Gravel Pit Dandaragan Wind farm

PROPOSED EXTRACTIVE INDUSTRY (GRAVEL) – LOT 3 ROWES ROAD, YATHROO 

Location:  Lot 3 Rowes Road, Yathroo 

Applicant:  JAV Brown & Sons 

Folder Path:  Development Services App / Development Application / 2018 / 48

Disclosure of Interest:  Nil 

Date:  10 September 2018 

Author:  Planning Officer  

Senior Officer:  Executive Manager of    Development Services   

PROPOSAL To consider a development application for an extractive industry (gravel) on Lot 3 Rowes Road, Yathroo (the Site).

BACKGROUND The proposal is to be situated in the north-western portion of the property, which is approximately 26km south-south-east from the Dandaragan town-site, and 11km north-east from Regans Ford. The property comprises a total area of 1039.23ha and is accessed via Rowes Rd to the north and Gillingarra Rd to the south. The Site is part of a broad-acre farming property owned and managed by the proponent for livestock grazing and cropping. 

 The Site contains an existing shallow gravel pit of approximately 2.9ha in area that has been used on an irregular basis for gravel extraction by the Shire for road-making materials. The proposal intends to increase this pit to approximately 46.6ha. It is envisaged the gravel would be used as foundation material for further roadmaking and in other infrastructure projects in the locality such as the wind farms.  

 The proponent intends to enter into a commercial arrangement with a suitably experienced civil construction company / extractive industry operator to further develop the gravel resource, rather than undertake gravel extraction directly.

 The Site is zoned Rural under Local Planning Scheme No. 7 (LPS7), where such a land use is “A”; meaning it is not permitted unless the local government has exercised its discretion by granting development approval after giving special notice in accordance with Clause 64 of the Deemed Provisions of LPS7. 

 Planning assessment guidance of an extractive industry proposal outside the Perth and Peel planning regions is provided by the Western Australian Planning Commission’s Fact Sheet - Basic Raw Materials 2016, which states the following considerations are required to be made for an extractive industry proposal:   

• management of air, water, noise and visual impacts;
• location and stability of excavations, stock piles and overburden dumps;
• amenity of adjacent land uses in the local community; and
• rehabilitation of the land consistent with its long-term future use.

 The Environmental Protection Authority’s Guidance Statement No.3 - Separation Distances between Industrial and Sensitive Land Uses (GS3) is referenced by the fact sheet for a generic, non-definite buffer distance of extractive industries. GS3 is intended to provide an approach to minimise the land use conflict between industry, including rural industries and surrounding sensitive land uses. These buffer distances are not a substitute for taking all necessary measures to contain impacts on-site. GS3 provides a buffer distance of 300-500m between extractive industries and sensitive land uses, depending on the size of the operation, as buffer distances are influenced by: site characteristics; the proposed location of infrastructure; access routes; pits and stockpiles; and the extraction method.

 Appendix 1 of the Shire’s Rural Local Planning Strategy 2012 and
Annexure 7 of the Shire’s Draft Local Planning Strategy 2016
both reinforce the above by the listing like matters to be addressed in assessment of applications for extractive industries. 

 COMMENT The Site is surrounded by other Rural zoned properties, with the nearest residence (currently unoccupied) located 850m west from the property boundary and 950m from the proposed pit. This complies with GS3’s recommended buffer distance of 500m from sensitive land uses. The next adjacent residence is located approximately 2.3km northwest. The proposal will also be visually screened by vegetation from the Rowes Road access point, with 350m being the nearest distance the pit is to be located away from the entry.

 The proposal is subject to comply to with the Environmental Protection (Noise) Regulations 1997 at all times. The extractive industry is not considered to operate at noises above these regulations given: there will be no blasting activities; operations will only operate during normal daytime business hours, Monday to Saturday; only modern low noise operating machinery will be used; and the proposal complies with the recommended buffer distance.  

 Dust is another major amenity concern of the development. Dust management of site activities will be as follows: 
1. Disturbance of topsoil - this poses the major risk of dust generation given the finer particle size within topsoil. To minimise such generation this activity will be confined to the wetter months, April to October, when the topsoil material would be less likely to be transported by wind due to its moisture content. 
2. Excavation and loading of gravel - residual dust particles during this activity is expected to be locally confined to the pit itself, as the relatively coarse particle size of gravel and its sandy soil matrix isn't conducive to long separation transport by wind; and     
3. Transport of gravel - with the offsite transport route being sealed, dust is easily managed in this activity by sufficiently covering truckloads with tarpaulins. The proponent will ensure internal access ways are maintained to a sufficient compact surface level to limit transport dust generation within the Site.

 Given the proposal seeks to increase gravel extraction by 15 times its current size there needs to be the consideration of the impact of the proposal on biodiversity. The proposal is located within the property confides cleared of remnant vegetation with only a small portion of individual trees and scrubs required to be cleared within the extraction footprint; which are exempted from requiring a clearing permit as they are more than 50m from any other native vegetation. The Site is also not considered to contain priority agricultural land. Further to this, there is also limited impact to ground and surface water from the proposal, as outlined in the points below: 

 There is no apparent water runoff/flooding risk of the pit given the well-drained permeable, low gradient and predominantly gravelly soils contained within. 
  There is no risk of stream sedimentation or other adverse impacts of extraction activities on natural drainage systems due to the significant distance to the nearest watercourses (9km to Moore River and 14km to Caren Brook).  
 The site is sufficiently elevated above the water-table to avoid any possibility of evacuation adversely affecting groundwater systems.   
  No acid sulfate soil conditions occur within the property and the physiography and geology are not conducive to the presence of such. 

 In terms of biosecurity, the Department of Primary Industries and Regional Development after consultation has recommended the applicant submits a Weed Management Plan to ensure minimal biosecurity risk for the landowner and the adjoining farms along the transport route. This will be required as a condition of development approval. 

 Traffic management is a concern of the proposed development. The Site access and egress would be via Rowes Road, linking onto Dandaragan Road. These access roads proposed are suitable for the volume of traffic and type of heavy vehicles. This route, between Brand Highway and the entrance to the property is 16km in length, all of which is sealed and in good condition, except for approximately 275m of slip road at the access bend to Rowes Road. 

This slip road access to the property shown in the picture below is of concern, Shire officers have sought advice from Main Roads WA – Wheatbelt Regional Office regarding the following issues:    The entry/exit point is on a sweeping 90 degree bend on Rowes Road.   Vegetation limits sight distance for drivers entering Rowes Road.   With the above in mind, there are concerns that the proposed increased number of heavy vehicles entering and existing site onto Rowes Road may not be able to do so in a safe manner. 

To mitigate these traffic issues the applicant has proposed to install appropriate hazard advice signage and remove some roadside vegetation to improve sightlines. Main Roads WA have indicated that the preferred method to improve safety at the intersection could be the installation of a T junction intersection to Rowes Road to be constructed as detailed in the green aerial image overlay below. This would be similar to the intersection with Rowes Road and Bidgerabbie Road some 9km north of the proposed site, which was installed by the Shire through Blackspot Funding due to similar road safety issues.

 These issues need to be discussed further with Main Roads WA, Shire officers and the proponent to clarify exact conditions of approval prior to operations commencing. This may include the proponent having to undertake a road safe audit and concept design for an approved site access with Rowes Road at the cost of the proponent.

The entrance gate will be appropriately secured and signposted for access from authorised persons only and warning of “Heavy Vehicles in Operation” and “Evacuation in Process”. Site visitors will be required to contact loader drivers by CB Radio or the site manager by mobile, and report to the site office. Internally the access is track is an unsealed all weather surface, which as mentioned previously, the proponent will ensure is maintained year round through its contractual arrangements with a third party operator. 

 The proponent notes the predicted number and size of trucks accessing the site will fluctuate with demand for gravel. If the site is successful in winning the future tender to supply the construction of the wind farms, it is anticipated for an approximate six month period that the Site will have an estimated 30 trucks per day with loads varying from 12 to 48 tonnes. After this period the demand is predicted to fall, with only 2-4 trucks predicted to be realised per day. To ensure sustainable road maintenance upkeep of the proponent’s transport route a condition of approval will ensure a fee of 50cents per estimated tonne transported offsite is paid to the Shire annually. 

 The final consideration of the development is rehabilitation post gravel extraction. A condition of approval will ensure the site is restored to its current broadarce farming use. To reinforce this, the proponent will be required to submit a bond/guarantee or other acceptable form of security to the Shire to be held in trust until rehabilitation is undertaken to the Shire’s satisfaction. To assist in rehabilitation the proponent will stockpile topsoil for respreading and levelling during this final process. Shrubs and trees endemic to the area are also proposed to be scatter planted over the Site. 

 Provided the above, it is considered the proposed use is consistent with the intent of the Rural zone given it enables an ancillary rural activity to co-exist with the predominant broadacre use of the land in a manner that will not impact on the rural character and amenity of the area. Furthermore, given gravel extraction is a temporary use, the land can continue to be used for broadacre farming once the extractive industry operation has ceased. Therefore, the extractive industry application is recommended for approval subject to conditions. 

 CONSULTATION

•   Department of Primary Industries and Regional Development;
•   Department of Mines, Industry Regulation and Safety;
•   Department of Biodiversity, Conservation and Attractions;
•  Department of Planning, Lands and Heritage; 
•  Department of Fire and Emergency Services;
•  Department of Water and Environmental Regulation;  
•  Western Power;
•  Telstra;
•  Main Roads WA; 
•  Surrounding landowners; 
•  Executive Manager Infrastructure; and 
•  Coordinator Infrastructure Services. 

 Submissions and officer responses to such are detailed in the attached Schedule of Submissions. 

 STATUTORY ENVIRONMENT
 Local Planning Scheme No.7
 Extractive Industries Local Law
 Environmental Protection (Noise) Regulations 1997
 Local Government Act 1995

 POLICY IMPLICATIONS  Fact Sheet - Basic Raw Materials 2016  State Planning Policy 2.5 - Rural Planning 2016  Guidance Statement No.3 - Separation Distances between Industrial and Sensitive Land Uses 2005

 FINANCIAL IMPLICATIONS The applicant has paid the required planning application fee of $739.00. If Council approves the development application, the applicant will be required to pay a further $500.00 for an extractive industry licence, with an annual licence renewal fee of $300.00, given the pit is greater than the 5ha fee threshold. 

 As discussed previously, the applicant will be required as a condition of the licence to pay the Shire an annual road maintenance contribution fee of 50 cents per tonne transport off site. Given this fee is not listed in the Shire of Dandaragan’s 2018/2019 fee and charges the fee will be advertised for a period of 35 days in accordance with Section 6.19 of the Local Government Act 1995.  

 STRATEGIC IMPLICATIONS
 Rural Local Planning Strategy 2012 
 Draft Local Planning Strategy 2016
 2016 – 2026 Strategic Community Plan:

GOAL 1: Great Place for Residential and Business Development Objectives How the Shire will contribute 
1.2    Ensure effective and efficient development and building services 
a)  Process development applications and undertake building regulation functions and services 

Goal 5: Proactive and Leading local Government Objectives How the Shire will contribute 
5.6    Implement sound corporate governance and risk management 
h) Maintain and implement up to date policies and procedures (including delegations) 

ATTACHMENTS Circulated with the agenda are the following Items relevant to this report:
 Development Application (Doc ID: 115366)
 Schedule of Submissions (Doc ID: 117729)
 Additional Rowes Road Access Photos (Doc ID: 118330)  (Marked 9.3.2) 

OFFICER RECOMMENDATION  That Council grant development approval and an Extractive Industry Licence for period of ten (10) years from the date of this approval for an Extractive Industry (Gravel) on Lot 3 Rowes Road, Yathroo subject to the following conditions and advice:
1. All development shall be in accordance with the attached approved plans and specifications dated 27 September 2018 subject to any modifications required as a consequence of any conditions of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Shire.
2. Hours of operation shall be limited to 6.30am to 5:30pm Monday to Saturday. 
3. No extraction activities are to operate on Sunday and Public Holidays.
4. Maximum depth of excavation shall be to an average of 2.5m below natural ground level.
5. Topsoil from the excavated areas shall be stockpiled and used where applicable in the rehabilitation process. 
6. No sales by wholesale or retail shall be undertaken from the site.
7. All vehicles’ loads entering and exiting the site shall be fully covered and secured prior to and upon leaving the site to prevent spread of material. 
8. Excavation for the Extractive Industry shall not occur within the following areas: 
a) 20 metres of the boundary of any land on which the excavation site is located; 
b) 20 metres of any land affected by a registered grant of easement; 
c) 40 metres of any thoroughfare; or 
d) 40 metres of any watercourse. 
9. Any storage of fuels or refuelling on site is to be located on a designated hardstand area location to the satisfaction of the Shire. 
10. Any fuel leakages or spills are to be cleaned up within 24 hours. 
11. The development must comply with the Environmental Protection (Noise) Regulations 1997 at all times. 
12. Prior to the commencement of development, the proponent must submit and have approved by the Shire a Weed Management Plan. 
13. Prior to the commencement of development, the proponent must undertake further discussions with the Shire and Main Roads WA to develop and implement an approved traffic management plan, for when truck >5 per day for site access with Rowes Road. 
14. A report detailing excavation activities and tonnages of material transported from the Extractive Industry site for the financial year period ending 30th June is to be submitted to the Shire by 31st July each year.  
15. The licensee shall pay an annual road maintenance contribution for the lifetime of the operation of $0.50 per estimated tonnage of material transported off-site. This fee will be advertised for a period of 35 days in accordance with section 6.19 of the Local Government Act 1995 prior to being charged.
16. Payment of the road maintenance contribution shall be made in advance, with the first payment due upon the commencement of operations. Thereafter, payment may be made on a quarterly basis. Advance payments made through the year shall be reconciled against the actual activities and additional payments shall be sought or credited as appropriate. 
17. Rehabilitation: 
a) Prior to the commencement of development a guarantee/bond or other acceptable form of security shall be lodged with or paid to the Shire for a sum of $10,000. To be returned to the licensee upon successful rehabilitation of the site, to the satisfaction of the Shire.
b) Upon decommissioning of the evacuation area, rehabilitation shall take place in accordance with the approved plan, or as otherwise stipulated.    
c) Any amendments or variations to the rehabilitation shall be approved in writing by the Shire within three months of the commencement of such operations. 
d) Materials imported for rehabilitation or other purposes shall be certified free of dieback or other plant diseases.

 Advice to applicant:
1. This approval is valid for a period of two (2) years. If the development has not substantially commenced within this period the approval will lapse and be of no further affect.
2. The applicant is advised that the Extractive Industry may require registration or a licence as a “Prescribed Premise” from the Department of Water and Environmental Regulating under Part V of the Environmental Protection Act 1986 and Schedule 1 of the Environmental Protection Regulations 1987 if it falls into one of the following categories: 
a) Category 12: Licensing is required if the material is screened, washed, crushed, ground, milled, sized or separated and more than 50,000 tonnes is processed per annum. 
b) Category 70: Registration is required if the material is screened, washed, crushed, ground, milled, sized or separated and more than 500 tonnes per annum but less than 50,000 tonnes per annum is processed. 
3. The applicant be advised that “should you be aggrieved by this decision, or any conditions imposed, there is a Right of Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of this decision to:
The State Administrative Tribunal GPO Box U1991 PERTH   WA   6845”

Free Range Poultry Farm

Proposed Free Range Poultry Farm – Lot 3751 Munbinea Road Hill River

Location: Lot 3751 Munbinea Road, Hill River

Applicant: AAA Egg Company Pty Ltd

Development Services Apps / Development

Date: 8 February 2018

PROPOSAL

The proponent is seeking planning approval for a free range

poultry farm located on Lot 3751 on the corner of Munbinea and

Cervantes Roads, Hill River.

BACKGROUND

Lot 3751 Munbinea Road (1939ha) has recently been subdivided

into two lots of approximately 1668.8ha and 270.2ha respectively.

The applicant proposes the egg farm development for the smaller

lot of 270.2ha (future lot 42), which is majority cleared of native

vegetation and of minuscule topography. The proponent outlines

this development has essentially the same design features as the

egg farm at Lot 25 Munbinea Road (approximately 2km northwest)

approved by Council in July 2017. AAA Egg Company Pty Ltd also

applied for a third egg farm at Lot 4 Mimegarra Road, Cataby. This

egg farm was recommended by Council to be approved by the

Wheatbelt JDAP in August 2014, however AAA Egg Company

withdraw their application before the JDAP Hearing due to further

environmental findings of the site.

The proponent intends to situate the egg farm in the middle of the

property with the nearest laying shed to any boundary being 200m

from Cervantes Road. No other boundary setbacks are given on

the site plan.

The proposal consists of:

·       12x egg laying sheds approximately 100m x 22.4m

·       2x 250m2 managers residences

·       50m x 7.5m workers accommodation and kitchen

·       16m x 26m office, cool-room and staff amenities

·       38m x 10m workshop and machinery shed

·       2x water tanks

·       8m x 6m gen shed

·       40m x 12m fodder shed

The maximum number of laying hens on site will be 360,000,

30,000 per shed.

The objective for ‘Rural’ zoned land in Local Planning Scheme

no.7 is:

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 Area where Council will have due regard to the

potential impact on groundwater quality.

The proponent’s newly subdivided property is located outside the

northwest border of a Department of Water and Environmental

Regulation’s Priority 2 Public Drinking Water Source Area

(Cervantes Water Reserve) and approximately 16km from the

Water Corporation’s production bores.

The proponent’s property is however located in the predicative

Bassendean Precinct Special Control Area of Scheme. Whereby,

the Scheme states the following:

5.2 Bassendean Precinct Special Control Area

The Bassendean Precinct Area is an important environmental unit

in the central coast region. The area comprises deep porous

sands that are hydrologically connected to a number of wetlands

in the area. The area is noted as a significant area of internal

drainage which is particularly vulnerable to the use of fertilizers.

Purpose of the Special Control Area

1. To preserve the ecological values of the Bassendean Precinct

and interrelated wetlands.

2. To avoid development and land uses which would negatively

impact on the environmental values of the area.

3. To ensure that future land use in the area, including agriculture,

mining and recreational activities does not degrade the area.

4. To ensure that any development takes place in such a manner

so as to safeguard the environmental values of the area.

Relevant Considerations

In considering any rezoning request, subdivision or development

application the Local government will have regard to the following:

 Development applications for land within the Bassendean

Precinct should not be approved where the development may

result in an increase of nutrient release into the soil. The

impacts of proposals for aquaculture, commercial tree

plantations, earthworks (such as filling and excavation) and

intensive agriculture will be carefully assessed.

Local strategic planning guidance is given in the Shire’s Local

Planning Strategy - Rural Land Use and Settlement 2012:

8.1.2 Intensive Agriculture

The Council may refuse an application for planning consent where

in its opinion the proposed development will:

1. adversely affect the rural landscape;

2. adversely impact upon the agricultural use of the land and

adjoining/nearby areas;

3. cause detrimental environmental impacts;

4. result in unacceptable fire management risk;

5. place unacceptable servicing requirements which have not

been appropriately addressed by the applicant;

6. seek to ensure the impacts of the proposed use/development

can be adequately contained on the application site; and

7. in the opinion of the Council will result in an undesirable

planning outcome and will be contrary to the orderly and proper

planning of the locality.

Avoiding Landuse Conflict

Intensive animal industries such as feedlots, some horticultural

activities and piggeries have the potential for detrimental impacts

of water pollution, noise, dust, odour and possible soil erosion.

Location of these uses therefore requires careful consideration by

the Council in order to avoid environmental degradation and land

use conflict.

Department of Environment and Conservation (DWER*) guidelines

in relation to buffers to minimize land use conflicts between rural

industries and residential areas are summarised in Table 7. These

buffer distances should be considered as a starting point for

planning purposes and not the sole means of minimising the risk

of land use conflict.

Table 7: DEC recommended buffer distances between Rural

Industries and Residential areas*

INDUSTRY                                   BUFFER DISTANCE (metres)

Poultry industry                            500

Conflict can also occur between various forms of agricultural land

use and for many agricultural practices it is not feasible to contain

impacts within lot boundaries.

Greater awareness of, and adherence to, relevant Codes of

Practice for other agricultural land use activities can also help to

minimise land use conflict as well as off-site environmental

impacts.

Further local strategic planning guidance is given the Shire’s Draft

Local Planning Strategy 2016 (this strategy will supersede Local

Planning Strategy - Rural Land Use and Settlement 2012):

5.3.4 Avoiding land use conflict

Guidance for separation distances between Industrial land and

sensitive land uses is provided by the Environmental Protection

Authority. (EPA: Guidance for the Assessment of Environmental

Factors No. 3, June 2005). These generic separation distances

and buffer areas have been developed to complement and assist

the implementation of the SPP 4.1, State Industrial Buffer Policy. It

is intended to provide an approach to minimise the land use

conflict between industry, including rural industries and

surrounding sensitive land uses. These buffer distances are not a

substitute for taking all necessary measures to contain impacts onsite.

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.

5.3.9 Accommodation for farm workers

As the agricultural activities diversify, costs increase for travel and

local circumstances change, there is a growing interest in

providing on-site accommodation for managers and full time, part

time and seasonal workers working on the property.

In principle, the shire supports the use of workers’ accommodation

on or near the properties on which they work subject to each

application being assessed on it’s the individual merits. When

considering application for farm workers accommodation on rural

land Council will take the following mattes into consideration:

·       suitable access to the property being provided;

·       the availability of services and infrastructures;

·       the management of potential adverse impacts and land use

conflict;

·       a preference to cluster similar uses on the property, and

·       the inclusion of conditions in the approval to prevent workers

accommodation being used as justification for a future

subdivision.

COMMENT

The following is comments on the major concerns of the proposed

poultry farm.

Services and Infrastructure

·       Cervantes and Munbinea Roads are sealed roads and provide good access to the site.

·       The applicant is advised to liaise with Western Power to ensure

there is sufficient power available to the site.

Land Capability

·       The applicant has advised that from a desktop study and site

visit the evaluation results indicate the site would be suitable for

its intended purpose of a free range egg production farm (see

attached Environmental Assessment).

Vehicle Access Requirements

·       A traffic management plan will be implemented to maintain and

enhance internal vehicle access areas and minimise the

potential for traffic conflict and generation of unreasonable

offsite noise or dust.

·       A dust management plan will also be implemented to minimise

dust generation with the potential for off-site impact.

Ground and Surface Water

·       The Department of Water and Environmental Regulation

(DWER) were consulted for comment on the proposal and

provided the following feedback on this matter:

The submitted proposal did not include any detailed information

regarding soil and water management during the construction of

the development. Particular attention should be paid to potential

weather effects on range areas that may impact on poultry, soil or

water resources including:

·       Free to range enclosures should be sited where the ground

surface is at least three metres above the water table to reduce

the risk of flooding. Where soils have low permeability,

floodwaters may transport nutrients from manure into wetlands.

·       A site where open areas of standing water may occur should be

avoided as wild birds may be attracted, exposing poultry to an

increased risk of disease.

·       A suitable area should be provided to allow roaming birds to

forage without causing significant soil damage, nutrient leaching

or loss of contaminant filtering vegetation to property

boundaries, waterways and water bodies.

It is recommended that should the development be approved that

conditions are enforced requiring the following plans to be

developed in consultation with the Department of Water and

Environmental Regulation (Regulatory Services (Water)):

·        Assessment of the wetland areas located on the property with

appropriate buffers and fringing vegetation defined.

·       Soil and Water Management Plan.

·       Stormwater Management Plan prepared in accordance with the

·       Stormwater Management Manual for Western Australia.

It is also recommended that any wastewater treatment and

disposal systems for the manager’s houses and/or donga

accommodation be designed in accordance with the Water Quality

Protection Note No. 70 – Wastewater treatment and disposal –

domestic systems.

Service Water

·       The applicant is liaising with DWER to gain permission to use

ground and surface water. It is believed there will be sufficient

quality and quantity of bore water to service the industry.

Remnant Vegetation and Wetland Protection Requirements

·       The site is largely cleared of original vegetation; however an

area of remnant banksia wood in the central part against

Cervantes Road and an uncleared wetland area in the north

west of the property exist. The proposed development is

located away from both these land characteristics.

Land Use Conflict

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

·       The use will not sterilise land with potential for urban expansion or other long term land needs as there is unlikely to be any urban expansion in the vicinity.

·       There are no sensitive adjoining land uses.

·       The proposed development will form a uniform group with AAA Egg Company’s first site located approximately 2km northwest at Lot 25 Munbinea Road.

·       The development should not significantly detract from any scenic landscape and/or conservation attributes identified in the locality as the proposal is approximately 11km from Indian Ocean Drive.

·       Tronox request that the proximity of valuable mineral resources and possible future mining activities be communicated to the proponent.

Buffers with Adjacent Uses

·       As there are no existing dwellings or other sensitive land uses within 1000m of the site the application complies with both local and State buffer distance standards.

·       Further to Table 7 from the Shire’s Local Rural Planning Strategy illustrated above the Department of Primary Industries and Regional Development (DPIRD) have advised that there is a required minimum distance of 1000m required between any other poultry farm sheds. The proposed poultry farm complies with this requirement as the poultry farm will be located approximately 2km from the proponent’s other operating poultry farm in the Hill River region.

·       The proposed development will also 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.

Safety, Health and Amenity of the Locality

·       Given the site management protocols, separation distances

from existing dwellings and the very unlikely development of

urban land within the vicinity of the proposal, there are no

adverse impacts on nearby residents.

·       An advice note is provided to applicant to advise 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.

Size and Timing of the Operation

The applicant has advised the following:

·       The operation of a poultry farm is 24 hours a day, 7 days a

week commitment, however the applicant has stated standard

hours of operation for regular activity will be from 6am to 8pm

Monday to Sunday.

·       120m3 of manure is produced weekly.

·       Each poultry shed is depopulated approximately every 5.25

weeks creating 60tons of carcasses (11.43tons weekly).

·       General waste is approximately 2 to 3m3 per month.

Waste Disposal

·       A waste and manure management plan will ensure best

industry practices are implemented to ensure offsite impacts

are minimised.

·       Manure moisture levels are monitored and will be kept below

the level known by the farm managers to cause odour.

·       Manure from the poultry sheds will not be spread on the

property.

·       Manure will be removed from the poultry sheds twice weekly via

conveyor belts to waiting trucks who will remove the waste

offsite for further processing, reuse or disposal.

·       Normal mortality of birds will be collected daily or more

frequently if required. The disposal of such will also occur daily

either through refrigeration, composter or other approved

methods of disposal.

Conditions of approval will ensure all waste is disposed correctly

and safely and any adverse impacts of the waste to the

environment are minimised and are not simply transported

elsewhere. Conditions of approval will ensure all waste

transported offsite for:

·       further processing and/or reuse shall be to the standards stated

in the Environmental Guidelines for the Australian Egg Industry;

and

·       disposal is to a Department of Water and Environmental

Regulation Licensed Controlled Waste Facility under Part V of

the Environmental Protection Act 1986. However this is only

applicable to waste facilities which receive in excess of 1,000

tonnes annually under Schedule 1 of the Environmental

Protection Regulations 1987.

The Department of Primary Industries and Regional Development

on consultation requested further information from the proponent

to make a comment on the proposal. In response to this Terry

Woodard, the Director of AAA Egg Company stated the following:

As submitted, we are proposing to build 12 x 30,000 bird

controlled environment, free-range poultry sheds that are the latest

technology equipment from Big Dutchman in Europe who are

global leaders in poultry housing systems.

The sheds design, equipment and construction will allow the hens

to spend up to 8 hours per day free ranging on reticulated

paddocks, the balance of the hens time will be spent inside the

shed where they will drink, feed, lay eggs and roam in the

controlled environment. The specifics of the daily life of the hens

meet or exceed the current Poultry Code of Practice 4th Edition as

well as the proposed Australian Animal Welfare Standards and

Guidelines for Poultry currently being reviewed.

AAA Egg Company is the leading producer of both cage and free

range eggs in Western Australia and operate multiple free range

sites in WA that strictly follow HACCP principals of food safety that

are incorporated into our QA systems to comply or exceed the

minimum standards identified by the various codes. We strongly

support the Standards and Guidelines for Poultry review becoming

mandatory legislation nationally to further strengthen the

requirements of egg producers.

Our farm managers are trained in HACCP based Quality

Assurance systems that are practical, effective and provide for

ongoing improvement via review and action methodologies.

We verify these systems through senior staff (including Livestock,

Operations and Quality Assurance managers) who are Certificate

IV in Training and Assessment to carry out ongoing internal

training and verification of our QA system.

Environmental Standards

Each of our sites including the Proposed Site No 2. Hill River

Poultry Farm are bound by a site specific environmental code of

practice to ensure we meet or exceed the standards (these can be

found in the attached documentation).

The environmental assessment report written in consultation with

Dr Peter Keating from Bio Science is derived from the relevant

local, state and national environmental standards (these can be

found in the attached documentation).

Given the above information it is the Officer’s view that if the site is

well managed to the protocols listed, there will be minimal impact

to neighbouring properties and the environment and is therefore

supported with conditions.

CONSULTATION

·       Department of Primary Industries & Regional Development;

·       Department of Water & Environment Regulation;

·       Department of Biodiversity, Conservation and Attractions;

·       Department of Fire and Emergency Services;

·       Local newspapers;

·       Surrounding land owners; and

·       Shire Officers.

STATUTORY ENVIRONMENT

·       Local Planning Scheme No 7

·       Environmental Protection Act 1986

·       Environmental Protection Regulations 1987

POLICY IMPLICATIONS

·       SPP 2.5 – Rural Planning Guidelines

·       SPP 2.9 – Water Resources

·       WAPC Fact Sheet – Poultry Farms

·       Environmental Code of Practice for Poultry Farms in Western Australia

·       Environmental Guidelines for the Australian Egg Industry

·       Poultry Code of Practice 4th Edition

·       Australian Animal Welfare Standards and Guidelines for Poultry

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

FINANCIAL IMPLICATIONS

The proponent has paid a fee of $17,553 for the planning

STRATEGIC IMPLICATIONS

·       Local Planning Strategy - Rural Land Use and Settlement 2012

·       Draft Local Planning Strategy 2016

·       2016 – 2026 Strategic Community Plan

Goal 1: Great Place for Residential and Business Development

Goal 2: Healthy, Safe and Active Community

Goal 5: Proactive and Leading Local Government

ATTACHMENTS

Circulated with the agenda are the following items relevant to this

report:

·       Subdivision Plan (Doc Id: 107611)

·       Site Plan (Doc Id: 107597)

·       Environmental Assessment (Doc Id: 107599)

·       Environmental Management Plan (Doc Id: 107596)

·       Schedule of Submissions (Doc Id: 107602)

(Marked 9.4.5)

VOTING REQUIREMENT

Simple majority

Egg Farm Application Dandaragan Shire

OFFICER RECOMMENDATION

That Council approve the planning application for a proposed

Free Range Poultry Farm on Lot 3751 Munbinea Road, Hill

River to AAA Egg Company subject to 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.

2. This Approval is for an Animal Husbandry - Intensive

(Free Range Poultry Farm) only.

3. The use and development must be substantially

commenced within 3 years of the date of this approval.

4. 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) and the Environmental Guidelines for the

Australian Egg Industry (June 2008).

5. The maximum number of laying hens shall be 360,000.

6. Crossovers, access and egress to the subject site from

Munbinea 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.

7. 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.

8. The use and development must be conducted so that it

has minimum impact on the amenity of the area by reason

of:

I.                Transportation of materials, goods and commodities

to and from the premises;

II.              Appearance of any buildings, works and materials;

and

III.             The emission of noise, odour, vibration, dust,

wastewater, waste products or reflected light.

9. The applicant is to carry out of each of the elements of the

Environmental Management Plan including the audit

protocol set out within the Environmental Management

Plan.

10. Prior to the commencement of the development, an

amended Soil and Water Management Plan shall be

submitted to the Shire and approved by the Chief

Executive Officer.

11. Prior to the commencement of the development, a

Stormwater Management Plan prepared in accordance

with the Stormwater Management Manual for Western

Australia shall be submitted to the Shire and approved by

the Chief Executive Officer.

12. Prior to the commencement of the development, an

assessment of the wetland areas located on the property

with appropriate buffers and fringing vegetation defined

shall be submitted to the Shire and approved by the Chief

Executive Officer.

13. All waste transported offsite for further processing and/or

reuse shall be to the protocols of the Environmental

Guidelines for the Australian Egg Industry (June 2008).

14. All waste transported offsite for disposal shall be to a

Department of Water and Environmental Regulation

Licensed Controlled Waste facility under Part V of the

Environmental Protection Act 1986. This condition is not

applicable to facilities which receive less than 1,000

tonnes of waste annually under Schedule 1 of the

Environmental Protection Regulations 1987.

15. In the event of any adverse environmental conditions

caused by the proponent, the Chief Executive Officer may

impose conditions to rectify and remediate the

environment by and at the cost to the proponent.

Advice Notes:

Note 1: 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.

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.

Department of Water and Environmental Regulation Advice

Notes:

·       Free to range enclosures should be sited where the ground

surface is at least three metres above the water table to

reduce the risk of flooding. Where soils have low

permeability, floodwaters may transport nutrients from

manure into wetlands.

·       A site where open areas of standing water may occur

should be avoided as wild birds may be attracted, exposing

poultry to an increased risk of disease.

·       A suitable area should be provided to allow roaming birds

to forage without causing significant soil damage, nutrient

leaching or loss of contaminant filtering vegetation to

property boundaries, waterways and water bodies.

·       Any wastewater treatment and disposal systems for the

manager’s houses and/or donga accommodation be

designed in accordance with the Water Quality Protection

Note No. 70 – Wastewater treatment and disposal –

domestic systems.

Western Power Advice Notes:

The applicant is to be made aware that before commencing

any work it is essential that they complete a Dial Before You

Dig enquiry to obtain the location and voltage of the Western

Power network.

Mining Advice Notes:

Tronox request that the proximity of valuable mineral

resources and future mining activities be accounted for in the

assessment of this development and communicated to the

proponent. If approved, the development must be undertaken

with the knowledge of being located adjacent to future mining

and mineral haulage activities, and the associated

interactions that will arise.

Redgum Village Dandaragan