PROPOSED FREE RANGE POULTRY FARM

DEVELOPMENT ASSESSMENT PANEL – PROPOSED FREE RANGE POULTRY FARM –

LOT 4 MIMEGARRA ROAD CATABY

Location: Lot 4 Mimegarra Road

Applicant: AAA Egg Co Pty Ltd & Springton Nominees

File Ref: Development Services Apps / Development

Applications / 2014 / 38

Date: 15 August 2014

PROPOSAL

The proponent is seeking planning approval for a free range poultry farm located on Lot 4 Mimegarra Road, Cataby. The application is required to be determined by the Regional Development Assessments Panel (Wheatbelt JDAP).

BACKGROUND

The subject development is to be located on portion (approx. 400 acres) of lot 4 Mimegarra Road (approx. 741 Ha) owned by Springton Nomimees. The proposed site for the Poultry Farm is in the north east corner of the lot adjoining Mimegarra Road. Land to the north and west of the subject lot is unallocated crown land, The land to the south and east is general rural use with a small scale poultry abattoir proposed at Lot 5 Mimegarra and existing carrot farms to the south west.

The proposal consists of:

·         15 egg laying sheds approximately 128m x 17m and height of 5m

·         3 pullet rearing sheds approximately 18m x 13m

·         2 silos approximately 8m high.

·         2 managers residences

·         Workers accommodation and recreational facilities

·         Coolroom / workshop

The maximum number of laying hens on site will be 300,000.

The objective for ‘Rural’ zoned land in Local planning Scheme no.7 is

Rural Zone

To provide for a range of rural activities such as broadacre and diversified farming so as to retain the rural character and amenity of the locality, in such a way as to prevent land degradation and further loss of biodiversity.

A free range poultry farm fits under the land use “animal husbandry – intensive” Under the Scheme this is defined as:

“animal husbandry - intensive” means premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production) and other livestock in feedlots.

Agriculture Intensive, Agroforestry, and Animal Husbandry -Intensive are “D” uses (discretionary approval) in a Public Drinking Water Supply Areaa where Council will have due regard to the potential impact on groundwater quality.

5.22 PROTECTION OF WATER SOURCES

5.22.1 Public Drinking Water Source Reserves

Public Drinking Water Reserves are located close to existing townsites and are covered by Water Source Protection Plans prepared by the Water and Rivers Commission (now Department of Environment and Conservation - DEC). Guidelines are available from DEC which establish whether a proposed use is compatible, incompatible or could be approved with conditions to protect water quality and supply.

In considering any development within a Public Drinking Water Source Area (PDWSA) Council will have due regard for the potential impact on water supplies and the compatibility of the proposed use. Any development in conflict with the DEC guidelines must be a referred to DEC for comment to ensure water quality protection of the public drinking water reserves.

5.22.2 Groundwater Areas

Groundwater protection areas have been established by the Water and Rivers Commission (now DEC) known as the Jurien Groundwater Area and Gingin Groundwater Area. Landowners and developers are required to obtain a licence prior to the construction of a bore or well on any property for groundwater extraction except for stock or domestic purposes. The proposed poultry farm is located in the Bassendean soil precinct.

The Department of Regulation, Department of Parks and Wildlife (both the previous DEC) and Department of Water have been consulted on this application. The Department of Water have provided initial comment, and are presently working on providing additional more detailed comment.

COMMENT

The Shire and WAPC have adopted the Local Planning Strategy – Rural Land Use and Settlement 2012 (the Rural Strategy) which provides guidance to Council in assessing this type of application.

The following considerations are taken directly from the Ruralstrategy and comments provided on each consideration.

Local Planning Strategy – Rural Land Use and Settlement

Appendix 2 intensive agriculture planning considerations when assessing a planning application for intensive agriculture

When Council is considering an application for either Agriculture – Intensive, Agroforestry, Animal Husbandry Intensive and Aquaculture it will take into account the following matters.

Strategic Considerations

Council will assess the potential impact of the Application and subsequent development to ensure:

·         Services and infrastructure are adequate, including the road to be used to transport produce and to access the property, power, water and other requirements or can be adequately upgraded which would be the responsibility of the applicant.

The applicant has advised that:

It is estimated that there would be approx. 11 truck movements per week and approx. 35-40 car movements per week. There will be accommodation on site for the workers reducing car movements.

The proposed route for trucks will be Mimegarra Road and Indian Ocean Drive.

Mimegarra Road will be sealed over the next two years from the Brand Highway in the east to the intersection of Meadows Road. Meadows Road will be sealed all the way to Indian Ocean Drive. The southern portion of Mimegarra Road will remain unsealed.

·         There is no wider potential for land use conflict from things such as spray drift or smoke between existing and proposed use.

The intense agriculture – carrot farms are located approximately 5.5 km south west ofthe proposed poultry sheds.

There is not expected to be any significant spray drifts that will impact on either development.

·         It will have no adverse impact on catchment management and ground and surface water.

The Department of Water are providing additional information on this issue, initial comments are that the proposal can be managed so as not to impact on ground and surface water.

·         It will not sterilise land with potential for urban expansion or other long term land needs.

There is unlikely to be any urban expansion in the vicinity.

Local Considerations

Council will assess proposals for intensive agriculture on the ability of the subject land to accommodate the proposed use, and with due consideration of the risk of off-site environmental impacts and conflict with neighbouring land uses. Factors to be addressed by the proponent and subsequently considered by Council include:

·         The nature and capability of the land.

The applicant has advised that:

The site where the sheds are going to be built is only slightly undulating the soil type is sand;

·         Availability and adequacy of water supply.

The applicant has advised that:

Initial advice from the Department of Water is that there will be sufficient quality and quantity of bore water to service the industry.

·         Sensitivity of adjacent land uses.

There are no sensitive adjoining land uses.

·         Remnant vegetation and wetland protection requirements.

The applicant has advised that:

I have contacted the Environmental Protection Regulations; they stated that there are no listed wetlands or water courses on the property. We inspected the property on the 20/07/14 and there were no signs of surface water, drains or water courses on the property,

The proposed site has been parkland cleared.

·         Crop rotation and/or specific land management requirements.

Not applicable to this application.

·         Any particular infrastructure layout or transport access requirements.

Not applicable to this application.

·         The requirement for permission to use ground and surface water.

The applicant is liaising with the Department of Water to satisfy this requirement.

·         Demonstrate the existing pre-development hydrological regime will be maintained or enhanced where possible.

The applicant has advised that:

According to the owner, Phil Melville, the winter water table is at 5 to 6 m At this stage the flow direction of underground water is not known. There is an existing bore on the site and we have had it tested. It is slightly higher in salt than the recommendation for human consumption. We will require at least two more bores for the project. If the mineral levels are too high in the new bores we will install a reverse osmosis water treatment plant to solve the problem. We have already sought advice on reverse osmosis for the project.

We have down loaded the monthly rain fall recorded at Mimegarra station since June 1951. According to the Australian Bureau of Meteorology the evaporation rate is between 1.8 m to 2 m.

We could not find any data on infiltration or run off factors for the area. In regard to storm water runoff, we will be installing gutters on all sheds with downpipes removing the water away from the sheds to be drained into the sand. All storm water will be retained on the site.

According to the Environmental Protection Regulation the property is not on the 100 year flood plain.

·         The separation distances and/or buffers with the adjacent uses which are potentially incompatible can be contained on the subject land rather than being a constraint on adjacent land.

The applicant has advised that:

There are no dwellings within 1000 m of the site.

Table 7 – From the Shire’s Local Rural Planning Strategy:

DEC recommended buffer distances between Rural Industries and Residential areas and State Planning Policy 4.3. Poultry industry 500 metres

The Department of Food and Agriculture (DAFWA) have advised that there is a required minimum distance of 1000m required between any other poultry farm sheds. The poultry sheds associated with the small scale abattoir on Lot 5 Mimegarra Road is located approximately 5.2 km away.

The proposed development will also be able to comply with the 1000m setback requirement from any sensitive land use stipulated under the EPA Guidance Statement No. 3 –
Guidance for the Assessment of Environmental Factors –
Separation Distances between Industrial and Sensitive Land Uses for poultry farms.

The application complies with both the local Rural Strategy as well as State Policy for buffer distances from residences and other poultry farms.

·         The development impacts can be managed on site.

The applicant has advised that:

The proposed site has been parkland cleared. We will be retaining as much of the existing vegetation as possible and each shed will have a shelter belt of native trees and grass planted on the sides of the sheds.

·         The development should not significantly detract from any scenic landscape and/or conservation attributes identified in the locality:

The proposal is approximately 9.3 km from Indian Ocean Drive.

·         The land use will have no adverse impact on the safety, health and amenity of residents in existing dwellings and it will not sterilize land with potential for urban expansion or other long term land needs such as mining.

Given the separation distances from existing dwellings and the very unlikely development of urban land within 500m of the proposal, there is no adverse impacts on nearby residents. The only potential issue may be stable fly, however the applicant has provided a management plan that deals adequately with this issue.

·         Other matters which may be required to be addressed if requested by Council.

The applicant has advised that:

Dead birds- It is estimated that bird mortality would be 80 kg per day. Our preferred method would be composting. This would be done on a hardstand surface using the dead birds and a carbon source such as hay the other method would be burial.

The compost would be used on site as fertilizer. We are prepared to use what is the best practice for dead bird disposal.
Manure- The bulk of the manure in the sheds drops on to manure belts and is removed every 4 days some would be used on site for pasture the balance would be trucked off site to the Wheatbelt. We have existing customers in the Dandaragan and surrounding shires who we supply.

The following initial comments have been provided by the Department of Water:

Application of manure to pasture – For this to be supported by DoW, there would need to be a specific application rate, based on soil type, to ensure there was no excess nutrients available to leach to groundwater. This would need to be stipulated in either a Nutrient and Irrigation Management Plan, or by condition, or scheme provision.

On-site disposal of carcasses – Either option suggested by applicant seems to pose risk of either pathogens and/or nutrients. I would recommend off-site disposal, however I will confirm this after further discussions.

In addition, I have sought advice on Groundwater dependent ecosystems (GDEs) nearby, including vegetation and downstream wetland areas associated with Caro Brook which traverses Lot 4.

I have also forwarded for hydrogeological advice, due to location within Bassendean Precinct SCA. I will forward this advice when received.

If DoW supports the application, it is likely we would also recommend a setback buffer from Caro Brook, among other management approaches, to minimise risks to water resources.

Given the above information, it is the Planning Officers recommendation that Council grant approval imposing the conditions stated in the recommendation to be presented to the Joint Wheatbelt Development Assessment Panel for this application.

There may be additional comments/recommendations added by the officer to the JDAP report should additional environmental information as detailed above be provided prior to the JDAP meeting.

CONSULTATION

·         Department of Planning;

·         Environmental Protection Authority;

·         Department of Agriculture and Food (Moora and Geraldton);

·         Department of Environment Regulation;

·         Department of Parks and Wildlife (Jurien Bay and Geraldton)

·         Department of Regional Development and Lands;

·         Department of Health;

·         Department of Water (Perth and Geraldton);

·         Water Corporation;

·         Shire of Gingin;

·         Surrounding land owners and

·         Shire Officers.

S

         STATUTORY ENVIRONMENT

·         Local Planning Scheme No 7.

·         Local Planning Strategy – Rural Land Use and Rural Settlement.

    

         POLICY IMPLICATIONS

·         SPP 2.5 Land Use Planning in Rural Areas.

·         SPP 4.3 – Poultry Farms.

 Environmental Code of Practice for Poultry Farms in Western Australia.

·         There are no local policy implications relevant to this item.

FINANCIAL IMPLICATIONS

The applicant has paid a sum of $18,783 with $5,885 allocated to the Development Assessment Panel.

STRATEGIC IMPLICATIONS

·         Shire of Dandaragan Local Planning Strategy – Rural Land Use and Rural Settlement.

ATTACHMENTS.

Circulated with the agenda are the following items relevant to this report:

·         Location Plan (Doc Id: 34502)

·         Site Plan (Doc Id: 34501)

·         Elevations (Doc Id: 34500 & 34513)

·         Management Plan (Doc Id: 34499)

(Marked 9.4.5)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council indicate to the Wheatbelt JDAP that they support the planning application for a proposed Free Range Poultry Farm on Lot 4 Mimegarra Road and recommend the following conditions of approval:

1. the land use and development shall be undertaken in accordance with the approved and stamped plans, including the approved Environmental Management Plan and Landscape and Vegetation Management Plan;

2. the endorsed plans shall not be modified or altered without the prior written approval of the Wheatbelt JDAP in accordance with Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

3. this Approval is for an Animal Husbandry - Intensive (Free Range Poultry Farm) only;

4. the use and development must be substantially commenced within 3 years of the date of this approval;

5. poultry shed design and management, management of stock feed, water, waste products and all other aspects of poultry farm operation are to comply with the management guidelines set out in the Environmental Code of Practice for Poultry Farms in Western Australia (May 2004);

6. the maximum number of laying hens shall be 300,000;

7. crossovers, access and egress to the subject site from Mimegarra Road and any road works shall be located and constructed to the satisfaction of the Executive Manager Infrastructure and include all necessary drainage and signage. Costs applicable to the construction of the access point/s onto the site and any related issues shall be borne by the proponent;

8. a Traffic Statement to be completed by the applicant and submitted to the Shire to confirm proposed transport routes along which the majority of traffic to and from the facility will travel including details of the size and class of transport vehicles. A road condition survey is to form part of this and any maintenance work required to public roads as a result of transport activity is to be undertaken by the project contractor to the satisfaction of the Shire of Dandaragan Executive Manager Infrastructure;

9. all internal roadway surfaces within the site are to be constructed of a suitable material such as paving, road base, limestone or course gravel and compacted to limit dust generation, to the satisfaction of the Shire’s Chief Executive Officer;

10. notices indicating the type of operation, hours of operation and potential impacts of the poultry farm operation are to be displayed adjacent to the Mimegarra Road frontage of the site in accordance with the specifications contained in Statement of Planning Policy No 4.3 Poultry Farms Policy to the satisfaction of the Shire’s Chief Executive Officer. The notices must state that development approval for the construction of the Development on the site has been granted;

11. the use and development must be conducted so that it has minimum impact on the amenity of the area by reason of:

·         transportation of materials, goods and commodities to and from the premises;

·         appearance of any buildings, works and materials; and

·         the emission of noise, vibration, dust, wastewater, waste products or reflected light;

12. prior to the commencement of the development, an amended Waste Management Plan shall be submitted to the Shire and approved by the Chief Executive Officer;

13. prior to the commencement of the development, an amended Drainage and Nutrients Management Plan shall be submitted to the Shire and approved by the Chief Executive Officer;

14. prior to the commencement of the development, an amended Pest Management Plan (including stable fly prevention) shall be submitted to the Shire and approved by the Chief Executive Officer;

15. prior to the occupation of the poultry sheds, a Deed of Agreement shall be entered into with the Shire in relation to the maintenance and upgrade of Mimegarra Road at the developer’s cost;

16. applicant is to carrying out of each of the elements of the Environmental Management Plan including the audit protocol set out within the Environmental Management Plan; and

17. prior to commencement of development an agreement of means of disposal of all manure is to be obtained from the Shire of Dandaragan.

ADVICE NOTES:

Note 1: Further to this approval, the applicant will be required to submit working drawings and specifications to comply with the requirements of the Building Act 2011 and the Health Act 1911 which are to be approved by the Shire’s Manager Building Services and/or Manager Environmental Health prior to issuing a Building Licence.

Note 2: The Department of Health advises that any form of pest control using pesticides must comply with the Health (Pesticides) Regulations 2011.

Note 3: It is advised that the proposal should at all times comply with the Biosecurity & Agriculture (Stable Fly) Management Plan 2013 in order to minimize the effects of stable flies on the community.

Note 4: It is advised that the proposal should at all times comply with the provisions of the Food Act 2008 and related regulations, codes and guidelines and in particular the primary production standard in relation to egg production.

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