3.2 PROPOSED TRANSPORT DEPOT - LOT 121 (NO. 3241) GREAT … · 2016. 5. 11. · (BTRS) and the strategy designates the subject lot as Rural 1" "General precinct where the proposed

Ordinary Meeting of Council 18 March 2009

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3.2 PROPOSED TRANSPORT DEPOT - LOT 121 (NO. 3241) GREAT NORTHERN HIGHWAY, BULLSBROOK

(North) (Development Services)

KEY ISSUES

• The applicant is seeking Council approval to establish a livestock transport depot on the subject lot. The proposed livestock transport depot is to be located on the north-east portion of the property where a horse arena is currently located and it includes a truck wash facility, refuelling area, workshop and body building facilities incorporating their own offices.

• The proposal will involve an average of 20 trucks and 60 passenger vehicle movements per day.

• Existing development on the subject lot consists of a residence, outbuildings, horse stables and paddocks, and horse arena. All existing development, apart from the horse arena, is to be retained.

• The subject lot is currently zoned "General Rural" under the City's Local Planning Scheme No.17. A "Transport Depot" is a discretionary use (D use) which requires special permission from Council for its approval.

• The proposed development has been advertised to adjoining and nearby land owners located within a 200 metre radius of the subject lot. At the end of the advertising period eight submissions were received, of which only one respondent objected to the proposed development. The objector's main concern related to increased traffic, environmental impact, dust, noise and weed problems that may result due to the approval of the transport depot on the subject lot.

• The proposed development was referred to Main Roads WA (MRWA), Western Australian Planning Commission (WAPC) (as owners of Lot 120), Department of Water (DoW), Advance Bullsbrook and Surrounding Districts Working Group, Ellen Brockman Integrated Catchment and Swan River Trust. Comments from the above bodies will be presented in the referral section of the report.

• The proposed development was referred to the City's Engineering Services for comment. They consider that the revised stormwater management plan has incorporated all the amendments required and it is thereby accepted as satisfactory.

• The subject lot is situated within the Bullsbrook Townsite and Rural Strategy (BTRS) and the strategy designates the subject lot as "General Rural 1" precinct where the proposed transport depot is considered an undesirable use. However, the City's Local Planning Scheme No.17 classifies Transport Depot as a discretionary use (D use) in the General Rural zone. This means that the proposed use can be assessed on its merit.

• It is noted that the State Administrative Tribunal in its review of a refusal for a


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transport depot in Railway Parade, Bullsbrook took cognisance of the BTRS but formed the view that implementation of Transport Precinct in the BTRS area would take some time and therefore it is considered unreasonable at this stage to merely refuse and not consider the merit of the proposal. The review was upheld.

• The proposed transport depot is considered to have minimal impact on the environment and amenity of the locality if it is undertaken in an environmentally sensitive manner as indicated in the "Stormwater Management Plan" and "Traffic Management Analysis" submitted by the applicant.

• The proposal is considered to provide a valuable service to the surrounding rural area.

It is recommended that approval be granted subject to appropriate conditions.

AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse to approve an application. If the applicant is aggrieved with the decision of the Council, or any of the conditions imposed, a right of appeal may exist with the State Administrative Tribunal (SAT) in accordance with Part 14 of the planning & Development Act 2005, within 28 days of Council's decision.

BACKGROUND

Applicant: Statewest Surveying & Planning Owner: Road Trains of Australia Pty Ltd Zoning: TPS - General Rural MRS - Rural Strategy/Policy: Bullsbrook Townsite 7 Rural Strategy 2008 Development Scheme: Local Planning Scheme No.17 Existing Land Use: Residence, Outbuildings, horse stables and paddocks

and horse arena Lot Size: 19.8009m2 Area: Two 50x20m green colourbond shed; each shed will

have an additional office of 150m2 Use Class: Transport Depot (D use)

DETAILS OF THE PROPOSAL

The applicant is seeking Council's approval to use the subject lot as a livestock transport depot to park 20 livestock transport trucks (including B-double and road-train vehicles).

The livestock transport depot is to be located on the north-east portion of the subject lot where a horse arena is currently located. Details of the proposal are as follows:


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• Two 50x20 metre green colourbond sheds are to serve as a workshop and body building facilities;

• A truck wash facility (8x20m concrete wash down bay);

• Re-fuelling Area (a 50,000litre self bunded fuel tank);

• Detention basin measuring 150x20m and 0.9 metres deep;

• 32 car parking bays to accommodate the private vehicles of truck drivers, plus those of workshop / office staff and visitors; and

• Provision of 10 specific parking bays for livestock transport truck combinations, including B-double and road-train vehicles.

DESCRIPTION OF SITE

The site is situated approximately 7 km north of Bullsbrook on the western side of the Great Northern Highway, immediately south of the junction of Wandena Road. Vehicle access to the subject lot from Great Northern Highway is via a sealed driveway at the southern end of the Highway frontage.

The majority of the site is relatively flat with a slight gradient towards a small stream in the north-western corner of the property. This stream runs approximately parallel with the northern boundary of the subject lot and is a tributary to the Ellen Brook watercourse located 1.5 km to the west of the property. The area approximately 400 metres downstream of the site is classified as a "BushForever" site and contains Conservation Category Wetlands. The subject lot is covered with long grass with some scattered trees near the boundary.

The subject lot is currently being used for typical rural residential and equestrian uses. Existing facilities on-site include a residence, swimming pool, horse stables and paddocks, and a horse training track.

SITE HISTORY/PREVIOUS APPROVALS

There are no current planning approvals on the subject lot.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

A transport depot application on Lot 61 Railway Parade, Bullsbrook was refused by Council on 19 March 2008. The decision of Council was the subject of a SAT review which was upheld.


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APPLICANT'S SUBMISSION

• An employment node has been identified in the North-East Corridor Strategy for Muchea which is expected to employ some 5,600 people with another 4,400 jobs expected to be created elsewhere within the North-East Corridor Extension area. The site is intended to provide a general industrial employment area of approximately of 550 hectares. The subject lot is well placed to service the livestock transport needs of the farming community in the region and the livestock sale yards that are planned to be relocated from Midland to Muchea.

• The Perth-Darwin Highway route alignment through Bullsbrook has been progressed and a recommended route to the west of the subject lot. The southern portion of this alignment is within the City of Swan and Shire of Chittering but remains west of the Great Northern Highway as it heads north. The subject lot is close to, but south west of, the route alignment and would therefore have excellent connectivity to the Perth-Darwin Highway when constructed.

• Vehicle access to the property from Great Northern Highway is via existing crossover and unsealed driveway at the southern end of the highway frontage. The existing crossover will be widened to 11 metres and be sealed from the road pavement to the property boundary to allow for the turning movements of road trains. This will ensure a safe all-weather access is available to the property by minimising potential damage to the crossover created by the mass and turning movements of the transport vehicles. It will also minimise the likelihood of gravel being carried out onto the highway which could create stability problems for vehicles, in particular motorcyclists.

• It is proposed to seal some 20 metres inside the property such that some 54 metres of seal is to be provided from the edge of Great Northern Highway and this is considered to provide an adequate sealed section to accommodate a 40m road train well clear of the Highway (Proposed Layout attached).

• The trucks will attend the subject lot briefly and intermittently at different times. They are to transport livestock from sources off site to destinations off site. The trucks will not be out of the road the majority of the time and often at other Hampton Transport Depots such as Geraldton and Katanning.

• The workshop building is intended for use in the servicing and maintenance of prime movers and trailers and is to include two inspection pits, a lubrication station, and storage areas for parts, equipment and a lubricant store. The floor area of workshop is to be reinforced concrete with a central grated drain. The storage area for the oils, greases and other workshop fluids is to be bunded to ensure that any spillages are completely contained with the lubricant store area for easy clean-up and disposal.

• Activities within the body-building shop are to be restricted to the repair of damaged vehicles, trailers and related components. The floor area of the body building shop is to be reinforced concrete with a central grated drain.

• Although any vehicle wash-down activities are to be strictly undertaken in the nominated truck wash area, it is likely that the floor areas within the workshop and body-building buildings will be hosed down from time to time and that this wash water will pick up some oil and grease from the floor surfaces. To accommodate this, the central drains are to be connected to a plate – based oil-water separator to remove any hydrocarbons and enable their safe collection for disposal off site.


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At this stage, it is intended that water which has passed through the plate separator would then be directed to the wastewater treatment area within the truck wash adjacent for re-use within this facility.

• The workshop and the body building shop will be provided with awnings to prevent rain from entering inside and the sealed outside pavement areas are to be graded to direct stormwater runoff away from the buildings and towards the drainage swales around the perimeter of the site.

• A truck wash facility is to be provided in the western part of the site adjacent to the body-building shop and will be used for the wash down of trucks and trailers prior to maintenance work and repairs being carried out. It should be noted that all trailer washing activities, including removal of animal droppings, is to take place off-site and that the proposed on-site facility will focus on removal of road grime and accumulated grease and oil from underbody areas, external surfaces and engine parts. At this stage, it is anticipated that the facility will be required to process up to eight trucks or trailers per week.

• All wash down activities will be contained within a reinforced concrete apron area, with surface grades provided to direct wash water to special collection sumps. The apron area is to extend out beyond the washing region to help ensure the majority of remnant wash water from the trucks and trailers is captured as the vehicle leaves the truck wash facility.

• A roof is to be provided over the entire facility to prevent stormwater mixing in with wash water and potentially over loading the treatment system. It is proposed that rainwater collected from this roof is directed to a storage tank located adjacent to the plant and used to top-up the wash water as required.

• A single, above ground diesel storage tank with a capacity of 50,000 litres is to be provided along with a single high flow nozzle and metre. In recognition of the stringent environmental requirements associated with this site, the tank is to be fully self-bunded to capture any accidental fuel spillages or leaks from the tanks or associated dispensing equipment.

• The re-fuelling of vehicles will take place on reinforced concrete apron adjacent to the fuel storage area. This slab is to incorporate surface grades to direct any fuel spillages occurring during the dispensing process towards a collection sump located in the central part of the slab. The sump is to comprise a sealed well liner measuring 1.2 m in diameter by 1.8 m in depth, providing an emergency storage capacity of 2000 litres and will be pumped out periodically and following any significant spillages. A roof is to be provided over the compound to prevent rainwater from entering the hardstand area. This will ensure that the collection sump remains available for the storage of fuel spills and does not inadvertently fill up with stormwater.

PUBLIC CONSULTATION

The proposal was advertised to adjoining and nearby residents within a radius of 200 metres of the subject lot. At the end of the advertising period eight (8) submissions were received of which seven (7) respondents have supported and one (1) resident objected to the proposed development. The objector has questioned the compatibility of the proposed use in the General Rural zone and is concerned that the approval of


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this development in the locality may result in increased of local traffic, dust and noise and the introduction of weeds. The objector also considers that the proposal may have a negative impact on the BushForever site and ground and surface water in the locality. The issues raised by the objector will be dealt with in detail in the report section of this Council Report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Western Australian Planning Commission (WAPC)

The application was referred to the WAPC for comment as the subject lot abuts Lot 120 which is owned by the WA Planning Commission. The Commission has inspected the proposal and has no objection to the proposed development subject to there being no impediment to the existing easement. The Commission also advised that Main Roads WA (MRWA) comment should be sought in relation to this proposal as the subject lot abuts Great Northern Highway, which is reserved as a Category 2 Primary Regional Road (PRR) in the Metropolitan Regional Scheme (MRS) under the responsibilities of MRWA.

Main Roads WA (MRWA)

Main Roads WA has accepted the proposed transport depot subject to the following conditions being imposed:

1. No earthworks shall encroach onto the Great Northern Highway road reserve.

2. No stormwater drainage shall be discharged onto the Great Northern Highway reserve.

3. The applicant shall make good any damage to the existing verge vegetation within the Great Northern Highway reservation.

4. Redundant driveways shall be removed and the verge and its vegetation made good at the applicant's cost.

5. A right turn pocket will be required to accommodate vehicles turning into the development as they approach from the north. The developer shall be responsible for all costs involved in the design and construction of the right turn pocket. This includes signing, road markings and Main Roads costs involved in the in the checking of the design and construction drawings, including site inspections.

6. Main Roads approval for the construction drawings is required before any work is undertaken within the Great Northern Highway reservation. A detail of traffic management and safety while working within the road reservation is to be submitted as part of this approval

Advice to Applicant

1. All enquiries related to conditions 1-3 shall be directed to the Metropolitan Region-Asset Manger

2. All enquiries related to conditions 5&6 shall be directed to the Traffic Services Manager – North.


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Department of Water (DOW)

The Department of Water (DoW) has considered the proposal and recommended the following conditions and advice:

Conditions

• A vegetated buffer based on a biophysical assessment, is to be maintained adjacent to the mapped waterways and fenced to exclude livestock where appropriate.

Advice

• The DoW recommends the maintenance of a vegetated buffer adjacent to waterways to prevent erosion and to maintain habitat. State Planning Policy 2.9 Water Resources recommends the determination of appropriate buffering for waterways based on a site specific assessment. For more information refer to the D0W Foreshore Policy 1 – Identifying the foreshore area and River Restoration Manual RR16 Determining Foreshore Reserves available at www.water.wa.gov.au.

• Vehicle service areas should be managed in accordance with DoW guidelines on industrial activities. For guidance on the best practice management of wash down facilities and mechanical workshop facilities, the applicant is referred to the DoW's WQPN Mechanical Equipment Wash Down and Mechanical Servicing and Workshops available at www.water.wa.gov.au under Water Quality – Publications – WQPG.

• Stormwater runoff from future development may have an impact on the ecological features of the receiving system. The stormwater management system should be designed to conform to D0W Stormwater Management Manual for WA (2004-2007).

• Chemical substances, including corrosives, poisons, brines and hydrocarbons, may escape from storage facilities through various means. Please refer to the D0W Water Quality Protection Guideline (WQPG) Mining and Mineral Processing – Above-ground fuel and chemical storage.

• Tank systems are essential for the storage of fuels, lubricants and liquid chemicals that are used for commercial and industrial land use. Many of these substances can harm humans, animals and vegetation or disrupt aquatic ecosystems if allowed to enter the environment. Please refer to the department of Water's Water Quality Protection Note Tanks for Elevated Chemical Storage.

• The proposed development is located within the Swan River Surface Water System and Swan Groundwater Area proclaimed under the Right in Water And Irrigation Act (1914), where there my be a requirement to obtain a licence for the use of surface and groundwater. The issue of licence is not guaranteed and, if issued, will contain a number of conditions including the quantity of water that can be pumped each year. The proponent is encouraged to contact the Dow's Swan Avon Region office on 6250 8000 to discus water management options.

Advance Bullsbrook and Surrounding Districts Working Group

No comment has been provided from this working group on the proposed development.

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

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


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Swan River Trust (SRT)

No comment has been forwarded from the Trust in regards to the proposal.

Ellen Brockman Integrated Catchment Group

The following comments are provided by the Ellen Brockman Integrated Catchment Group regarding the proposed development:

1. This property is palusplain within the Environmental Management Unit: SC2 Rutland Road with soil units Regan and Yanga (Ellen Brook management Plan, 2000). These soil units have a very high risk of phosphorus export, salinity and waterlogging and ATUs would be necessary for effluent disposal.

2. The property is bounded by Bush Forever sites to the east and west and on the northern boundary a waterway flows directly into the Ellen Brook. Since the Ellen Brook catchment is the highest priority catchment (Swan River Trust 2008 Annual Report) for nutrients flowing into the Swan River estuary, it is very important to ensure polluting activities are minimized. As such , the document submitted by the proponents do not address any issues relating to good management practices for effluent , hydrocarbon and wastewater disposal.

3. The fuel tank needs to be bunded concrete bay with traps that separate hydrocarbons from any stormwater. This area should be roofed to limit stormwater and spillages mixing.

4. The wash down bay also needs to be bunded and the waste water passed through a treatment train including a settling pond, a pond lined with high PRI (Phosphorous Retention Index) material such as cracked gravel which could then flow through a vegetated swale into the Ellen Brook.

5. The truck bays could be located on the southern side of the main buildings and increase the buffer area on the creek line. The full length of the creek flowing westerly along the northern boundary needs to be revegetated.

6. The disposals of waste materials such as oils greases from the workshop or any clean down of the workshop are not specified.

REPORT

Zoning

The subject lot is currently zoned "General Rural" under the City's Local Planning Scheme No.17. The objectives of this zone are as follows:

• Facilitate the use and development of land for a range of productive rural activities, which will contribute towards the economic base of the region.

• Provide for a limited range of compatible support services to meet the needs of the rural community, but which will not prejudice the development of land elsewhere which is specially zoned for such development.


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• Ensure the use and development of land does not prejudice rural amenities, and to promote the enhancement of rural character.

• Ensure that development and land management are sustainable with reference to the capability of land and the natural resource value.

Although the proposed development conflicts with above objectives of the general Zone, it is considered that the proposed transport depot would have no detrimental impact on the environment and the rural character of the locality as far as it will be operated in an environmentally sensitive manner.

Use Class Permissibility

A Transport Depot, under the General Rural Zone, is an 'D' use, which means it is not permitted unless a special permission is granted by Council for its approval. A Transport Depot is defined as follows:

"Land and/or buildings used for the transfer of goods or persons from one road motor vehicle to another such vehicle for hire or reward, of for the storage of goods delivered by road transport, and includes the maintenance, repair, garaging or parking or storage of such vehicles."

The proposed transport depot is considered to be consistent with the above definition and therefore the Council has the discretion to approve the use within the general rural zone.

The Council, in exercising its discretion to approve or refuse the application shall have due regard to the following:

(a) The preservation of the amenity of the locality.

(b) The likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment.

(c) The relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal.

(d) Whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles.

(e) The amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety.

(f) Whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved.

(g) Whether the proposal is likely to cause soil erosion or lands degradation.

(h) Any relevant submissions received on the application.


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(i) The comments or submissions received from any authority consulted under clause 10.11.

(j) Any other planning consideration the City considers relevant.

Bullsbrook Town Site and Rural Strategy 2008

The subject lot is situated within the Bullsbrook Townsite and Rural Strategy (BTRS) and falls within the "General Rural 1" precinct. The objectives of this precinct are to maintain significant rural land holdings, to ensure the support of the local economy and the viability of rural land use throughout the area, and the retention of the rural character of the region.

The development of a transport depot of such size and scale as indicated in the proposal is not considered to be a rural land use and as such it conflicts with the stated objectives of the "General Rural 1" precinct. In this precinct a transport depot is considered to be undesirable land use and therefore BTRS has designated Rural Transport Precinct in the Bullsbrook Strategy area to accommodate transport depots. City's staffs believe that it may take a considerable time before the Rural Transport precinct becomes available for transport depots as this requires the completion of rezoning, ecological studies, subdivision, the preparation of development guidelines and a review of City's Local planning Scheme No.17 provisions that affect the location of transport depots. Therefore, it would be unreasonable to merely refuse and not consider the merits of the proposal for transport depots elsewhere in the adopted Bullsbrook Strategy area.

Notwithstanding, City's Local Planning Scheme No.17 classifies transport depot as a discretionary use (D use) which can be approved in General Rural zone if Council considers that the proposed use will be undertaken in an environmentally sensitive manner.

Objector's Concern

Compatibility of the use

The objector argues that the proposed transport depot is incompatible with the General Rural Zone. The development of transport depot of such size and scale is considered to conflict with the stated objectives of the zone. However, City's Local Planning Scheme No.17 classifies transport depots as a discretionary use ("D" use) an application related to a transport depot can be assessed on its merit.

Bush Forever

The objector is concerned about the proposed development being located directly adjacent to Bush Forever Site 2, which has been identified as a regionally significant bushland and suggests a guarantee is needed that the integrity of the site is not compromised. The objector believes that the proposal will introduce exotic flora species from trucks and cattle and also results surface water runoff containing contaminants from workshop and other facilities.

The livestock transport depot is proposed to be located on cleared land well away from the creek and more than 400 metres from the Bush Forever site. The submission from the applicant indicates that no wash down/unloading of trailers or disposal of trailer waste is to occur on site. Prime movers will only be washed occasionally (always without their trailers) and the wash down bay is to be sealed and fitted with


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approved filters to trap any material. The transport depot area is to comprise a sealed and blue metal road base and surface water runoff is to be contained on site for surface catchment and water tanks for roof catchment. Therefore, there is very little chance of the introduction of exotic flora species from trucks and cattle. Furthermore, the fuel tank will be sealed and bunded as the applicant submission indicates and all waste from the workshop will be trapped and taken off site.

Traffic

The objector believes that such a proposal would generate a significant increase in local traffic.

The traffic volumes generated by the proposed development are minor and would directly access onto Great Northern Highway with no measurable impact on the capacity of that road. The applicant has submitted a Traffic Impact Analysis and it is estimated that the site will generate 110 vehicles movement a day. This comprises 20 trucks drivers (40 trips), 10 support staff (20 trips), 20 trucks (40 trips) and additional trips by support staff (10 trips). The assessment indicates that the traffic generated from the subject lot due to the proposed development is not considered to have significant impact on the operation of the Great Northern Highway as the existing crossover will be widened to 11 metres and with support of Main Roads WA, a right turn pocket will be provided to accommodate vehicles turning into the proposed development as they approach from the north allowing through traffic to flow unobstructed

The applicant advises that the proposed depot itself will not result in an increased usage of Great Northern Highway by trucks. The new Livestock sale yards are to be located in Muchea and trucks will be using the Highway irrespective of the proposed transport depot.

Impacts on Ground and Surface Water Quality:

The objector is concerned that stormwater runoff from the development site containing sediment, chemicals, fuels, animal excrement and exotic seed would flow onto neighbouring properties and into the Ellen brook. The objector asks what methods the proponent would use to retain all stormwater runoff on site.

The applicant advises that no wash down / unloading of trailers or disposal of trailer waste is to occur on site; therefore all animal excrement is washed from vehicles before they leave the saleyards. General road dust will be washed occasionally from prime movers (always without their trailers) and the wash bay is to be sealed and fitted with approved filters. The fuel tank will be sealed and bunded and all waste from the workshop will be trapped and taken off site.

Extraction of Ground water

The objector is concerned about the extraction of ground water for the purpose of the transport depot.

As it is indicated in the report water is to be provided by two (2) 11.5 metre diameter rain water tanks, each having a capacity for some 240.00 litres of water storage. The water storage tanks are believed to adequately serve the livestock transport depot. This represents a sustainable approach which reduces the need for ground water extraction. The applicant advises that if ground water is required to top up the tanks


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then it will be provided from the existing licensed bore on the site. The truck wash will recycle water as it uses it.

Dust Nuisance

The objector is concerned that the road leading into the proposed transport depot, particularly with the heavy traffic, would produce blue metal dust, potentially harmful to nearby residents, their property and the surrounding environment.

The applicant advises that blue metal dust would not be an issue as the driveway is to be sealed for the first 54 metres from the edge of the carriageway. This is believed to minimise any significant dust onto the road. The proposed tree planting surrounding the livestock transport depot will also serve to help minimise any dust.

Spread of Weeds:

The objector believes that due to the proposed development foreign weed or seeds may be introduced thereby compromising the integrity of bush land. He wants to know how the spread of weed from the cattle and trucks would be managed

As noted above spread of weed would not be an issue as no wash down / unloading of trailers or disposal of trailer waste is to occur on site. The applicant advises that general road dust will be washed occasionally from prime movers (always without their trailers) and the wash bay is to be sealed and fitted with approved filters. The livestock transport depot area is to comprise a sealed and blue metal road base and surface water runoff will be directed towards the drainage swales around the perimeter of the site.

Noise

The objector is also concerned that the increase in traffic and the body building and maintenance activities that are proposed to be undertaken on site would result in the emission of obtrusive and irritating noise.

The applicant advises that any noise generated on site would be insignificant compared to the noise generated by existing traffic on the nearby great Northern Highway. Furthermore, as few residence around the site are located a significant distance away from the proposed depot (i.e. 200 metres to the north, 650 metres to the South and more than 1.6 kilometres to the west). The applicant however will be advised that noise generated by activities on site including machinery, motors, or vehicle is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997 at the property boundary.

OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to grant approval for the proposed Transport Depot considering it to operate on the subject lot without affecting the environment, the rural character and amenity of the locality. This is the preferred option.

Implication: This option will allow the owners to utilise the subject lot for livestock transport depot.


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Option 2: The Council may resolve to refuse the application on the basis that the proposed development, if approved, may have detrimental impact on the amenity and rural character of the locality. This is not the preferred option.

Implication: This option will prevent the owners from using the property for transport depot. If aggrieved with Council's decision the applicant has the right of review to the State Administrative Tribunal within 28 days of Council decision.

CONCLUSION

The subject lot is zoned "General Rural" and a Transport Depot under this zoning is a discretionary use ("D" use) which requires determination of Council for its approval or refusal. In determining this application the Council must have due consideration to the environment, amenity and rural character of the area.

Although the proposal is considered to conflict with stated objectives of the general rural zone, the manner the livestock transport depot is proposed to be operational on the subject lot is considered to be environmentally sound. The proposed drainage system which has gained acceptance from City's Engineering Services is believed to be pertinent in controlling of any potential pollutants resulting from site activities.

Further, the applicant advises that the owners are willing, at their own cost, to widen the existing crossover (11 metres) and sealed from the road pavement to the property boundary (34m long)) at an appropriate width to allow for the turning movement of road trains. The design proposal is also to seal some 20 metres inside the boundary such that some 54 metres of seal is provided from the edge of Great Northern Highway. This will provide an adequate sealed section to accommodate a 40 metres road train well clear of the highway. It is considered that the above measures will resolve all the concerns of the resident who objected the proposed development. The proposal has also gained support from the department of Water and Main Roads WA subject to conditions.

In light of the above, the proposed development is considered appropriate from a planning point of view as it is considered to be operating in an environmentally sensitive manner and accordingly approval is recommended subject to appropriate conditions.

ATTACHMENTS

• Location Plan

• Site Plan

• Elevations


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STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Local Planning Scheme No.17

Bullsbrook Townsite & Rural Strategy

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed livestock Transport Depot at Lot 121 (No.3241) Great Northern Highway, Bullsbrook, subject to the following conditions:

1. This approval is for “Transport Depot” as defined in the City of Swan Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City

2. The number of truck movements per day shall not exceed 40 as proposed by the applicant.

3. The livestock transport depot is to operate only between the hours of 7am to 5pm Monday to Friday and 7.00am to Noon on Saturdays, unless otherwise approved by the City of Swan

4. A vegetated buffer shall be planted and maintained to minimise any potential detrimental impact on Ellen Brook from drainage or runoff from the site. A minimum vegetated buffer distance of 20 metres shall be employed to the satisfaction of the City of Swan and prior to the commencement of the transport Depot.

5. A total of 32 parking bays, each measuring 6.0 x 2.5 metres, and 10 truck bays each measuring 40.0 x 4.0 metres shall be provided, clearly marked on the ground.

6. The proposed detention basin measuring 150 x 20m and 0.9m deep shall be constructed as per approved plans certified by practicing Civil Engineer prior to the commencement of the Transport Depot to the satisfaction of City' Engineering Services.

7. No livestock is to be loaded or unloaded on site at all time.


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8. All pavements on the site must be capable of accepting all anticipated loadings (including access ways, parking areas, storage and hard stands). The City will not accept any responsibility for subsequent failure of any pavement.

9. The vehicle parking area, access, circulation areas and hard stand areas must be sealed, kerbed, drained and line marked and maintained to the satisfaction of the City, in accordance with the approved plans. All hardstand construction must be capable of accepting all anticipated loadings.

10. All new and existing stormwater is to be collected and contained within the existing onsite stormwater system. No stormwater is to be discharged from the property into other land or reserves. Stormwater Drainage plans are to be submitted and approved by the Chief Executive Officer.

11. All stormwater and drainage details must be designed and certified by a suitably qualified and practising Hydraulic Engineer and approved by the Chief Executive Officer.

12. Any adjustment to power poles, manholes, drainage sumps, service pits or similar required as a consequence of this approval is to be arranged by the applicant at his/her own expense, prior to works commencing on the site.

13. No earth works shall encroach onto the Great Northern Highway road reserve.

14. No stormwater drainage shall be discharged onto the Great Northern Highway reserve.

15. The applicant shall make good any damage to the existing verge vegetation within the Great Northern Highway reservation.

16. Redundant driveways shall be removed and the verge and its vegetation made good at the applicant's cost.

17. A right turn pocket will be required to accommodate vehicles turning into the development as they approach from the north. The developer shall be responsible for all costs involved in the design and construction of the right turn pocket. This includes signing, road markings and Main Roads costs involved in the checking of the design and construction drawings, including site inspections.

18. The applicant/owner to obtain Main Roads WA approval for the construction drawings before any work is undertaken within the Great Northern Highway reservation. A detail of traffic management and safety while working within the reservation is to be submitted as part of this approval.

19. A vegetated buffer based on a biophysical is to be maintained adjacent to the mapped waterways and fenced to exclude livestock where appropriate.

20. Vehicle service areas shall be bunded in accordance with the Department of Water (DoW) guidelines on industrial activities to the satisfaction of the City of Swan and prior to commencement of the Transport Depot. (For guidance on the best practice management of wash down facilities and mechanical


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workshop facilities, the applicant is referred to the DoW's Water Quality Protection Notes: Mechanical Equipment Wash down and Mechanical Servicing and Workshops).

21. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of City of Swan.

22. All drainage to be constructed as per the approved plans certified by a qualified practicing Civil Engineer to the satisfaction of the City of Swan.

23. A Certificate of Classification is required before occupancy of the premises.

24. Only one driveway shall be permitted onto the great Northern Highway. This shall be 11 metres in width, at right angle to the carriageway. The driveway crossover shall be constructed to the City of Swan standards for commercial driveways.

25. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.

26. The applicant/owner shall obtain approval from the Department of Industry and Resources for the storage of Chemical/dangerous goods in accordance with the Dangerous Goods Regulations.

27. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

28. Where petrol, benzene, or other flammable or explosive substances or grease, oil or similar matter is likely to be discharged, a bunded and roofed washdown area is to be provided to trap all wastes, which is serviced by an approved petrol and oil separator. Detailed plans and specifications of the petrol and oil waste disposal system must be submitted together with the building plans prior to issue of a building licence.

29. The application for Approval to Construct or Install an Apparatus for the Treatment Of Sewage Form and the required fee is to accompany the Building Licence application.

30. In accordance with the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on – site effluent disposal system must be submitted to and approved by the City's Principal Environmental Health Officer, prior to the construction of such a system.

31. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

32. The carrying on of the development and operation of the Transport Depot must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City's


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Principal Environmental health Officer if it is considered that a dust nuisance exists.

33. Chemical and fuel storage facilities to follow design and maintenance provisions of the Department of Water – Water Quality protection Note: 'Tanks for Elevated Chemical Storage'.

34. No wash down / unloading of trailers or disposal of animal wastes to occur on site.

35. The full length of the creek flowing westerly along the northern boundary of the lot must be revegetated to the satisfaction of the City of Swan.

36. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

37. The applicant shall submit (which ever is applicable) detailed plans and specifications to include site works, levels (existing and proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed Western Power connection and compound and refuse/bulk bin areas etc. Such plans and specifications should be submitted with the building licence application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

38. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

a) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City's Principal Building Surveyor prior to any construction or earthworks commencing on site.

b) The approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City's attention.

c) Where the stormwater of a development is to be discharged into a natural course or wetland, approval from the appropriate authority must be obtained.

d) The exact location and size of any crossover to a road under the control of Main Roads WA is to be determined by that authority, to which the owner must make application.

e) Advise those who lodged submissions of Council's decision


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CARRIED


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Documents

3.2 PROPOSED TRANSPORT DEPOT - LOT 121 (NO. 3241) GREAT … · 2016. 5. 11. · (BTRS) and the strategy designates the subject lot as Rural 1" "General precinct where the proposed