Thursday, June 1, 2017

Additional Grain Storage Regans Ford

Proposed Additional Grain Storage Bins Lot 10 Dandaragan Road, Regans Ford
Applicant: Cooperative Bulk Handling
Folder Path: Development Services Apps / Development
Applications / 2017 / 15
Disclosure of Interest: None
Date: 9 May 2017
Author: Manager of Planning
Senior Officer: Deputy Chief Executive Officer

PROPOSAL The proponent is seeking planning approval for additional grain storage bins (Industry - rural) at Lot 10 Dandaragan Road, Regans Ford.


BACKGROUND This applicant is seeking approval to construct an additional two grain storage open bulkheads at the Regans Ford Grain Receival Depot.
The zoning of Lot 10 Dandaragan Road under Local Planning Scheme No.7 is “Rural” The objective of the rural zone in the Scheme is;
To provide for a range of rural activities such as broadacre and diversified farming so as to retain the rural character and amenity of the locality, in such a way as to prevent land degradation and further loss of biodiversity.
The land use class that most closely aligns with the proposed development is “Industry- rural”. Which is an “A” use under the Rural Zone in the Scheme. ‘A’ means that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with the Scheme. There are no specific development requirements for this land use under the Scheme.

COMMENT The proposal is for additional grain storage bins at the subject site and will be constructed adjoining an existing similar open bulkhead. The proposed additional bins are complimentary to the existing land use on this site.
There is however likely to be additional heavy (grain) truck and road train movements along Dandaragan Road as a result of the increased grain storage potential.
Whilst there is a deceleration lane on the entry (north) side of Dandaragan Road for vehicles travelling down the hill, there is no similar acceleration lane at the exit on Dandaragan Road for vehicles heading either south or north.
This section of road has limited passing opportunities for cars with double white lines.

CONSULTATION The proposal was advertised to the surrounding landowner until 22 May 2017. Should any submissions be received after the writing of this report, these will be forwarded to Councillors for consideration. It is noted that there is only one surrounding land owner on both sides of Dandaragan Road.

STATUTORY ENVIRONMENT Local Planning Scheme No 7

POLICY IMPLICATIONS There are no local policy implications relevant to this item.

FINANCIAL IMPLICATIONS The applicant has paid a standard planning application fee of $3,520.

STRATEGIC IMPLICATIONS 2016 – 2026 Strategic Community Plan Goal 1: Great Place for Residential and Business Development Objectives How the Shire will contribute 1.2 Ensure effective and efficient development and building services a) Process development applications and undertake building regulation functions and services Goal 5: Proactive and Leading local Government Objectives How the Shire will contribute 5.6 Implement sound corporate governance and risk management h) Maintain and implement up to date policies and procedures (including delegations)

ATTACHMENTS Circulated with the agenda are the following items relevant to this report:
§ Plans (Doc Id: 90591)
§ Location Plan (Doc Id:90590) (Marked 9.4.1)

VOTING REQUIREMENT Simple Majority

OFFICER RECOMMENDATION That Council grant planning approval to Cooperative Bulk Handling for additional Grain Storage Bins at Lot 10 Dandaragan Road, Regans Ford subject to the following condition:
1. All development shall be in accordance with the attached approved plans dated 26 April 2017 and subject to any modifications required as a consequence of any conditions of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the local government.
2. Prior to commencement of site works, the Applicant shall to the reasonable satisfaction of the Shire of Dandaragan quantify the impact of the additional (heavy vehicle) traffic on Dandaragan Road and any road upgrading / widening and / or maintenance that is required as a result of the increased traffic, then contribute towards the cost of that upgrading / widening and / or maintenance to the satisfaction of the Shire of Dandaragan.

Advice Notes: The applicant be advised that “should you be aggrieved by this decision, or any conditions imposed, there is a Right of Review under the Planning and Development Act 2005. An application for Review must be submitted in accordance with Part XIV of the Planning and Development Act within 28 days of the date of this decision to:


The State Administrative Tribunal GPO Box U1991 PERTH WA 6845”

Friday, March 31, 2017

Emu Downs Solar Farm

Construction set to begin on Emu Downs solar farm

Construction is set to begin at Emu Downs Wind Farm of a Solar Energy programme on Western Australia’s first co-located solar farm following the signing of a funding agreement with the Australian Renewable Energy Agency.


Link to article here 

The Emu Downs Solar Farm will be co-located with wind turbines and is one of 12 new large scale solar projects around Australia supported by ARENA through its large-scale solar competitive round.

The Emu Downs Solar Farm is being developed by APA Group and is expected to produce enough energy to power 6,700 homes and create an estimated 100 jobs during construction, mostly in the local region.

ARENA CEO, Ivor Frischknecht, said ARENA’s support for Australia’s large-scale solar industry meant solar plants like Emu Downs would be cheaper to build and provide efficient electricity to Australians.

“Emu Downs Solar Farm would not have been viable just a few years ago,” Mr Frischknecht said.

“ARENA has been instrumental in driving down the cost of building a solar farm in Australia since it was established in 2012.

“The ARENA funding ask for big solar projects has dropped significantly from half of total project costs to just 10 per cent on average. In this latest funding round, every dollar of ARENA funding is leveraging $10 from other sources.”

Mr Frischknecht said this price drop made solar farms attractive to investors, as evidenced by the fact that ARENA’s $92 million large-scale solar program has leveraged $1 billion of investment in the 12 farms, which together will triple Australia’s large-scale solar capacity.

“This new generation of solar farms is also proving to be attractive to energy retailers. I’m delighted that Emu Downs Solar Farm has entered into a 13-year power purchase agreement to sell electricity and generation certificates to energy retailer, Synergy,” Mr Frischknecht said.

The agreement is for Synergy to purchase both the energy and the Large-scale Renewable Generation Certificates (LGCs) from the Emu Downs Solar Farm for 13 years from January 2018.

APA Group Managing Director, Mr Mick McCormack, said, “It is pleasing to be able to announce this project, which is the type of energy infrastructure asset that APA will continue to invest in.

“The Emu Downs Solar Project forms part of the execution of our growth strategy in the renewables power generation asset class. The expansion of APA’s existing Emu Downs Wind Farm with the complementary solar generation makes logical and financial sense both from a power generation profile, as well as sharing transmission connection infrastructure.

“Funding from ARENA also demonstrates the innovative and viable business model of the project that will help Australia transition to a cleaner energy future.”

Boosting regional economies

Mr Frischknecht said the six plants in Queensland, five in New South Wales and one in Western Australia funded as part of the large-scale solar round would be a huge boost to regional economies with the projected creation of around 2,300 direct jobs and thousands more indirect jobs.

“It demonstrates that along with support increased solar installation, the ARENA effect is bringing down costs faster and fostering growth in Australia’s renewable energy sector,” Mr Frischknecht said.

Mr Frischknecht said the Emu Downs Solar Farm was joining the growing number of co-located Australian wind and solar projects.

“It will share a transmission connection and facilities with APA’s existing 80MW Emu Downs Wind Farm. This approach saves money on grid connection, approvals and site development and reduces environmental impacts,” Mr Frischknecht said.

“Solar and wind are complementary renewable energy sources. As solar generates energy during the day, wind farms tend to generate more power overnight in WA, co-locating wind and solar delivers more continuous energy generation and makes good business sense.

“Across the board, the move to co-location of wind and solar means solar plants can be rolled out more quickly and cheaply across the country. A recent ARENA-supported study found there’s an estimated 1000MW of potential opportunities to add solar alongside existing wind farms –  that’s enough to power 700,000 homes.”

Emu Downs Solar Farm is expected to be completed in January 2018.

Saturday, March 18, 2017

Proposed Intensive Piggery

Joint Development Assessment Panel – Proposed Intensive Piggery – Lot 3616 Agaton Road Dandaragan


Location: Lot 3616 Agaton Road, Dandaragan
Applicant: Westpork Pty Ltd
File Ref: Development Services Apps / Development Applications / 2017/01
Disclosure of Interest: None
Date: 8 March 2017
Author:  Manager of Planning
Signature of Author:
Senior Officer:  Deputy Chief Executive Officer
Signature of Senior Officer:

PROPOSAL 
The applicant is seeking planning approval for an intensive piggery located on Lot 3616 Agaton Road, Dandaragan. This application is required to be determined by the Regional Development Assessments Panel (Midwest/Wheatbelt JDAP).

BACKGROUND
Lot 3616 Agaton Road is located in the Shire of Dandaragan and borders the Shire of Moora.
It is located on the east side of Agaton Road approximately 8km north of its junction with North West Road (Badgingarra / Moora Road).
The site is located 16 km northwest of the Moora town-site and 22 km northeast of the Dandaragan town-site and the Redgum Village, north of Perth.
The lot comprises 1481 ha and is currently used for low intensity cattle farming with around 250 head of cattle and seasonal cropping, wheat and lupins.
These uses will continue alongside the piggery.
Westpork has entered into an agreement with the previous owners of the property - Aumin Pty Ltd – to lease back the land not used by the piggery.
Westpork is seeking Planning Approval for Module 1 (Moora 1) and Module 2 (Moora 2) under the Shire of Dandaragan Local Planning Scheme No 7. Moora 1 and Moora 2 will have the capacity to house approximately 68,000 pigs.
Longer term site planning provides for a third Module with the capacity for a further 34,000 pigs. Approval for Module 3 (Moora 3) will be subject of a future Application.
Lot 3616 is zoned “Rural” under the Shire of Dandaragan Local Planning Scheme No 7 – District Zoning Scheme.
The proposed use of a Piggery falls under the Use Class of “Animal Husbandry – Intensive” which is identified in the Zoning Table as a “D” (discretionary) Use. Whilst the application does not require advertising under the Scheme, shire staff were of the view that the proposed scale of the development would potentially have a significant impact on surrounding landowners and therefore warranted advertising seeking community comment. Section 5.3.4 “Avoiding land use conflict” of the 

December 2016 draft local planning strategy states that

Registering of notifications on land titles alerting surrounding landowners to amenity impacts may also be needed to limit potential future land use conflicts. Those purchasing land will be made aware that living in or close to an agricultural area may impinge on their quality of lifestyle.

The proposed piggery is consistent with the Shire’s current Local Planning Strategy – “Rural Land Use and Rural Settlement December 2012 as well as the advertised draft Local Planning Strategy – December 2016 being within an area identified for Rural purposes to accommodate a range of rural pursuits including intensive agricultural production. The proposed piggery is also consistent with State and Regional Strategies.
Most properties in the locality are cleared and used for grazing and cropping including those to the immediate south, west and north. The land to the immediate east and south-east comprises a large area of bushland.
The locality of the site is also experiencing intensification of agricultural pursuits with two citrus farms on Agaton Road and Prices Road.
There are three residences within 2km of the site.
The proposed piggery is a “Farrow to Finish” (breeding to finish) operation and comprises two “modules”, one situated adjacent to the central northern boundary (Moora 1) and the second situated adjacent to the central southern boundary (Moora 2). Each module will comprise a series of prefabricated modular sheds to accommodate the animals through their various stages of growth. The piggery will be operated as a high animal health facility with restricted access to other than piggery staff.
A small Office building including kitchen, toilet and shower facilities will be constructed. The construction of Moora 1 and Moora 2 will be staged with Moora 1 commencing as soon as practical after approvals with Moora 2 following on completion of Moora 1. The wastewater systems to each module will be similarly staged.
Each piggery module will have its own solid waste separation and wastewater pond system with no wastewater discharge to the environment. Pre–treatment of the effluent will be by Fan Separator to separate the solids from the liquids. Wastewater from each piggery module will flow into settlement traps before entering an anaerobic pond. The effluent discharged from the anaerobic pond then enters a facultative pond with the treated effluent finally being discharged to an evaporation pond.

All traps, ponds and channels will be fully lined and the ponds have been sized using real daily Bureau of Meteorology data to ensure adequate freeboard in extreme rainfall events.
Solid manure wastes from the Fan Separator will be applied to the site in the ‘reuse area’ in accordance with a Nutrient Management Plan (NMP). Solid waste from the trenches and pond systems will be exported off site to an approved disposal location.
Animal carcasses and inert waste generated will be disposed of on-site in an appropriate manner (Burial).
Westpork has been granted a water allocation of 889,140 kL per annum for the site by the Department of Water subject to the completion of a H2 assessment.
Under the Shire of Dandaragan Local Planning Scheme No.7 Agriculture Intensive, Agroforestry, and Animal Husbandry Intensive which are located in a Public Drinking Water Supply Area, the local government will have due regard to the potential impact on groundwater quality.

Scheme Clause 4.21 PROTECTION OF WATER SOURCES

4.21.1 Public Drinking Water Source Reserves

Public Drinking Water Reserves are located close to existing townsites and are covered by Water Source Protection Plans prepared by the Water and Rivers Commission (now Department of Environment and Conservation - DEC). Guidelines are available from DEC which establish whether a proposed use is compatible, incompatible or could be approved with conditions to protect water quality and supply.
In considering any development within a Public Drinking Water Source Area (PDWSA) Council will have due regard for the potential impact on water supplies and the compatibility of the proposed use. Any development in conflict with the DEC guidelines must be a referred to DEC for comment to ensure water quality protection of the public drinking water reserves.

The Moora townsite draws its water from bores located in the Shire of Dandaragan approximately 10 km south of the proposed piggery. It is noted that PDWSA for the Moora bores is a relatively small area covering the bores only. The proposed piggery is 10km distance from the PDWSA.
4.21.2 Groundwater Areas

Groundwater protection areas have been established by the Water and Rivers Commission (now DEC) known as the Jurien Groundwater Area and Gingin Groundwater Area.
Landowners and developers are required to obtain a licence prior to the construction of a bore or well on any property for groundwater extraction except for stock or domestic purposes.
The Department of Environment Regulation, Department of Parks and Wildlife (both the previous DEC) and Department of Water have been consulted on this application.

COMMENT
The Shire and WAPC have adopted the Local Planning Strategy – Rural Land Use and Settlement 2012 (the Rural Strategy) which provides guidance to Council in assessing this type of application.
The following considerations are taken directly from the Rural Strategy and comments provided on each consideration.
Note - Council is presently advertising a new Local Planning Strategy that will replace the current abovementioned Strategy. The draft new Strategy contains the same matters in both versions of the Strategy to be taken into account when considering this application.

Local Planning Strategy – Rural Land Use and Settlement
APPENDIX 2 INTENSIVE AGRICULTURE PLANNING CONSIDERATIONS WHEN ASSESSING A PLANNING APPLICATION FOR INTENSIVE AGRICULTURE
When Council is considering an application for either Agriculture – Intensive, Agroforestry, Animal Husbandry Intensive and Aquaculture it will take into account the following matters;

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

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

The applicant has advised that;
A Traffic Impact Assessment of the proposed piggery has been undertaken by Shawmac Traffic Engineers [Appendix 2]. The Assessment, which was based on construction and operation of all three modules, concluded that:
The predicted traffic generation from the site for all three modules is 86 vehicles per day. Delivery trucks will travel south via Agaton Road, North West Road, Dandaragan Road and across to Moora Townsite
Expected average increase in traffic using these roads will not adversely impact the operation of the existing road network.

Sight distances at the Agaton Road / North West Road intersection are considered to be satisfactory, except the truck Entering Sight Distance from Agaton Road. This will require some clearing of roadside vegetation or the installation of an intersection warning sign
No modifications are considered necessary to the intersection of Agaton Road and North West Road Crash history for five years to December 2015 for the Agaton Road / North West Road intersection indicated a total of five crashes; two involved animals and three involved trees
The overall development will be serviced by two access points on Agaton Road and there is clear sight distance in both directions from the proposed access locations to vehicles travelling along Agaton Road and there are no anticipated safety issues; and
The required car parking provision will be in accordance with Shire of Dandaragan Car Parking Policy and Australian Standards AS2890.1.

Preliminary discussions between Westpork and representatives of the Shire of Dandaragan and the Shire of Moora indicated a willingness on the part of both Shires to seek government funding for the upgrade of Agaton Road to a 9m sealed surface.
The Shires view the sealing of Agaton Road as beneficial not only to the piggery but also Agrifresh as well as being a means of attracting further development and particularly intensive agricultural projects to the area.

Shire staff comment:
The last traffic count data collected along Agaton Road was in June 2015 for a period of 67 days including an average daily traffic of 27 vehicles per day. The proposed piggery application indicates an increase from 27 vehicles per day to 113 vehicles per days along Agaton Road.
Under Main Roads WA’s Heavy Vehicle Operations Agaton Road is a local access rate that is Conditionally Rated as Restricted Access Vehicle (RAV) Networks 3 – 6, with the following conditions “no operation on unsealed road segment when visibly wet, without road owner's approval. Not to be used as a through route. For local delivery and pickup only. Driver must carry documentation as proof of local delivery or pickup”.
Agaton Road is also subjected to traffic commuting to and from the Agrifresh operations at various locations along this road. Ongoing maintenance and renewal issues have been prevalent along this road, especially during wet weather as well as heavy haulage during the drier summer months. Renewal activities in the past few years have included gravel re-sheeting with 150mm of gravel along at least 12 kilometres of road in a northerly direction from the North West Road intersection in an effort to improve the road condition.
Agaton Road, like any gravel road, remains susceptible to deterioration associated with increased travel movements, especially increased heavy haulage. Shire staff have concerns regarding the ongoing conditions of this road with the proposed increased traffic movements. The condition of the road will need to be monitored and potential methods for funding of expected increased maintenance and renewal costs will need to be investigated.

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

There is not expected to be any significant land use conflict between existing and proposed use from things such as spray drift or smoke.

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

The applicant has advised that; Four bores have been installed around the Stage 1 (Moora 1) wastewater treatment system and will be monitored. The parameters proposed to be monitored are sufficient to detect impacts from any potential leaks from the anaerobic and evaporative ponds. Water samples will be collected in accordance with AS/NZS 5667.1–1998. Samples will be analysed at a National Association of Testing Authorities (NATA) accredited laboratory for the analysis undertaken.

An additional four bores will be installed around the Stage 2 (Moora 2) wastewater treatment system during construction of this system.
Daily visual inspections of the drainage lines will be undertaken to check for spills and leaks. Any spill or leak will be cleaned up immediately, and the cause of the spill or leak investigated and rectified. The wastewater treatment system will be regularly monitored, at least every second day to ensure any pipe blockages are detected and cleared. Any preventative measures or corrective actions will be documented and included in the Annual Environmental Report submitted to DER.

Regular visual inspection of the burial pit will be undertaken to check for exposed carcasses. Contingency measures will be undertaken if required.
The Department of Water are providing additional information on this issue, initial comments are that the proposal can be managed so as not to impact on ground and surface water.

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

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

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

the nature and capability of the land;

The applicant has advised that;
The Nutrient Management Plan (NMP) documents site conditions and investigations regarding the volumes and quality of effluent that can be sustainably applied to the site [Attachment 2]. Consideration of site conditions and incorporation of policy and guideline recommendations for spreading of manure indicate that with suitable management, the site is suitable for the spreading and assimilation of manure.
It is proposed to spread manure from the operation which has been pre-treated via a screw press to remove liquids. Sludge from the sedimentation trenches and basins will not be applied on site, but will be exported for use by a third party. Material treated via the screw press will be applied to a 1,236 ha reuse area being 83% of the site.

Volumes to be applied have been calculated conservatively to ensure sustainability of the operation based on soil conditions, depth to groundwater and proposed use. The reuse area will be split into two 618 ha areas with these areas used alternately on an annual basis for application of the screw press solids.
The nutrient loading of the proposed reuse areas have been designed to benefit the grazing and cropping operation on the farm, without negatively impacting on neighbours and the environment.

availability and adequacy of water supply;

The applicant has advised that;
Westpork has been granted a water allocation for the site by the Department of Water (Geraldton branch) subject to the completion of a H2 assessment. In accordance with the requirements of the H2 assessment drilling on the property has commenced and due for completion mid-December, with the final report and water allocation being confirmed in early 2017. Westpork expect to have access to 889,140 kL per annum. Westpork will be granted a Licence to Take Water from Department of Water under the Rights in Water and Irrigation Act 1914.

sensitivity of adjacent land uses;

There are two significant issues that may impact neighbouring residents, these being odour and noise. Each is addressed separately by the applicant below;
The generation of odour impacts is directly related to the strength or odour concentration associated with the source, its characteristics (if it is offensive or pleasant), frequency of occurrence, and duration of exposure and also the size of the odour source. The extent to which odour becomes a nuisance to a neighbour is also related to the separation distance between the source and the neighbour.

The main odour sources from the proposed piggeries are:
§ Pig sheds – Dirty pigs smell as their body warmth encourages anaerobic breakdown of the manure on their skins
§ Solids separated from the fan separator – wet manure generates odour; and
§ Treatment ponds and mainly the anaerobic ponds, although the aerobic/evaporation ponds can become odourous if they are overloaded.

A Level 1 odour impact assessment in accordance with DER’s Draft Separation Distances Guidance Statement has been undertaken to determine the appropriate buffer distances to each module of the proposed piggery.
The assessment is based on the number of Standard Pig Units, the odour potential having regard for waste treatment and management systems, the potential dispersion and the terrain and has been calculated at 2.5km from each piggery unit.

Based on calculated buffer distance of 2.5km, Moora 2 is compliant with this recommended buffer distance whereas Moora 1 intersects a residence located at 831 Agaton Road (Lot 3615), approximately 1.7 km west from the activity boundary and a residence located at 1126 Agaton Road (Lot 3611), approximately 1.9 km north from the activity boundary. The site is well buffered from the rural township of Moora, and from other surrounding rural residential receptors.
Consultation with the owners of the two rural residential properties located to the west and north of Moora 1 has confirmed that these properties are vacant and may be used occasionally, but are not the primary residences of the owners.

The residence to the north of the property is occasionally used by the owners when they tend to their general farming duties at the property. The owners’ principle address is in Middle Swan.
The residence to the west is currently vacant. The owners reside on the eastern side of Moora. Westpork intends approaching the owners with the object of leasing the residence for personnel working at the piggery.

Regardless of the occupancy status of these properties, best practice odour control measures as outlined in the planning report will be implemented:
Noise sources from an operational piggery are:

Operation of pig sheds, specifically ventilation fans (small, medium or large). The sound power levels of the different fans were measured at Westpork’s Mindarra piggery (Gingin) and were 84 dB (A) (small and medium fans) and 89 dB (A) (large fans). Pigs – Moving of the pigs within the finishing shed by operators causes them to squeal or grunt at a sound power level of 80 dB (A).
Noise modelling of these sources was undertaken by Herring Storer Acoustics. A night time operating scenario was modelled, as this represents periods of worst case noise emissions for Westpork.

This scenario was highly conservative as it:

1. assumed all fans on all sheds were operating at all times, where in reality during the night most fans would not be operational, as the ventilation system is designed for peak heat periods during hot summer days, with fans progressively shutting down during the evening or not be operational at all during winter.
2. assumed for each shed, pig squeal noise was emitted, where in practice workers rarely move pigs at night, and therefore pigs would be undisturbed and unlikely to squeal/grunt.
The modelling report indicates noise levels received at the nearest neighboring premises would comply with the Environmental Protection (Noise) Regulations 1997 under a night time (worst case) scenario. The noise level experienced at these noise sensitive receptors would range from 11 to 26 dB (A) which complies with the applicable LA10 assigned noise level of 35 dB (A).
The piggeries will be operated to comply with the Environmental Protection (Noise) Regulations 1997. Routine observations and inspections will be undertaken in regard to noise. Onsite management will be informed of the results of inspections and observations and will implement contingency actions to ensure compliance with Environmental Protection (Noise) Regulations 1997.

If complaints suggest that noise impacts are occurring a site inspection will immediately be conducted to determine the source. If the source can be readily addressed this will be rectified and action taken to prevent a recurrence. If the source requires changes in the design or management of the piggeries to be addressed the facility production rate will be reduced to the extent necessary to prevent noise impacts while the design change is implemented. Westpork will advise the complainant of the corrective action taken and the preventative measures proposed to prevent future disturbance to the complainer.
 Due to non-constant nature of the noise sources, and the distance to the nearest residence (1.7 km away from the activity boundary), it is unlikely the amenity of residences will be significantly impacted. The risk is considered to be low
.

remnant vegetation and wetland protection requirements;

The applicant has advised that;
The site is located in the Swan Coastal Plain biogeographical region and within the Dandaragan Plateau sub-region which is characterised by Banksia low woodland, Jarrah-Marri woodland, and by scrub-heaths.
Most of the lot has been cleared for grazing save for a small area of remnant vegetation along the eastern boundary and isolated paddock trees.
No Threatened Ecological Fauna Communities or Priority Ecological Fauna Communities occur on the site.
There are no identified wetlands and watercourses on the property other than the single circular lake feature in the vicinity of the eastern boundary of the site which appears to be surface expression of the groundwater located in a topographic depression

crop rotation and/or specific land management requirements;

Not applicable to this application.

any particular infrastructure layout or transport access requirements;

Previously discussed under Services and infrastructure above

the requirement for permission to use ground and surface water;

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

emonstrate the existing pre-development hydrological regime will be maintained or enhanced where possible;

The applicant has advised that;
The site is located within the Nambung River catchment and the Nambung/Cataby Coastal Tributaries subarea.
The site is located within the Department of Water proclaimed Jurien Groundwater Area, bounded by Moora to the south, the Indian Ocean to the west, Watheroo in the east and the Arrowsmith Groundwater Area in the north. Within the Jurien Groundwater Area, the site is situated in the Dinner Hill subarea. Several aquifers underlie the Dinner Hill subarea. The site is not within a Public Drinking Water Supply Area.
Four groundwater bores were installed in April 2016 and show a depth to groundwater varying between 14m to 15m across the  site. The lake located on the eastern portion of the site is sitting at approximately 235 mAHD, and therefore is likely to be an expression of groundwater. Groundwater flow is generally from east to west.

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

The applicant has advised that;
A Level 1 odour impact assessment in accordance with DER’s Draft Separation Distances Guidance Statement has identified a calculated buffer distance of 2.5km.
Moora 2 is compliant with this recommended buffer distance.
Moora 1 intersects a residence located at 831 Agaton Road (Lot 3615), approximately 1.7 km west from the activity boundary and a residence located at 1126 Agaton Road (Lot 3611), approximately 1.9 km north from the activity boundary. Based on consultation with the owners of these two rural residential properties the properties are vacant, and may be used occasionally, but are not the primary residences of the owners.

Regardless of the occupancy status of these properties, best practice odour control measures will be implemented which Westpork believes minimise the risk of adverse impacts on amenity of residents.
The Shire of Dandaragan Local Planning Strategy – Rural Land Use and Rural Settlement 2012 provides the following minimum buffer between piggeries and residential use.
Piggery 300m – 500m depending on size of operation and neighbouring land use - refer Dept. of Agriculture guidelines (Latto et al 2000)

the development impacts can be managed on site;

The applicant has advised that;
Given the site is within a rural area, there are few residences, substantial buffer distances to sensitive uses, construction activities at the site will be of limited duration and the proposed management measures including dust suppression and construction activities being limited to 7am and 5pm on weekdays, and between 7am and 2:30pm on Saturdays (no construction on Sundays); the risk of affecting the nearby premises is considered low.
The proposed treatment system is a closed system, with no wastewater discharge to the environment as all traps, channels and ponds will be fully lined. Based on detailed modelling, the proposed wastewater treatment system will have sufficient capacity to treat and hold wastewater generated from the piggeries including under extreme rainfall events. Westpork is an experienced operator with a good environmental management record as evidenced by their existing operations. Therefore the risk to groundwater and surface water quality is low.

The following solid waste management measures and depth to groundwater, will ensure the risk to groundwater is low:
• Manure will be applied to the reuse area in accordance with the Nutrient Management Plan for takeup by seasonal crops
• The burial pits at least 2 m above the groundwater table will be used to dispose of pig carcasses. Carcasses buried onsite will be covered with at least 500mm of soil; and
• No hazardous materials (e.g. batteries) will be placed in the rubbish pit.
Four bores have been installed around the Stage 1 (Moora 1) wastewater treatment system and will be monitored. An additional four bores will be installed around the Stage 2 (Moora 2) wastewater treatment system during construction of this system.
A Level 1 odour impact assessment in accordance with DER’s Draft Separation Distances Guidance Statement has identified a calculated buffer distance of 2.5km.
Moora 2 is compliant with this recommended buffer distance.
Moora 1 intersects a residence located at 831 Agaton Road (Lot 3615), approximately 1.7 km west from the activity boundary and a residence located at 1126 Agaton Road (Lot 3611), approximately 1.9 km north from the activity boundary. Based on consultation with the owners of these two rural residential properties the properties are vacant, and may be used occasionally, but are not the primary residences of the owners.

Regardless of the occupancy status of these properties, best practice odour control measures will be implemented which Westpork believes minimise the risk of adverse impacts on amenity of residents.
Noise modelling indicates that noise levels received at the nearest neighbouring premises from the piggery would comply with the Environmental Protection (Noise) Regulations 1997 under a night time (worst case) scenario. Due to the non-constant nature of the noise sources within the piggery, and the distance to the nearest residence (1.7 km), it is unlikely the amenity of residences will be significantly impacted.

A BAL Assessment of the proposed piggery considered all three modules and concluded that the determined Bushfire Attack Level (highest BAL) is BAL–12.5.
The Assessment concluded that the siting and design of each of the three modules is appropriate to the level of bushfire threat that applies to the site.
Fire prevention measures to be implemented at the piggery include firebreaks around the property, on-site firefighting equipment, large above ground storage of firefighting water and firefighting training for onsite personnel.

Any fires that start on the premises should be managed within minutes of starting. The site is currently not staffed on a routine basis so the presence of the piggeries will provide a permanent on-site presence to allow a more rapid fire response. The risk is considered very low.
The development should not significantly detract from any scenic landscape and/or conservation attributes identified in the locality;

The applicant has advised that;

The site of the proposed piggery is located within an area that is open rural and, for the most part, cleared for cropping and grazing. The landform is generally mildly to moderately undulating and as a consequence sections of the buildings forming part of Moora 1 and Moora 2 will be occasionally visible from locations along Agaton Road.
The buildings forming each module are typically rural in design and scale and consistent with other buildings in the locality including those of the two citrus operations.
Agaton Road is a rural access road and primarily utilised by owners and residents and farm workers of local properties. The eastern road verge to Agaton road for the most part is well vegetated and generally offers good screening into adjacent properties.
Further, the proposed piggery is consistent with Council’s longer term planning objectives for the locality and specifically the continuing encouragement of commercial agricultural production including intensive agricultural production.
Given the rural location, undulating landform, rural scaled buildings, limited and local traffic, verge screening and long term planning objectives for the locality; it is considered that the proposed piggery is consistent with the visual and landscape qualities of the locality.

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

This has been discussed in separation buffers and distances above.
It is noted that it is unlikely that urban expansion would occur in proximity to this proposal. There is an exploration mining licence 70/3988 over the land (and surrounding land areas). However this is unlikely to conflict with the land use.

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

The applicant has advised that;
Disposal of carcasses
It is estimated that approximately 212 t per annum of dead pigs and afterbirth will require to be disposed of from each module (i.e. site total of 424 t per annum), to the associated burial pits [Figure 4 : Site Plan]. Dead pigs will be removed by front end loader and deposited directly into the pits.
The base of the pits will be a minimum of 2m above the maximum water table and the carcases will be covered with 500mm of sand/clay stockpiled adjacent to the pits.
There may be additional comments/recommendations added by the officer to the JDAP report should additional environmental information as detailed above be provided prior to the JDAP meeting.

CONSULTATION
Note – Under Local Planning Scheme No.7 the use is not an “A” use, and therefore did not require advertising. However given the scale of the project, it was felt that this matter should be put to the community for comment.
Advertising closed on 22 March in order to give sufficient time for comment. The Scheme requires 14 days, however this was extended out to a month due to publication dates of local newspapers and to give neighbours more time to make a response. The JDAP report is due by 20 April at the latest and the next Council meeting is on 27 April. Therefore the matter is put to this Council meeting with minimal time to consider submissions.

The proposal was advertised on the Shire website and in the following local newspapers circulating within the district
Geraldton Guardian
Northern Valley Times
Shire Matters in Red Gum (Dandaragan townsite)
§ Environmental Protection Authority
§ Department of Agriculture and Food (Moora and Geraldton)
§ Department of Environment Regulation
§ Department of Parks and Wildlife (Jurien Bay and Geraldton)
§ Department of Regional Development and Lands
§ Department of Health
§ Department of Water (Perth and Geraldton)
§ Water Corporation
§ Shire of Moora – Mr Peter Williams
§ Surrounding land owners within at least 10km (from 27 February) and
§ Shire Officers

In addition to this advertising, the applicant has advised that;
Westpork has consulted with and discussed the proposal with the owner of the vacant residence located at 831 Agaton Road, approximately 1.7 km west from the piggery activity boundary. The owner, who does not reside at this residence, had no comments or issues with the piggery being located at 898 Agaton Road.
The residence to the north is an absentee owner with their principal residence being in Middle Swan. Westpork will refrain from spreading manure close to their boundary when they are staying / working at the farm.

The owners of the property to the north-west were also consulted and are supportive of the proposed piggery as they see the import of solid waste from the piggery as an oppourtunity to significantly improve their soils and crop productivity.
Agrifresh have been consulted and are supportive of the proposal. The Paulownia farm was consulted but made no comment.

Westpork has also consulted with both the Shire of Dandaragan and Shire of Moora as part of the initial scoping and planning exercise. Both Shires were highly supportive of the proposed development.

STATUTORY ENVIRONMENT
§ Local Planning Scheme No 7

POLICY IMPLICATIONS
State Planning Policy 2.5 - Rural Planning.

Section 5.8 Intensive agriculture
Intensive agricultural products are important contributors to the State’s economy and are sold to domestic and export markets. Several localities in Western Australia produce much of the State’s produce, including Carabooda, Gingin Brook, Perth Hills, Nowergup, Myalup, Manjimup, Donnybrook, Margaret River, Carnarvon, and Ord River. In addition, there are other dedicated sites that may produce a high percentage of a particular commodity in the context of State supply.
In order to operate effectively, producers may require areas of high agricultural productivity, water availability, suitable climatic conditions and ready access to markets and freight networks. WAPC policy in regard to intensive agriculture is:
(a) intensive agriculture is generally supported and encouraged on rural land provided rural amenity and environmental impacts can be effectively managed;
(b) intensive agriculture sites of State significance should be protected from encroachment;
(c) in considering buffer distances between intensive agriculture and sensitive land uses, the requirements of clause 5.12 should be observed, and the following matters may also affect the buffer –
i. types of chemicals used and their method of application;
ii. the characteristics of the site/s, including vegetation, topography and prevailing winds;
iii. potential mitigation approaches, including fencing, vegetation buffers, open space, road reserves and other compatible uses; and
iv. potential staging and/or expansion intention of the intensive agriculture operator; and
(d) where an intensive agriculture proposal may affect the nutrient load of a river, estuary or associated tributary and the system and/or its receiving water body has no further capacity to assimilate nutrients without an adverse impact on ecosystem health, a reduction in nutrient export is to be demonstrated.

FINANCIAL IMPLICATIONS
The applicant has paid a sum of $39,485 with $6,557 allocated to the Development Assessment Panel.

STRATEGIC IMPLICATIONS
§ Shire of Dandaragan Local Planning Strategy – Rural Land Use and Rural Settlement.
§ Draft Local Planning Strategy 2016


ATTACHMENTS.
Circulated with the agenda are the following items relevant to this report:
§ Full details and plans were provided to Councillors via CD on 9 March 2017 at the Council Forum
§ Hard copy summary of the proposal was provided to Councillors at the Council Meeting on 23 February 2017.
§ Submission from Shane Nixon (Doc Id: 87921)
(Marked 9.4.2)

VOTING REQUIREMENT
Simple majority

OFFICER RECOMMENDATION
That Council advise the Midwest/Wheatbelt JDAP that it supports the proposed development of a Piggery on Lot 3616 Agaton Road, Dandaragan and the provides the following draft planning conditions:
1. The land use and development shall be in accordance with the approved plans and specifications (including any amendments marked in RED) unless otherwise conditioned by this approval;
2. The use when established shall at all times comply with the definition of Animal Husbandry – Intensive (Piggery) contained within the Shire of Dandaragan Local Planning Scheme No.7;
3. This approval is for Module 1 (Moora 1) and Module 2 (Moora 2) and any ancillary works with a capacity to house approximately 68,000 pigs. Separate future application will be required if a third Module with the capacity for a further 34,000 pigs is proposed.
4. The endorsed plans shall not be modified or altered without the prior written approval of either the Shire of Dandaragan or Midwest/Wheatbelt JDAP in accordance with Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;
5. The use and development must be substantially commenced within 3 years of the date of this approval;
6. The development at all times shall comply with the Nutrient Management Plan prepared by Aurora Environmental that was submitted with the application to the satisfaction of the Shire of Dandaragan;
7. The development at all times shall comply with the Works Approval Application prepared by Aurora Environmental that was submitted with the application to the satisfaction of the Shire of Dandaragan. This is not limited to, but specific mention is made to the management and mitigation strategies and contingency measures applicable to;
a) Construction management,
b) Wastewater Effluent management,
c) solid waste management,
d) odour management,
e) noise management,
f) fire management
g) and environmental monitoring and reporting;
8. The development at all times shall comply with the Bushfire Attack Level (BAL) Assessment prepared by Smith Fire Consulting that was submitted with the application to the satisfaction of the Shire of Dandaragan;
9. The development at all times shall comply with the Traffic Impact Assessment prepared by Shawmac Traffic Engineers that was submitted with the application to the satisfaction of the Shire of Dandaragan;
10. The piggeries will be operated to comply with the Environmental Protection (Noise) Regulations 1997. Routine observations and inspections will be undertaken in regard to noise. Onsite management will be informed of the results of inspections and observations and will implement contingency actions to ensure compliance with Environmental Protection (Noise) Regulations 1997. 11. Crossovers, access and egress to the subject site from Agaton Road and any road works shall be located and constructed to the satisfaction of the Shire of Dandaragan and include all necessary drainage and signage. Costs applicable to the construction of the access point/s onto the site and any related issues shall be borne by the proponent;
12. A road condition survey is to be completed by the applicant and submitted to the Shire detailing any maintenance work required to public roads as a result transport activity to the satisfaction of the Shire of Dandaragan;
13. Prior to commencement of site works, the Applicant/Landowner is to enter into discussions with the Shire of Dandaragan to assess the impact of the additional (heavy) traffic on Agaton Road and proposed strategies (if appropriate) to deal with the increased traffic. Furthermore, should any road upgrading and/or maintenance be required as a result of the increased traffic, then a contribution towards the cost of undertaking those works to the satisfaction of the Shire of Dandaragan will be at the expense of the Applicant/Landowner;
14. All internal roadway surfaces within the site are to be constructed of a suitable material such as paving, road base, limestone or course gravel and compacted to limit dust generation, to the satisfaction of the Shire of Dandaragan; and
15. Notices indicating the type of operation, hours of operation and potential impacts of the piggery operation are to be displayed adjacent to the Agaton Road frontage of the site to the satisfaction of the Shire of Dandaragan. The notices must state that development approval for the construction of the Development on the site has been granted.
16. The use and development must be conducted so that it has minimum impact on the amenity of the area by reason of :
a) Transportation of materials, goods and commodities to and from the premises;
b) Appearance of any buildings, works and materials; and
c) The emission of odour, noise, vibration, dust, wastewater, waste products or reflected light;
17. The applicant is to provide landscape screening to the satisfaction of the Shire of Dandaragan. 18. Prior to the commencement of the development, a landscape plan detailing screening vegetation that is to be planted shall be submitted to the Shire and approved by the Shire of Dandaragan;
19. In addition to the disposal of carcasses strategy detailed in the submitted reports, the applicant is required to carry out the following procedures;
i. large carcasses should be split to minimise bloating;
ii. the pit bases should be at least 2 m above the water table at all times;
iii. pits should be situated on low permeability soils and / or low risk sites;
iv. carcasses need to be well covered with soil, or other suitable material, each day to avoid scavenging by feral animals and to prevent odour;
v. further clay should be compacted over filled pits;
vi. earth should be mounded over filled pits to promote shedding of stormwater;
vii. The mounds should be grassed over, but trees should not be planted at the site as the roots allow water to move through the pit.

Advice:


A. Further to this approval, the Applicant may be required to submit working drawings and specifications to comply with the requirements of the Building Act 2011 and the Health Act 1911 which are to be approved by the Shire’s Manager Building Services and/or Manager Environmental Health prior to issuing a Building Licence.
B. The Department of Health advises that any form of pest control using pesticides must comply with the Health (Pesticides) Regulations 2011.
C. It is advised that the proposal should at all times comply with the Biosecurity & Agriculture (Stable Fly) Management Plan 2013 in order to minimize the effects of stable flies on the community.
D. It is advised that the proposal should at all times comply with the provisions of the Food Act 2008 and related regulations, codes and guidelines.
E. The applicant be advised this is planning approval only and not a building permit. A building permit must be obtained for this development.


Tuesday, February 21, 2017

Moora Opportunities

Moora 33km from Dandaragan, our big brother neighbour.

Business Opportunities

Moora is a thriving country town in the Wheatbelt region of Western Australia. Being the largest inland service centre between Perth and Geraldton, Moora provides a wealth of services.
The population catchment within a 100 km radius of Moora would be 6000 residents, and yes that includes Dandaragan.


There is a growing population relocating to the Wheatbelt taking advantage of the semi-rural lifestyle, but still want access to services and facilities offered in metropolitan areas.

This presents enormous opportunities to establish businesses of all kinds within the region.

Shire of Moora Business Directory

Government Agencies based in the Shire of Moora

Moora Chamber of Commerce

Investment Opportunities

The Shire of Moora is a dynamic and exciting part of Western Australia. Boasting a very reliable rainfall that supports successful, leading Western Australian farming enterprises.
In recent times the Shire of Moora has been "discovered" in its close proximity to the Capital City of Perth (only 172km to the South).

Accessibility through major road and rail networks:

  • the Great Northern Highway, 
  • the Brand Highway, 
  • Midlands Rail Line and 
  • the Midlands Road being the most prominent.

Major industry within the Shire of Moora: 

  • agriculture (broad acre crops, horticulture, cattle and sheep), 
  • tourism and hospitality, 
  • manufacturing, 
  • retail, 
  • education and health. 
Additional industries include concrete, mining of granite and silica and timber.
Fresh ground water aquifers west of Moora position the district for increasing intensive agricultural, horticultural and value adding industries.

The Shire of Moora boasts new enterprise to our west with various horticultural enterprises such as two large citrus plantations and a tropical fruit orchard.
This type of development in the vicinity of Moora as the regional centre creates many opportunities for supporting infrastructure and developments as well as new service opportunities.

Forecasts of approximately 100 new full time employees will be needed to staff these businesses over the next 5 years. Plus substantial seasonal employment.

Moora is the centre of one of the most reliable oilseed and cereal crop growing regions. Creating opportunities for the development of biofuels, including ethanol and biodiesel into the future.

All this within 33km of Dandaragan

.

Warro Gas Project

The Warro Gas Project in the Dandaragan Shire and 50 km from Dandaragan Town-site.

Is an exciting undertaking for industry stakeholders, the local Warro community and the joint venture partners and businesses in the Dandaragan, Badgingarra Region.

The field has 7-10 trillion cubic feet (Tcf) in place and potentially 1-3 TcF of recoverable gas.

The field is situated in a convenient location onshore in the Perth Basin, approximately 200 kilometres north of Perth in the Dandaragan shire.

It is less than 35 kilometres east of both the Dampier-Bunbury Natural Gas Pipeline and the Dongara-Perth Parmelia Pipeline.


The Warro Gas Field (contained within Retention Leases 6 and 7) was discovered in 1977 by WAPET when the Warro-1 well intersected with a substantial gas saturated column. Further drilling confirmed a 390 metre gas column in what is called the “Yarragadee Formation”.

Transerv became involved in the project in November 2007 when it agreed to provide $3.6 million in seed capital as a loan to Latent Petroleum, which held full ownership of the Warro Gas Project and was progressing it as its sole focus. The loan agreement offered Transerv the right to earn a 10% interest in the promising Warro Gas Field.

Less than a year later Alcoa of Australia entered into a farm-in agreement with Latent Petroleum, at which time Transerv elected to exercise its right to convert the $3.6 million loan into a 10% interest.

Under the farm-in agreement signed in 2008, Alcoa may earn a 65% interest through funding a staged farm-in evaluation program, which includes a five-well drilling program, seismic surveys and production facilities for initial production.

On 23 March 2011, Transerv announced the acquisition of Latent Petroleum, which increased its interest in the Warro Gas Project to 35% after the completion of the farm-in by Alcoa of Australia. Latent Petroleum remains operator and is continuing to evaluate the Warro Gas Project on behalf of the joint venture partners.

In 2009 and 2011, Latent Petroleum drilled two wells (Warro-3 and Warro-4) and acquired a 3D seismic survey over the field. Gas was safely produced from both wells.



A group of independent experts based in the USA completed a detailed analysis of the available data (including 3D seismic data) on the Warro Gas Field in 2012. The analysis confirmed significant quantities of gas are held within the field with the potential to flow at high rates.

As a result of these conclusions the Warro Joint Venture decided in late 2014 to continue its evaluation of the field by the drilling of Warro 5 and 6 during the second half of 2015.
Originally falling within Exploration Permits 321 and 407, the Warro Field area location was granted to Latent by the DMP in September 2008.

In December 2014, the Warro Joint Venture successfully applied for the locations over the field to be converted to Retention Leases 6 and 7. Additionally, the remainder of EP407 was relinquished in full along with four graticular blocks in EP321, developments required by statutory regulations.

The Warro Joint Venture also successfully negotiated a Native Title Agreement with the Yued people during 2014. This agreement allows for field operations through development and production to take place.



In 2015, Latent Petroleum, as operator of the Warro Gas Project, is conducting a third phase of work. This includes drilling two wells more than four kilometres into the earth to fracture stimulate rocks and encourage the gas contained within the reservoirs to flow to the surface.

The work fully complies with the Environmental Protection Authority’s (EPA) guidelines on hydraulic fracturing released in December 2014. The work has also undergone a stringent review by the WA Department of Mines and Petroleum with input from the Departments of Water; Agriculture; and Parks & Wildlife.
The process for extracting gas and bringing it to the surface (detailed below) has been scrutinised by the EPA, which has determined it will not have a significant environmental impact. In making this assessment, the EPA considered many environmental factors including the activity’s impact on water, air and human health.

The extraction process used by Latent Petroleum is a thoroughly tested approach that eliminates any chance of gas or other fluids escaping and contaminating water aquifers or the air. The gas will be extracted far below (more than 3,500 metres below) any existing water bores that tap water from about 100 metres below the surface. The wells are designed to the highest environmental and safety standards, checked to ensure they are safe during construction and continuously monitored throughout their life.

In its most basic form, the extraction process will involve pumping water deep into a well at high pressure. It forces tiny, localised cracks or “fractures” into the rocks which are held open with sand grains or proppant. This means the permeability of the rocks is greatly increased, allowing the gas held in the tight rocks to flow to surface. All producing wells are carefully designed to provide long term, safe and reliable flow of gas.

The well bores are lined with three protective layers of steel and cement to bring the gas to surface safely and are monitored continuously to ensure well integrity is maintained.

Latent Petroleum will publicly disclose and monitor the small amount of chemicals used during the extraction process. In line with regulations, all the chemicals will be isolated at the surface and any aquifer units will be protected by at least two pressure barriers. At the end of the Warro Gas Project, Latent Petroleum will return the environment to its natural state with no trace of work activities – an obligation also dictated by industry regulation.

Monday, February 20, 2017

Mining Accommodation Camp

Iluka Resources - Proposed Mining Accommodation Camp Previously Approved By The Wheatbelt Joint Development Assessment Panel – Reduction In Size - Lot 2080 Cataby Road, Dandaragan

Location: Lot 2080 Cataby Road, Dandaragan
Applicant: Iluka Resources
Folder Path: Development Services App / Development Application / 2012 / 21
Disclosure of Interest: None
Date: 7 February 2017
Author: Manager Planning
Signature of Author:
Senior Officer: Deputy Chief Executive Officer
Signature of Senior Officer:

PROPOSAL An application has been received from Iluka Resources to amend existing planning approval to commence development for a new relocated mining accommodation camp at Lot 2080 Cataby Road. The amendment is in the site layout plan only and results in a lesser sized development. An amendment (reduced site plan) application was refused at the 18 January 2017 Midwest/Wheatbelt Joint Development Assessment Panel (JDAP) due to a differing interpretation of the term “substantial”. Changes in the legislation that took effect from 1 February 2017 allow the Council to determine this application at the choice of the applicant.

BACKGROUND The Wheatbelt Joint Development Assessment Panel granted Planning Approval in August 2012 to Iluka Resources for a mining accommodation camp at Lot 2080 Cataby Road and relocation and redevelopment of the Tronox mining accommodation camp at Lot 2065 Cataby Road. A copy of the minutes of the August 2012 Joint Development Assessment Panel is provided in the attachments listing the approvals and conditions of approval.
The applicant proposes a lesser development for Lot 2080 than what was approved. This report does not deal with the proposed Tronox camp at Lot 2065 for which there are no proposed amendments to the size of the camp. Council considered the application for lesser development at the 15 December 2016 Council meeting and recommended approval to the Midwest/Wheatbelt Joint Development Assessment Panel (JDAP).
The application for an amended reduced site plan was refused at the 18 January 2017 Midwest/Wheatbelt Joint Development Assessment Panel (JDAP) as the Joint Development Assessment Panel believed that the amendment was substantial and required a new application with more detailed plans. The applicant has requested that the Council determine the application in accordance with the amended Development Assessment Panels legislation that took effect from 1 February 2017 to allow the Council to determine this application at the choice of the applicant.

COMMENT The applicant proposes a reduction in the number of facilities and accommodation units previously approved by the Wheatbelt Joint Development Assessment Panel (JDAP).


The following response was provided to the Presiding Member of the Mid-West/Wheatbelt Joint Development Assessment Panel (JDAP)s question prior to the Joint Development Assessment Panel (JDAP) meeting “why the amendments, if approved, would not constitute a substantial change to the development approved in 2012”.

The online Oxford dictionary defines “substantial” as
      1.       Of considerable importance, size, or worth: ‘a substantial amount of cash’ 
      2.       Concerning the essentials of something: ‘there was substantial agreement on changing policies’
      3.       Real and tangible rather than imaginary: ‘spirits are shadowy, human beings substantial’

The proposed land use for workers accommodation has not changed. The changes proposed are only related to the reduced scale of accommodation and facilities as well as changes to the layout of the proposed development.
There will be no changes to infrastructure such as waste water and power (confirmed by discussion with applicant). If the proposal were to be located in an urban or semi-rural environment, then there would be a good argument that the amendments are substantial as there would be an impact on landowners and residents in proximity to the development, which would be of considerable importance in the above definition. In this instance, the proposal is in a remote rural environment and there will be no substantial impact on any nearby landowners or residents from the reduction in facilities and amended layout, and is therefore of minimal importance.

In addition to the above consideration, the scale (size and worth in the above definition) of the accommodation camp has to be considered in context to the overall project. The Iluka Campsite is one of two campsites proposed for a large-scale mining operation approximately 250-275 million dollars. The large-scale mining operation does not require planning approval and is therefore not being considered as part of the development application. If the Iluka campsite is considered in isolation to the entire project, then there may be argument that it is substantial.
However when taking into consideration the entire development associated with this proposal, the scale of the amendments are minor in comparison and would not in the Shire’s opinion be “substantial”.

In summary, the Shire is of the view that the proposed amendments are not substantial when considered in context of no change to the use and purpose of the development, the remote location, lack of any impact, and the scale of the amendments when taking into account the overall project. At the Joint Development Assessment Panel (JDAP) meeting the point was raised that the applicant could just use the existing development approval and only construct to a lesser size. The point was also raised that it seemed overly burdensome to make the applicant go through a new application process for what is in effect a lesser development that has already been approved and will have a reduced impact on the environment and amenity.
Because the Joint Development Assessment Panel (JDAP) refused the application, the applicant has the option of submitting a new application for the Council consider for approval. The officer recommendation is that Council grant approval for the lesser development with the same conditions of approval as granted by the Joint Development Assessment Panel (JDAP) including any minor amendments due to changes in legislation or Government Departments.

CONSULTATION Advertising was not undertaken for the amendment. The proposed amendment is for a lesser development which is considered to have less impact on the environment and amenity than currently approved.

STATUTORY ENVIRONMENT
            §     Shire of Dandaragan Local Planning Scheme No.7
           §     Shire of Dandaragan Local Planning Strategy Rural Land Use and Rural Settlement - Strategy            8.1.5 Workers Accommodation in Rural Areas.

POLICY IMPLICATIONS WAPC SPP 2.5- Rural Planning
The Shire of Dandaragan’s Local Planning Policy 8.2 Mining, Horticultural and Agricultural Ventures – Accommodation for Staff, aims to encourage use of facilities within townsites of the Shire except for the accommodation provided for essential key personnel which, by necessity, needs to be located onsite.

FINANCIAL IMPLICATIONS The applicant has previously paid all the fees necessary for this application.

STRATEGIC IMPLICATIONS 2016 – 2026 Strategic Community Plan


ATTACHMENTS Circulated with the agenda is the following item relevant to this report:            
         §     Plans of existing approved site layout and amended site layout. (Doc Id: 86534) (Marked 9.4.2)

VOTING REQUIREMENT Simple majority

OFFICER RECOMMENDATION That Council grant planning approval to Iluka Resources for a proposed mining accommodation camp at Lot 2080 Cataby Road subject to the following conditions:
      1.       All development shall accord with the attached approved plan(s) and specification dated 15 November 2016 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Chief Executive Officer of the Shire.
      2.       Access from the approved development to Cataby Road is to be constructed to the satisfaction of the Chief Executive Officer of the Shire and at the full cost of the applicant.
      3.       A drainage management plan shall be prepared for the site to the satisfaction of the Chief Executive Officer of the Shire and no water shall be discharged from the site at flow rates or with pollutant levels in excess of the predevelopment condition.
      4.       The Proponent shall provide and maintain a potable water supply to the approved development with sufficient onsite storage for a minimum of 48 hours peak usage to the satisfaction of the Chief Executive Officer of the Shire.
     5.       The Proponent shall provide and maintain a suitable solid and liquid waste management program for the approved development to the satisfaction of the Chief Executive Officer of the Shire.
     6.       The Proponent shall provide and implement a fire management plan to the satisfaction of the Chief Executive Officer of the Shire.
     7.       All internal roads and car parking areas are to be sealed, line marked and appropriately drained and maintained for the duration of the intended use of the lot as a mining accommodation camp.
     8.       The Proponent shall provide and implement a landscaping plan to the satisfaction of the Chief Executive Officer of the Shire, prior to the occupation or use of any buildings in accordance with this approval
     9.       Security and on-site lighting shall be installed and shaded to prevent light spill from the site or cause nuisance to motorists using Cataby Road.
    10.   Upon the closure or cessation of use of the Mining Accommodation Camp land use, the Proponent shall remove all infrastructure and return the site to its former agricultural use, or a use otherwise agreed by the Chief Executive Officer of the Shire.
     11.   Approval is granted for a period of three (3) years expiring on the 3 September 2020 and if the development is not substantially commenced the approval shall lapse and be of no further effect.

Advice Notes:
A. In regards to condition 2, the applicant will be responsible for the costs associated with any road works, adjustments to road drainage and any signage identified in a traffic safety audit report.
B. In regards to condition 4, the advice of the WA Health Department will be sought by the Council on the suitability and adequacy of the proposed supply.
C. ln regards to condition 5, the advice of the WA Health Department will be sought by the Council on the suitability and adequacy of the proposed waste management proposal.
D. ln regards to condition 6, the advice of the DFES may be sought on the suitability and adequacy of the proposed fire management options. Any storage tanks intending to supply water for fire-fighting purposes are to be fitted with BFB couplings.
E. In regards to condition 9 the Proponent shall plant, reticulate and maintain any plantings identified in the landscaping plan, replacing any plants that die or are damaged, for the duration of the occupation of the site as an mining accommodation camp.
F. The Proponent is advised that this approval does not remove the requirement to secure approvals and licences that may be required under subsidiary legislation (see following examples) and the Proponent is required to make separate inquiries on those requirements:

a) Bush Fires Act 1954 — s33
b) Food Act 2008
c) Health (Treatment & Storage of Effluent & Liquid Waste) Regulation 1974 - Reg 4A
d) Rights in Water & lrrigation Act 1914 -s26A
e) Environmental Protection (Clearing of Native Vegetation) Regulations 2004
f) Local Government (Miscellaneous Provisions) Act 1960