Sandy Creek Road and 1720 Bacchus Marsh Road, Little River

Transcription

1 Sandy Creek Road and 1720 Bacchus Marsh Road, Little River Planning Permit Application for Development and Use of Land for Stone (Sand and Soil) Extraction and Removal of Native Vegetation Reference: June, 2015 TGM Group Geelong 1/27 31 Myers Street (PO Box 1137) Geelong Vic 3220 T F ABN Melbourne I Ballarat

2 Development and Use o f Land f o r Stone Extraction & Removal o f Native Vegetation TGM Prepared for: L. Bisinella Developments Prepared by: TGM Group Pty Ltd Myers Street Geelong Vic 3220 T : (03) F : (03) p.com ABN Quality Information Document: Reference No. Date P l a n n i n g Application Revision No. 2 Prepared by Chris Marshall Reviewed by Chris Marshall Copyright The information contained in this document produced by TGM Group Pty Ltd is solely for the use of the Client identified on the cover sheet for the purpose for which it has been prepared and TGM Group Pty Ltd undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All rights reserved. No section or element o f this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the written permission of TGM Group Pty Ltd. Page 1 o f 27

3 TABLE OF CONTENTS 1. INTRODUCTION 4 2. PERMIT TRIGGERS 4 3. SUBJECT SITE AND SITE CONTEXT 4 4. BACKGROUND 6 5. PROPOSAL 6 6. PLANNING CONTROLS ZONING USE BUILDINGS AND WORKS DECISION GUIDELINES 9 7. OVERLAY DECISION GUIDELINES SCHEDULE 110 THE SIGNIFICANT LANDSCAPE OVERLAY DECISION GUIDELINES PARTICULAR PROVISIONS EARTH AND ENERGY RESOURCES INDUSTRY STONE EXTRACTION AND EXTRACTIVE INDUSTRY INTEREST AREAS NATIVE VEGETATION LAND ADJACENT TO A ROAD ZONE, CATEGORY 1 ROAD GENERAL PROVISIONS DECISION GUIDELINES POLICY CONTEXT STATE PLANNING POLICY FRAMEWORK LOCAL PLANNING POLICY FRAMEWORK MUNICIPAL STRATEGIC STATEMENT LOCAL PLANNING POLICIES CONCLUSION 26 Page 2 of 27

4 ATTACHMENTS Attachment 1 Attachment 2 Copy of Title Endorsed Work Plan Authority for Work Application 1532 by Bell Cochrane & Associates, 5 May 2014 and Statutory Endorsement Information for Council Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Overall Context Plan Site Layout Plan Rehabilitation Plan DEPI Biodiversity Report Desktop Noise Emission Assessment Watson Moss Growcott Acoustics, 2 October 2014 Attachment 8 Cultural Heritage Management Plan Number Attachment 9 Traffic Impact Assessment by Cardno, 18 February 2014 Page 3 of 27

5 1. INTRODUCTION TGM Group Pty. Ltd. has been engaged by L. Bisinella Developments to submit a Planning Permit Application on their behalf for the Development and Use of Land for Stone (Sand and Soil) Extraction and Removal of Native Vegetation at Sandy Creek Road and 1720 Bacchus Marsh Road, Little River. 2. PERMIT TRIGGERS A Planning Permit is required for the above proposal under the following provisions of the Planning Scheme: Farming Zone Clause Use for Stone Extraction Clause Construction of Buildings or Works Significant Landscape Overlay Clause Construction of Buildings or Works Particular Provisions Native Vegetation Earth and Energy Resources Clause Removal of Native Vegetation Industry Clause Stone Extraction and Extractive Industry Interest Areas Clause Use and Develop of land for earth and Energy Resources Industry Use and Development of Land for Sand Extraction 3. SUBJECT SITE AND SITE CONTEXT The subject site is known at 405 Sandy Creek Road and 1720 Sandy Creek Road, Little River. located on the western side of Sandy Creek Road and the eastern side of the Bacchus Marsh Road, Little River. The site consists of two Titles, Vol Fol. 529, Portion 58 Parish of Lara and Vol Fol. 530, Portion 59 Parish of Lara. The site is regular in shape with a frontage of approximately 603 metres to Sandy Creek Road and approximately 608 metres to the Bacchus Marsh Road with an overall area of approximately hectares. It is Page 4 of 27

6 The site is predominantly cleared rural land used for cropping and grazing. Land at 405 Sandy Creek Road contains a dwelling and shed associated with farming and the sand quarry activity which is located along the northern western boundary of land at 1720 Bacchus Marsh Road. It is almost entirely cleared rural land except for some isolated River Red gums along the south western edge. This land contains a large dam adjacent to the southern boundary partly fed by a small tributary from the north and a gravel driveway that extends along the southern boundary from the existing crossover at Sandy Creek Road. Land at 1720 Bacchus Marsh Road is cleared rural land which contains a number of mature River Red gums particularly along the southern boundary along Hovells Creek and adjoining or within small tributaries in the eastern portion of this land. Also located within the land are a dwelling and shed and a number of unsealed vehicular access tracks that provide access to the dwelling and shed, Work Authority Area 1389, Bacchus Marsh Road and land at 405 Sandy Creek Road to the east. The entire site is located within the foothills of the You Yangs directly to the east and is one of a number of properties subject to either sand extraction activities or rural uses. Sand extraction operations directly adjoin the site to the north and are also adjacent to the eastern boundary along Sandy Creek Road. Land used for farming purposes adjoins the southern and north western boundary and also adjacent to the western boundary along Bacchus Marsh Road. Sandy Creek Road is fully constructed road with grassed swale drains. The subject site and all surrounding land are included within the Farming Zone and Schedule 1 to the Significant Landscape Overlay. Pages of 27

7 4. BACKGROUND The subject site is identified as being within an Extractive Industry Interest Area (EllA) ID , in the Department of Primary Industries (DPI) 2003 publication of the Melbourne Supply Area (MSA) Extractive Industry Areas Review, A. Olshina & P. Burn. The site forms part of a broader area of land to the west of the You Yangs that contains significant fine quartz sand resource which has wide building industry application. Extraction sites are located adjoining to the north and directly adjacent to the east of the subject site. Since 2009 sand has been extracted and processed from the site by Wilsand Pty Ltd under WA 1389 (PP1153/2008) from an extraction site located along the north western boundary of the land. The Works Authority was transferred to L. Bisinella Developments with the sale of the land in This application is supported by Extractive Industry Work Authority No.1532 (WA 1532) which was endorsed on 30 May 2014 by the Department of State Development and Business Innovation and is attached to this application. Since that period the area has been reduced to avoid the removal of seven native trees, which is reflected in this planning permit application which now seeks the removal of only one dead tree. All other matters relating to this application are otherwise consistent with WA 1532 which will be amended once approval for this application is granted and will form part of approved documents related to this proposed extraction application. 5. PROPOSAL This proposal seeks a planning permit for the use of the land to extract sand and soil, buildings and works associated with this use and the removal of native vegetation. The proposed extraction area covers approximately 82 hectares and will be accessed via the existing crossover from Sandy Creek Road. The proposed extraction works entail the staged use of conventional sand quarrying techniques to extract and process sand as outlined in Work Authority The proposed works include: The stripping of top soil to be stored temporarily and used for rehabilitation and landscaping as stages progress. Extraction of sand using excavators, scrapers and dozers. Processing and stockpiling of sand. Transportation of sand product from the subject site via delivery trucks. Staged rehabilitation of mined areas in accordance with the Works Authority requirements. Environmental works also proposed and detailed in the Work Authority include: Diversion of surface water away from operation areas. Use of settling dams to recycle and manage water within the operational area. Removal of slime material from sand washing process to be dried and incorporated in the overburden material used in the rehabilitation works. Page 6 of 27

8 The development of a landscaped screening bund along the frontage of Sandy Creek. Planting of screening plants along the access road adjacent to southern boundary of the subject site. The land will be progressively rehabilitated and ultimately sewn with pasture species. Noxious weeds will be regularly managed. The proposed building works as outlined in the Work Plan includes: The development of a weighbridge, temporary office and amenities along the access road at the southern boundary of the property. The office and amenities are ancillary to the use and will be in the form of a non permanent 'Atco' type building used for staff and provided at this location to manage truck and visitor movements. Car spaces will also be provided at this location for staff and visitor use. In addition the existing dwelling near the western edge will continue to be used as an office and amenities for workers. Plant for extraction and screening will be mobile and brought to the site on an as needs basis. The existing work shop (near the dwelling) will be utilised for the servicing and maintenance of equipment. A bunded bulk storage diesel facility will be developed close to the workshop area to prevent fuel spills. Native vegetation removal The subject site has been lawfully cropped and grazed over the past ten years therefore any regrowth occurring over that time is exempt for the native vegetation controls under Clause The original proposal (as reflected in the endorsed Work Authority 1532) sought approval for the removal of eight (8) river redgum trees and has been assessed under the DEPI Biodiversity Report Native Vegetation Risk Based Pathway system as low. As advised the Work Authority Area has been reduced (as part of this application) to avoid tree removal and as a consequence it is proposed to remove one dead river red gum tree only, and relocate this tree within the property to provide habitat for native fauna. Therefore accompanying this application is a revised DEPI Biodiversity Report for the removal of one tree which has also has been assessed as low. Supporting Reports and Assessments This proposal is to be read in conjunction with the following: Endorsed Work Plan for Work Authority 1532 by Bell Cochrane & Associates, 5 May 2014 Overall Context Plan Site Layout Plan Rehabilitation Plan DEPI Biodiversity Report Desktop Noise Emission Assessment Watson Moss Growcott Acoustics 2 October 2014 Cultural Heritage Management Plan Number Traffic Impact Assessment by Cardno, 18 February 2014 Page 7 of 27

9 6. PLANNING CONTROLS 6.1 ZONING The subject site is situated within the Farming Zone. The purpose of the Farming Zone is: 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. Comment: It is considered that this proposal is consistent with the purpose o f the farming zone as the use and development is based on comprehensive and sustainable land practises as detailed in the endorsed Works Authority and will generate employment in the farming zone. The proposed use and development will not adversely affect the use o f the land f o r agriculture as rural activities can continue whilst the extraction works are underway. Also extraction areas are proposed to be reinstated with top soil and sewn with pasture species to facilitate the continued use o f this land f o r rural purposes. The land is also a considerable distance from any sensitive uses and thus the operation will have no adverse effect on these uses or the adjoining and adjacent agricultural and extractive uses. Page 8 of 27

10 6.2 USE The use is defined as a 'Stone Extraction' and is included within the broader definition of 'Earth and energy resources industry'. 'Stone extraction' Land used for the extraction or removal of stone in accordance with the Mineral Resources (Sustainable Development) Act Stone extraction is a Section 2, Permit required use under the table of uses to Clause to the Farming Zone. Comment: Farming Zone. There are no specific application requirements for this use under the provisions of the 6.3 BUILDINGS AND WORKS A permit is required to construct or carry out any building or works associated with a use in Section 2 of Clause Comment: There are no application requirements relevant to this proposal. 6.4 DECISION GUIDELINES Before deciding on an application to use land or construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development, including the disposal of effluent. How the use or development relates to sustainable land management. Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses. How the use and development makes use of existing infrastructure and services. Agricultural issues and the impacts from non agricultural uses Whether the use or development will support and enhance agricultural production. Whether the use or development will adversely affect soil quality or permanently remove land from agricultural production. Page 9 of 27

11 The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses. The capacity of the site to sustain the agricultural use. The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure. Any integrated land management plan prepared for the site. Dwelling issues Whether the dwelling will result in the loss or fragmentation of productive agricultural land. 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. Whether the dwelling will adversely affect the operation and expansion of adjoining nearby agricultural uses. 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. Environmental issues The impact of the proposal on the natural physical features and resources of the area, in particular on soil and water quality. The impact of the use or development on the flora and fauna on the site and its surrounds. 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. The location of on site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation. Design and siting issues 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. 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. 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. The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities. Whether the use and development will require traffic management measures. Comment: A response to the relevant clauses of the State and Local Planning Policy Frameworks is provided further in this report. Page 10 of 27

12 It is considered that the subject site is suitable to sustainably facilitate the proposed use and development and is compatible with adjoining uses. The site contains a substantial sand resource needed to support construction and development in the State and this is an appropriate site to conduct this activity. The subject site is located well away from any sensitive uses and is in a broader area where sand extraction has been permitted. The site is o f considerable size to manage effluent and water without detriment to adjoining land and is ideally located on Sandy Creek Road which has the capacity to manage truck movements generated from this use. The proposal entails the staged extraction o f sand therefore the balance area o f the land can continue to be used f o r agricultural purposes. The site will be progressively rehabilitated and reinstated for agricultural purposes. Also top soil will be retained and used to rehabilitate the land once the mining operation ceases, thus the capacity o f land to sustain existing agricultural uses will be maintained. Surface water will be diverted away from mining operations and water used in the processing o f the sand will be recycled by holding dams. The application is subject to a detailed Work Authority which illustrates how the land will be managed during the extractive operation. Existing buildings or a portable building will be used in conjunction with the mining operation and will not impact the agricultural values o f the land. Significant areas o f native trees to the west will be retained and buffers are included to prevent environmental and visual impacts. The extraction is proposed to be sited a considerable distance from the creek and therefore there will be no off site impact on the waterway. As advised, the land will be reinstated to maintain its current rural character. Also the Traffic Impact Assessment undertaken by Cardno (attachment 9) has assessed that there will be no traffic impacts. 7. OVERLAY The sites are also included within the Significant Landscape Overlay, Schedule 1 Foothills of the You Yangs. Page 11 of 27

13 The purpose of Clause 42.03, Significant Landscape Overlay, is: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify significant landscapes. To conserve and enhance the character of significant landscapes. Under the provisions of Clause of the Significant Landscape Overlay, a Planning Permit is required to construct a building or construct or carry out works. In addition to this, a Permit is also required to remove vegetation. 7.1 DECISION GUIDELINES Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The statement of the nature and key elements of the landscape and the landscape character objective contained in a schedule to this overlay. The conservation and enhancement of the landscape values of the area. The need to remove, destroy or lop vegetation to create defendable space to reduce the risk of bushfire to life and property. The impact of the proposed buildings and works on the landscape due to height, bulk, colour, general appearance or the need to remove vegetation. The extent to which the buildings and works are designed to enhance or promote the landscape character objectives of the area. The impact of buildings and works on significant views. Any other matters specified in a schedule to this overlay. Comment: A response to the relevant clauses of the State and Local Planning Policy Frameworks is provided further in this report. The Schedule to this Overlay recognises the foothills surrounding the You Yangs as treeless plains which form the key landscape element in contrast to the prominent landscape feature of the You Yangs. The proposal will not impact on this significant landscape as the location of the land is not visible within the public view sheds surrounding the You Yangs. The proposal entails the progressive rehabilitation of extracted sites and thus the proposed works will have a limited impact on the immediate site only. The proposal also includes the provision of landscaping along or adjacent to the southern and eastern boundaries and therefore the works will be screened from Sandy Creek and land to the south. The introduction of buildings is limited to the installation of an 'Atco' type building which will be installed as a temporary building only and is not considered to have a detrimental impact on the landscape qualities of this site. Page 12 of 27

14 7.2 SCHEDULE 1 TO THE SIGNIFICANT LANDSCAPE OVERLAY The statement of nature and key elements of landscape relating to Schedule 1 are as follows: 'This area is comprised of treeless foothills and plains at the base of the You Yangs. The You Yangs are the most prominent landscape feature in the northern area of the municipality, providing panoramic views of Geelong. The surrounding foothills and plains create an open view path to the You Yangs, visually exposing them when viewed from the surrounding basalt plains. The key element of the landscape is its open character and contrast with the You Yangs'. The landscape character objectives to be achieved by the Schedule are: To protect and enhance the open character, contrast and scenic quality of the landscape. To maintain an open view path to the regionally significant You Yangs. To protect the landscape from visual intrusion by inappropriate buildings and works and their siting, design or materials. To encourage the siting, design and landscaping of buildings and works to be responsive to the landscape values of the area. To facilitate the rehabilitation of extractive industries when they reach the end of their economic life. Permit requirements are as follows: A permit is not required for routine or preventative maintenance to existing lawfully established structures. A permit is required to remove, destroy or lop any vegetation except: Where listed within the incorporated document Environmental Weeds, City of Greater Geelong, September 2008; Exotic and native vegetation if within 10 metres of a dwelling on a lot exceeding 0.4 hectares; and Any vegetation which is dead. Comment: A planning permit is required to remove native vegetation under this schedule. The proposal requires the removal of one dead tree which will be relocated to create habitat to the west of the proposed extraction site. It is noted however that dead vegetation is exempt from approval under this overlay. 7.3 DECISION GUIDELINES Before deciding upon an application, the responsible authority must consider, as appropriate: The landscape values of the edges of the foothills of the You Yangs. The protection and appropriate enhancement of the landscape, having regard to: Page 13 of 27

15 Protecting landscape areas and vantage points of high quality. The conservation of significant areas of natural vegetation and significant stands of trees. The necessity of retaining a buffer strip of vegetation in the vicinity of watercourses, roads and property boundaries, in particular any remnant indigenous vegetation species. Whether the siting, height, scale, materials and form of proposed buildings and works has been designed to have least visual effect on the landscape and scenic views of the foothills of the You Yangs. Whether approval of the proposed buildings and works is compatible with maintaining the visual and natural significance of the landscape. The benefit of permit conditions requiring all building materials to be non reflective and of colours which are complementary to those of the natural landscape. The benefit of conditions requiring the landscaping of buildings and works, while also having regard to the maintenance of existing viewlines. Whether an alternative site is available on the land for the proposed buildings and works that would better meet the landscape objectives of this schedule. The containment of extractive industries to ensure that development and subsequent reclamation are carried out without significant detriment to the recreational and scenic value of the surrounding area. Comment: The subject site forms part of an area on the edge of the foothills of the You Yangs where this overlay applies. The land uses surrounding this site include farming and other extractive operations. The application is considered appropriate having regard to relevant decision guidelines: As the landscape surrounding the You Yangs is recognised for its treeless and open character and the subject site is not visibly within the public view shed of the You Yangs, the proposal will have no impact on the landscape values of this area. The application does not include the removal of significant amounts of native vegetation which contribute to the landscape values ofthe site particularly to the west. Works will be undertaken in a staged and progressive manner therefore the active extraction site will be limited. Areas not forming part ofthe active extraction site will remain undisturbed or rehabilitated and reinstated for rural use. The proposed buildings are limited to the installation of temporary single storey 'ATCO' structures only. The proposal includes the landscaping of the eastern and southern boundaries to reduce the visual impact of the extractive operation as seen from Sandy Creek Road and land to the south. 8. PARTICULAR PROVISIONS 8.1 EARTH AND ENERGY RESOURCES INDUSTRY The purpose of Clause is: Page 14 of 27

16 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. Under the provisions of Clause , a permit is required to use and develop land for earth and energy resources industry unless the table to this Clause specifically states that a permit is not required. The Table of Exemptions state that no permit is required to use or develop land for earth and energy resources industry if the following conditions are met: Stone extraction Complies with Section 77T of the Mineral Resources (Sustainable Development) Act An application to use and develop land for mineral extraction must be accompanied by: A copy of a work plan or a variation to an approved work plan that has received statutory endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources (Sustainable Development) Act Any conditions specified under section 77TD(3) of the Mineral Resources (Sustainable Development) Act Comment: The application accords with this Clause as it seeks planning approval to extract sand (stone) from the subject site which is recognised as containing a substantial sand resource with broad industry application. The planning permit application is accompanied by a copy ofan endorsed work plan, written statutory endorsement and specific conditions under section 77TD of the Mineral Resources (Sustainable Development) Act This work plan will be revised and amended to accord with any conditions or amendments arising from this application prior to its final approval. 8.2 STONE EXTRACTION AND EXTRACTIVE INDUSTRY INTEREST AREAS The provisions of Clause apply to planning permit applications for: The use and development of land for stone extraction. The use and development of land within an extractive industry interest area. The use and development of land within 500 metres of stone extraction. The purpose of this particular provision is: Page 15 of 27

17 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. A permit to use and develop land for stone extraction will not be required if the conditions in the table to Clause are met. As detailed above, the relevant condition in the table to Clause is as follows: Stone extraction Complies with Section 771 of the Mineral Resources (Sustainable Development) Act An application to use and develop land for stone extraction must be accompanied by: A copy of a work plan or a variation to an approved work plan that has received statutory endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources (Sustainable Development) Act Any conditions specified under section 77TD(3) of the Mineral Resources (Sustainable Development) Act These requirements do not apply to an application to use and develop land for stone extraction which is exempt from: The requirement to obtain a work plan under Section 77G ofthe Mineral Resources (Sustainable Development) Act 1990, or The provisions of the Mineral Resources (Sustainable Development) Act 1990 under Section 5AA of that Act. 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. Page 16 of 27

18 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 Clause outlines specific requirements for the use and development of land for stone extraction which are as follows: 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. Comment: It is considered that the proposed application accords with the provisions of Clause as the proposed sand extraction will not adversely impact on the environmental amenity of the land and extraction sites will be appropriately rehabilitated. The application is also accompanied by: A copy of a work plan or a variation to an approved work plan that has received statutory endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources (Sustainable Development) Act It is noted however that the proposed extraction will not have a negative effect on native flora and fauna as the land proposed for extraction is cleared rural land. The proposed extraction operation will be sited on land which has been subject to an approved Cultural Heritage Management Plan where no artefacts were found. The operation will be appropriately managed to ensure that no emissions will negatively impact on surrounding land. As previously mentioned the proposed mining activity will be progressively rehabilitated and reinstated for rural use. Storm water will be redirected around extraction sites and water used as part of the extraction and washing processes will be retained and recycled to ensure no off site impacts on the local creek system. The application also includes landscaping along the eastern and southern boundaries which will be maintained to reduce the visual impact of the extraction operation. In addition parking will be available on site for employees. Page 17 of 27

19 8.3 NATIVE VEGETATION Under the provisions of Clause , a permit is required to remove, destroy or lop native vegetation, including dead native vegetation. This does not apply: If the table to Clause specifically states that a permit is not required. To the removal, destruction or lopping of native vegetation specified in the schedule to this clause. To an area specified in the schedule to this clause. Class of application An application to remove, destroy or lop native vegetation must be classified as one of the following risk based pathways: low, moderate or high, as defined in the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013). The application requirements and decision guidelines included in this clause must be applied in accordance with the classified pathway. Application requirements All applications to remove, destroy or lop native vegetation must comply with the General application requirements. An application in the moderate or high risk based pathway must also comply with the moderate and high risk based pathway application requirements. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Biodiversity considerations For all applications The contribution that native vegetation to be removed makes to Victoria's biodiversity. This is determined by: The extent and condition of the native vegetation. The biodiversity value of the native vegetation, including whether the native vegetation is important habitat for rare or threatened species. Whether the removal of native vegetation is defined as being in the low, moderate or high risk based pathway, as defined in the Permitted clearing of native vegetation Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) and apply the decision guidelines accordingly. Page 18 of 27

20 Other matters The responsible authority must also consider the following issues, as appropriate: The need to remove, destroy or lop native vegetation to create defendable space to reduce the risk of bushfire to life and property, having regard to the other available bushfire risk mitigation measures. The role of native vegetation in: Protecting water quality and waterway and riparian ecosystems, particularly within 30 metres of a wetland or waterway and in special water supply catchment areas listed in the Catchment and Land Protection Act Preventing land degradation, including soil erosion, salination, acidity, instability, and water logging, particularly: Where ground slopes are more than 20 per cent. On land which is subject to soil erosion or slippage. In harsh environments, such as coastal or alpine area. Preventing adverse effects on groundwater quality on land: Where groundwater recharge to saline waterbodies occurs. That is in proximity to a discharge area. Which is a known recharge area. In the case of timber production, the benefits of including a condition requiring operations to be carried out in accordance with any relevant code of practice under Part 5 of the Conservation, Forests and Land Act Managing native vegetation to preserve identified landscape values. The conservation of native vegetation protected under the Aboriginal Heritage Act Comment: The proposal seeks approval to remove one dead River Red gum within the works authority area. The application is supported by a DEPI Biodiversity Assessment Report (see attachment 6) that has assessed that the removal of the one dead tree is low risk pathway and provides off set requirements to off set the loss of this tree which will form part of the conditions of the proposed planning permit. Note the removal of native vegetation has been reduced from that proposed in the Work Authority Application. 8.4 LAND ADJACENT TO A ROAD ZONE, CATEGORY 1 ROAD Under the provisions of Clause 52.29, a permit is required to create or alter access to a road in a Road Zone, Category 1 road. Comment: All vehicles associated with the operation will access the site via the existing crossover from Sandy Creek Road, which is not a Road Zone Category 1 Road. No access to Bacchus Marsh Road, which is a Road Zone Category 1 Road, is proposed as part of the proposed extractive operation. Page 19 of 27

21 9. GENERAL PROVISIONS 9.1 DECISION GUIDELINES Under the provisions of Clause 65.01, before deciding on an application or approval of a plan, the responsible authority must also consider the following relevant decision guidelines: The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Factors likely to cause or contribute to land degradation, salinity or reduce water quality. Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site. The extent and character of native vegetation and the likelihood of its destruction. Whether native vegetation is to be or can be protected, planted or allowed to regenerate. The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard. Comment: The proposal is considered to accord with the decision guidelines of Clause The proposed use and development is appropriate under this zone as this land forms part of a larger area offarming land subject to extractive industry activities. The extraction activity will not prevent this land from being continually farmed outside of the extraction site, and after extraction activities have ceased and the land is rehabilitated for farming use. The operation will be appropriately managed via an approved Work Authority to ensure that there will no off site amenity impacts and the land will be rehabilitated for farming use. Water quality will be managed by redirecting surface water around extractive sites and by recycling water used as part of the extraction process. Settling dams will also be employed to improve water quality prior to the water exiting the site. The application avoids the removal of native vegetation except for one dead tree which will be removed and relocated to be retained as habitat. The attached Desktop Noise Emission Assessment (attachment 7) assesses that the proposal can operate within recommended maximum noise levels. Page 20 of 27

22 10. POLICY CONTEXT It is considered that the proposal is consistent with relevant State and Local Planning Policies as outlined below: 10.1 STATE PLANNING POLICY FRAMEWORK CLAUSE REGIONAL SETTLEMENT NETWORKS The objective of this policy is to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan. CLAUSE GEELONG (G21) REGIONAL GROWTH Contains policies relating to planning for growth, knowledge and innovation, connected communities, environmental assets, agricultural productivity, sustainable communities, diversified economy and transport. Relevant objectives of these policies are to: Optimise infrastructure and consolidate growth. Build and support diversity, knowledge and innovation. Create unique and connected communities. Protect, restore and enhance the region's unique environment. Secure food, water and energy resources. Allow communities to live, work and participate locally. Build the region's economy. Provide a range of accessible transport choices. A specific strategy relating to agricultural productivity is to "support a productive, robust and self sustaining region by harnessing existing energy and natural resources while protecting and enhancing farming and natural assets". Relevant strategies relating to sustainable communities include: Support industries that utilise skills within the region. Support increased employment diversity. Support new businesses that provide employment and innovation opportunities in identified employment nodes across the region. Comment: Geelong is recognised as a Regional City under the Regional Settlement Framework where industry and economic initiatives are supported to build the region's economy, employment and prosperity. This application accords with these policies as it will provide a vital resource to promote industry and economic growth for the region. Page 21 of 27

23 CLAUSE AGRICULTURAL PRODUCTIVITY This policy seeks to protect food, water and energy resources required to support population growth related to the Geelong Region. Comment: The application can be supported in accordance with this policy as it will appropriately utilise earth resources to support urban growth, whilst also facilitating the ongoing use ofthe land for agricultural use. CLAUSE A DIVERSIFIED ECONOMY This policy seeks to encourage and support diverse industries to facilitate growth and employment to strengthen Geelong as a Regional City. Comment: The application accords with the above policies as it will contribute to Geelong's economic growth and assist in strengthening its economy. CLAUSE BIODIVERSITY Contains policies relating to the protection of biodiversity and native vegetation management. Relevant objectives of these policies are: To assist the protection and conservation of Victoria's biodiversity, including important habitat for Victoria's flora and fauna and other strategically valuable biodiversity sites. To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria's biodiversity. CLAUSE NATIVE VEGETATION MANAGEMENT To ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria's biodiversity. Comment: As advised, the original proposal included the removal of seven additional River Red gums, however under this application the proposed works authority area has been reduced to prevent the loss ofthese trees, and now only seeks the removal of one dead River Red gum. This tree is proposed to be removed and relocated to provide habitat outside of the extraction area. consistent with the above policies. The proposal is therefore CLAUSE SIGNIFICANT ENVIRONMENTS AND LANDSCAPES Contains policies relating to environmentally sensitive areas and landscapes. Objectives of these policies are: To protect and conserve environmentally sensitive areas. To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Comment: The subject site forms part of a larger area that is subject to Schedule 1 to the Significant Landscape Overlay which recognises this area for its treeless and open character. The site is not visible within the public view shed of the You Yangs and thus the proposal will have no impact on the landscape values of this area. Works will be undertaken in a staged and progressive manner therefore the active extraction site will be limited. Areas not forming part of the active extraction site will remain undisturbed or rehabilitated and reinstated for rural use. Page 22 of 27

24 CLAUSE NOISE AND AIR Contains policies relating to noise abatement and air quality and aims to assist the control of noise effects on sensitive land uses and assist the protection and improvement of air quality. Comment: The proposed extractive use will not have a detrimental impact on the air and noise quality in this area. The extraction site will be limited in area and progressively rehabilitated therefore there will be no significant areas of exposed soil. The operation will also be mostly limited to the use of earth moving machinery involved in extraction and loading and therefore does not present a substantial industrial activity capable ofproducing excessive noise. It is also noted that the site is well over a kilometre from the nearest dwelling and thus will not detrimentally impact on residential amenity. CLAUSE AGRICULTURE Contains policies relating to the protection of agricultural land and sustainable agricultural land use. Relevant objectives of these policies are: To protect productive farmland which is of strategic significance in the local or regional context. To encourage sustainable agricultural land use. Comment: It is considered that this application accords with this policy as sand and stone resources are mostly located in the rural zone and their extraction is considered to form part of the sustainable land use in this context. As advised, in addition the subject site will continue to be utilised for agricultural purposes and will also be reinstated for this purpose. CLAUSE WATER Contains policies relating to catchment planning and management, water quality and water conservation. The objectives of these policies are: To assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. To protect water quality. To ensure that water resources are managed in a sustainable way. Comment: It is considered that this application accords with this policy as surface water will be diverted away from active extraction areas and water used for the extraction and washing processes will be recycled. In addition, settlement basins will be utilised to remove solids and to improve water quality before being released from the site. CLAUSE RESOURCE EXPLORATION AND EXTRACTION This policy seeks to encourage exploration and extraction of natural resources in accordance with acceptable environmental standards and to provide a planning approval process that is consistent with the relevant legislation. It also includes a number of strategies to manage these resources to ensure their long term protection and to manage buffer to minimise any adverse effects. Comment: It is considered that this policy supports this application as the proposed extraction will be undertaken in accordance with contemporary environmental standards without impact to surrounding areas as outlined in WA1532. Page 23 of 27

25 CLAUSE HERITAGE Contains policies relating to heritage conservation and aboriginal cultural heritage. The objectives of these policies are: To ensure the conservation of places of heritage significance. To ensure the protection and conservation of places of Aboriginal cultural heritage significance. lar 1 rail Areas of Possible Cultural Heritage Sensitivity 1 1 : Subject Site i, Comment: Under the Aboriginal Heritage Act 2006, the subject site is identified as being within an area o f possible cultural heritage sensitivity, as indicated on the above map extract from the Department of Primary Industries land status data base. The application is supported by an approved Cultural Heritage Management Plan No by Alpha Archaeology (see attached). CLAUSE 17 ECONOMIC DEVELOPMENT Contains policies relating to commercial, industrial and tourism development objectives of which include facilitating the sustainable development and operation of industry and research and development activity. Comment: The proposal accords with this policy as the provision o f a sand supply f o r broad industry within close proximity to Geelong will assist in reducing development costs and increase business opportunities f o r this region. Page 24 of 27

26 10.2 LOCAL PLANNING POLICY FRAMEWORK MUNICIPAL STRATEGIC STATEMENT CLAUSE MUNICIPAL FRAMEWORK PLAN Includes a spatial view of the Council's strategic directions. M o n s : p a l Bound., b e s t i n g Urban Areas Etashno industnat if...4z ft, I & y, major Resources S u b R e o b n a l Centres Rural b u n g Nodes Identified Urban Growth Area Raitway Roll Mahon P O R T PHILLIP Comment: The site is immediately adjacent to an area identified as 'Extractive Industry' on Council's Municipal Framework Plan and forms part o f this area where this valuable resource can be found. CLAUSE BIODIVERSITY This policy aims to protect, maintain and enhance the biodiversity of the municipality by: Ensuring that land use and development enhances areas of native vegetation and other habitats. Ensuring that land use and development minimises the fragmentation of areas of native vegetaton and other habitats. Ensuring habitats of indigenous species are protected from the impacts of land use and development. Ensuring that land use and development does not aggravate existing salinity impacts or lead to the generation of newly affected areas, particularly through rising groundwater levels. Comment: This proposal is consistent with this policy as it minimises the removal o f native vegetation by locating the proposed extraction site to the cleared area o f the property and away from areas that contain large native trees. The proposal has also been amended to reduce the need to remove seven River Red gum trees and thus ensures that these trees and others will be protected. Page 25 of 27