Mid-West/Wheatbelt Joint Development …...2018/05/10 · This application was considered by the...

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Mid-West/Wheatbelt Joint Development Assessment Panel

Agenda

Meeting Date and Time: 18 May 2018; 10:00am Meeting Number: MWWJDAP/26 Meeting Venue: Department of Planning, Lands and Heritage 140 William Street Perth Attendance

DAP Members via teleconference Mr Paul Kotsoglo (Presiding Member) Mr Vernon Butterly (Deputy Presiding Member) Mr Jason Hick (Specialist Member) Officers in attendance via teleconference Mr James Bayliss (Shire of Gingin) Ms Kylie Bacon (Shire of Gingin) Minute Secretary Ms Michelle Tan (Department of Planning, Lands and Heritage) Applicants and Submitters via teleconference Mr Jorge Chorrez (Craig Mostyn Farms Pty Ltd) Mr Michael Taylforth (Land Insights) Members of the Public / Media Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

4. Noting of Minutes

Signed minutes of previous meetings are available on the DAP website.

https://www.planning.wa.gov.au/7578.aspx

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5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

Nil

8. Form 1 – Responsible Authority Reports – DAP Applications

Nil

9. Form 2 – Responsible Authority Reports – Amending or cancelling DAPdevelopment approval

9.1 Property Location: Lot 501 Fynes Road, Red Gully Development Description: Expansion to Existing Piggery (Animal

Husbandry – Intensive) Applicant: Land Insights – Michael Taylforth Owner: Craig Mostyn Farms Pty Ltd

Responsible Authority: Shire of Gingin DAP File No: DAP/16/00981

10. Appeals to the State Administrative Tribunal

Nil

11. General Business / Meeting Closure

In accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

Form 2 – Responsible Authority Report (Regulation 17)

Property Location: Lot 501 Fynes Road, Red Gully

Development Description: Expansion to Existing Piggery (Animal Husbandry – Intensive)

Proposed Amendments: Amendment to Condition 1 – Extension of time to substantially commence development

DAP Name: Mid-West/Wheatbelt JDAP

Applicant: Land Insights – Michael Taylforth

Owner: Craig Mostyn Farms Pty Ltd

Value of Amendment: $13 million

LG Reference: BLD/4000 – P1672

Responsible Authority: Shire of Gingin

Authorising Officer: James Bayliss – Acting Manager of Statutory Planning

DAP File No: DAP/16/00981

Report Date: 9 May 2018

Application Received Date: 7 March 2018

Application Process Days: 61 Days

Attachment(s): Attachment 1 – Location Plan Attachment 2 – Previous Approval (DAP/16/00981) Attachment 3 – Site Photographs

Officer Recommendation: That the Mid-West/Wheatbelt JDAP resolves to: 1. Accept that the DAP Application reference DAP/16/00981 as detailed on the

DAP Form 2 dated 23 March 2018 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/16/00981, as detailed on the

DAP Form 2 dated 23 March 2018, in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of Clause 4.1 of the Shire of Gingin Local Planning Scheme No. 9, for the extension of time for the substantial commencement of development for a further two (2) year period to the approved Piggery expansion (Animal Husbandry - Intensive) at Lot 501 Fynes Road, Red Gully (by 10 May 2020).

All other conditions and requirements detailed on the previous approval DAP/16/00981 granted 10 May 2016 shall remain. Details: outline of development application

Zoning MRS: NA

TPS: General Rural

Use Class: Animal Husbandry - Intensive

Strategy Policy: NA

Development Scheme: Local Planning Scheme No. 9

Lot Size: 91.3 hectares

Existing Land Use: Piggery and Associated Infrastructure (Animal Husbandry-Intensive)

Condition 1 of development approval DAP/16/00981, granted 16 May 2016, requires the substantial commencement of the works within a period of two years from the date of the approval (i.e. by 16 May 2018). The applicant is seeking an extension of this period for a further two years (i.e. commencement by 16 May 2020). The application does not propose any modifications to the previously approved plans. Background: The subject property is 91 hectares in area and has been an approved piggery (animal husbandry – intensive) since the Ordinary Council Meeting of 7 September 1999 when it was resolved to grant development approval for a 2,750 sow piggery on the site. A location plan is included as Attachment 1. The landowner has subsequently received development approval from Council on four occasions, incrementally increasing the number of pigs located at the site. The most recent approval was granted on 2 March 2010, when Council granted development approval for an expansion of the existing piggery for 1100 sows, 20,000 grower pigs plus 1,500 suckers, 200 gilts and 30 boars which equates to a total of 23,000 pigs and associated infrastructure onsite. At its meeting held on 10 May 2016, the Mid-West/Wheatbelt JDAP granted conditional development approval to further expand the existing piggery operation. A copy of development approval and associated plans is included as Attachment 2. The application comprised of:

An expansion to the existing piggery operation at the subject site from approximately 23,000 pigs to 50,820 pigs which converts to 46, 880 standard pig units (SPUs). This brings the total number of breeder sows to 4800.

1 boar stud shed;

1 mating/gestation shed;

2 farrowing houses;

3 nurseries;

8 grower/finisher sheds;

1 load out shed; and

New holding tank. It should be noted that approval issued on 10 May 2016 (DAP/16/00981) by the Mid-West/Wheatbelt JDAP acknowledged the site plans provided were a generalised piggery plan and that the orientation may vary, however, the actual footprint and location would not. The final detailed structural drawings have not been finalised but all sheds will be of similar size and elevation to the existing sheds onsite. On 7 March 2018 the Shire received an application to extend the period by which the development can be substantially commenced and is the subject of this report.

Legislation and Policy: Legislation Planning and Development Act 2005 Planning and Development (Local Planning Scheme) Regulations 2015. Planning and Development (Development Assessment Panels) Regulations 2011 Shire of Gingin Local Planning Scheme No. 9 – Part 4 ‘Zones and Use of Land’ and Part 5 ‘General Development Requirements’. Environmental Protection Act 1986 The proposal is a prescribed premises under the Environmental Protection Regulations 1987 and the proponent must hold a Works Approval (for construction) and a Licence (for operation). State Government Policies State Planning Policy 2.5 – Rural Planning Policy Environmental Protection Authority – Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses No. 3, June 2005. Department of Agriculture and Food WA - Environmental Guidelines for New and Existing Piggeries Bulletin 4416, May 2000. West Australian Planning Commission State Planning Policy No. 3.7 ‘Planning in Bushfire Prone Areas’. Local Policies Nil. Consultation: Public Consultation The adjoining landowners were advised of the proposed amendment by way of letter and afforded an opportunity to provide comment. No submissions were received by the Shire. Consultation with other Agencies or Consultants The amendment was not advertised to state agencies as the planning framework remains unchanged and the applicant/landowner is required to receive the necessary works approval / license from the Department of Water and Environmental Regulation (DWER) in any case. Planning Assessment: The application is proposing an extension of time to allow for substantial commencement of building works approved as part of the of the original development

application. There are no proposed modifications to the plans. In considering whether the extension should be granted, the following matters are considered: 1. Whether the planning framework has changed substantially since the

development approval was granted; 2. Whether the development would likely receive approval now; and 3. Whether the proponent has actively and relatively conscientiously pursued the

implementation of the development approval. These items are considered below. 1. Whether the planning framework has changed substantially since the

development approval was granted.

In this instance there have been no identified changes to the planning framework applicable. 2. Whether the development would likely receive approval now.

Given the planning framework remains unchanged, it is considered reasonable that the same recommendation be provided for an extension of time for the landowner to commence works. There is no foreseeable reason that an alternate recommendation should be presented for consideration. 005.2018.00000220.001

3. Whether the proponent has actively and relatively conscientiously pursued the implementation of the development approval.

The applicant has advised that the request for an extension of time to commence works has been driven by an unforeseeable downturn in the market which has occurred over the last 18 months. The market across Australia has been oversupplied and therefore forced prices down thereby making the piggery expansion financially unfeasible. The Shire acknowledges that the market downturn is out of the proponent’s control and fluctuations can impact the feasibility of large scale developments. Given the planning framework remains unchanged and the proposed development remains the same, the Shire recommends that the extension of time for the substantial commencement of development for a further two (2) year period be supported. Conclusion: In view of the above assessment the Shire is of the view that the proposed extension of time to for substantial commencement of development of the approved piggery expansion (Animal Husbandry- Intensive) on Lot 501 Fynes Road, Red Gully to 16 May 2020 should be supported.

7 Brockman StGingin WA 6503P: 08 9575 2211E: [email protected]

Shire of Gingin does not warrant the accuracy of information in this publication and any person using or relying upon such information does so on the basis that Gingin Shire Council shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in this information.

Lot 501 Fynes RoadRed Gully

Scale: 1:25000 Date: 11/02/2016

Postal address: Locked Bag 2506 Perth WA Street address: 140 William Street Perth WA 6000 Tel: (08) 6551 9919 Fax: (08) 6551 9961 TTY: 6551 9007 Infoline: 1800 626 477

[email protected] www.planning.wa.gov.au ABN 35 482 341 493

LG Ref: BLD/4000 DoP Ref: DAP/16/00981 Enquiries: Development Assessment Panels Telephone: (08) 6551 9919

Mr Jorge Chorrez Craig Mostyn Farm T/A CM Farms 6 Short Street Fremantle WA 6959

Dear Mr Jorge Chorrez

Mid-West/Wheatbelt JDAP – Shire of Gingin – DAP Application BLD/4000 Lot 501 Fynes Road, Red Gully Expansion of Existing Piggery

Thank you for your application and plans submitted to the Shire of Gingin on 22 January 2016 for the above development at the abovementioned site.

This application was considered by the Mid-West/Wheatbelt Joint Development Assessment Panel at its meeting held on 10 May 2016, where in accordance with the provisions of the Shire of Gingin Local Planning Scheme No 9, it was resolved to approve the application as per the attached notice of determination.

Should the applicant not be satisfied by this decision, a DAP Form 2 application may be made to amend or cancel this planning approval in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011.

Please also be advised that there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. Such an application must be made within 28 days of the determination, in accordance with the State Administrative Tribunal Act 2004.

Should you have any queries with respect to the conditions of approval, please contact Ms Kylie Bacon at the Shire of Gingin on (08) 9575 2211.

Yours sincerely,

Dallas Downes

DAP Secretariat

16/05/2016

Encl. DAP Determination Notice Approved plans

Cc: Ms Kylie Bacon Shire of Gingin

mailto:[email protected]

http://www.planning.wa.gov.au/

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Planning and Development Act 2005

Shire of Gingin Local Planning Scheme No 9

Mid-West/Wheatbelt Joint Development Assessment Panel

Determination on Development Assessment Panel Application for Planning Approval

Location: Lot 501 Fynes Road, Red Gully Description of proposed Development: Expansion of Existing Piggery

In accordance with regulation 8 of the Planning and Development (Development Assessment Panels) Regulations 2011, the above application for planning approval was granted on 18 May 2016, subject to the following:

Approve DAP Application reference DAP/16/00981 for the proposed expansion of the existing piggery (animal husbandry – intensive) to accommodate 50,820 pigs at Lot 501 Fynes Road, Red Gully and accompanying plans marked DAP/16/00981.01 to .07 date stamped received on 22 January 2016 in accordance with the Shire of Gingin Local Planning Scheme No. 9, subject to the following conditions:

Conditions

1. This decision constitutes planning approval only and is valid for a period of two(2) years from the date of approval. If the subject development is notsubstantially commenced within the two (2) year period, the approval shall lapseand be of no further effect.

2. Development shall be in accordance with the approved plans as amended bythese conditions.

3. A Fire Management Plan to be prepared and implemented to the satisfaction ofthe Shire of Gingin with advice from the Department of Fire and EmergencyServices.

4. All uncontaminated stormwater runoff from buildings and roadways beingdrained into the stormwater basins on the property to the satisfaction of theShire of Gingin.

5. All wastewater run-off from machinery, plant and equipment wash-down shallbe drained into a treatment system to the satisfaction of the Shire of Gingin.

6. The Applicant/Owner is required to submit for approval an EnvironmentalManagement Plan in accordance with Department of Agriculture and Food WA– Environmental Guidelines for New and Existing Piggeries Bulletin 4416, May2000 to the satisfaction of the Shire of Gingin.

7. The Applicant/Owner is required to submit for approval a Nutrient ManagementPlan in accordance with Department of Agriculture and Food WA –Environmental Guidelines for New and Existing Piggeries Bulletin 4416, May2000 to the satisfaction of the Shire of Gingin.

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8. The loading and unloading of stock and goods to and from the premises shallbe carried out entirely within Lot 501.

9. Access onto Lot 501 shall be restricted to that shown on the submitted site plan.

10. The Applicant/Owner shall upgrade the intersection of Mogumber Road Westand Fynes Road, and Fynes Road from Mogumber Road West to the access onto Lot 501 (approximately 1.9km long) at the Applicant/Owner’s expense and tothe satisfaction of the Shire.

11. Any composting is carried out in accordance with AS4454-2012 Composts,soil conditioners and mulches.

Advice Notes

1. Where approval has lapsed, development is not to occur without furtherapproval of the relevant authority having first been obtained. The applicant isreminded of the provisions of Regulation 17 of the Planning and Development(Development Assessment Panels) Regulations 2011.

2. Further to this approval, the Applicant is required to submit working drawingsand specifications to comply with the requirements of the Building Act 2011 andthe Health Act 1911 which are to be approved by the Shire of Gingin. TheBuilding Permit is required to be submitted as a certified application with theShire of Gingin.

3. It is an offence to clear native vegetation without the authority of a permit fromthe Department of Environment Regulation unless the clearing is exempt from apermit. It is recommended to liaise with the Department of EnvironmentRegulation in relation to whether a clearing permit or exemption applies.

4. The works and operations will require Works Approval and Licensing from theDepartment of Environment Regulation prior to any activities commencing.

5. Main Roads Western Australia has advised that:

(i) The largest type of vehicle (B Double towing a dog and two trailers)proposed to cart to and from the site is not permitted to use Mogumber Road West; and

(ii) Fynes Road is not classified under the current Restricted Access Vehicle (RAV) Network, therefore direct access to the site using the proposed vehicles is not permitted and ‘As of Right’ vehicles are only permitted.

6. The intersection of Mogumber Road West and Fynes Road is to be upgradedwith 30mm thick compacted asphalt on Mogumber Road West on top of theexisting sealed surface, and new seal on Fynes Road to accommodate theturning path of ‘As of Right’ vehicles, as approved by the Shire’s ExecutiveManager Operations.

7. Fynes Road is to be upgraded to provide:

(i) Additional base course (gravel) material;(ii) Minimum 7m wide sealed surface;

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(iii) Minimum 9.4m wide formation (shoulder to shoulder); and (iv) Appropriate drainage installed as required,

as approved by the Shire’s Executive Manager Operations. The Shire is prepared to enter into a Deed of Agreement with the Applicant for the upgrading works.

DEVELOPMENT ASSESSMENT PANELS APPROVED 10 MAY 2016

Mid-West/Wheatbelt Joint Development …...2018/05/10 · This application was considered by the...

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