3.2 PROPOSED EXTRACTIVE - LOT 801 MORRISSEY INDUSTRY … · 2016-05-12 · 21 March 2007 Page 1 3.2...

Ordinary Meeting of Council 21 March 2007

3.2 PROPOSED EXTRACTIVE INDUSTRY - LOT 801 MORRISSEY ROAD, BULLSBROOK

(North) (Development Services)

KEY ISSUES

• An application has been lodged to extract sand from an 11 hectare area of Lot 801 Morrissey Road, Bullsbrook.

• The proposed volume of extraction is approximately 150,000 tonnes per year with an indicative anticipated lifespan of 7-8 years conducted through 4 stages. Maximum depths above existing ground levels will be approximately 10 metres.

• The application must be determined by the Western Australian Planning Commission. The City is responsible for issuing an Extraction Licence.

• The subject lot is zoned "General Rural" under the City of Swan Town Planning Scheme No.9. An Extractive Industry is an "AA" use in this zone.

• The application was advertised in accordance with Scheme requirements. A total of 28 submissions were received comprising 26 objections and a petition against the proposal signed by 144 persons.

• The objections cited noise, dust, degradation of views, pollution of groundwater, adverse impact on flora and fauna, traffic and inconsistency with the amenity of surrounding rural lifestyle blocks.

• In relation to these concerns the following is noted:

- noise is regulated by the Environmental Protection (Noise) Regulations 1997;

- A Dust Management Plan, including watering will mitigate against dust;

- A rehabilitation and revegetation programme in stages can minimise visual impact and provide for a level of screening primarily as viewed from the west;

- Extraction activities should not intersect the water table given test bores indicate this to be at depths of between 40 and 85 metres below ground. Further testing is required to confirm this;

- Impact on flora and fauna is expected to be minimal given the nature of scattered regrowth and limited understorey; and

- the capacity of Morrissey Road to accommodate the proposed heavy traffic should be subject to a Road Safety Audit with any required upgrade undertaken at the applicant's expense.

• The Applicant has indicated the proposal will address a metropolitan wide


shortage in supply of sand for construction purposes.

It is recommended that Council recommend to the WAPC approval of the application subject to prior to the issue of an Extractive Licence by the City of Swan the applicant to provide:

• Site feature survey of the precise excavation area;

• Submission and approval of a Rehabilitation and Revegetation Plan providing for the staged reinstatement of ground levels and tree cover;

• A Road Safety Audit of Morrissey Road being undertaken by the applicant and any required upgrade completed at the applicants expense prior to commencement of the extraction works;

• Submission and approval of a Dust Management Plan;

• Submission and approval of a Geotechnical Report which provides for further testing of groundwater depths and potential acid sulphate soils. The report to detail treatment and/or removal of acid sulphate soils if discovered, prior to commencement of the extraction works; and

• Further standard conditions.

AUTHORITY/DISCRETION

Council ordinarily has discretion under Clause 2.3.9 of the Scheme to determine applications for Development Approval. In this instance the determination of extractive industries is made by the Western Australian Planning Commission pursuant to Clause 32 of the Metropolitan Region Scheme.

BACKGROUND

Applicant: Belton Taylforth Owner: Finn Henriksen Zoning: TPS - General Rural MRS - Rural Strategy/Policy: North East Corridor Extension Strategy Development Scheme: City of Swan Town Planning Scheme No.9 Existing Land Use: Rural Lot Size: 41.0015 ha Area: Approx. 11 hectares Use Class: Extractive Industry "AA"

DETAILS OF THE PROPOSAL

The proposal entails the extraction of sand as follows:


• Area of extraction is 11 hectares;

• Volume of extraction estimated at 150,000 tonnes per annum;

• Maximum depth of pit will be approximately 10m below existing ground level;

• Extraction undertaken in 4 stages;

• Anticipated lifespan of 7-8 years depending on demand;

• Hours of operation - Monday to Friday 7am to 5pm. Saturday 7am to 2.30pm;

• Plant will include earthmoving equipment (front end loader), screening plant and water cart;

• Traffic volumes estimated at 15 trips per day increasing as required to 20 trips per day;

• Limited stockpiling of material;

• Dust suppression via watering and tarpaulin cover to trucks; and

• Site rehabilitation and revegetation.

DESCRIPTION OF SITE

The subject site is a regularly configured lot of 41 hectares in area situated at the southern end of Morrissey Road, Bullsbrook. The lot rises approximately 40 metres from west to east and comprises "parkland cleared" vegetation with a significant proportion of scattered regrowth. A watercourse traverses the south western corner of the adjoining property (Lot 802) and a single residence and shed are situated in the north western quarter of this same adjoining lot.

The surrounding locality comprises rural lots immediately north of Morrissey Road, a rural lot with an additional use for "Construction Yard" immediately to the west and rural lifestyle blocks further to the northeast and southeast.

SITE HISTORY/PREVIOUS APPROVALS

The subject lot has the following planning approvals on record:

24 April 1989: Sand Excavation;

26 July 1995: "Youth Awareness Life skills Program";

11 June 1997: Camel Rides.


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

As indicated above, Council has previously approved an application to extract sand from the property in an area of 4 hectares subject to conditions. This will be discussed in more detail further in the report.

APPLICANT'S SUBMISSION

The applicant has provided the following points in support of the application, which are summarised as follows:

Visual Impact

• site is relatively remote and well screened by existing vegetation;

• vegetation screening proposed along western lot boundary;

• ridgeline running northeast-southwest will screen pit areas from the rural residential lots to the east;

Dust

• dust generation will be minimal;

• sand and access areas will be watered;

• truckloads will be covered;

• complaint monitoring;

Noise

• site well removed and screened from trees;

• closest dwelling some 500 metres from proposed pit;

• no blasting or noise generating activities involved in sand extraction process;

• operating hours likely to be less than indicated thereby reducing noise;

Impact on native flora and fauna

• site is "parkland cleared";

• tree removal in stages as required;

• trees to be removed are largely re-growth;

• bio-diversity of area is minimal;

• majority of existing vegetation will be retained;

Impact on groundwater


• groundwater recorded at depths of between 40-85 metres below surface;

• depth of extraction will not intersect water table;

• no processing of materials onsite and minimal storage of fuels;

Impact of Traffic

• anticipated 15 trips per day initially increasing to 20 trips per day subject to demand;

• Intersection of Great Northern Highway and Morrissey Road upgraded and widened to improve traffic flow and safety;

• Minimal increase in heavy vehicle traffic along Great Northern Highway.

PUBLIC CONSULTATION

The application was advertised for public comment, with written notification to surrounding landowners. A total of 28 submissions including 26 objections and a petition in opposition signed by 144 persons have been received. The grounds for objection comprise noise, dust, degradation of views, pollution of groundwater, adverse impact on flora and fauna, traffic and inconsistency with the amenity of surrounding rural lifestyle blocks. These matters will be addressed further in this Report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The Department for Planning and Infrastructure have referred the application to the Department of Environment and Conservation (DEC), Department of Water (DoW) and Department for Industry and Resources. It is understood that these agencies have no objection to the application. The DEC has requested as a condition of any approval that revegetation of the site occurs, and the DoW have advised that operations should ensure that contaminants are not exported into the creek.

REPORT

Zoning and Permissibility of Use

The subject site is zoned "General Rural" under City of Swan Town Planning Scheme No.9. An "Extractive Industry" is an "AA" use in this zone.

Western Australian Planning Commission Statement of Planning Policy No.2.4 Basic Raw Materials

The subject lot is not identified under the Policy as a Priority Resource Location, or Key Extraction Area. The applicant has contended, however, that there is a general shortage within the Perth Metropolitan Region of good grade sand for construction purposes and that this proposal is well placed to address that demand. The veracity of


that claim is not able to be evaluated by City staff; however, it is reasonable to expect the WAPC will consider the matter within the context of the Basic Raw Materials Policy.

North East Corridor Extension Strategy

Figures 4 and 11 of this document detail a portion of the site as being designated for "Additional Regional Open Space including Rural Landscape and Conservation Areas". This proposed linear corridor extends northwards from the Brigadoon Estate to the local government boundary of the City and appears to broadly correspond to the face of the Darling Scarp. It appears that approximately one third of the proposed excavation area would be located within this proposed corridor.

It should be noted, however, that the subject lot is zoned General Rural and that it is the land immediately to the east, higher up the scarp, that is zoned Landscape under the City's Scheme reflective in part of rural visual aesthetics. Further, it must be considered uncertain at this point in time whether an expanded regional open space corridor will be achieved in the short to medium term, given there is currently no existing or proposed reservation of the subject lot under the Metropolitan Region Scheme. On this basis it is considered that the proposed lifespan of the excavation is unlikely to conflict with any potential future reservation of the land for regional open space purposes.

Visual Impact

The visual impact of the proposed extraction area is raised as an issue by various objectors including most of the residents/landowners on the northern side of Morrissey Road. In assessing the visual impact of the proposed excavation area the following factors must be considered:

• Existing topography;

• Existing vegetation around the proposed excavation area; and

• The possibility of site rehabilitation and revegetation in stages;

As noted by the applicant and observed onsite, a ridgeline traverses the property between the proposed location of the pit and the frontage to Morrissey Road, with the pit effectively cutting into the side of this ridge. Existing stands of denser vegetation occurs between what will be the northern side of the pit and the road frontage. The net result of topography and vegetation would appear to limit views of the excavation area from along Morrissey Road, particularly from the two closest residences at No's 207 and 111. The impact of views from further east looking down the scarp across the site would also be expected to be lessened by distance (rural lifestyle lots being over 1000 metres distant) and intervening vegetation. It is considered that views looking eastwards up the scarp from areas along Great Northern Highway would be most affected.

It is noted that the opportunity exists to manage the visual impact of an open sand pit by rehabilitation (refill and revegetation). The applicant has indicated that refill and revegetation is best effected at the end of the pits productive life, however if Council is prepared to consider approval of the proposal it is possible to request that rehabilitation occurs on a stage by stage basis. This would minimise the area of open pit that may be visually apparent, particularly looking from the west of the site, as well as reduce the lead time for planted vegetation to mature to a point where


screening becomes effective. To this end it is a recommended condition of any recommendation for approval to the WAPC that the applicant submit:

• A site survey of the precise excavation area relative to the cadastral boundaries of the subject lot which details:

(i) Existing ground levels and proposed ground levels at maximum depth of excavation including battering of slopes;

(ii) The extent of excavation for each stage;

• A Rehabilitation and Revegetation Management Plan detailing the reinstatement of pre-existing natural ground levels at the completion of each stage. The Revegetation Plan to detail:

(i) areas to be revegetated including the length of the pit along its western side and within the refilled areas for each stage;

(ii) type of species to be planted;

(iii) density of planting;

(iv) maintenance of species.

Dust

The impact of dust has been raised as an issue of major concern by all objectors, both during excavation operations and the movement of vehicles to and from the site. The applicant has indicated their intention to water access roads, with the frequency and amount of watering determined by local conditions. The source of such water has been queried by local residents concerned that any extraction from the groundwater table will deplete this diminishing resource. It is noted that the property has an existing groundwater licence and the Department of Water has advised that there may be a requirement to amend the licence. The applicant will need to demonstrate that he can obtain sufficient water to utilise in dust mitigation and this will need to be demonstrated through a more detailed Dust Management Plan that is recommended as a condition of any approval.

Noise

Noise will be limited to earthmoving and transport vehicles. No blasting will occur onsite. The applicant will need to comply with the Environmental Protection (Noise) Regulations 1997 at all times.

Impacts on Groundwater Quality:

The depth of extraction will be approximately 10 metres below existing ground levels. Existing bores dug on the site detail groundwater at depths of between 40 and 85 metres. Based on these measurements and noting that the prevalent sandy soils are unlikely to facilitate perched water tables, it is highly unlikely that excavation activities will intersect the ground water table. Evan so, it is considered appropriate that a geotechnical investigation be undertaken to provide selected drilling through the proposed excavation area, to a minimum depth of 15 metres to ascertain groundwater depths and potential presence of Acid Sulphate Soils. Should Acid Sulphate Soils be detected within 10 metres of the surface the applicant must provide a Management


Plan for the removal or treatment of these soils. These are recommended as conditions of any approval.

Impact on Native Flora and Fauna

The area proposed for excavation is predominantly cleared with scattered trees that are largely regrowth. There is limited undergrowth and it is reasonable to conclude that the destruction of habitat for native fauna would be minimal. Previous land capability assessment undertaken for the property did not indicate the existence of any priority flora. Vegetation on the balance of the property will be maintained and the applicant has indicated that clearing will occur on a staged basis. The potential to rehabilitate on a staged basis will also assist in minimising disturbance to local ecology.

Traffic and Access

Objectors have raised concern that Morrissey Road is not suitable to accommodate the proposed heavy vehicle traffic. Whilst the applicant has indicated the anticipated volume of vehicle movements the category of vehicles is not known at this stage. It is considered reasonable and prudent to ascertain the suitability of Morrissey Road to accommodate the anticipated heavy vehicle traffic by requiring that the applicant undertake a Road Safety Audit. The audit will establish any deficiencies in the road design and determine if any upgrading is necessary. It is noted that the extent of bituminization of Morrissey Road finishes at the western boundary of Lot 801. This sealed area will need to be extended to fully accommodate heavy vehicle access into the lot.

General Amenity

Objectors have cited that this type of operation and its inherent potential impacts as detailed above are inconsistent with the rural lifestyle amenity of the locality. The subject lot is located in an area that is at the boundary of two zonings under the City's Town Planning Scheme - General Rural and Landscape. Lots on the northern side of Morrissey Road, immediately opposite the subject lot, and land to the east is zoned Landscape.

The purpose and intent of the two zones differ with the Landscape zoning having a more pronounced orientation to matters relating to visual and environmental qualities. Whilst these provisions bind and regulate the use of land by owners in the Landscape zone, and so in part define their expectations of amenity, it is not necessarily appropriate to apply these same provisions and expectations to land of a different zoning, even if such land directly abuts it.

On balance the potential impacts to the rural lifestyle amenity of the locality, which can potentially be mitigated by diligent management, must be measured against the potential benefits in the supply of resource reputedly in demand within the construction industry. It is recommended that Council approve the application subject to conditions.

OPTIONS AND IMPLICATIONS

Option 1: Council can resolve to recommend to the WAPC refusal of the application on the grounds that the proposal would have a detrimental


effect, through potential dust, noise, traffic, views and loss of vegetation, on the rural lifestyle amenity of the locality.

This is not the recommended option.

Implications: Determination of the application is with the WAPC. Should the WAPC refuse the application, the applicant will have a right of appeal to the State Administrative Tribunal.

Option 2: Council can resolve to recommend to the WAPC approval of the application, subject to:

• A site feature survey of the precise excavation areas;

• Submission and approval of a Rehabilitation and Revegetation Plan providing for the staged reinstatement of ground levels and tree cover;

• A Road Safety Audit of Morrissey Road being undertaken by the applicant and any required upgrade completed at the applicant's expense, prior to commencement of the excavation works;

• Submission and approval of a Dust Management Plan;

• Submission and approval of a Geotechnical Report which provides for further testing of groundwater depths and potential acid sulphate soils. The report to detail treatment and/or removal of acid sulphate soils if discovered; and

• Further standard conditions.

This is the recommended option.

Implications: Should ensure that the extraction activities can occur with minimal impact to the rural lifestyle amenity of the locality.

CONCLUSION

The applicant is seeking approval to extract sand from a 11 hectare area of Lot 801 Morrissey Road, Bullsbrook. The land is zoned "General Rural" under the City's Town Planning Scheme No.9 and "Industry: Extractive" is an "AA" use in this zone. Council had previously granted approval for an extraction area of 4 hectares in 1989. Whilst the location is not indicated as a designated Priority Resource Location or Key Extraction Area under the SPP "Basic Raw Materials" the applicant contends that the proposal will respond to an existing shortage of good grade building sand.

The application was advertised to surrounding landowners for comment and a total of 26 objections were received, including a petition of 144 signatures against the proposal. Objections were based on noise, dust, degradation of views, pollution of groundwater, adverse impact on flora and fauna, traffic and inconsistency with the amenity of surrounding rural lifestyle blocks. It is considered that these potential impacts can be mitigated by careful management via staged rehabilitation and revegetation, further geotechnical investigation of groundwater depths and watering.


Compliance with the Environmental Protection (Noise) Regulation is required and it is recommended that the applicant undertake a Road Safety Audit of Morrissey Road to ascertain its capacity to accommodate the anticipated heavy vehicle traffic. Any required upgrading of the road should be undertaken at the applicant's expense.

It is recommended that Council recommend to the WAPC conditional approval of the application.

ATTACHMENTS

Location Plan

Site Plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Metropolitan Region Scheme

City of swan Town Planning Scheme No.9

FINANCIAL IMPLICATIONS

Nil.

RECOMMENDATION

That the Council resolve to:

1) Recommend to the WAPC approval of the application for Extractive Industry (sand extraction) on Lot 801 Morrissey Road, Bullsbrook subject to following conditions:

(a) Prior to the issue of an Extraction Licence by the City of Swan, the applicant submitting a site survey of the precise excavation area relative to the cadastral boundaries of the subject lot which details:

• existing ground levels and proposed ground levels at maximum depth of excavation including battering of slopes;

• the extent of excavation for each stage.


(b) The excavation being limited to the area and depth as shown on the submitted plan.

(c) Prior to the issue of an Extraction Licence by the City of Swan, the applicant submitting a Rehabilitation and Revegetation Management Plan detailing the reinstatement of pre-existing natural ground levels at the completion of each stage. The Revegetation Plan to detail:

• areas to be revegetated including the length of the pit along its western side and within the refilled areas for each stage;

• type of species to be planted;

• density of planting;

• maintenance of species.

(d) At the completion of each stage of excavation, the land to be reinstated and revegetated in accordance with the approved Rehabilitation and Revegetation Management Plan.

(e) Prior to the issue of an Extraction Licence by the City of Swan, the applicant submitting a Dust Management Plan detailing the methods used to suppress dust generated by extraction and transportation of sand. Where watering is proposed, the applicant to detail the quantity of water to be used and its source.

(f) Prevention of dust becoming a nuisance through suppression techniques as approved under the Dust Management Plan.

(g) To reduce areas available for dust generation, each stage of development should be progressively cleared as needed, rather than clearing the entire excavation area.

(h) Remnant vegetation outside of the excavation area is to be protected from extraction and transportation activities at all times.

(i) Prior to the issue of an Extraction Licence by the City of Swan, the applicant submitting a Geotechnical Report based on test drilling to a depth of 15 metres below ground in various locations within the excavation area to ascertain the depths of the groundwater table and the presence of Potential Acid Sulphate Soils.

(j) Should Potential Acid Sulphate Soils be detected at depths likely to be exposed by excavation the applicant to submit a Management Plan, in Accordance with Department of Environment and Conservation guideline, detailing their treatment or removal prior to commencement of any excavation works;

(k) Prior to the issue of an Extraction Licence by the City of Swan, the applicant to undertake and submit a Road Safety Audit of Morrissey Road.


(l) Any upgrading of Morrissey Road, as required by the Road Safety Audit, to be undertaken at the applicants cost to the satisfaction of the City of Swan, prior to commencement of the excavation works;

(m) Notwithstanding any upgrading of Morrissey Road required by the Road Safety Audit, the applicant is to extend the sealed portion sufficient to provide access into Lot 801, to the satisfaction of the City of Swan prior to commencement of ay excavation works;

(n) Final pit slopes to be no greater than 14 degrees.

(o) The angle of batter slopes should be less than 1:3 unless required for a specific purpose with particular Council approval.

2) Those who lodge a submission to be advised of the Council's decision accordingly.

MOTION that the Council resolve to:

1) Defer consideration of this matter to the next Council meeting to be held on 11 April 2007, to allow the issues raised at the meeting by the community to be properly investigated.

(Cr Bailey - Cr Alban)

RESOLVED UNANIMOUSLY TO:

1) Defer consideration of this matter to the next Council meeting to be held on 11 April 2007, to allow the issues raised at the meeting by the community to be properly investigated.

3.2 PROPOSED EXTRACTIVE - LOT 801 MORRISSEY INDUSTRY … · 2016-05-12 · 21 March 2007 Page 1 3.2...

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