic safety and the road conditions, the impact on the lifestyle, contamination, ongoing monitoring of the material and illegal dumping, and the potential impacts on flora and fauna.

No new issues were identified in the second round of advertising.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

During the assessment process the application was referred to Main Roads WA, Department of Biodiversity, Conservation and Attractions (formerly Department of Parks and Wildlife), Department of Water and Environmental Regulation (Formerly Department of Environment Regulations) and the Shire of Chittering. Advice from the agencies has been summarised below.

Department of Water & Environmental Regulation (DWER)

DWER advised the application is likely to meet the definition of prescribed premises (Class 1 inert landfill site) and will subsequently require a works approval to be obtained from the Department. The purpose of a works approval is to allow DWER to assess the environmental acceptability of potential emissions and discharge of a proposal against standards and policies. Works approvals also contain conditions to ensure the premises can operate in an environmentally acceptable manner and that the works themselves do not cause unacceptable environmental impacts.

DWER also advised given the proximity of sensitive receptors (135 metres), residences may experience impacts from noise and dust emissions. As the application area is adjacent to Jenkins Road Gravel Pit which undertakes Category 12 (screening) operations, there is potential for cumulative impacts from dust and noise emissions.

Department of Biodiversity, Conservation & Attractions (DBCA)

DBCA advised the City they conditionally supported the proposed development. DBCA recommended that a dieback management plan is prepared, and that each site that topsoil was sourced from be investigated by an accredited dieback interpreter. Failure to implement these measures will increase a risk of dieback being introduced to the site, subsequently affecting adjoining bushland.

With respect to the concern raised by the public with respect to the Black Cockatoos raised in the submissions the Department provided the following advice.

The addition of native vegetation in an otherwise cleared landscape would clearly be of a benefit in that it would provide further food sources, in time, to the cockatoos, however there may be impacts to the roosting trees or areas in close proximity to the roosting trees which may be detriment to the birds. If it is likely the proposal may result in the clearing or degradation (including pruning the top canopy) of a known roosting site or the clearing of any vegetation at this location then the proposed action should be referred by the proponent to the Commonwealth for assessment under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act).

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6 Main Roads Western Australia (MRWA)

MRWA reviewed the Traffic Impact Assessment (TIA) and had no objection to the proposal. MRWA did however advise that there have been previous customer enquiries expressing concerns in relation to the propose increase in truck movement along Chittering Road and the performance of the intersection with Great Northern highway.

The revised TIA indicates that the intersection of Great Northern Highway and Chittering Road will operate at an acceptable level of service with the proposed development. In addition, the applicant does not intend to operate Restricted Access Vehicles (RAV) which would require Main Roads’ consent.

Department of Planning lands and Heritage

The Department of Planning advised they had no comment on the proposal, however, they did advise that the site is affected by Bushforever Sites 80, 82 and 87 in accordance with Planning Bulletin 69 (PB69), and the City of Swan is required to refer the proposal to the DBCA.

ASSESSMENT

Zoning and Permissibility of Land Use

The subject property on which the rehabilitation works will be undertaken is zoned

‘Rural’ under the Metropolitan Region Scheme and ‘Resource’ under the City’s Local Planning Scheme No.17. The private property used for access purposes and the private haulage road is also zoned 'Rural' under the Metropolitan Region Scheme and 'Landscape' under the City's Local Planning Scheme No.17.

The proposed ‘Land Rehabilitation’ is classified as a ‘Use Not Listed’ pursuant to Local Planning Scheme No.17 and as such is considered an ‘A’ use.

The objectives of the ‘Resource Zone’ are to:

a) Provide for the extraction of basic raw materials with proper environmental safeguards;

b) Protect resources of basic raw materials from inappropriate development.

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; and

c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous flora.

The rehabilitation of the exhausted clay pits by filling and revegetation is an ordinary end outcome for completed extractive industries and accordingly should be seen as consistent with the objectives of the Resource zone.

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7 Traffic

The revised traffic assessment demonstrates the access and egress of trucks to and from the site can occur in a manner that does not entail a risk to general road safety along Chittering Road.

Amenity Impact of Private Haulage Road on Nearby Residents

The residents of the adjoining Lot 501 (No.21) Hoad Road have objected to this application on the grounds that the cumulative impact of 160 truck movements per day along the haulage route across Lot 11 Chittering Road will adversely impact their rural lifestyle and amenity. The residence at No.21 Hoad Road is estimated to be some 315 metres from the proposed haulage route across Lot 11. It is noted that these residents also objected to the application for the proposed site remediation of Lot 12 (No.1201) Chittering Road, which also sought to utilise Lot 11 Chittering Road for access to the remediation site.

City staff were supportive of the use of the haulage route across Lot 11 for the purposes of the application for remediation of Lot 12 on the basis of 80 truck movements per day.

However, as consideration of this application now falls after consideration of the application for Lot 12 Chittering Road, with Lot 11 Chittering Road being common to both as the proposed haulage access route, City staff must now consider the potential cumulative impact of truck traffic from the earlier application and now this proposed application.

The potential cumulative impact is 160 truck movements over an 11 hour period, 6 days per week for a period of 10 years. This equates to a truck movement along the haulage route every four minutes over a period of 11 hours during the day. That is obviously twice as frequent as the vehicle movements proposed under the earlier application for Lot 12. Whilst City staff considered 80 truck movements over the period to be on the threshold of tolerable impact to the rural lifestyle of the resident of No.21 Hoad Road, they cannot find that a doubling of such movements would maintain an acceptable level of impact. City staff consider the degree of potential impact of the cumulative truck movements to be adverse to the rural lifestyle and amenity enjoyed from No.21 Hoad Road and recommend the application be refused for this reason.

Noise

The development is required to comply with the Environmental Protection (Noise) Regulations 1997. Ultimately if the development does not comply with the Environmental Protection (Noise) Regulations 1997, the development will be required to cease works.

Dust

The proponent submitted a dust management plan to accompany the proposed application. Ultimately City staff believe that dust can be effectively managed to prevent any negative impacts on the adjoining landowners.

Furthermore Council is advised that given the proposal falls within the classification of a Class 1 inert landfill, the development will also require a works approval and license from the Department of Environmental Regulation and will subsequently have to comply with conditions that will also address noise, dust and contamination concerns.

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8 Environmental

Under the Environmental Protection Authority’s Guidance for the Assessment of Environmental Factors (in accordance with the Environmental Protection act 1986) the separation distance between Inert Landfill Site (Class 1) and sensitive land use (residential) is a 150m buffer. It is noted the development seeks to vary this separation distance by 15m with the nearest sensitive land use (residence) a 135m away. City staff considers the variation as minor and the 135m separation distance as acceptable given it is expected the development concerns of noise and dust can be successfully mitigated in accordance with the management plans.

With regard to concerns raised by Residents around the Carnaby's Cockatoos, it is noted that the Department of Wildlife advised the planting of native vegetation in an otherwise cleared landscape in the long term is a benefit to the Cockatoos. City staff agree with this advice of the Department. City staff is also of the view that a maximum of 40 trucks (80 vehicle movements) within the subject lot, and the day to day operations of the development will not generate a significant impact on the Carnaby's Cockatoos.

With regards to the clearing of native vegetation, should the applicant require clearing it is the applicant’s responsibility to obtain the relevant approvals to do so, including approval from the Commonwealth if required under the Environment Protection and Biodiversity Conservation Act 1999 if required.

Impacts on Groundwater Quality

Concerns about the potential for groundwater contamination were raised during the advertising period.

It is generally accepted inert material are wastes that are largely non-biodegradable, non-flammable and not chemically reactive. They are considered low risk and within acceptable thresholds. It is also noted that 50% of the proposed material will be considered clean fill and will pose no threat to the groundwater contamination. The inert material as advised by the proponent will be mixed with the ‘clean fill’ (which is expected to be predominantly clay soils) to provide further stability during winter to the remediation works.

Many of the submitters raised concerns about asbestos and other materials which may pose a risk to groundwater and the health of residents.

It is advised that although asbestos is considered a permitted material that may be disposed of at a class 1 inert waste facility, which this site would be recognised by the Department of Water and Environmental Regulation as a class 1 inert waste facility (a point raised by submitters), Council is advised the disposal of asbestos would be subject to approval from the Department of Environmental Regulation, and will require specific license to manage the waste stream. A proposal of this nature will also be under the responsibility of the Department of Water and Environmental Regulation and controls will be implemented through the works approval and licensing process.

Other

Remediation works have already been undertaken:

During the advertising period residence raised concerns that remediation works of the site had previously been undertaken when extraction of raw materials operations ceased on the site. Although it appears sporadic vegetation has grown within the most northern pit since operations of ceasing, it is evident from site inspections that remediation and grading of the pits has not occurred.

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9 Impact on property values:

This is not a valid planning concern.

Rehabilitation could occur in less than two years, why do they need 10 years?

Whilst mathematically it is correct that the site, operating at maximum capacity every day the rehabilitation works could be completed in a little less than two years. 10 years is proposed because the proponent does not expect to operate at the maximum capacity every day, given the nature of the site will be dependent on material being available.

OPTIONS AND IMPLICATIONS

Option 1: That the Council resolve to refuse the application for Land Rehabilitation at Lot 1 (No.402) Jenkins Road & Lot 11 (No. 737) Chittering Road, Bullsbrook for the following reason:

1. The potential impact of an accumulated 160 truck movements, over 11 hours per day, six days a week for 10 years across Lot 11 (No.737) Chittering Road, Bullsbrook is considered to be adverse to the rural lifestyle and amenity of the residents of the abutting No.21 Hoad Road, Bullsbrook

Implications: The applicant will have a right of review of the State Administrative Tribunal.

This is the recommended option.

Option 2: That the council resolve to approve the application for Land Rehabilitation at Lot 1 (No.402) Jenkins Road, Bullsbrook & Lot 11 (No.737) Chittering Road, Bullsbrook, subject to the following conditions:

1. This approval is for Land Rehabilitation as illustrated on the submitted plans received by the City of Swan.

2. This approval is valid for 10 years from the date shown above or until the rehabilitation works have been completed, which occurs first. Following expiry of this period, the development shall not be continued unless a further development approval is granted by the City.

3. The applicant is to provide a Geotechnical Report prepared by a suitable qualified and practising Structural Engineer certifying that any excavation and/or fill has been compacted to a standard that is adequate for any development or use likely to occur on the compacted or filled area. The Geotechnical Report is to be submitted at the time of expiry of approval or conclusion of works, whichever occurs first.

Any additional works required to address the recommendations of the Geotechnical Report are to occur within 60 days of the time of expiry of approval or conclusion of works, whichever occurs first.

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4. The remediation plan is to be increased from one plant per 100m2 to 15 - 26 plants per 100m² quadrant and a minimum spread of 26 native species throughout the entire precinct. The planting must occur prior to the expiry of the development approval or within 60 days of the conclusion of works, whichever occurs first.

5. The development is limited to the following hours and days of operation:

a. 7:00am to 6:00pm Monday to Friday; and b. 7:00am to 4:00pm Saturdays.

6. Drainage engineering drawings are to be submitted to the City for approval which addresses the natural watercourse located at the front of Lot 11 (No. 737) Chittering Road and to demonstrate that truck movements over the watercourse will not compromise the continuous natural water flow. These drawings are required to be submitted by the applicant for approval and the required works implemented in accordance with the approved plans by the applicant at the applicants cost prior to the commencement of works.

7. The operation of truck movements through the Bullsbrook Townsite are restricted to two (2) vehicle movements during the hours of 8:30am to 9:00am and 3:00pm to 3:30pm (as provided for by the Applicant at SAT Mediation for DA066/2016/SAT004/2016).

8. An auxiliary left turn is required to be designed and built in accordance with the City's specifications and standards. Detailed plans must be submitted for approval and the works completed at the applicants cost (inclusive of the cost for the removal of any vegetation within the road-reserve), prior to the commencement of works onsite.

9. All road layout modifications, including traffic volume analysis must be designed and carried out by a suitably qualified and practising Civil/Traffic Engineer and approved by the City's engineering department prior to the commencement of works.

10. All crossovers must be built in accordance with the City's specifications and maintained thereafter, prior to the commencement of works onsite.

11. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

12. At the commencement of works, the owner responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

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13. Any works identified by the 12D survey to improve sightlines on Chittering Road are to be completed by the applicant, at the applicants cost and to the satisfaction of the City of Swan prior to the commencement of works and maintained thereafter by the applicant at the applicants cost.

14. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves. Stormwater drainage plans are to be submitted to the City for approval prior to the commencement of works.

15. 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.

16. The applicant 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 works commencing on site. Any adjustment must be approved by the relevant service authorities and will be at the applicants cost.

17. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City of Swan.

18. The development is to comply with the Environmental Protection (Noise) Regulations 1997.

19. The Dust Management Plan prepared by Site Environmental and Remediation Services (SERS) dated 17 October 2016 must be observed and performed in accordance with the tenor of tis provisions.

20. Any dust accumulations produced from vehicle entry and exit from the site shall be cleared by the applicant to the satisfaction of the Chief Executive Officer.

21. If the City of Swan considers that the works are generating an unreasonable amount of dust, or that any operations are not compliant with the Dust Management Plan, the City of Swan may direct in writing that:

a. An amended Dust Management Plan prepared to the satisfaction of the City of Swan is 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.

22. All vehicle access is restricted to left-in, right-out to Lot 11 (No.737) Chittering Road, Bullsbrook.

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23. A maximum of 40 trucks (80 vehicle movements) are permitted to enter and exit the site per day as part of this application. (A total of 160 vehicle movements are permitted when combined with DA066/2016/SAT004/2016 should it be approved). A record of vehicle movements to and from the site shall be kept and maintained to the City of Swan. Copies are to be made available to the City upon the City's request and to the City on an annual basis.

24. A record of material deposited on the site is to be prepared and maintained to the satisfaction of the City of Swan. Information of the record will included where the material was sourced from and the quantity of material. Copies are to be made available to the City upon the City's request and to the City on an annual basis.

25. A dieback Management Plan is to be prepared and approved by the City of Swan in consultation with the Department of Biodiversity Conservation and Attractions prior to the commencement of works.

The Dieback Management Plan is to be adhered to and maintained throughout the life of the project to the satisfaction of the City.

26. 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 applicant will be able to proceed with the proposed development. The rural amenity may be impacted.

This is not the recommended option.

CONCLUSION

The application is for the restoration of the existing two (2) extraction pits located on the abovementioned site to the pre-excavation contour of the land at the abovementioned property.

The restoration will be achieved through an estimated 320,000m³ of fill made up of approximately 50% clean fill (clay soils) and 50% inert material (drainage, road base and fines material).

The development was advertised for public comment on two separate occasions. The issues raised by residents included concerns about dust, noise, traffic safety and road condition, the impact on the lifestyle, contamination, ongoing monitoring of the material, illegal dumping, and the potential impacts on flora and fauna.

The proposal will effectively be doubling the number of heavy vehicle movements along the private property haulage route. 160 vehicle movements over an 11 hour period, equates to 1 truck passing every 4 minutes. The landowners at the nearest residence (approximately 315m-330m) objected to the proposal citing the accumulative impact, as described above, and that it will negatively impact their rural amenity and lifestyle. City staff agree with the objectors' concerns.

Therefore it is recommended that the proposal is refused citing the impacts on amenity as reasons for refusal.

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ATTACHMENTS Site Plan

Development Proposal

Acoustic and Dust Management Reports

Shawmac Consulting Civil & Traffic Engineers Report

STRATEGIC IMPLICATIONS Nil

STATUTORY IMPLICATIONS Local Planning Scheme No. 17

Planning and Development (Local Planning Schemes) Regulations 2015 Planning and Development Act 2005

State Administrative Tribunal Act 2004

FINANCIAL IMPLICATIONS Nil

VOTING REQUIREMENTS Simple majority

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RECOMMENDATION That the Council resolve to:

1) Resolve to refuse the application for Land Rehabilitation and Private Haulage Road at Lot 1 (No.402) Jenkins Road, Bullsbrook & Lot 11 (No.737) Chittering Road, Bullsbrook for the following reason:

1. The potential impact of an accumulated 160 truck movements, over 11 hours per day, 6 days a week for 10 years across Lot 11 (No.737) Chittering Road, Bullsbrook is considered to be adverse to the rural lifestyle and amenity of the residents of the abutting No.21 Hoad Road, Bullsbrook.

2) Advise the applicant/owner of the resolution of Council.

3) Advise those that lodged a submission of the Council’s decision.

MOTION that the Council resolve to:

1) Refuse the application the application for Land Rehabilitation and Private Haulage Road at Lot 1 (No.422) Jenkins Road, Bullsbrook and Lot 11 (No.737) Chittering Road, Bullsbrook for the following reasons:

1. The potential impact of an accumulated 160 truck movements, over 11 hours per day, 6 days a week for 10 years across Lot 11 (No.737) Chittering Road, Bullsbrook is considered to be adverse to the rural lifestyle and amenity of the residents of the abutting Hoad Rd, Bullsbrook and the entire Bullsbrook locality.

2. The increased movements of trucks will adversely impact the function of parts of Chittering Road by introducing slow moving vehicles that will delay other motorists and compromise the ability and safety for cyclists to use the road.

3. Traffic impacts and safety concerns arising from the additional truck movements have not adequately been addressed in the proponents Traffic Impact Assessment

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4. The purposed remediation plan of one plant per 100m2 quadrant and up to four native species throughout the entire precinct is inadequate and does not meet or match the existing conditions of the bushland within the locality of between 15-26 plants per 100m2 quadrant and a spread of up to 26 native species throughout the entire precinct.

5. The SERS report has not adequately addressed the mitigation of dust and noise exposure to neighbouring properties.

6. A proper process and procedure has not adequately been provided in relation to mitigating any potential contaminants (namely asbestos) from entering the fill site and no process for dealing with any such contamination of the groundwater through the site has been provided.

7. The site is home to endangered species such as the Carnaby Black Cockatoo and the Red Tail Carnaby Cockatoo.

2) The City invites those who object to the proposal to participate in any subsequent State Administrative Tribunal hearing

3) Advise the applicant/owner of the resolution of council.

4) Advise those that lodged submissions of the council’s decision.

(Cr McDonnell - Cr Jones)

RESOLVED UNANIMOUSLY TO:

1) Refuse the application the application for Land Rehabilitation and Private Haulage Road at Lot 1 (No.422) Jenkins Road, Bullsbrook and Lot 11 (No.737) Chittering Road, Bullsbrook for the following reasons:

1. The potential impact of an accumulated 160 truck movements, over 11 hours per day, 6 days a week for 10 years across Lot 11 (No.737) Chittering Road, Bullsbrook is considered to be adverse to the rural lifestyle and amenity of the residents of the abutting Hoad Rd, Bullsbrook and the entire Bullsbrook locality.

2. The increased movements of trucks will adversely impact the function of parts of Chittering Road by introducing slow moving vehicles that will delay other motorists and compromise the ability and safety for cyclists to use the road.

3. Traffic impacts and safety concerns arising from the additional truck movements have not adequately been addressed in the proponents Traffic Impact Assessment

4. The purposed remediation plan of one plant per 100m2 quadrant and up to four native species throughout the entire precinct is inadequate and does not meet or match the existing conditions of the bushland within the locality of between 15-26 plants per 100m2 quadrant and a spread of up to 26 native species throughout the entire precinct.

5. The SERS report has not adequately addressed the mitigation of dust and noise exposure to neighbouring properties.

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6. A proper process and procedure has not adequately been provided in relation to mitigating any potential contaminants (namely asbestos) from entering the fill site and no process for dealing with any such contamination of the groundwater through the site has been provided.

7. The site is home to endangered species such as the Carnaby Black Cockatoo and the Red Tail Carnaby Cockatoo.

2) The City invites those who object to the proposal to participate in any subsequent State Administrative Tribunal hearing

3) Advise the applicant/owner of the resolution of council.

4) Advise those that lodged submissions of the council’s decision.

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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

19/06/2018 1:40000

Lot 1 (No. 402)

Jenkins Road, Bullsbrook

Lot 12 (No. 1201) Chittering Road, Bullsbrook

Lot 11 (No. 737) Chittering Road, Bullsbrook

Chittering Road

Proponents Land

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 13

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 15

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 16

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 17

Figure 1 – Site Location

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 18

Figure 2 – Area A Buffer Map

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Dust Management Plan for Lot 1 Jenkins Road, Bullsbrook WA 6084 19

Figure 3 – Area B Buffer Map

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