W.A. Molan & Sons Proposed Quarry Planning Policy Assessment … · 2018-04-23 · W.A. Molan & Sons Proposed Quarry Planning Policy Assessment 118 Cairnlea Lane, Mortlake November

W.A. Molan & Sons Proposed Quarry

Planning Policy Assessment 118 Cairnlea Lane, Mortlake

November 2017

Google Earth Streetview Image 2010

Rod Bright & Associates Pty Ltd

Land Development Services

26 Murray St Colac 3250

Ph (03) 5231 4883 M 0415 635 420

www.rodbrightlds.com.au

ROD BRIGHT & ASSOCIATES PTY. LTD. ACN 007 206 975 17-43 V1: 20.03.18 P2

Table of Contents

1.0 INTRODUCTION .............................................................................. 4

1.1 Scope ................................................................................................................................ 4

1.2 Subject land ...................................................................................................................... 4

1.3 Surrounding land ............................................................................................................. 5

1.4 Proposal ............................................................................................................................ 5

1.5 Existing operation ............................................................................................................ 5

1.6 Moyne Planning Scheme Provisions ............................................................................... 7

1.6.1 Zones and Overlays .......................................................................................................... 7

1.6.2 Aboriginal Cultural Heritage Sensitivity .......................................................................... 7

1.6.3 Surrounding zones and overlays ..................................................................................... 8

1.6.4 Planning approval triggers ............................................................................................... 8

1.6.5 Relevant State and Local Planning Policy ....................................................................... 9

2.0 SITE AND LANDSCAPE DESCRIPTION .......................................... 10

2.1 Site and surrounding land ............................................................................................. 10

3.0 PROPOSED USE AND DEVELOPMENT ......................................... 13

3.1 Proposed development ................................................................................................. 13

3.2 Proposed use .................................................................................................................. 13

4.0 PLANNING POLICY ASSESSMENT AND ISSUES .......................... 15

4.1 Settlement – economic development and industry .................................................... 15

4.2 Landscape and visual impact ......................................................................................... 19

4.3 Noise and amenity ......................................................................................................... 23

4.4 Environmental Hazards ................................................................................................. 26

4.5 Environment Protection and Biodiversity .................................................................... 27

4.6 Aboriginal Cultural Heritage .......................................................................................... 28

5.0 PARTICULAR PROVISIONS-DECISION GUIDELINES-ASSESSMENT29

5.1 Farming Zone ................................................................................................................. 29

5.2 Earth and Energy Resources Industry ........................................................................... 31

5.3 Stone Extraction and Extractive Industry Interest Areas ............................................. 31

5.4 Approval of an application or plan ................................................................................ 32

6.0 SUMMARY AND RECOMMENDATIONS ...................................... 33

7.0 APPENDICES .................................................................................. 34

7.1 South Western Landscape Assessment Study (SWLAS) - Significant Landscape 1.1 – Southern Cones ......................................................................................................................... 34


14 Jan 2018 V1 Draft for client review

15 Mar 2018 V1 Final

Report Author: Katy Bright


1.0 INTRODUCTION

1.1 Scope

Brian Consulting Pty Ltd on behalf of Titan Willows Pty Ltd has engaged Rod Bright & Associates Pty Ltd to

provide planning background report relevant to the current planning application for an extended quarry

extraction area at the Cairnlea quarry in Mortlake. The report identifies and addresses planning issues

within the framework of the Victoria Planning Provisions and Moyne Planning Scheme.

The planning report should be read in conjunction with:

• Work Authority Plan (WAP)(WA26 PLN-000537 – Brian Consulting Pty Ltd)

• Amenity Impact Assessment (AIA)(Brian Consulting Pty Ltd) including Risk Management Plan

• Environmental Noise Assessment (Abmarc)

• Cultural Heritage Management Plan (Archaeo-Environments Pty Ltd)

• Traffic Impact Assessment (Civil & Traffic Consulting Pty Ltd)

1.2 Subject land

Address: 118 Cairnlea Lane, Mortlake

Area: 23.46ha

Current land use: Existing scoria quarry (almost depleted) with a current area of 2.0ha producing material

screened for rubble and larger mixes. The product is used for drainage scoria, road sub-base and farm

tracks.


1.3 Surrounding land

Surrounding land generally used for agriculture, grazing and dairying. Smaller land holdings are located

directly to the south and Mortlake township adjoins these properties also further south.

An existing Council quarry is located approximately 1km further north on the Mortlake-Ararat Road from

the Mortlake – Ararat Rd/Cairnlea Road intersection and mines scoria from the north-east flank of Mount

Shadwell.

1.4 Proposal

The proposal is to extend the existing dry open pit quarry for the purpose of scoria extraction with a

volume of 1,280,000 cubic metres within 8.818ha. Staging of the quarry will be regulated by the

Department of Economic Development, Jobs, Transport and Resources (DEDJTR). Extraction will occur with

limited open areas allowed under the licence at any one time (maximum open area 4.25ha), with

rehabilitation of previous areas to occur before proceeding. Refer to the Work Authority Plan.

The extent, direction and staging of works, including the details of the quarry operation and explanation of

potential amenity impacts are indicated within the work authority plan and amenity impact assessment

accompanying the permit application, and within the Environmental Noise Assessment.

The quarry life span will depend on the rate of extraction. Currently outputs are approximately 10,000m3

per year potentially for 50 years, but an increase in output would reduce the life.

Refer Figure 1 - existing and proposed quarry extraction areas:

1.5 Existing operation

As noted in the WAP, the current open quarry is approximately 2.0ha in area, and has been operating for

at least 42 years. The operators have work plans dated 1976 but are aware of work being carried out prior

to this time. An old reference number was Extractive Industry Licence No. 807. This was later re-numbered

to Work Authority No 26. The licensee in 1976 was E & M Atkinson. The history prior to the current owners

is not clear. There is no planning permit in evidence, however the quarry was established prior to the

Planning and Environment Act 1987.

Nevertheless, the use of the land for stone extraction appears to satisfy the existing use rights provisions

of clause 63.01, with the extent of use rights limited to the existing operations.

The current open area of the quarry is nearly depleted.

The proposed extraction rate and hours of operation during normal operating conditions is expected to be

similar to current yields and times. This is an assumption based on market predictions, with expectation of

supply of product to private buyers within the quarry hinterland and Vicroads work. Product sales to

Moyne Shire are not projected due to proximity of Moyne Shire pit. A nearby infrastructure project could

spike production.

The current quarry does not have permit conditions to specify operating hours.


The current work plan provides for working hours between 6.00am-6.00pm Monday to Saturday. The

quarry does not operate all these hours. Normal staffing start time is 7.30am. During periods of high

demand the crusher is not used prior to 7.30am in consideration of neighbours.

Figure 1: Quarry extent existing and proposed.


1.6 Moyne Planning Scheme Provisions

1.6.1 Zones and Overlays

The land is zoned Farming (FZ).

Scheme overlays do not apply to the land:

1.6.2 Aboriginal Cultural Heritage Sensitivity

The land is located in an area of Aboriginal Cultural Heritage Sensitivity, and a Cultural Heritage

Management Plan has been prepared in accordance with the Aboriginal Cultural Heritage Regulations

2007.


1.6.3 Surrounding zones and overlays

Land to the south of the quarry site is zoned Rural Living (RLZ).and is affected by the Design and

Development Overlay 26 – Mount Shadwell View Protection Area (DDO26).

1.6.4 Planning approval triggers

The scheme (cl74) defines the proposed use as “stone extraction”- “land used for the extraction or removal

of stone in accordance with the Mineral Resources (Sustainable Development) Act 1990. The use is nested

in “Earth and Energy Resources Industry”(75.07).

Planning approval is triggered for the extension of the quarry by:

• 35.07-1 Section 2 use in the Farming Zone;

• 35.07-4 Buildings or works associated with a Section 2 use in the Farming Zone;

• 52.08 Earth and Energy Resources Industry

• 52.09 Stone Extraction and Extractive Industry Interest areas. Planning approval is not required

for stone extraction if the proposal complies with section 77T of the Mineral Resources

(Sustainable Development) Act 1990, which requires an Environment Effects Statement to be

approved by the Minister.


1.6.5 Relevant State and Local Planning Policy

State Planning Policy Framework:

Local Planning Policy Framework including MSS:

11.07 REGIONAL VICTORIA

11.07-1 Regional planning

11.07-2 Peri-urban areas

11.11 GREAT SOUTH COAST

11.11-1 A diversified economy

11.11-4 Networked settlements

12. ENVIRONMENTAL AND LANDSCAPE VALUES

12.01 Biodiversity

12.02-6 The Great Ocean Road Region if relevant

(12-02 Coastal Areas)

12.04 Significant environments and landscapes

12.04-2 Landscapes

13 ENVIRONMENTAL RISKS

13.03 Soil Degradation

13.03-1 Use of contaminated and potentially

contaminated land

13.03 Soil Degradation

13.03-3 Salinity

13.04 Noise and air

13.04-1 Noise abatement

13.04-2 Air quality

13.05 Bushfire

13.05-1 Bushfire Planning

14 NATURAL RESOURCE MANAGEMENT

14.01 Agriculture

14.01-1 Protection of Agricultural Land

15 BUILT ENVIRONMENT AND HERITAGE

15.03 Heritage

15.03-2 Aboriginal Cultural Heritage

17 ECONOMIC DEVELOPMENT

17.02 Industry

21.02 Municipal Overview

21.03 Factors influencing future planning and

development

21.04 Municipal Vision (Vision statement as

expressed in corporate plan)

21.06 Environment

21.07 Economic Development

21.08 Infrastructure and particular uses

21.09-4 Local Areas - Mortlake

22.01 Settlement and Housing

22.01-1 Aboriginal Heritage

22.02 Environment

22.02-2 Rare and threatened species

22.02-3 Potential for Ground Water Recharge

22.02-4 Susceptibility to Mass Movement

22.02-5 Pest Plant Management

22.02-6 Steep Land

22.02-7 Hilltop and Ridgeline Protection

22.02-8 Flora and Fauna Local Policy

22.03 Economic Development

22.03-1 Industrial Development

22.03-8 Fire Protection


2.0 SITE AND LANDSCAPE DESCRIPTION

2.1 Site and surrounding land

The site is located adjacent to Cairnlea Lane Mortlake, to the south of Mount Shadwell, in an area of

volcanic scoria filled cones which from the dominant landscape feature. The volcanic craters and plains are

significant both to the district and to south-west Victoria, both from a landscape and geological

perspective.

Throughout the wider area, the plains cover the landscape with the volcanic craters sporadic yet dominant

visual features. Views from elevated locations found at the rim of the volcano craters or mounds (such as

Mount Shadwell) are extensive, impressive and far reaching. Mount Shadwell’s highest point is

approximately 283m above sea level. Telecommunications infrastructure are located at the summit. The

plains are generally around 150m above sea level with minor disparities, therefore increasing the visual

impact of the volcanic features as viewed from a distance. Mount Shadwell is located in private land, and

the summit is not available as a tourist destination such as other volcanic craters in the south-west, such as

Red Rock (Alvie), Mount Leura (Camperdown), Tower Hill (Koroit) and Mount Rouse (Penshurst).

Image 1: Mt Shadwell. Google Streetview Image (2010) https://www.google.com.au/maps/@-38.0594035,142.8176804,3a,75y,310.19h,97.68t/data=!3m6!1e1!3m4!1sLtC59YwtsPEL1z-6kIOwNQ!2e0!7i13312!8i6656 as viewed from Ararat-Mortlake Road.

The subject land and direct locality, as viewed from Cairnlea Lane, creates a pocket of landscape which

differs from the wider surrounds, and due to the undulations in topography provided by the rises and the

volcanic formations to the north.

https://www.google.com.au/maps/@-38.0594035,142.8176804,3a,75y,310.19h,97.68t/data=!3m6!1e1!3m4!1sLtC59YwtsPEL1z-6kIOwNQ!2e0!7i13312!8i6656

https://www.google.com.au/maps/@-38.0594035,142.8176804,3a,75y,310.19h,97.68t/data=!3m6!1e1!3m4!1sLtC59YwtsPEL1z-6kIOwNQ!2e0!7i13312!8i6656


Image 2: Mt Shadwell and rises. Google Streetview Image (2010) https://www.google.com.au/maps/@-38.0631303,142.7999529,3a,60y,55.3h,92.2t/data=!3m6!1e1!3m4!1s3CvyaL4ThzDoYwgTbcYBmg!2e0!7i13312!8i6656 as viewed to the north-east from Cairnlea Lane across the subject land.

This is further illustrated by the basic contour and relief maps below.

Figure 2: Contour pattern in area (20m intervals). Subject land highlighted. http://services.land.vic.gov.au/maps/lassi.jsp

https://www.google.com.au/maps/@-38.0631303,142.7999529,3a,60y,55.3h,92.2t/data=!3m6!1e1!3m4!1s3CvyaL4ThzDoYwgTbcYBmg!2e0!7i13312!8i6656

https://www.google.com.au/maps/@-38.0631303,142.7999529,3a,60y,55.3h,92.2t/data=!3m6!1e1!3m4!1s3CvyaL4ThzDoYwgTbcYBmg!2e0!7i13312!8i6656

http://services.land.vic.gov.au/maps/lassi.jsp


Figure 3: Relief map of area with subject land location. Image source: Bonzle.com http://www.bonzle.com/c/a?a=p&i=554&j=554&x=142%2E81196&y=38%2E05599&w=20000&s=mt%20shadwell&c=1&p=33106&mpsec=0#map

The dominant land use in the area is agriculture and the subject land and surrounding land is used for

grazing. The dominant vegetation type is pasture. Exotic conifer species are used as a windbreak.

Landholdings south of Cairnlea Lane and between the Mortlake township have a minimum subdivision size

of 1ha but are currently generally held in larger parcels.

Figure 4: Site context. Subject land highlighted orange. Mortlake highlighted green. https://www.spear.land.vic.gov.au/lassi/SpearUI.jsp

http://www.bonzle.com/c/a?a=p&i=554&j=554&x=142%2E81196&y=38%2E05599&w=20000&s=mt%20shadwell&c=1&p=33106&mpsec=0#map

http://www.bonzle.com/c/a?a=p&i=554&j=554&x=142%2E81196&y=38%2E05599&w=20000&s=mt%20shadwell&c=1&p=33106&mpsec=0#map

https://www.spear.land.vic.gov.au/lassi/SpearUI.jsp


3.0 PROPOSED USE AND DEVELOPMENT

3.1 Proposed development

The quarry will include the following components during its active phase:

• Existing access road and entry point with gravel surface suitable for heavy vehicles. The existing

entry point will be upgraded in accordance with recommendations from the Traffic Impact

Assessment.

• Portable site office to be located in quarry floor (not visible from outside the site);

• Mobile toilet to be located in quarry floor (self contained)

• Business identification sign (3m2 or less in size) to be erected near front entry);

• Physical cut into the earth and excavation/extraction works areas;

• Topsoil stockpiles;

• No new or additional fencing required

The quarry will include the following visual components after rehabilitation:

• Battered and shaped re-vegetated slopes – pasture suitable for grazing;

• Rehabilitated excavation pit;

• Access road retained for anticipated farm use.

• It is not intended to re-vegetate the site with trees and shrubs for an amenity viewpoint as these

are considered to detract from the rolling green landscape which characterises the area. (There is

scope for revegetation for biodiversity purposes at the direction of Council if deemed

appropriate).

The above visual components will predominantly be obscured from public view. The extent to which the

overall development has a visual impact to the public is explained within the Amenity Impact Assessment

as cited in Section 4.2 below.

3.2 Proposed use

As noted earlier, the existing quarry has been operating at least since 1976 and satisfies existing use rights

provisions of clause 63.01, with the extent of use rights limited to the existing operations.

A new permit is required by the Farming Zone (Section 2 Use) provisions and consideration to be given to

use matters as per the decision guidelines.

As noted in the WAP, the existing dry pit model will be extended. For all details, refer to the WAP. The

following is a brief summary of the quarry’s intended operations:

• Topsoil will be stripped with an excavator, loader and trucks. Topsoil will be stored for reclamation

works as described in the WAP.

• Material and scoria is pushed down the slope with a dozer or ripped from the floor by a dozer.

Material is stored in stockpiles near the floor of the pit.


• A small percentage of material will require further processing. Boulders will be stored on-site until

there is sufficient volume to bring the crusher onto the work site.

• All processing equipment such as an excavator, temporary crusher or screener, trucks and loader

– will be located in quarry floor on a temporary basis, as required.

• Proposed hours of operation are: Monday to Saturday 6.00am to 6.00pm, with the quarry to be

closed Sundays and public holidays. The quarry operators propose to restrict the quarry plant

operation hours to be consistent with EPA guideline Noise from Industry in Regional Victoria

(NIRV) (Publication 1411), with quarry plant not to be operated outside EPA NIRV daytime periods.

Therefore, quarry plant will commence operation prior to 7.00am, nor operate between 1.00pm -

6.00pm Saturday.

• All waste will be removed from the site by the operators. Staff will be responsible to remove litter,

servicing oils and disposing appropriately. An authorised waste contractor will be engaged to

pump out the portable toilet as required.

• A 20m buffer zone has been incorporated into the WAP in which no works or stockpiling will

occur. The zone also avoids an identified and registered site of Aboriginal Cultural Heritage

Significance. Refer to the CHMP and approved work plans.

• The quarry will employ approximately 3 staff during active operations. Once the stockpiles are

sufficient, extraction ceases, and the only on-site activities are the delivery trucks and the loader.

At existing levels of production, the quarry is dormant more often than operating. During dormant

times staff are not on-site.

• Information regarding natural contour impacts, earthworks and rehabilitation are described in the

WAP and within the Amenity Impact Assessment.


4.0 PLANNING POLICY ASSESSMENT AND ISSUES

The State and Local Planning Policy Framework give direction supporting the objectives of planning in

Victoria as set out in the Planning and Environment Act 1987.

For the purposes of this assessment, the policy has been grouped into relevant themes and issues for

consideration. Matters may also apply to the decision guidelines relevant to the applicable zone, overlays

and particular provisions.

4.1 Settlement – economic development and industry

4.1.1 Policy Outline:

A number of state and local policies provide direction (some of which is competing) regarding economic

development, settlement, protection of landscapes and natural attributes, and strengthening economies.

This policy is generally layered, with comment on intention at a state level (17.01 and 17.02) regional level

(11.07-1 and 11.11-1), a networked settlement level (11.11-4), and within the Municipal Strategic

Statement locally though the specific framework plan within the LPPF.

State:

For example, State Planning Policy for all Victoria’s regions (11.07-1) has the objective “to develop regions

and settlements which have a strong identity, are prosperous and are environmentally sustainable.”

Strategies to achieve this objective include:

• Support a network of integrated and prosperous regional settlement

• Maintain and provide for the enhancement of environmental health and productivity of rural and

peri-urban landscapes by:

o Managing the impacts of settlement growth and development to deliver positive land-use

and natural resource management outcomes.

o Avoiding development impacts on land that contains high bio-diversity values, landscape

amenity, water conservation values, food production and energy production capacity,

extractable resources and minerals, cultural heritage and recreation values, assets and

recognised uses.

• Maintain regional Victoria’s competitive advantages:

• Respond to the impact of climate change and natural hazards and promote community safety;

• Support the growth and development of distinctive and diverse regional settlements;

• Promoting liveable settlements and healthy communities.

Similarly, economic development policy (Cl17) requires planning “to provide for a strong and innovative

economy, where all sectors of the economy are critical to economic prosperity.

Planning is to contribute to the economic well-being of communities and the State as a whole by

supporting and fostering economic growth and development by providing land, facilitating decisions, and

resolving land use conflicts, so that each district may build on its strengths and achieve its economic

potential.”


Region & Networked Settlements:

State policy is further supported by references to diversifying the economy of the Great South Coast

(11.11-1) with the objective of strengthening the region’s economy through increased industry

diversification, innovation and development, of which one strategy is “to facilitate access to key

construction material resources in the region, including on-site quarrying.”

Mortlake itself is identified as a district town with a settlement role supporting medium growth within the

Great South Coast Regional Growth Plan (11.11-10). The policy has the objective of building on the

network of towns and the roles played by them through facilitating district towns to support local

communities, industries and services, and supporting development and investment in small towns that are

facing economic and population changes.

Municipality:

The Corporate Plan of Moyne Shire expresses the following mission statement; “to balance the provision of

services throughout the community and to facilitate sustainable development.” To support this mission, a

number of goals are expressed in the planning scheme under this clause (21.04). Relevant clauses include:

• Economic Development – To maintain and increase employment and to have real values of

property increases; and, to support and protect the agricultural base of the Shire, recognising

the potential of improving primary production, adding value to primary products and

diversifying into other industries, in an effort to start new business, employment and increase

economic wealth.

• Environment – To strive to have the cleanest environment in Vitoria and to protect the natural

environment; and to have a balance between development and the protection of the natural

environment.

Key factors which are of importance to the Shire’s future land use and development (21.03), and also

relevant to the permit application to the quarry include:

• The municipality relies heavily on agricultural activity as its economic base.

• The population of Moyne is relatively stable with some population decline in the northern area of

the Shire...which will have an impact on the viability of many commercial activities and the

provision of community services.

• The existing agricultural base needs to be preserved in recognition of its strong economic

performance.

• The importance of landscape character to the economy of the region and the need to relate new

development to landscape character (coastal)

• The importance of views of the landscape from road corridors, and the need to control and

manage development that is highly visible from main road corridors and principal tourist routes.

• The need to retain the dominance of the landscape from key viewing locations throughout the

region.

Mining/extractive industry is recognised in Moyne’s economic development policy (21.07), noting that the

mining of export quality bluestone and granite occur near Port Fairy, and that some local use of mineral

sandstone also occurs. The policy gives recognition to mining of red scoria occurring near Mortlake.

The policy notes the overall importance of agriculture and value adding to the local and regional economy

and the heavy reliance of this sector as a whole for the economic base of the municipality. Relevant

strategies include using local policy to protect the amenity of residential areas from the effects of

industrial activity while not impeding industrial productivity.


Local:

At a local level, the overview for Mortlake (21.09-4) describes the town as being located at the foot of

Mount Shadwell, a significant landscape feature visible from the town. It is described as a service centre

for surrounding farming country with a range of community and recreation facilities, and has experienced

a population increase, defying the general trend for the northern parts of the Shire. Moyne Shire’s vision

for the town is:

• To direct the contained development of Mortlake, in a manner that strengthens Mortlake’s role as

a commercial centre for the region while respecting the town’s historic character, surrounding

rural land and the natural landscape.

The vision for Mortlake is to be implemented by:

• Defining a settlement boundary

• Promoting development growth and economic investment.

• Protecting the valued views and outlook to Mount Shadwell from development.

Specific Industrial objectives (applicable to Industrial zoned areas but may be transferred to the current

proposal) include:

• To support industrial development in appropriate locations around Mortlake, by facilitating

opportunities without adversely impacting on the scale and character of the town, and

recognising and supporting the importance of existing industries.

The rural objectives include:

• To maintain the rural character of land surrounding Mortlake, by protecting key views to Mount

Shadwell and surrounding rural areas, which should be protected in the design and siting of future

development.


Figure 5: Mortlake Framework Plan, Moyne Planning Scheme http://planningschemes.dpcd.vic.gov.au/schemes/moyne/ordinance/21_mss09_moyn.pdf

http://planningschemes.dpcd.vic.gov.au/schemes/moyne/ordinance/21_mss09_moyn.pdf


4.1.2 Policy Consideration:

Overall, economic development and industry policy gives weight to supporting industry which contributes

to a strong economy and gives recognition to the value provided by scoria mining in Mortlake, as an

alternative employment activity to the larger agricultural sector. However, any industrial development is

required to be balanced against other considerations such as environmental protection, and the value of

the natural landscape.

The settlement pattern planned for Mortlake indicates the area south of the subject land as being smaller

allotments suitable for living in a rural environment, reflecting a peri-urban location, with general

residential areas located approximately 850m metres from the land, and the urban boundary for the north

of the town being located along Cairnlea lane. Industrial zoned areas are located on the opposite side of

Mortlake, to the south-west of the town. The quarry location obviously reflects the availability of the

resource, which is generally in an established agricultural area with beef grazing evident to the east and

west.

Given the size and operating parameters of this particular quarry, and the adverse amenity mitigation

impacts as discussed further in this report, policy direction is weighted towards encouraging the use of the

land for mining scoria. As an alternative industrial activity which can provide tangible employment benefits

and strengthen the local economy, the proposal is consistent with economic policy from the state to local

level in this location. However, attention is required to be given to any potential off-site impacts to

residents in the town and detailed consideration to the landscape impacts to nearby Mount Shadwell.

4.2 Landscape and visual impact


State

State policy (Cl12.04) in relation to significant environments and landscapes has the objective of protecting

landscapes and significant open spaces that contribute to character, identity and sustainable

environments.

Strategies to achieve the objective include:

• Ensure sensitive landscape areas such as the bays and coastlines are protected, and that new

development does not detract from their natural quality.

• Recognise the natural landscape for its aesthetic value and as a fully functioning system.

• Ensure natural key features are protected and enhanced.

Region

South West Landscape Assessment Study

The Department of Planning and Community Development completed an assessment of the character and

significance of landscapes throughout the south west of Victoria, as outlined in the South West Landscape

Assessment Study (SWLAS) (Planisphere 2013). It defines significant views and areas, which include the

western volcanic plains. It includes draft landscape character areas, with the intention of assimilating the

findings into the relevant planning schemes by a planning scheme amendment in the future. The SWLAS

will consolidate previous documents (such as the Great Ocean Road Region Landscape Assessment Study

((GORRLAS)) which applies south of the Princes Highway) and gives overarching landscape based direction

for the area. SWLAS is currently not referenced in Moyne Planning Scheme, however it is expected that it

would be introduced within relevant regional policy at clause 11.


The study has five main components:

• Landscapes of the South West – A Regional Perspective;

• Significant landscapes of South West Victoria;

• Significant views of South West Victoria;

• Landscape character type and area analysis papers.

• Landscape protection and management recommendations.

The subject land is included in Character Area 1.1 Southern Volcanic Cones (p36) Regional Overview

Report.

The Southern Volcanic Cones landscape 1.1 is described as containing “some of the most significant and

iconic volcanic rises to be found in Western Victoria. Spreading out across the landscape from many of

these features are the low stony rises of their lava flows. Paddocks and roadsides are often lined with

impressive and intact dry stone walls. The landscape is dispersed with numerous large bodies of water

(discussed in the “Inland Lakes” Significance Paper.). These volcanic features rise up dramatically from the

open and slightly undulating agricultural plain. Many of them are visible on the horizon from long distances

away, and create a high level of contrast and visual interest in the landscape. The lakes in the area provide

additional wide, flat surfaces that further highlights the prominence of the cones. Geometric shapes of

shelterbelts and property edges run at sharp angles to the features.”

Southern Cones significance assessment summary map and link.

https://www.planning.vic.gov.au/__data/assets/pdf_file/0019/6337/1-Western-Volcanic-Plain-Part-1.pdf

In relation to Landscape Protection and Management (Chapter 5 of the Study), the document proposes

introducing new objectives and strategies for landscape protection within the SPPF, and introducing a new

SLO within Moyne Scheme (and other planning schemes).

The document suggests the following objectives for protection and management of landscapes:

• To protect and manage the significant landscapes of SW Victoria, including the following

landscapes of State significance and other identified landscapes of regional significance:

o The Volcanic Cones, Lakes and Stony Rises district, including Lake Corangamite and nearby

volcanic rises

o The Volcanic Cones and Lava Flows district, including Mount Rouse, Mount Eccles (Budj

Bim) and surrounds, and Mount Napier –

o (Other landscapes of significance listed but are omitted in this transcript)

• To protect and enhance the identified significant views and vistas of S W Victoria;

• To manage the visual impact of development on the character and significance of the landscape;

• To maintain the important contribution that significance landscapes and views make to the

regional economy as tourism assets;

• To maintain the important contribution that productive agriculture and sustainable land

management practices make to the character of the landscape;

• To protect and enhance remnant indigenous and/or native vegetation as an important landscape

future of South West Victoria, especially remnant River Red Gums.

The document also recommends strategies for the protection and management of landscapes to support

the above listed objectives:

https://www.planning.vic.gov.au/__data/assets/pdf_file/0019/6337/1-Western-Volcanic-Plain-Part-1.pdf


• Ensure the design and external appearance of development complements the character of the

surrounding landscape with consideration of form, construction materials, colours and finishes,

and design detailing.

• Ensure that development in the foreground of identified significant views is sited and designed to

minimize visual intrusion (e.g. low building heights, minimal building footprints, appropriate

colours and material to the setting, and integration with vegetation.)

• Ensure that large scale development is sited to avoid impacting on significant landscapes and

views, with particular consideration given to the foreground of identified significant views, which

are particularly sensitive to visual intrusion.

• Ensure that development is sited:

o Within existing clusters of buildings where possible;

o Away from visually prominent locations such as ridge lines and hill faces;

o Away from identified landscape features;

o Among established vegetation and/or screened with substantial landscaping of locally

appropriate species;

o To follow the contours and/or natural form of the landscape;

o To minimise visibility from identified significant viewing locations, including major road

corridors;

o Protect and rehabilitate significant stands of remnant indigenous and/or native vegetation

where they are integral to the character and significance of the landscape, and where

practical. Particular consideration should be given to vegetation at roadsides, throughout

paddocks, and adjacent to waterways, subject to farming requirements, fire protection

and safety.

Municipality

The Municipal Overview (21.02) within the Municipal Strategic Statement recognises the physiography of

Mortlake is reflected in its location within the Volcanic Plains. The MSS refers to the regional landscape

character significance of the Great Ocean Road Region (as reflected in the Great Ocean Road Landscape

Assessment Study 2003), the Coastal Spaces Project (Coastal Spaces Landscape Assessment Study 2006)

and identifies the Western Coastal Cliffs as a significant landscape. The landscape of the volcanic plains has

not been specifically referred to in the Municipal Overview.

Environment policy (21.06) also gives recognition to areas identified as having landscape character of

significance (although the areas referred to within do not include Mount Shadwell and the Mortlake region

specifically). The policy links relevant sustainability issues to the Regional Catchment Management Strategy

produced by the Glenelg-Hopkins Catchment Management Authority.

The policy recognises the Volcanic Plains physiographic unit, “which accounts for the majority of the

Shire’s area. These are composed of “newer basalts” and are almost horizontal at an elevation of 150-

200m with only a slight inclination to the south. A number of volcanic cones are scattered over the plains

and typically rise to heights of between 120 and 180 metres above the plains.

It notes the Shire contains many areas, which have significant natural landscapes and features of

environmental value.

It recognises the role that volcanic eruptions played in shaping the landscape and creating the significant

craters in the region, including the crater within Tower Hill State Game Reserve, crater and lava landscapes

in Mount Eccles National Park, Mount Shadwell and The Peak volcanic crater.



Policy clearly identifies the landscape significance of Mount Shadwell and other volcanic craters in the

district and wider region to be of state and local significance. Having regard to the SWLAS, the context of

the site from a landscape perspective is one of significance, and greater weight should be given to

protecting the visual landscape that otherwise would be considered appropriate in an area not afforded

significance. Any quarrying operations which impact the view of Mt Shadwell itself from the Mortlake town

or public viewing points or further afield would need to be critically considered. Similarly, any buildings or

works or even tree plantings which would negatively impact the viewscape through obstructing views or

distracting from the primary view would be negatively perceived from a policy context.

In this case the current and proposed quarry extension operates on the foothills of Mt Shadwell. As

quarrying requires digging/excavating the existing quarry is not visible from Cairnlea lane or any other land

lower in elevation than the batter and terminal slope.

The Amenity Impact Assessment (Section 2.2, Brian Consulting Pty Ltd) describes the quarry as being

designed to operate from behind the hill and describes the changes to the visual landscape which will

occur over time if the quarry extension is approved. The assessment concludes the most significant visual

change will be the lowering of the foothill towards the end of the quarry life, however this could be

mitigated through hill-scaping which could reflect the natural undulating surface instead of leaving an

artificial ‘straight’ topographical feature. The lowering of the foothill may positively assist in increasing the

visibility of slopes of Mount Shadwell which are currently hidden from sightlines from Cairnlea Lane and

the south-west.

Having regard to the Amenity Impact Assessment, it is noted that the site is located on a geological feature

(although this cannot be avoided, given the purpose and nature of quarrying operations), yet

notwithstanding the site’s location, visual intrusion of the quarry will be minimised by surrounding

topography, the design of the quarry and direction of works, and proposed rehabilitation of the site. The

site is not located within any significant viewscapes as described in SWRLAS. The quarry will not

unreasonably detract from viewing experiences of the significant southern cones landscapes as described

in SWRLAS and the Moyne Planning Scheme.

Specific permit conditions could require detailed consideration to be given to the final southern slope

design to ensure that it visually emulates its surrounding landscape.


4.3 Noise and amenity


State:

State Planning Policy in relation to noise abatement (13.04-1) has the objective of controlling noise effects

on sensitive land uses by ensuring that development is not prejudiced, and community amenity is not

reduced by noise emissions, using a range of building design, urban design and land use separation

techniques as appropriate to the land use functions and character of the area.

Similarly, in relation to air quality (13.04-2), the objective is to assist the protection and improvement of air

quality by ensuring, wherever possible, that there is suitable separation between land uses that reduce

amenity and sensitive land uses.

Municipality

The state policy above is echoed within Moyne Shire’s Municipal Strategic Statement which, in its

Residential and Industrial Interface Policy (22.03-2) identifies the need to ensure adequate buffers are

present between dwellings and industrial activity. The policy objective is to protect the amenity of

residential areas from the effects of industrial activity, whilst not impeding the productivity of industrial

enterprises. This policy is intended to apply to location of new industrial activities or in consideration of

industrial rezoning and new sensitive uses such as residential development. The policy can be transferred

to the proposed quarry extension with quarrying defined as “earth and energy resources industry” and

being located on the edge of Mortlake’s settlement boundary. It suggests the use of fencing, screening,

planting or similar to create a visual and/or acoustic buffer and a landscaping plan should be submitted

with such permit applications. It also directs the RA to undertake a facilitative approach to resolve amenity

issues on the interface of residential and industrial zones.

Moyne Shire’s Industrial Development policy (22.03-1) is also relevant, noting development sites in rural

areas may be supported where they can:

• Minimise impact on agriculture, land and land management practices.

• Have sealed access roads,

• Dispose of effluent properly,

• Maintain the visual qualities of the rural landscape.

• Noise abatement measures.

• No detrimental significant effects on the environment, or which the responsible authority

considers the environment may have on the use or development.


Amenity issues are clearly articulated within the policy framework in relation to protecting sensitive land

uses, particularly residences from adverse amenity impacts from industrial land uses. However, the policy

is equally clear that industry should be supported, provided amenity considerations can be resolved to

appropriate levels.

Relevant adverse amenity impacts potentially caused by the quarry are noise, dust and loss of road

condition. Refer to the Amenity Impact Assessment which describes adverse amenity potential and

amelioration.


In addition to standard conditions as mandated by clause 52.09-7- requirements for the use and

development of land for stone extraction, - as cited below:

“Boundary setback:

Except with a permit, no alteration may be made to the natural condition or topography of the land

within 20 metres of the boundary of the land. This does not apply to driveways, drains, bund walls or

landscaping.

Screen planting

Shrubs and trees must be planted and maintained to screen activity on the site to the satisfaction of

the responsible authority.

Parking areas

Parking areas must be provided for employees’ cars and all vehicles used on the site to the satisfaction

of the responsible authority”…

The Environmental Noise Assessment (Abmarc) modelled 2 scenarios in relation to noise: Scenario 1 – the

existing quarry, and Scenario 2 – Top of Batter Extension to the south (assessed at the likely southern

limits of the quarry extension). The assessment determined that the current quarry operations are

generating noise levels within the NIRV guidelines to sensitive receivers. Scenario 2 determined that the

extension of the quarry to the south would enable the noise generation to be within NIRV guidelines,

however care would be needed to ensure that noise will not exceed guidelines at the southern limits.

Extending the quarry further south than proposed would require larger sound barriers and consideration

regarding the location of plant – eg. further away from the receiver.

The Amenity Impact Assessment (Brian Consulting Pty Ltd) concludes in relation to dust:

• The likely source of dust will be from moving vehicles, particularly along the access road; and the

access road will need to be maintained to a standard that minimises dust from moving vehicles;

• Product processing will not create a dust nuisance;

• Exposed scoria faces within the open quarry do not generate dust;

• The handling of topsoil during stripping and reclamation should be done when weather conditions

are favourable. These activities should be avoided during dry times of the year.

Screen planting is referenced as an appropriate amelioration measure for dust, noise and visual impact at

various policy sections in the planning scheme: 1) Residential and Industrial Interface Policy (22.03-2); 2)

within the proposed Significant Landscape Overlay objectives as outlined in SWLAS; 3) within 52.07-7

(above) and 4); as a general decision guideline within the Farming Zone.

The applicants recognise the clear policy direction regarding screening vegetation, but consider it

inappropriate in this instance due to the detrimental landscape impact created by introducing screening

trees which will detract from viewscapes to Mount Shadwell. From an amenity perspective, it is also

considered unnecessary for a screening tool as the quarry will not be visible from any public viewing

points. And finally, when the quarry is exhausted, the land will be returned to pasture for the purposes of

grazing consistent with surrounding land and the purpose of the Farming Zone (which is generally, to

provide for the use of the land for agriculture). This is the current position of the quarry operators. The

argument for re-vegetation of native species for improving biodiversity is considered separately – refer to

Section 4.5.


The Traffic Impact Assessment (Civil & Traffic Consulting Pty Ltd) assesses the potential traffic impacts on

the local road system by the existing quarry and proposed extension. To summarise, it notes the proposed

extension will not change output from the quarry and there will be no increase in generated traffic. The

existing quarry generates approximately 5 vehicle trips per day (2 heavy vehicle and 4 light vehicle), with

peak potential for 28 movements for short periods. 60% of vehicle movements travel east along Cairnlea

Lane to the Ararat-Mortlake Road intersection. The report describes the condition of the wider road

network, and suggests mitigating treatments both to the site entry, Cairnlea Lane and the wider network.

The report concludes there would be no traffic management, safety or operational grounds that would

impede the development, subject to the implementation of the recommendations given.


4.4 Environmental Hazards


Environmental hazards and risks are required to be considered by state planning policy. Relevant hazards

and risk policy include:

a. Use of contaminated and potentially contaminated land (13.03-1) which has the objective to

ensure that potentially contaminated land is suitable for its intended future use and

development, and that contaminated land is used safely. The strategy to achieve the objective is

to require applicants to provide adequate information on the potential for contamination to

have adverse effects on the future land use, where the subject land is known to have been used

for industry, mining or the storage of chemicals, gas, wastes or liquid fuel.

b. Salinity (13.03-3) which has the objective to minimise the impact of salinity and rising

watertables on land uses, buildings and infrastructure in rural and urban areas and areas of

environmental significance and reduce salt loads in rivers. One of the strategies is to prevent

inappropriate development in areas affected by groundwater salinity.

c. Bushfire (13.05) and bushfire planning (13.05-1), which has the objective to strengthen the resilience

of settlements and communities to bushfire through risk-based planning that prioritises the

protection of human life. The policy must be applied to all planning and decision making under the

Planning and Environment Act 1987 relating to land which is:

• Within a designated bushfire prone area;

• Subject to a bushfire prone area;

• Proposed to be used of developed in a way that may create a bushfire hazard.

Strategies include: protection of human life, bushfire hazard identification and assessment, settlement

planning, and use and development control in a Bushfire Prone Area

This policy is supported at a local level in the LPPF with Moyne’s fire protection policy (22.03-8) which

covers all landed zoned Farming or Rural Living in the municipality.


Refer to the Work Authority Plan for information regarding potential impact to soil, salinity, and activities

on days of total fire ban.


4.5 Environment Protection and Biodiversity


State

State biodiversity policy (12.01) aims to assist the protection and conservation of Victoria’s biodiversity, by

using biodiversity information to identify important areas of biodiversity, including key habitat for rare or

threatened species and communities, and strategically valuable biodiversity sites. Strategic planning is to

be the primary planning tool for the protection and conservation of Victoria’s biodiversity, particularly

those areas identified as important. Decision making should take into account the impacts of land use and

development on Victoria’s high value biodiversity. In relation to native vegetation (12.01-2), the objective

is to ensure there is no net loss to biodiversity through the removal, destruction and lopping of native

vegetation.

Municipality

Moyne Shire’s broader environment policy (21.06) gives recognition to relevant environmental issues

which include:

• Recognise and address environmental problems affecting the municipality such as degraded land,

erosion, and the need for pest eradication and the lack of riparian vegetation.

• Maintain biodiversity by protecting and enhancing the habitat of rare and threatened species.

• The need to maintain the natural and man-made landscapes of the Shire.

Relevant Strategies to resolve these issues include:

• Recognise the Glenelg Regional Catchment Strategy in strategic decision making.

• To ensure development avoids disturbing acid sulphate soils and where disturbance is

unavoidable to comply with the requirements of the EPA’s Industrial Waste Management Policy

(Waste acid sulphate soils).

• To promote the economic and environmental importance of land as a resource.

The above strategies are to be implemented by applying local planning policy and overlays as appropriate.


The subject land is not identified as being of significant from a biodiversity perspective by application of

environmental or vegetation overlays or other strategic identification. Land is generally cleared with exotic

pasture species the dominant vegetation type and a cypress windbreak is located in the property. The

property could probably be considered degraded from a vegetation value perspective but valuable from a

resource perspective and as potential for agricultural production post-quarry.

The desktop applicable EVC is Scoria Cone Woodland.


4.6 Aboriginal Cultural Heritage


State

Aboriginal Cultural Heritage significant places are to be protected and conserved by the following

strategies (15.03-2):

• Identify, assess and document places of Aboriginal cultural heritage significance, in consultation

with relevant Registered Aboriginal Parties, as a basis for their inclusion in the planning scheme.

• Provide for the protection and conservation of pre-and post-contact Aboriginal cultural heritage

places.

• Ensure that permit approvals align with recommendations of a Cultural Heritage Management

Plan approved under the Aboriginal Heritage Act 2006.

Municipality

The above objective and strategies are reinforced at a local level in the MSS (22.01-1) with policy

applying to all land and reflecting the need to appropriately protect and manage Aboriginal sites. The

policy triggers a request by the RA for a suitably qualified archaeologist to detail the impact of the

proposal on Aboriginal Cultural heritage values, whether or not a CHMP is required in accordance

with the Aboriginal Heritage Act 2006 and 2016 amendment, and accompanying regulations.


A Cultural Heritage Management Plan has been prepared for the site responding to the Act and policy

requirements. (Archaeo – Environmentals Pty Ltd, CHMP No. 14276).

Recommendations and conditions are detailed in the report regarding protection and management of

Aboriginal Places located within the site.


5.0 PARTICULAR PROVISIONS - DECISION GUIDELINES - ASSESSMENT

5.1 Farming Zone

Farming Zone Cl. 35.07

Purpose:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework,

including the Municipal Strategic Statement and local planning policies.

• To provide for the use of land for agriculture.

• To encourage the retention of productive agricultural land.

• To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land

for agriculture.

• To encourage the retention of employment and population to support rural communities.

• To encourage use and development of land based on comprehensive and sustainable land

management practices and infrastructure provision.

The proposed quarry is consistent with the policy framework, as noted in Section 4.

Quarrying for stone removes some land from agricultural production during the life of the quarry but can

return the land effectively to grazing when rehabilitated.

The quarry will continue to enable limited employment for the district.

Farming Zone Decision Guidelines.35.07-6

General issues

o The State Planning Policy Framework and the Local Planning Policy Framework, including the

Municipal Strategic Statement and local planning policies.

o Any Regional Catchment Strategy and associated plan applying to the land.

o The capability of the land to accommodate the proposed use or development, including the

disposal of effluent.

o How the use or development relates to sustainable land management.

o Whether the site is suitable for the use or development and whether the proposal is compatible

with adjoining and nearby land uses.

o How the use and development makes use of existing infrastructure and services.

The proposed quarry is consistent with the policy framework, as noted in Section 4.

The Glenelg-Hopkins Regional Catchment Management Strategy applies to the land but does not give

direction specifically regarding extractive industry, although it does give general environmental guidance

as noted in Section 4.

The subject land can accommodate the use and earthworks. There will be no off-site emissions to water

and effluent disposal will be a mobile unit.

Extracting basalt and rehabilitating the site for farming land ensures the land’s potential as an economic

and stone resource is maximised.


The use of the land for quarrying is compatible with surrounding farming land uses. Appropriate amenity

mitigation will be undertaken to ensure compatibility with nearby dwellings.

Extending the quarry requires no additional infrastructure and services to be connected. The road access

and surrounding road network will benefit by minor works such as signage to increase safety, as described

in the Traffic Impact Assessment.

Agricultural issues and the impacts from non-agricultural uses

o Whether the use or development will support and enhance agricultural production.

o Whether the use or development will adversely affect soil quality or permanently remove land

from agricultural production.

o The potential for the use or development to limit the operation and expansion of adjoining and

nearby agricultural uses.

o The capacity of the site to sustain the agricultural use.

o The agricultural qualities of the land, such as soil quality, access to water and access to rural

infrastructure.

o Any integrated land management plan prepared for the site.

The use of the land may return to agricultural production when extracting basalt/scoria is no longer

available.

Soil will be stockpiled with a maximum height of 2 metres to preserve soil quality. Only about half the soil

will be stockpiled; the remainder of stripped oils will be re-used immediately for progressive rehabilitation.

Dwelling issues

o Whether the dwelling will result in the loss or fragmentation of productive agricultural land.

o Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby

land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of

operation.

o Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby

agricultural uses.

o The potential for the proposal to lead to a concentration or proliferation of dwellings in the area

and the impact of this on the use of the land for agriculture.

Not applicable

Environmental issues

o The impact of the proposal on the natural physical features and resources of the area, in

particular on soil and water quality.

o The impact of the use or development on the flora and fauna on the site and its surrounds.

o The need to protect and enhance the biodiversity of the area, including the retention of

vegetation and faunal habitat and the need to revegetate land including riparian buffers along

waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area.

o The location of on-site effluent disposal areas to minimise the impact of nutrient loads on

waterways and native vegetation.

These issues have been previously referred to in the policy context.


Design and siting issues

o The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural

uses and to minimise the loss of productive agricultural land.

o The impact of the siting, design, height, bulk, colours and materials to be used, on the natural

environment, major roads, vistas and water features and the measures to be undertaken to

minimise any adverse impacts.

o The impact on the character and appearance of the area or features of architectural, historic or

scientific significance or of natural scenic beauty or importance.

o The location and design of existing and proposed infrastructure including roads, gas, water,

drainage, telecommunications and sewerage facilities.

o Whether the use and development will require traffic management measures

Refer to accompanying Traffic Management Report.

Refer to accompanying Amenity Impact Assessment.

5.2 Earth and Energy Resources Industry

Earth and Energy Resources Industry 52.08

Purpose:

• To encourage land to be used and developed for exploration and extraction of earth and energy

resources in accordance with acceptable environmental standards.

• To ensure that mineral extraction, geothermal energy extraction, greenhouse gas sequestration

and petroleum extraction are not prohibited land uses.

• To ensure that planning controls for the use and development of land for the exploration and

extraction of earth and energy resources are consistent with other legislation governing these

land uses.

Environmental standards have been assessed as part of the approval by the EPA of the WAP.

5.3 Stone Extraction and Extractive Industry Interest Areas

Stone Extraction and Extractive Industry Interest Areas 52.09

Purpose

• To ensure that use and development of land for stone extraction does not adversely affect the

environment or amenity of the area during or after extraction.

• To ensure that excavated areas can be appropriately rehabilitated.

• To ensure that sand and stone resources, which may be required by the community for future

use, are protected from inappropriate development.

Refer to accompanying Amenity Impact Assessment and Work Plan.

52.09 Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, responsible

authority must consider, as appropriate:

• The effect of the proposed stone extraction on any native flora and fauna on and near the

land.


• The impact of the stone extraction operations on sites of cultural and historic significance,

including any effects on Aboriginal places.

• The effect of the stone extraction operation on the natural and cultural landscape of the

surrounding land and the locality generally.

• The ability of the stone extraction operation to contain any resultant industrial emissions

within the boundaries of the subject land in accordance with the Regulations associated with

the Mineral Resources (Sustainable Development) Act 1990 and other relevant regulations.

• The effect of vehicular traffic, noise, blasting, dust and vibration on the amenity of the

surrounding area.

• The ability to rehabilitate the affected land to a form or for a use which is compatible with the

natural systems or visual appearance of the surrounding area.

• The ability to rehabilitate the land so it can be used for a purpose or purposes beneficial to

the community.

• The effect of the proposed stone extraction on groundwater and quality and the impact on

any affected water uses.

• The impact of the proposed stone extraction on surface drainage and surface water quality.

• Any proposed provisions, conditions or requirements in a work plan that has received

statutory endorsement issued under the Mineral Resources (Sustainable Development) Act

1990.

These issues have been previously referred to in the policy context and are specifically addressed

within the relevant consultant reports accompanying the application and the WAP.

52.09-7 Requirements for the use and development of land for Stone extraction

Boundary setback

Except with a permit, no alteration may be made to the natural condition or topography of

the land within 20 metres of the boundary of the land. This does not apply to driveways,

drains, bund walls or landscaping.

Screen planting

Shrubs and trees must be planted and maintained to screen activity on the site to the

satisfaction of the responsible authority.

Parking areas

Parking areas must be provided for employees’ cars and all vehicles used on the site to the

satisfaction of the responsible authority.

No quarrying works are proposed within 20 metres of title boundaries.

Parking and vehicles will be provided within the quarry floor.

Screen planting is not proposed for this particular quarry, for reasons stated by applicant. As activity

will not be visible from the site this could be considered an acceptable outcome.


6.0 SUMMARY AND RECOMMENDATIONS

In considering the various state and local planning policy and Moyne Shire’s Municipal Strategic

Statement, including the purpose of the Farming Zone and the purpose of the particular provisions for

Stone Extraction, the proposal to extend the quarry is appropriate.

Amenity is an important consideration and ensuring the required standards for amenity are met will

require ongoing commitment by the quarry operator and should be captured in permit conditions for

clarity. Consideration should be given to permit conditions addressing:

• Design of the rehabilitated southern slope and its final appearance;

• Road safety treatments and works as recommended in the Traffic Impact Assessment,

particularly responsibility and timeline;

• Dust monitoring and suppression of the access road;

• Noise monitoring for works at the southern extent;

• Ensuring plant operation is restricted to daytime periods as described in the EPA Guideline

Noise from Industry in Regional Victoria (NIRV) (Publication 1411) (7.00am – 6.00pm Monday to

Friday, 7.00am – 1.00pm Saturdays).

A range of permit conditions will ensure the recommendations of the various reports are adhered to

for the life of the quarry, such as those in relation to Aboriginal Cultural Heritage sites, and site

rehabilitation to enable the land to revert to agricultural purposes in the future, consistent with the

purpose of the Farming Zone.

The quarry provides access to stone resources which are of value in the community. Planning policy

supports the economic benefit and value provided by these types of industry provided the amenity

and environment are protected in the locality. Based on the available information, there does not

appear to be any detrimental factors which would weigh the balance of competing policy towards

environmental and amenity protection at the extent that the quarry should be excluded at the

Cairnlea site.


7.0 APPENDICES

7.1 South Western Landscape Assessment Study (SWLAS) - Significant Landscape 1.1

– Southern Cones




Documents

W.A. Molan & Sons Proposed Quarry Planning Policy Assessment … · 2018-04-23 · W.A. Molan & Sons Proposed Quarry Planning Policy Assessment 118 Cairnlea Lane, Mortlake November