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v Development Application Material Recovery Facility Lot 62 (72) Hyne Road Guildford, WA Prepared for Wonteco Pty Ltd April 2020

Development Application...Development Application 3 Controls being considered as part of the detailed design for reconstruction include: • Design for a special hazard including increased

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Page 1: Development Application...Development Application 3 Controls being considered as part of the detailed design for reconstruction include: • Design for a special hazard including increased

v

Development Application

Material Recovery FacilityLot 62 (72) Hyne Road

Guildford, WA

Prepared forWonteco Pty Ltd

April 2020

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Copyright Statement 2020 © Planning Solutions (Aust) Pty Ltd All rights reserved. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic or otherwise, without the prior written permission of Planning Solutions (Aust) Pty Ltd. No express or implied warranties are made by Planning Solutions (Aust) Pty Ltd regarding the information and analysis contained in this report. In particular, but without limiting the preceding exclusion, Planning Solutions (Aust) Pty Ltd will not verify, and will not assume responsibility for, the accuracy and completeness of information provided to us. This report has been prepared with particular attention to our Client’s instructions and the relevant features of the subject site. Planning Solutions (Aust) Pty Ltd accepts no liability whatsoever for: 1. a third party’s use of, or reliance upon, this report; 2. use of, or reliance upon, this report in relation to any land other than the subject site; or 3. the Client’s implementation, or application, of the strategies recommended in this report. Direct all inquiries to: Planning Solutions Level 1, 251 St Georges Terrace Perth, WA 6000 All correspondence to: GPO Box 2709 Cloisters Square PO 6850 Phone: 08 9227 7970 Email: [email protected] Web: www.planningsolutions.com.au

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Project details

Job number 6493

Client Wonteco Pty Ltd

Prepared by Planning Solutions

Consultant Team Town Planning Planning Solutions

Architecture Meyer Shircore and Associates

Fire Safety Design Wood & Grieve Engineers / Stantec

Bushfire Management Bushfire Prone Planning

Transport Planning Shawmac

Document control

Revision number File name Document date

Rev 0 200402 6493 DA Report 02 April 2020

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Contents

1 Preliminary ............................................................................................................................................ 2 1.1 Introduction ............................................................................................................................................ 2 1.2 Project history and background .............................................................................................................. 2 1.2.1 Previous approvals ................................................................................................................................. 2 1.2.2 November 2019 fire event ...................................................................................................................... 2 1.2.3 Meeting with the City of Swan ................................................................................................................ 3

2 Site analysis ......................................................................................................................................... 4 2.1 Land description ..................................................................................................................................... 4 2.2 Location and context .............................................................................................................................. 4 2.3 Site conditions ........................................................................................................................................ 4

3 Proposed development ....................................................................................................................... 6 3.1 Development summary .......................................................................................................................... 6 3.2 Proposed operations .............................................................................................................................. 6 3.3 Traffic ..................................................................................................................................................... 7 3.4 Fire safety .............................................................................................................................................. 7 3.5 Bushfire management ............................................................................................................................ 8 3.6 Truck service area .................................................................................................................................. 8

4 Statutory planning framework .......................................................................................................... 10 4.1 Metropolitan Region Scheme ............................................................................................................... 10 4.2 City of Swan Local Planning Scheme No. 17 ....................................................................................... 10 4.2.1 Zoning .................................................................................................................................................. 10 4.2.2 Use Class and Permissibility ................................................................................................................ 10 4.2.3 Development Standards and Requirements ........................................................................................ 12 4.3 State Planning Policies ........................................................................................................................ 12 4.3.1 SPP3.7 – Planning in Bushfire Prone Areas ........................................................................................ 12 4.3.2 SPP4.1 State Industrial Buffer Policy ................................................................................................... 13 4.3.3 SPP5.1 – Land Use Planning in the Vicinity of Perth Airport................................................................ 13 4.4 Local Planning Policies ........................................................................................................................ 13 4.4.1 POL-TP124 – Building and Development Standards – Industrial Zones .............................................. 13 4.4.2 POL-TP-129 Vehicle Parking Standards .............................................................................................. 14 4.4.3 POL-LP-1-10 Provision of Public Art .................................................................................................... 15 4.4.4 POL-C-096 Guildford and South Guildford District Drainage ............................................................... 15

5 Conclusion .......................................................................................................................................... 16

Figures Figure 1: Aerial Plan Figure 2: Wash and Service Bay Diagram Figure 3: Zoning Map Appendices Appendix 1: Previous Development Approvals Appendix 2: Certificate of Title Appendix 3: Previously Constructed Facility Plan Appendix 4: Development Plans Appendix 5: Transport Impact Statement Appendix 6: Fire Mitigation Strategy Appendix 7: Bushfire Management and Risk Management Plans

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Material Recovery Facility – Lot 62 (72) Hyne Road, South Guildford Development Application

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1 Preliminary

1.1 Introduction Planning Solutions acts on behalf of Wonteco Pty Ltd, the registered proprietor of Lot 62 (72) Hyne Road, South Guildford (subject site). Planning Solutions has prepared the following report in support of an Application for Development Approval for the reconstruction of a material recovery facility at the subject site. The proposed works on site comprise reconstruction of the materials recovery facility building, which was damaged in a fire in late 2019, along with modifications to associated outbuildings, on-site parking and landscaping. The facility, operated by Cleanaway, will provide a range of sustainable recycling services as it did prior to the fire event. This report will discuss various matters pertinent to the proposal, including:

• Site analysis

• Development details

• Planning framework

1.2 Project history and background 1.2.1 Previous approvals An application for Development Approval for a materials recovery facility and associated office/storage areas was lodged with the City of Swan in late 2015, for determination by the Metro East Joint Development Assessment Panel (JDAP). The application was determined by the Metro East JDAP on 29 February 2016, with approval granted subject to various conditions. A Form 2 application under Regulation 17A of the Planning and Development (Development Assessment Panels) Regulations 2011 seeking to amend the February 2016 JDAP approval was lodged in mid-2016, proposing modifications to the approved plans (including minor changes to car parking, landscaping and building design). The Form 2 application was considered and approved by the JDAP on 26 August 2016. Refer Appendix 1 for a copy of both JDAP approval notices and a copy of the (modified) approved plans. Construction of the materials recovery facility was completed in May 2017, in accordance with relevant Building Code requirements and applicable Australian Standards with respect to fire controls. It operated thereafter in accordance with relevant approvals and permits. 1.2.2 November 2019 fire event On 25 November 2019, the materials recovery facility experienced a fire which damaged nearly 75% of the facility. The fire started in the finished product store, and spread to the production area, causing significant structural damage to the building. An assessment following the fire event identified a number of key lessons which have been incorporated into the proposed redevelopment design. Since the original construction of the facility, the Victorian EPA and the NSW Fire and Rescue Services have compiled guidance on fire controls relating to waste management. In consultation with an externally appointed fire engineer and the Western Australian Department of Fire and Emergency Services (DFES), Cleanaway is developing its own controls based on the relevant codes and guidance documentation for approval by the relevant agencies.

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Controls being considered as part of the detailed design for reconstruction include:

• Design for a special hazard including increased fire suppression and water storage capability.

• Additional smoke detection system suited for the building use.

• Additional controls to limit the severity, duration and the intensity of potential fire events.

• Further reductions in the risk of fire spreading throughout the storage area.

• Introduction of fire cannons/monitors.

• Access improvements and segregation of process areas.

• Inclusion of concrete bunkers where appropriate.

• Introduction of processes to control smoke.

• Adequate containment of fire water. The fire damaged portions of the facility are currently being demolished in accordance with a City of Swan issued demolition permit. Those portions of the building not damaged by fire are to be retained as part of this application. Additional details of the proposed development are provided in Section 3 of this report. 1.2.3 Meeting with the City of Swan The project team met with the City’s Manager of Planning on 12 February 2020 to discuss the facility’s reconstruction, planning approval requirements and key considerations. Feedback received at this meeting clarified the City’s expectations with respect to the following:

• The requirement for a fresh development approval for the proposed works, notwithstanding the previous development approvals granted for the site.

• The importance of community engagement and consultation, with advertising of the application to occur.

• Lessons learned with respect to the fire event, and that additional fire safety measures be identified in the development application.

• Environmental considerations and advice of referral agencies.

• Other inputs required in support of the development application, consistent with previous applications / approvals.

• Application assessment processes and associated timeframes. This application has been prepared consistent with the feedback and advice provided by the City.

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2 Site analysis

2.1 Land description The subject site comprises a freehold green-title lot held under private ownership by Wonteco Pty Ltd Refer to Table 1 below for a description of the subject site. Table 1: Lot details

Lot Plan / Diagram Volume Folio Area (ha)

62 Diagram 60242 1602 963 2.7515

Refer Appendix 2 for a copy of the Certificate of Title and associated Sketch of Land. There are no easements or caveats listed on the Certificate of Title burdening the land or materially affecting the proposed development.

2.2 Location and context The subject site is located at 72 Hyne Road, South Guildford, within the local government municipality of the City of Swan (City). It is approximately 11km north east of the Perth CBD, and 5km south west of the Midland Strategic Metropolitan Centre. The locality surrounding the subject site is generally characterised by industrial land uses. The site is bound by Great Eastern Highway Bypass to the south east, Hyne Road to the South West, and industrial land uses to the north west and north east. Further afield is the Perth Airport (south east of the Great Eastern Highway Bypass), and residential land uses approximately 400m to the north west (north of the Great Eastern Highway). Vehicular access to the subject site is provided via three (3) existing and previously approved crossovers from Hyne Road, which in turn connects to Great Eastern Highway and the broader regional road network. Refer Figure 1 for an Aerial Plan illustrating the subject site’s location and context.

2.3 Site conditions The subject site is generally rectangular in shape with an angled south eastern boundary (interfacing with the Great Eastern Highway Bypass reserve). The site has a frontage width of approximately 114m to Hyne Road, and a boundary length of approximately 165m interfacing with the Great Eastern Highway Bypass. The subject site is generally flat, with site levels ranging between 9.5m AHD and 11m AHD. The previously approved and constructed materials recovery facility building is L-shaped and occupied close to 40% of the subject site, while the majority of the balance portion of the site comprising hardstand areas utilised for vehicle access, circulation and parking. Landscaped areas comprise approximately 10% of the total site area, consistent with planning framework requirements and previous approvals. The site is served by necessary power and reticulated water infrastructure, while wastewater is disposed of via an Aerobic Treatment Unit (ATU) given the absence of reticulated sewer infrastructure in the locality. Refer Appendix 3 for a plan of the previously constructed facility, confirming the location of existing buildings, structures, hardstand areas and site levels.

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01DISCLAIMER: THIS DOCUMENT IS AND REMAINS THE PROPERTY OF PLANNING SOLUTIONS AND MAY NOT BE COPIED IN WHOLE OR IN PART WITHOUT THE WRITTEN CONSENT OF PLANNING SOLUTIONS. ALL AREAS, DISTANCES AND ANGLES ARE APPROXIMATE ONLY AND ARE SUBJECT TO SURVEY.

FIGURE

BASEPLAN SOURCE: NEARMAPS

Subject Site

LEGEND

AERIAL PHOTOGRAPHSCALE 1: 2,000 @ A4DATE 30 March 2020FILE 01 200330 6493 Aerial Photograph.dwgREVISION 2/NK/Rev/30.03.2020

1/DR/First Draft/17.03.2020LOT 62 (72) HYNE ROADSOUTH GUILDFORD, WA

GREATEASTERN

HIGHWAYBYPASS

50Scale Bar (m)

0

HYNE

ROAD

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3 Proposed development

3.1 Development summary This application seeks development approval for reconstruction of the fire damaged Cleanaway Material Recovery Facility, which was partially destroyed by fire in November 2019. Fire damaged portions of the main facility building are currently being demolished in accordance with necessary permits, and are identified in the Existing Site & Roof Plan provided within Appendix 4. The proposed reconstruction works seek to provide a materials recovery facility that is very similar in design to what was approved previously on the subject site, with key changes summarised as follows:

• Modified pump room and replacement of existing single fire tank and one car bay with two new fire tanks, significantly increasing the on-site water storage capacity for firefighting purposes.

• Additional bunding around facility perimeter to retain fire water.

• Provision of a new screened truck service area to the east of the existing weighbridge, comprising a new demountable crib room (providing kitchen/dining, change room and toilets/showers for truck drivers), relocated diesel fuel storage tank, storage and wash/service bay.

• An additional 189m2 of facility floor area, principally associated with additional amenities and administrative space provided on the first and second floor above workshop/parts storage area.

• A total of 90 on-site car bays proposed (92 fewer than previously approved) and 39 truck bays (17 more than previously approved).

This development application is supported by a range of expert consultant assessments, confirming the proposed design and management arrangements are appropriate from a traffic/access, fire safety and bushfire risk management perspective. Refer Appendix 4 for a copy of the development plans.

3.2 Proposed operations The materials recovery facility is designed to accommodate 24-hour operations, which is necessary to ensure flexibility and capacity to cater for fluctuating intake volumes throughout the year. Notwithstanding this, it is anticipated that the facility will typically operate between the hours of 5am and 10pm Monday to Saturday, in the following manner:

• Two shifts of 30 workers each, with the morning shift running from 5am to 1pm, and the afternoon shift running from 1pm to 9:15pm.

• The plant itself will normally run between 5am and 9:15pm. A fluctuation in the daily intake of materials may require the plant to run later than 9:15pm to ensure there is no backlog for the following day of operations.

• Maintenance activities occur after the day’s processing is complete. If a large maintenance task needs to be undertaken, this needs to occur outside of operating hours, to ensure operations can commence the next day.

The facility employs 60 people, split into two teams of 30. In addition to these employees, it is anticipated that there could be up to 20 additional visitors on site at any one time. The facility processes and operations are generally summarised as follows:

• Incoming product is delivered to the delivery/tipping area (2,500m2) and piled ready for processing.

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• Product is transferred to the material processing plant area (4,987m2) and fed into a material processing production line, separating and compacting the product.

• Sorted and compacted end product is then transferred to the finished product store (2,406m2) ready for loading into containers.

• Finished product is loaded into containers within the covered loading dock, and loaded onto semi-trailers for transport.

3.3 Traffic A Traffic Impact Statement (TIS) was prepared by Shawmac in support of the original development application in 2015, and has been reviewed/updated to support this current application – refer Appendix 5. The TIS demonstrates there will be minimal impacts on the surrounding road network arising from the proposal, and that the proposed access and car parking arrangements are satisfactory. Furthermore, the operation of a materials recovery facility on the subject site for some two and a half years, has demonstrated both the capacity of the site/road network to accommodate vehicle traffic and on-site parking for all employees/visitors. A summary of the TIS conclusions are as follows:

• The proposed development will have a minimal impact on the adjacent road network and no modification to the network is recommended.

• The site operates well within peak hour capacity for the Great Eastern Highway / Hyne Road intersection.

• The proposed provision of on-site car parking is sufficient, having regard for employees/visitor numbers and historic usage rates (when previously operating).

• Accessibility for pedestrians and cyclists is adequate.

• Existing public transport services are adequate.

• The are no atypical crash patterns in the locality, and the expected traffic volumes are not likely to increase the risk of crashes on the road network.

Refer Appendix 4 for a copy of the TIS.

3.4 Fire safety The original facility was designed and constructed to the relevant Building Code requirements and Australian Standards to ensure adequate fire controls were implemented. However, since the fire event in November 2019, additional building design and operational measures are now being pursued by Cleanaway to reduce the likelihood of future fire events, along with improved control elements to contain/extinguish a fire should it occur. Since the original construction of the facility, the Victorian Environmental Protection Authority (VEPA) and New South Wales Fire and Rescue Services have compiled guidance on fire controls relating to waste management. In consultation with an externally appointed fire engineer and DFES, Cleanaway is developing its own controls based on the relevant codes and guidance documentation for approval by the relevant agencies. Controls being considered as part of the detailed design for reconstruction include:

• Design for a special hazard including increased fire suppression and water storage capability.

• Additional controls to limit the severity, duration and the intensity of potential fire events.

• Further reductions in the risk of fire spreading throughout the storage area.

• Introduction of fire cannons/monitors.

• Access improvements and segregation of process areas.

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• Inclusion of concrete bunkers where appropriate.

• Introduction of processes to control smoke.

• Adequate containment of fire water. An outline of the fire strategy for the facility has been provided by Wood & Grieve Engineers / Stantec and is enclosed at Appendix 6. This advice also confirms:

• The building is to be constructed of non-combustible materials, and designed in accordance with Building Code of Australia requirements for a ‘Large Isolated Building’.

• Physical barriers / separating walls will limit the extent of continuous material storage within recommended limits, further limiting the potential for fire spread.

• The installation of fire/smoke detection systems, automatic fire sprinklers (with increased water supply capacity), fire hydrant systems including external hydrants and boosters, and occupant warning systems.

• The development of operational controls, including limits on pile sizes and storage heights and emergency response procedures.

3.5 Bushfire management The subject site is located within a designated bushfire prone area in accordance with the DFES Map of Bushfire Prone Areas. Accordingly, a Bushfire Management Plan and Bushfire Risk Management Plan have been prepared by Bushfire Prone Planning to demonstrate appropriate bushfire risk management for the proposed development. The maximum Bushfire Attack Level (BAL) rating for the proposed facility and associated buildings is BAL-29, while the south eastern most portion of the site adjacent the Great Eastern Highway Bypass (not containing any buildings) have elevated BAL ratings. As the facility is deemed to be a high risk land use, the whole of the subject site is to be maintained to a low bushfire threat state, and that the main building be constructed to comply with AS3959-2018 (BAL-29) construction standards. Furthermore, the proposed demountable crib room should also have ember screens installed to all openable parts of windows. Refer Appendix 7 for a copy of the Bushfire Management Plan and Bushfire Risk Management Plan prepared by Bushfire Prone Planning.

3.6 Truck service area The proposed truck service area was not included in the original development application/approval, although the diesel fuel tank was previously approved/installed in a different location. The truck service area is required to provide the necessary support activities for trucks using the facility, including:

• Truck driver amenities (within demountable crib room).

• Fuel storage / filling.

• Truck wash and servicing. These truck service activities have been consolidated in a single location, and will be suitably screened from public view / Hyne Road. The demountable crib room is pre-fabricated and easily installed on site, while the diesel fuel tank is to be appropriately bunded and constructed in accordance with applicable regulatory requirements. The roofed wash / service bays will be used to wash a range of equipment used for the operations of the facility. The wash bays will increase the overall efficiency of the facility as machinery used can be washed on site. The wash / service bays will capture, control and dispose of the wastewater in a controlled manner, avoiding the possibility of wastewater being discharged through the stormwater system. Water from the wash and service bays will be collected in a sump pit under the bays and pumped into the capture tank located on site.

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The tanks will be located within a bunded area, so if one tank fails, potential spillage will be captured in the bund. The bund has the potential to hold 120% of the capture tanks volume. If the overflow tank reaches a high level, the water supply to the wash and service bays will be cut off. A level switch on the capture tank will provide an alarm to advise that the tank is full. Figure 2 below illustrates the proposed function of the wash bays and associated wastewater capture.

Figure 2 – Wash / service bay wastewater capture arrangements

Capture Tank

Overflow tank

Bunded wash area

Level switch Level switch

Submersible pump

Pump out spigots

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4 Statutory planning framework

4.1 Metropolitan Region Scheme The subject site is zoned Industrial under the provisions of the Metropolitan Region Scheme (MRS). There are no MRS reserves affecting the subject site, although the Great Eastern Highway Bypass adjacent the site is reserved under the MRS for Primary Regional Roads. The proposed development is consistent with the subject site’s zoning under the MRS and can be approved accordingly.

4.2 City of Swan Local Planning Scheme No. 17 4.2.1 Zoning The subject site is zoned General Industrial under the City of Swan’s Local Planning Scheme No.17 (LPS17). This is illustrated in the zoning map provided at Figure 3. Pursuant to Clause 4.2.5 of LPS17, the objectives of the General Industry zone are as follows:

(a) Provide for a range of generally larger scale industrial development, including manufacturing, storage and distribution;

(b) Ensure development within the zone is complementary to development in other zones and to avoid development of land for any purposes or in any manner which would detract from the viability or integrity of development in either the Strategic Regional Centre or the Commercial Zones;

(c) Ensure any on-site advertising is integrated with the overall site development and does not detract from the amenities of the road frontages or of adjacent development;

(d) Protect the amenity of adjacent property owners as well as providing a safe, efficient and predictable context for future industrial development.

The proposal seeks to reinstate the materials recovery facility that was previously approved and developed on the subject site, consistent with the land’s zoning. The proposed development is entirely consistent with the zone objectives, as it is comprises a large-scale industrial development, does not detract from the viability of development in other zones, and will not detract from the amenity of the streetscape and neighbouring property owners. As previously stated, additional fire safety measures are to be implemented by the proponent to mitigate and minimise the risk of further fire events occurring and affecting the amenity of the locality. 4.2.2 Use Class and Permissibility Previous development approvals issued by JDAP for the subject site in 2016 reflect the City’s assessment and classification of the material recovery facility as a combination of the following land uses:

• Transport Depot – Deemed by the City to be applicable to the 2,500m2 incoming material delivery / tipping area, and the parking and refuelling of numerous commercial vehicles.

• Industry - General – Deemed by the City to be applicable to the balance of the material recovery facility and its operations involving the sorting, processing, and temporary storage of baled waste materials.

Each of these land uses are defined as follows in Schedule 1 – Dictionary of Defined Words and Expressions of LPS17:

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DISCLAIMER: THIS DOCUMENT IS AND REMAINS THE PROPERTY OF PLANNING SOLUTIONS AND MAY NOT BE COPIED IN WHOLE OR IN PART WITHOUT THE WRITTEN CONSENT OF PLANNING SOLUTIONS. ALL AREAS, DISTANCES AND ANGLES ARE APPROXIMATE ONLY AND ARE SUBJECT TO SURVEY.

FIGURE

BASEPLAN SOURCE: WAPC

ZONING MAPLOT 62 (72) HYNE ROAD,GUILDFORD, WA

SCALE 1: 4,000 @ A4DATE 17 March 2020FILE 02 200330 6493 Zoning Map.dwgREVISION 2/NK/Rev/30.03.2020

1/DR/First Draft/17.03.2020Scale Bar (m)

0 50 100

Subject Site

LEGEND

REGION SCHEME RESERVESPrimary Regional Roads

Public Purposes -Special Uses

Public Purposes -Commonwealth Government

LOCAL SCHEME RESERVESLocal Road

Industrial Development

LOCAL SCHEME ZONES

General Industrial

CG

SU

OTHER

R CodesR20

Residential

03

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“industry” means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes the use of premises on the same land used for — (a) the storage of goods; (b) the work of administration or accounting; (c) the selling of goods by wholesale or retail: or (d) the provision of amenities for employees; incidental to any of those industrial operations; “industry – general” means an industry other than a cottage, extractive, light, mining, noxious, rural or service industry. “transport depot” means premises, or a portion of premises, used for the parking or garaging of commercial vehicles, and — (a) may include the maintenance and refuelling of those vehicles and the storage of goods brought

to the premises by those vehicles, provided that those activities are ancillary to the parking or garaging of the commercial vehicles; and

(b) may include the transfer of goods or persons from one motor vehicle to another but does not include the parking or garaging of commercial vehicles approved pursuant to clause 5.10 of the Scheme.

Both ‘Industry – General’ and ‘Transport Depot’ are listed in the LPS17 Zoning Table as ‘P’ uses within the General Industrial zone. This means that the uses are permitted by the Scheme provided they comply with the relevant development standards and the requirements of the Scheme. Such land uses have already been approved and undertaken on the land, and in this respect, this application simply seeks approval for the proposed ‘works’ required to recommence such land uses. 4.2.3 Development Standards and Requirements Part 5 of LPS17 establishes general development requirements applicable across all zones, while Part 6 of LPS17 contains specific standards and requirements applicable to Special Control Areas (SCAs). In the case of the proposed development, there are no applicable requirements listed under Part 5 of LPS17, however, the subject site’s location within the ‘Aircraft Noise Exposure Area’ SCA makes it subject to Clause 6.2 of LPS17. Clause 6.2 of LPS17 imposes additional requirements on the development of land uses within the SCA that are sensitive to aircraft noise. As per Schedule 12 of LPS17, “other industrial” development is deemed to be “acceptable” within all listed Aircraft Noise Exposure Forecast (ANEF) areas, hence there are no particular restrictions or requirements applicable to the proposed development.

4.3 State Planning Policies 4.3.1 SPP3.7 – Planning in Bushfire Prone Areas As previously noted, the subject site is identified as ‘Bushfire Prone’ by DFES. In accordance with the requirements of SPP3.7, a Bushfire Management Plan (including BAL assessment) and Bushfire Risk Management Plan have been prepared in support of the proposed development by Bushfire Prone Planning (refer Appendix 7). The maximum Bushfire Attack Level (BAL) rating for the proposed facility and associated buildings is BAL-29. As the facility is deemed to be a high risk land use, the whole of the subject site is to be maintained to a low bushfire threat state, and the main building is to be constructed to comply with AS3959-2018 (BAL-29) construction standards. The Bushfire Management Plan also recommends that the proposed demountable crib room have ember screens installed to all openable parts of windows.

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4.3.2 SPP4.1 State Industrial Buffer Policy SPP4.1 provides a state-wide approach to the protection of industry and the safety/amenity of non-industrial land uses. Aligned with this policy and its application is the Environmental Protection Agency’s (EPA) Guidance Statement No.3 Separation Distances between Industrial and Sensitive Land Uses. EPA Guidance Statement No.3 provides a list of generic separation distances to be maintained between certain industrial activities and other sensitive land uses (e.g. residential). The material recovery facility operates under an environmental licence issued by the Department of Water and Environmental Regulation (DWER) for a Category 61A Solid Waste Facility and a Category 62 Solid Waste Depot. Pursuant to Guidance Statement No.3, it is recommended that a Waste Depot (being a “premises on which waste is stored or sorted, pending final disposal or re-use”) maintain a separation distance of 200m to the closest sensitive premises. Consistent with Guidance Statement No.3 and the principles of SPP4.1, there are no sensitive premises within 200m of the subject site, and the proposed development can be approved accordingly. 4.3.3 SPP5.1 – Land Use Planning in the Vicinity of Perth Airport The subject site is located in proximity to Perth Airport and within the 25-30 ANEF noise exposure area. As previously noted, “other industrial” development is deemed to be “acceptable” within all listed Aircraft Noise Exposure Forecast (ANEF) areas, hence there are no particular restrictions or requirements applicable to the proposed development. It is also noted that limits to building height and light emissions are also applicable to development in the vicinity of Perth Airport. The proposed development, like the previously approved development on the subject site, is compliant with the maximum building height limit of 39m AHD. Furthermore, a condition was applied to the previous planning approval limiting the maximum intensity of external light sources. The proposed development is consistent with SPP5.1 and can be approved accordingly.

4.4 Local Planning Policies 4.4.1 POL-TP124 – Building and Development Standards – Industrial Zones The City of Swan’s Local Planning Policy POL-TP124 – Building and Development Standards – Industrial Zones establishes development standards for development within Light Industrial, General Industrial and Industrial Development Zones. A summary of the proposed development’s compliance with the policy requirements is provided in Table 2 below: Table 2: Compliance with industrial zones building and development standards policy

Item Standard / requirement Proposed Comment

Frontage width 20m minimum 114m Complies

Setbacks Minimum setbacks in General Industrial zones:

• Front – 9m

• Side – Nil

• Rear – Nil

• Front – 12m (to water tank), 17m (to existing gate house) and 23m (to existing office)

• Side – Approx. 6-7m

• Rear – Approx. 6-7m

Complies

Plot ratio Max 0.6:1 (16,509m2) 0.39:1 (10,774m2) Complies

Landscaping Minimum 10% total site area (2,751m2) Approx. 11% of site area (3,003m2) Complies

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Item Standard / requirement Proposed Comment

Refuse / storage area

Screened from view from street, and accessible to service vehicles.

All refuse/storage areas are internal within the buildings and accessible to service vehicles.

Complies

Facades To be constructed of brick, stone, concrete or glass (or other material to the satisfaction of Council).

Concrete tilt up walls, colorbond cladding and glass.

Complies

Parking As per City’s Vehicle Parking Standards Policy

90 on-site car bays and 39 on-site truck bays

Refer assessment under section 4.4.2 below.

As evidenced in Table 2 above, the proposed development is generally compliant with the requirements of the City’s Building and Development Standards – Industrial Zones policy and warrants approval accordingly. 4.4.2 POL-TP-129 Vehicle Parking Standards On-site parking requirements are established by the City of Swan’s Local Planning Policy POL-TP-129 Vehicle Parking Standards. Table 3 below provides an assessment of the on-site parking provision against policy requirements. Table 3 – On-site parking assessment

Land use Parking Ratio (Policy) Proposed GLA Bays required (based on GLA)

Proposed number of bays

Industry – General

3 bays per 100sqm GLA, or

2 bays per person employed (whichever greater)

8,274sqm 248 bays

90 car bays and 39 truck bays = 129 bays total

Transport Depot

1 bay per 100sqm GLA, or

1 bay per person employed (whichever greater)

2,500sqm 25 bays

Total 274 bays

While the amount of proposed on-site parking is less than that typically required in accordance with the City’s Vehicle Parking Standards policy, the proposed on-site parking arrangements are considered acceptable in this particular instance having regard for the following considerations:

• The actual amount of parking required to accommodate all staff and visitors is significantly lower than the policy requirements. In this regard:

o The facility will operate two shifts of 30 employees each, meaning that during shift changes there could be a maximum of 60 staff on site. Assuming each individual employee drives their own car, this still only necessitates 60 bays.

o The maximum number of visitors on site at any one time is 20. Again, assuming each individual visitor drives their own car, this necessitates a maximum of 20 bays for visitors. Notwithstanding this, considering the nature of the operations, people visiting the site is a rare occurrence, and unlikely to overlap with peak employee times (e.g. shift changes).

o A total of 80 on-site bays is required to accommodate the theoretical maximum number of staff (60) and visitors (20) on site at any one time.

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• Variations to parking policy requirements have previously been supported by the City and approved by the JDAP, acknowledging that the actual demand for parking would be significantly lower than the policy requirements. Notably, the 2016 JDAP approval required 184 car bays to be provided, but only a small portion of these bays were ultimately used (as discussed in the next dot point).

• Historical aerial photography confirms that actual parking utilisation rates are consistent with that outlined above, and that the proposed number of bays are entirely adequate to accommodate this demand. The aerial photographs provided in the traffic report (Appendix 4) clearly illustrate that the car parking bays previously approved in southernmost portion of the site (south east of the weighbridges and gate house) were seldom used by cars, while the car parking area in the western portion of the site (north west of the weighbridges and gate house) could cater for the majority, if not all, of the cars on site.

• Notwithstanding the ‘on paper’ shortfall against policy requirements, there remains extensive hardstand space on the subject site to accommodate significantly greater numbers of marked car bays, should there be any future changes in terms of tenants or industrial activity. In this respect, it we note that the tenant has a long term lease of the site in the order of 15-25 years, with any future tenant/activity changes unlikely to occur in the coming decades. It is not a case of whether the site can accommodate a compliant number of bays (it can), but whether there is a compelling case to require such a large number of bays that are clearly surplus to requirements (and in all likelihood would sit vacant).

Having regard for the matters outlined above, we consider it appropriate to exercise discretion in this instance and approve the proposed parking arrangements. 4.4.3 POL-LP-1-10 Provision of Public Art The City of Swan’s Local Planning Policy POL-LP-1.10 Provision of Public Art generally requires that for prescribed developments, public art be provided on the development site (or another location agreed with the City) at a value of 1% of the development cost. Condition 3 of the previous development approval for the site required the provision of public art (to a value of $85,000) in accordance with the City’s policy. Significant investment was made by the proponent to install a mural on the site in accordance with the approval condition, but this was partially damaged as a result of the November 2019 fire. The proponent intends to ‘make good’ the fire damaged mural, hence restoring the public art to its former state. Having regard for the policy requirements and site/approvals history, we consider any further approval conditions / additional contributions to be unnecessary and unwarranted in this instance. Public art has already been provided on site in accordance with previous approvals, and will be reinstated alongside the other proposed rebuilding works. 4.4.4 POL-C-096 Guildford and South Guildford District Drainage The City of Swan’s Local Planning Policy POL-C-096 Guildford and South Guildford District Drainage requires drainage contribution fees to be collected from all new subdivisions, developments and/or extensions to existing developments in the South Guildford District Drainage Area. Condition 14 of the previous development approval for the site required a drainage contribution of $174,726.60 to be paid prior to occupancy. As such a contribution has already been paid by the proponent, and there is no material/substantial change to the nature of the proposed development, no further contributions are warranted in this instance.

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5 Conclusion The proposed works to reinstate the material recovery facility at Lot 62 (72) Hyne Road, South Guildford are in response to the fire event that took place in November 2019, damaging large portions of the previously approved/constructed facility. Reestablishment of material recovery facility operations will significantly improve the capacity of metropolitan local authorities to manage and recycle municipal waste, which has been significantly impacted in recent months. The proposal is consistent with the requirements of the planning framework and warrants approval for the following reasons:

• The proposed works are generally consistent with that previously approved, with only minor changes proposed to improve operational efficiency and fire safety arrangements.

• The proposal is consistent with the relevant provisions of the MRS, LPS17, state and local planning policies.

• The proposal has incorporated additional fire mitigation measures to ensure the likelihood of potential future fire events are minimised, as well as appropriate and efficient response measures.

• The proposal is supported by expert reporting including a Transport Impact Statement, Fire Mitigation Strategy and Bushfire Management Plan.

We respectfully request that the Application for Development Approval be supported by the City of Swan and approved by the Metro-East Joint Development Assessment Panel on its individual merits.