Joint
Development Assessment Panel – Proposed Intensive Piggery – Lot 3616 Agaton
Road Dandaragan
Location: Lot
3616 Agaton Road, Dandaragan
Applicant:
Westpork Pty Ltd
File Ref:
Development Services Apps / Development Applications / 2017/01
Disclosure of
Interest: None
Date: 8 March
2017
Author: Manager of Planning
Signature of Author:
Senior Officer: Deputy Chief Executive Officer
Signature of Senior
Officer:
PROPOSAL
The applicant is seeking planning approval for an intensive piggery located on
Lot 3616 Agaton Road, Dandaragan. This application is required to be determined
by the Regional Development Assessments Panel (Midwest/Wheatbelt JDAP).
BACKGROUND
Lot 3616 Agaton Road is located in the Shire of Dandaragan and borders the
Shire of Moora.
It is located on the east side of Agaton Road approximately 8km
north of its junction with North West Road (Badgingarra / Moora Road).
The site
is located 16 km northwest of the Moora town-site and 22 km northeast of the
Dandaragan town-site and the
Redgum Village, north of Perth.
The lot comprises 1481 ha and is currently
used for low intensity cattle farming with around 250 head of cattle and
seasonal cropping, wheat and lupins.
These uses will continue alongside the
piggery.
Westpork has entered into an agreement with the previous owners of the
property - Aumin Pty Ltd – to lease back the land not used by the piggery.
Westpork is seeking Planning Approval for Module 1 (Moora 1) and Module 2
(Moora 2) under the Shire of Dandaragan Local Planning Scheme No 7. Moora 1 and
Moora 2 will have the capacity to house approximately 68,000 pigs.
Longer term site planning provides for a third Module with the capacity for a
further 34,000 pigs. Approval for Module 3 (Moora 3) will be subject of a
future Application.
Lot 3616 is zoned “Rural” under the Shire of Dandaragan Local Planning Scheme
No 7 – District Zoning Scheme.
The proposed use of a Piggery falls under the Use Class of “Animal Husbandry –
Intensive” which is identified in the Zoning Table as a “D” (discretionary)
Use. Whilst the application does not require advertising under the Scheme,
shire staff were of the view that the proposed scale of the development would
potentially have a significant impact on surrounding landowners and therefore
warranted advertising seeking community comment. Section 5.3.4 “Avoiding land
use conflict” of the
December 2016 draft local planning strategy states that
Registering of
notifications on land titles alerting surrounding landowners to amenity impacts
may also be needed to limit potential future land use conflicts. Those
purchasing land will be made aware that living in or close to an agricultural
area may impinge on their quality of lifestyle.
The proposed piggery is consistent with the Shire’s current
Local Planning Strategy – “Rural Land Use and Rural Settlement December 2012 as
well as the advertised draft Local Planning Strategy – December 2016 being
within an area identified for Rural purposes to accommodate a range of rural
pursuits including intensive agricultural production. The proposed piggery is
also consistent with State and Regional Strategies.
Most properties in the locality are cleared and used for grazing and cropping including
those to the immediate south, west and north. The land to the immediate east
and south-east comprises a large area of bushland.
The locality of the site is also experiencing intensification of agricultural
pursuits with two citrus farms on Agaton Road and Prices Road.
There are three residences within 2km of the site.
The proposed piggery is a “Farrow to Finish” (breeding to finish) operation and
comprises two “modules”, one situated adjacent to the central northern boundary
(Moora 1) and the second situated adjacent to the central southern boundary
(Moora 2). Each module will comprise a series of prefabricated modular sheds to
accommodate the animals through their various stages of growth. The piggery
will be operated as a high animal health facility with restricted access to
other than piggery staff.
A small Office building including kitchen, toilet and shower facilities will be
constructed. The construction of Moora 1 and Moora 2 will be staged with Moora
1 commencing as soon as practical after approvals with Moora 2 following on
completion of Moora 1. The wastewater systems to each module will be similarly
staged.
Each piggery module will have its own solid waste separation and wastewater
pond system with no wastewater discharge to the environment. Pre–treatment of
the effluent will be by Fan Separator to separate the solids from the liquids.
Wastewater from each piggery module will flow into settlement traps before
entering an anaerobic pond. The effluent discharged from the anaerobic pond then
enters a facultative pond with the treated effluent finally being discharged to
an evaporation pond.
All traps, ponds and channels will be fully lined and the ponds have been sized
using real daily Bureau of Meteorology data to ensure adequate freeboard in
extreme rainfall events.
Solid manure wastes from the Fan Separator will be applied to the site in the
‘reuse area’ in accordance with a Nutrient Management Plan (NMP). Solid waste
from the trenches and pond systems will be exported off site to an approved
disposal location.
Animal carcasses and inert waste generated will be disposed of on-site in an
appropriate manner (Burial).
Westpork has been granted a water allocation of 889,140 kL per annum for the
site by the Department of Water subject to the completion of a H2 assessment.
Under the Shire of Dandaragan Local Planning Scheme No.7 Agriculture Intensive,
Agroforestry, and Animal Husbandry Intensive which are located in a Public
Drinking Water Supply Area, the local government will have due regard to the
potential impact on groundwater quality.
Scheme Clause 4.21
PROTECTION OF WATER SOURCES
4.21.1 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.
The Moora townsite draws its water from bores located in the
Shire of Dandaragan approximately 10 km south of the proposed piggery. It is
noted that PDWSA for the Moora bores is a relatively small area covering the
bores only. The proposed piggery is 10km distance from the PDWSA.
4.21.2 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 Department of Environment Regulation, Department of
Parks and Wildlife (both the previous DEC) and Department of Water have been
consulted on this application.
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 Rural Strategy and
comments provided on each consideration.
Note - Council is presently advertising a new Local Planning Strategy that will
replace the current abovementioned Strategy. The draft new Strategy contains
the same matters in both versions of the Strategy to be taken into account when
considering this application.
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;
A Traffic Impact
Assessment of the proposed piggery has been undertaken by Shawmac Traffic
Engineers [Appendix 2]. The Assessment, which was based on construction and
operation of all three modules, concluded that:
The predicted traffic generation from the site for all three modules is 86
vehicles per day. Delivery trucks will travel south via Agaton Road, North West
Road, Dandaragan Road and across to Moora Townsite
Expected average increase in traffic using these roads will not adversely
impact the operation of the existing road network.
Sight distances at the Agaton Road / North West Road intersection are
considered to be satisfactory, except the truck Entering Sight Distance from Agaton
Road. This will require some clearing of roadside vegetation or the
installation of an intersection warning sign
No modifications are considered necessary to the intersection of Agaton Road
and North West Road Crash history for five years to December 2015 for the
Agaton Road / North West Road intersection indicated a total of five crashes;
two involved animals and three involved trees
The overall development will be serviced by two access points on Agaton Road
and there is clear sight distance in both directions from the proposed access
locations to vehicles travelling along Agaton Road and there are no anticipated
safety issues; and
The required car
parking provision will be in accordance with Shire of Dandaragan Car Parking
Policy and Australian Standards AS2890.1.
Preliminary
discussions between Westpork and representatives of the Shire of Dandaragan and
the Shire of Moora indicated a willingness on the part of both Shires to seek
government funding for the upgrade of Agaton Road to a 9m sealed surface.
The Shires view the sealing of Agaton Road as beneficial not only to the
piggery but also Agrifresh as well as being a means of attracting further
development and particularly intensive agricultural projects to the area.
Shire staff comment:
The last traffic count data collected along Agaton Road was in June 2015 for a
period of 67 days including an average daily traffic of 27 vehicles per day.
The proposed piggery application indicates an increase from 27 vehicles per day
to 113 vehicles per days along Agaton Road.
Under Main Roads WA’s Heavy Vehicle Operations Agaton Road is a local access
rate that is Conditionally Rated as Restricted Access Vehicle (RAV) Networks 3
– 6, with the following conditions “no operation on unsealed road segment when
visibly wet, without road owner's approval. Not to be used as a through route.
For local delivery and pickup only. Driver must carry documentation as proof of
local delivery or pickup”.
Agaton Road is also subjected to traffic commuting to and from the Agrifresh
operations at various locations along this road. Ongoing maintenance and
renewal issues have been prevalent along this road, especially during wet
weather as well as heavy haulage during the drier summer months. Renewal
activities in the past few years have included gravel re-sheeting with 150mm of
gravel along at least 12 kilometres of road in a northerly direction from the
North West Road intersection in an effort to improve the road condition.
Agaton Road, like any gravel road, remains susceptible to deterioration
associated with increased travel movements, especially increased heavy haulage.
Shire staff have concerns regarding the ongoing conditions of this road with
the proposed increased traffic movements. The condition of the road will need
to be monitored and potential methods for funding of expected increased
maintenance and renewal costs will need to be investigated.
There is no wider potential for land use
conflict from things such as spray drift or smoke between existing and proposed
use.
There is not expected to be any significant land use
conflict between existing and proposed use from things such as spray drift or
smoke.
It will have no
adverse impact on catchment management and ground and surface water.
The applicant has
advised that; Four bores have been installed around the Stage 1 (Moora 1)
wastewater treatment system and will be monitored. The parameters proposed to
be monitored are sufficient to detect impacts from any potential leaks from the
anaerobic and evaporative ponds. Water
samples will be collected in accordance with AS/NZS 5667.1–1998. Samples will
be analysed at a National Association of Testing Authorities (NATA) accredited
laboratory for the analysis undertaken.
An additional four bores will be installed around the Stage 2 (Moora 2)
wastewater treatment system during construction of this system.
Daily visual inspections of the drainage lines will be undertaken to check for
spills and leaks. Any spill or leak will be cleaned up immediately, and the
cause of the spill or leak investigated and rectified. The wastewater treatment
system will be regularly monitored, at least every second day to ensure any
pipe blockages are detected and cleared. Any preventative measures or
corrective actions will be documented and included in the Annual Environmental
Report submitted to DER.
Regular visual inspection of the burial pit will be undertaken to check for exposed
carcasses. Contingency measures will be undertaken if required.
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 Nutrient
Management Plan (NMP) documents site conditions and investigations regarding
the volumes and quality of effluent that can be sustainably applied to the site
[Attachment 2]. Consideration of site conditions and incorporation of policy
and guideline recommendations for spreading of manure indicate that with
suitable management, the site is suitable for the spreading and assimilation of
manure.
It is proposed to spread manure from the operation which has been pre-treated
via a screw press to remove liquids. Sludge from the sedimentation trenches and
basins will not be applied on site, but will be exported for use by a third
party. Material treated via the screw press will be applied to a 1,236 ha reuse
area being 83% of the site.
Volumes to be applied have been calculated conservatively to ensure
sustainability of the operation based on soil conditions, depth to groundwater
and proposed use. The reuse area will be split into two 618 ha areas with these
areas used alternately on an annual basis for application of the screw press
solids.
The nutrient loading of the proposed reuse areas have been designed to benefit
the grazing and cropping operation on the farm, without negatively impacting on
neighbours and the environment.
availability and
adequacy of water supply;
The applicant has advised that;
Westpork has been
granted a water allocation for the site by the Department of Water (Geraldton
branch) subject to the completion of a H2 assessment. In accordance with the
requirements of the H2 assessment drilling on the property has commenced and
due for completion mid-December, with the final report and water allocation
being confirmed in early 2017. Westpork expect to have access to 889,140 kL per
annum. Westpork will be granted a Licence to Take Water from Department of
Water under the Rights in Water and Irrigation Act 1914.
sensitivity of
adjacent land uses;
There are two significant issues that may impact
neighbouring residents, these being odour and noise. Each is addressed
separately by the applicant below;
The generation of
odour impacts is directly related to the strength or odour concentration
associated with the source, its characteristics (if it is offensive or
pleasant), frequency of occurrence, and duration of exposure and also the size
of the odour source. The extent to which odour becomes a nuisance to a
neighbour is also related to the separation distance between the source and the
neighbour.
The main odour sources from the proposed piggeries are:
§ Pig
sheds – Dirty pigs smell as their body warmth encourages anaerobic breakdown of
the manure on their skins
§ Solids separated from the
fan separator – wet manure generates odour; and
§ Treatment ponds and
mainly the anaerobic ponds, although the aerobic/evaporation ponds can become
odourous if they are overloaded.
A Level 1 odour impact
assessment in accordance with DER’s Draft Separation Distances Guidance
Statement has been undertaken to determine the appropriate buffer distances to
each module of the proposed piggery.
The assessment is based on the number of Standard Pig Units, the odour
potential having regard for waste treatment and management systems, the
potential dispersion and the terrain and has been calculated at 2.5km from each
piggery unit.
Based on calculated buffer distance of 2.5km, Moora 2 is compliant with this
recommended buffer distance whereas Moora 1 intersects a residence located at
831 Agaton Road (Lot 3615), approximately 1.7 km west from the activity
boundary and a residence located at 1126 Agaton Road (Lot 3611), approximately
1.9 km north from the activity boundary. The site is well buffered from the
rural township of Moora, and from other surrounding rural residential
receptors.
Consultation with the owners of the two rural residential properties located to
the west and north of Moora 1 has confirmed that these properties are vacant
and may be used occasionally, but are not the primary residences of the owners.
The residence to the north of the property is occasionally used by the owners
when they tend to their general farming duties at the property. The owners’
principle address is in Middle Swan.
The residence to the west is currently vacant. The owners reside on the eastern
side of Moora. Westpork intends approaching the owners with the object of
leasing the residence for personnel working at the piggery.
Regardless of the occupancy status of these properties, best practice odour
control measures as outlined in the planning report will be implemented:
Noise sources from an operational piggery are:
Operation of pig sheds, specifically ventilation fans
(small, medium or large). The sound power levels of the different fans were
measured at Westpork’s Mindarra piggery (Gingin) and were 84 dB (A) (small and
medium fans) and 89 dB (A) (large fans). Pigs – Moving of the pigs within the
finishing shed by operators causes them to squeal or grunt at a sound power
level of 80 dB (A).
Noise modelling of these sources was undertaken by Herring
Storer Acoustics. A night time operating scenario was modelled, as this
represents periods of worst case noise emissions for Westpork.
This scenario was highly conservative as
it:
1. assumed all fans on
all sheds were operating at all times, where in reality during the night most
fans would not be operational, as the ventilation system is designed for peak
heat periods during hot summer days, with fans progressively shutting down
during the evening or not be operational at all during winter.
2. assumed for each
shed, pig squeal noise was emitted, where in practice workers rarely move pigs
at night, and therefore pigs would be undisturbed and unlikely to squeal/grunt.
The modelling report
indicates noise levels received at the nearest neighboring premises would
comply with the Environmental Protection (Noise) Regulations 1997 under a night
time (worst case) scenario. The noise level experienced at these noise sensitive
receptors would range from 11 to 26 dB (A) which complies with the applicable
LA10 assigned noise level of 35 dB (A).
The piggeries will be operated to comply with the Environmental Protection
(Noise) Regulations 1997. Routine observations and inspections will be
undertaken in regard to noise. Onsite management will be informed of the
results of inspections and observations and will implement contingency actions
to ensure compliance with Environmental Protection (Noise) Regulations 1997.
If complaints suggest that noise impacts are occurring a site inspection will
immediately be conducted to determine the source. If the source can be readily
addressed this will be rectified and action taken to prevent a recurrence. If
the source requires changes in the design or management of the piggeries to be
addressed the facility production rate will be reduced to the extent necessary
to prevent noise impacts while the design change is implemented. Westpork will
advise the complainant of the corrective action taken and the preventative
measures proposed to prevent future disturbance to the complainer.
Due to non-constant nature of the noise
sources, and the distance to the nearest residence (1.7 km away from the
activity boundary), it is unlikely the amenity of residences will be
significantly impacted. The risk is considered to be low.
remnant vegetation
and wetland protection requirements;
The applicant has advised that;
The site is located in the Swan Coastal Plain biogeographical region and within
the Dandaragan Plateau sub-region which is characterised by Banksia low
woodland, Jarrah-Marri woodland, and by scrub-heaths.
Most of the lot has been cleared for grazing save for a small area of remnant
vegetation along the eastern boundary and isolated paddock trees.
No Threatened Ecological Fauna Communities or Priority Ecological Fauna
Communities occur on the site.
There are no identified wetlands and watercourses on the property other than the
single circular lake feature in the vicinity of the eastern boundary of the
site which appears to be surface expression of the groundwater located in a
topographic depression
crop rotation and/or
specific land management requirements;
Not applicable to this application.
any particular
infrastructure layout or transport access requirements;
Previously discussed under Services and infrastructure above
the requirement for
permission to use ground and surface water;
The applicant is liaising with the Department of Water to
satisfy this requirement.
emonstrate the
existing pre-development hydrological regime will be maintained or enhanced
where possible;
The applicant has advised that;
The site is located within the Nambung River catchment and
the Nambung/Cataby Coastal Tributaries subarea.
The site is located within the Department of Water proclaimed Jurien
Groundwater Area, bounded by Moora to the south, the Indian Ocean to the west,
Watheroo in the east and the Arrowsmith Groundwater Area in the north. Within
the Jurien Groundwater Area, the site is situated in the Dinner Hill subarea.
Several aquifers underlie the Dinner Hill subarea. The site is not within a
Public Drinking Water Supply Area.
Four groundwater bores were installed in April 2016 and show a depth to
groundwater varying between 14m to 15m across the site. The lake located on the eastern portion
of the site is sitting at approximately 235 mAHD, and therefore is likely to be
an expression of groundwater. Groundwater flow is generally from east to west.
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;
A Level 1 odour impact assessment in accordance with DER’s
Draft Separation Distances Guidance Statement has identified a calculated
buffer distance of 2.5km.
Moora 2 is compliant with this recommended buffer distance.
Moora 1 intersects a residence located at 831 Agaton Road
(Lot 3615), approximately 1.7 km west from the activity boundary and a
residence located at 1126 Agaton Road (Lot 3611), approximately 1.9 km north
from the activity boundary. Based on consultation with the owners of these two
rural residential properties the properties are vacant, and may be used
occasionally, but are not the primary residences of the owners.
Regardless of the occupancy status of these properties, best
practice odour control measures will be implemented which Westpork believes
minimise the risk of adverse impacts on amenity of residents.
The Shire of Dandaragan Local Planning Strategy – Rural Land
Use and Rural Settlement 2012 provides the following minimum buffer between
piggeries and residential use.
Piggery 300m – 500m depending on size of operation and
neighbouring land use - refer Dept. of Agriculture guidelines (Latto et al
2000)
the development
impacts can be managed on site;
The applicant has advised that;
Given the site is within a rural area, there are few
residences, substantial buffer distances to sensitive uses, construction
activities at the site will be of limited duration and the proposed management
measures including dust suppression and construction activities being limited
to 7am and 5pm on weekdays, and between 7am and 2:30pm on Saturdays (no
construction on Sundays); the risk of affecting the nearby premises is
considered low.
The proposed treatment system is a closed system, with no
wastewater discharge to the environment as all traps, channels and ponds will
be fully lined. Based on detailed modelling, the proposed wastewater treatment
system will have sufficient capacity to treat and hold wastewater generated
from the piggeries including under extreme rainfall events. Westpork is an
experienced operator with a good environmental management record as evidenced
by their existing operations. Therefore the risk to groundwater and surface
water quality is low.
The following solid waste management measures and depth to
groundwater, will ensure the risk to groundwater is low:
• Manure will be applied to the reuse area in accordance
with the Nutrient Management Plan for takeup by seasonal crops
• The burial pits at least 2 m above the groundwater table
will be used to dispose of pig carcasses. Carcasses buried onsite will be
covered with at least 500mm of soil; and
• No hazardous materials (e.g. batteries) will be placed in
the rubbish pit.
Four bores have been installed around the Stage 1 (Moora 1)
wastewater treatment system and will be monitored. An additional four bores
will be installed around the Stage 2 (Moora 2) wastewater treatment system
during construction of this system.
A Level 1 odour impact assessment in accordance with DER’s
Draft Separation Distances Guidance Statement has identified a calculated
buffer distance of 2.5km.
Moora 2 is compliant with this recommended buffer distance.
Moora 1 intersects a residence located at 831 Agaton Road
(Lot 3615), approximately 1.7 km west from the activity boundary and a
residence located at 1126 Agaton Road (Lot 3611), approximately 1.9 km north
from the activity boundary. Based on consultation with the owners of these two
rural residential properties the properties are vacant, and may be used
occasionally, but are not the primary residences of the owners.
Regardless of the occupancy status of these properties, best
practice odour control measures will be implemented which Westpork believes
minimise the risk of adverse impacts on amenity of residents.
Noise modelling indicates that noise levels received at the
nearest neighbouring premises from the piggery would comply with the
Environmental Protection (Noise) Regulations 1997 under a night time (worst
case) scenario. Due to the non-constant nature of the noise sources within the
piggery, and the distance to the nearest residence (1.7 km), it is unlikely the
amenity of residences will be significantly impacted.
A BAL Assessment of the proposed piggery considered all
three modules and concluded that the determined Bushfire Attack Level (highest
BAL) is BAL–12.5.
The Assessment concluded that the siting and design of each
of the three modules is appropriate to the level of bushfire threat that
applies to the site.
Fire prevention measures to be implemented at the piggery
include firebreaks around the property, on-site firefighting equipment, large
above ground storage of firefighting water and firefighting training for onsite
personnel.
Any fires that start on the premises should be managed
within minutes of starting. The site is currently not staffed on a routine
basis so the presence of the piggeries will provide a permanent on-site
presence to allow a more rapid fire response. The risk is considered very low.
The development should not significantly detract from any
scenic landscape and/or conservation attributes identified in the locality;
The applicant has
advised that;
The site of the proposed piggery is located within an area
that is open rural and, for the most part, cleared for cropping and grazing.
The landform is generally mildly to moderately undulating and as a consequence
sections of the buildings forming part of Moora 1 and Moora 2 will be
occasionally visible from locations along Agaton Road.
The buildings forming each module are typically rural in
design and scale and consistent with other buildings in the locality including
those of the two citrus operations.
Agaton Road is a rural access road and primarily utilised by
owners and residents and farm workers of local properties. The eastern road
verge to Agaton road for the most part is well vegetated and generally offers
good screening into adjacent properties.
Further, the proposed piggery is consistent with Council’s
longer term planning objectives for the locality and specifically the
continuing encouragement of commercial agricultural production including
intensive agricultural production.
Given the rural location, undulating landform, rural scaled
buildings, limited and local traffic, verge screening and long term planning
objectives for the locality; it is considered that the proposed piggery is
consistent with the visual and landscape qualities of the locality.
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;
This has been discussed in separation buffers and distances
above.
It is noted that it is unlikely that urban expansion would
occur in proximity to this proposal. There is an exploration mining licence
70/3988 over the land (and surrounding land areas). However this is unlikely to
conflict with the land use.
other matters which
may be required to be addressed if requested by Council.
The applicant has advised that;
Disposal of carcasses
It is estimated that
approximately 212 t per annum of dead pigs and afterbirth will require to be
disposed of from each module (i.e. site total of 424 t per annum), to the
associated burial pits [Figure 4 : Site Plan]. Dead pigs will be removed by
front end loader and deposited directly into the pits.
The base of the pits
will be a minimum of 2m above the maximum water table and the carcases will be
covered with 500mm of sand/clay stockpiled adjacent to the pits.
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
Note – Under Local Planning Scheme No.7 the use is not an “A” use, and
therefore did not require advertising. However given the scale of the project,
it was felt that this matter should be put to the community for comment.
Advertising closed on 22 March in order to give sufficient time for comment.
The Scheme requires 14 days, however this was extended out to a month due to
publication dates of local newspapers and to give neighbours more time to make
a response. The JDAP report is due by 20 April at the latest and the next
Council meeting is on 27 April. Therefore the matter is put to this Council
meeting with minimal time to consider submissions.
The proposal was advertised on the Shire website and in the
following local newspapers circulating within the district
Geraldton Guardian
Northern Valley Times
Shire Matters in Red Gum (Dandaragan townsite)
§
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 Moora – Mr Peter
Williams
§ Surrounding land owners
within at least 10km (from 27 February) and
§ Shire Officers
In addition to this advertising, the applicant has advised
that;
Westpork has consulted with and discussed the proposal with
the owner of the vacant residence located at 831 Agaton Road, approximately 1.7
km west from the piggery activity boundary. The owner, who does not reside at
this residence, had no comments or issues with the piggery being located at 898
Agaton Road.
The residence to the north is an absentee owner with their
principal residence being in Middle Swan. Westpork will refrain from spreading
manure close to their boundary when they are staying / working at the farm.
The owners of the property to the north-west were also
consulted and are supportive of the proposed piggery as they see the import of
solid waste from the piggery as an oppourtunity to significantly improve their
soils and crop productivity.
Agrifresh have been consulted and are supportive of the
proposal. The Paulownia farm was consulted but made no comment.
Westpork has also consulted with both the Shire of
Dandaragan and Shire of Moora as part of the initial scoping and planning
exercise. Both Shires were highly supportive of the proposed development.
STATUTORY ENVIRONMENT
§ Local Planning Scheme No
7
POLICY IMPLICATIONS
State Planning Policy 2.5 - Rural Planning.
Section 5.8 Intensive agriculture
Intensive agricultural products are important contributors to the State’s
economy and are sold to domestic and export markets. Several localities in
Western Australia produce much of the State’s produce, including Carabooda,
Gingin Brook, Perth Hills, Nowergup, Myalup, Manjimup, Donnybrook, Margaret
River, Carnarvon, and Ord River. In addition, there are other dedicated sites
that may produce a high percentage of a particular commodity in the context of
State supply.
In order to operate effectively, producers may require areas
of high agricultural productivity, water availability, suitable climatic
conditions and ready access to markets and freight networks. WAPC policy in
regard to intensive agriculture is:
(a) intensive agriculture is generally supported and
encouraged on rural land provided rural amenity and environmental impacts can
be effectively managed;
(b) intensive agriculture sites of State significance should
be protected from encroachment;
(c) in considering buffer distances between intensive
agriculture and sensitive land uses, the requirements of clause 5.12 should be
observed, and the following matters may also affect the buffer –
i. types of chemicals used and their method of application;
ii. the characteristics of the site/s, including vegetation, topography and
prevailing winds;
iii. potential mitigation approaches, including fencing, vegetation buffers,
open space, road reserves and other compatible uses; and
iv. potential staging and/or expansion intention of the intensive agriculture
operator; and
(d) where an intensive agriculture proposal may affect the
nutrient load of a river, estuary or associated tributary and the system and/or
its receiving water body has no further capacity to assimilate nutrients
without an adverse impact on ecosystem health, a reduction in nutrient export
is to be demonstrated.
FINANCIAL
IMPLICATIONS
The applicant has paid a sum of $39,485 with $6,557 allocated to the
Development Assessment Panel.
STRATEGIC
IMPLICATIONS
§ Shire of Dandaragan Local
Planning Strategy – Rural Land Use and Rural Settlement.
§ Draft Local Planning
Strategy 2016
ATTACHMENTS.
Circulated with the agenda are the following items relevant to this report:
§ Full details and plans
were provided to Councillors via CD on 9 March 2017 at the Council Forum
§ Hard copy summary of the
proposal was provided to Councillors at the Council Meeting on 23 February
2017.
§ Submission from Shane
Nixon (Doc Id: 87921)
(Marked 9.4.2)
VOTING REQUIREMENT
Simple majority
OFFICER
RECOMMENDATION
That Council advise the Midwest/Wheatbelt JDAP that it supports the proposed
development of a Piggery on Lot 3616 Agaton Road, Dandaragan and the provides
the following draft planning conditions:
1. The land use and development shall be in accordance with
the approved plans and specifications (including any amendments marked in RED)
unless otherwise conditioned by this approval;
2. The use when established shall at all times comply with the definition of
Animal Husbandry – Intensive (Piggery) contained within the Shire of Dandaragan
Local Planning Scheme No.7;
3. This approval is for Module 1 (Moora 1) and Module 2 (Moora 2) and any
ancillary works with a capacity to house approximately 68,000 pigs. Separate
future application will be required if a third Module with the capacity for a
further 34,000 pigs is proposed.
4. The endorsed plans shall not be modified or altered without the prior
written approval of either the Shire of Dandaragan or Midwest/Wheatbelt JDAP in
accordance with Regulation 17 of the Planning and Development (Development
Assessment Panels) Regulations 2011;
5. The use and development must be substantially commenced within 3 years of
the date of this approval;
6. The development at all times shall comply with the Nutrient Management Plan
prepared by Aurora Environmental that was submitted with the application to the
satisfaction of the Shire of Dandaragan;
7. The development at all times shall comply with the Works Approval
Application prepared by Aurora Environmental that was submitted with the
application to the satisfaction of the Shire of Dandaragan. This is not limited
to, but specific mention is made to the management and mitigation strategies
and contingency measures applicable to;
a) Construction management,
b) Wastewater Effluent management,
c) solid waste management,
d) odour management,
e) noise management,
f) fire management
g) and environmental monitoring and reporting;
8. The development at all times shall comply with the
Bushfire Attack Level (BAL) Assessment prepared by Smith Fire Consulting that
was submitted with the application to the satisfaction of the Shire of
Dandaragan;
9. The development at all times shall comply with the Traffic Impact Assessment
prepared by Shawmac Traffic Engineers that was submitted with the application
to the satisfaction of the Shire of Dandaragan;
10. The piggeries will be operated to comply with the Environmental Protection
(Noise) Regulations 1997. Routine observations and inspections will be
undertaken in regard to noise. Onsite management will be informed of the
results of inspections and observations and will implement contingency actions
to ensure compliance with Environmental Protection (Noise) Regulations 1997.
11. Crossovers, access and egress to the subject site from Agaton Road and any
road works shall be located and constructed to the satisfaction of the Shire of
Dandaragan 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;
12. A road condition survey is to be completed by the applicant and submitted
to the Shire detailing any maintenance work required to public roads as a
result transport activity to the satisfaction of the Shire of Dandaragan;
13. Prior to commencement of site works, the Applicant/Landowner is to enter
into discussions with the Shire of Dandaragan to assess the impact of the
additional (heavy) traffic on Agaton Road and proposed strategies (if
appropriate) to deal with the increased traffic. Furthermore, should any road
upgrading and/or maintenance be required as a result of the increased traffic,
then a contribution towards the cost of undertaking those works to the
satisfaction of the Shire of Dandaragan will be at the expense of the
Applicant/Landowner;
14. 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 of Dandaragan;
and
15. Notices indicating the type of operation, hours of operation and potential
impacts of the piggery operation are to be displayed adjacent to the Agaton
Road frontage of the site to the satisfaction of the Shire of Dandaragan. The
notices must state that development approval for the construction of the
Development on the site has been granted.
16. The use and development must be conducted so that it has minimum impact on
the amenity of the area by reason of :
a) Transportation of materials, goods and commodities to and from the premises;
b) Appearance of any buildings, works and materials; and
c) The emission of odour, noise, vibration, dust, wastewater, waste products or
reflected light;
17. The applicant is to provide landscape screening to the
satisfaction of the Shire of Dandaragan. 18. Prior to the commencement of the
development, a landscape plan detailing screening vegetation that is to be
planted shall be submitted to the Shire and approved by the Shire of
Dandaragan;
19. In addition to the disposal of carcasses strategy detailed in the submitted
reports, the applicant is required to carry out the following procedures;
i. large carcasses should be split to minimise bloating;
ii. the pit bases should be at least 2 m above the water table at all times;
iii. pits should be situated on low permeability soils and / or low risk sites;
iv. carcasses need to be well covered with soil, or other suitable material,
each day to avoid scavenging by feral animals and to prevent odour;
v. further clay should be compacted over filled pits;
vi. earth should be mounded over filled pits to promote shedding of stormwater;
vii. The mounds should be grassed over, but trees should not be planted at the
site as the roots allow water to move through the pit.
Advice:
A. Further to this approval, the Applicant may 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.
B. The Department of Health advises that any form of pest control using
pesticides must comply with the Health (Pesticides) Regulations 2011.
C. 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.
D. 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.
E. The applicant be advised this is planning approval only and not a building
permit. A building permit must be obtained for this development.
