3.3 expansion to existing transport depot and … · 2016-05-11 · • the proposal was advertised...

Ordinary Meeting of Council 2 September 2009

Cr Marino disclosed an interest affecting impartiality in Item 3.3 as he is related to the Applicant. Cr Marino left the Chamber at 6.44pm and was absent during the whole of the debate on Item 3.3 and did not speak or otherwise participate in the decision making process.

3.3 EXPANSION TO EXISTING TRANSPORT DEPOT AND ASSOCIATED SHED (INCIDENTAL) - LOT 4 (NO. 94) WARREN ROAD, BULLSBROOK

(North) (Development Services) (DA482-09)

KEY ISSUES

• Approval is sought for the expansion of an existing Transport Depot, which also includes a shed.

• The existing Transport Depot was originally approved by Council at its Ordinary Meeting held on 27 May 1998.

• The subject lot is currently zoned 'General Rural' under the City's Local Planning Scheme No.17, with a Transport Depot being a discretionary use.

• The proposal was advertised to adjoining and nearby residents within a radius of 200 metres of the subject lot. At the end of the advertising period, a total of 9 submissions were received, of which 6 submissions objected to the proposal. Issues for objection included the use being inconstant with the rural zoning, the noise generated from the depot and general impact to the amenity of the area.

• The application was referred to the Department of Water ('DoW') and Main Roads WA. Neither of the agencies has any objection to the proposal, however the DoW recommended an appropriate water management plan be implemented as a condition of approval.

• The subject property is earmarked to become a 'Commercial/Industrial' zone under the Council endorsed Bullsbrook Townsite and Rural Strategy. This Strategy discusses the need to find appropriate locations for transport depot development around Bullsbrook. The Bullsbrook Townsite and Rural Strategy was endorsed by Council at its Ordinary Meeting held on 3 September 2008 but is yet to be endorsed by the Western Australian Planning Commission.

It is recommended that Council resolve to grant approval for the proposed Transport Depot expansion on Lot 4 (No. 94) Warren Road, Bullsbrook, subject to conditions.


AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse the application. If the applicant is aggrieved with the decision of Council a right of appeal may exists in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Salvatore Tropiano Owner: Salvatore Tropiano Zoning: TPS - General Rural MRS - Rural Strategy/Policy: • Development Standards for Rural Zones Policy

(POL-TP-126) • Vehicle Parking Standard (POL-TP-129) • Bullsbrook Townsite and Rural Strategy

Development Scheme: Nil Existing Land Use: Transport Depot Lot Size: 21ha Area: 2.1ha (approx) Use Class: Transport Depot - D Use

DETAILS OF THE PROPOSAL

The applicant seeks Council approval for the expansion of a transport depot on the subject property (refer attached Development Plans). The expansion area is located to the front portion of the lot, to the west of the existing dwelling. The details of the proposal are as follows:

• 5700m2 (approx) of hardstand area for truck parking and manoeuvring with an earth berm surrounding its permitter; and

• A 475m2 shed which includes an office, lunchroom and shower/toilet facilities.

The applicant has indicated that vehicles moving to and from this site will include ridgid (non-articulated) trucks, semi-trailers (articulated) and light vehicles.

The applicant has already been operating from this expansion area, making this element of the application retrospective. The proposed shed has not been constructed.

DESCRIPTION OF SITE

The site is situated approximately 3km south-west of the Bullsbrook town centre and approximately 1km east from the Great Northern Highway and Warren Road intersection. Great Northern Highway has two slip/deceleration lanes turning in to Warren Road, servicing vehicles travelling from both north and south headings (refer attached Location Plan).


Vehicle access to the subject lot itself is from Warren Road which is sealed up to and approximately 300 metres beyond the subject property's entrance.

The Pearce Air Force Base is abutting the northern and western boundaries of the property.

The majority of the site is relatively flat with a slight gradient towards a small stream which runs north-east to south-west diagonally across the property. The site is well vegetated along the stream and on the eastern boundary. The remaining portion of the site is generally clear.

The site is currently being used as an operational transport depot. The existing (approved) transport depot is to the north of the existing dwelling, consisting of an operation area of approximately 1.4ha.

SITE HISTORY/PREVIOUS APPROVALS

At the Ordinary Meeting of Council held on 27 May 1998, approval was granted for a portion of the subject property to be used as a 'Transport Depot.' This approval was contained to the general area located to the north of the existing dwelling located on the site.

This approval for the transport depot did include an associated shed, workshop and toilet facilities and conditionally limited the operating hours of the depot to between 6:00am and 9:00pm.

At the time of this previous approval Warren Road was unsealed, with the primary reason for objection from adjoining property owners relating to dust. The applicant was then required to enter into a deed of agreement with the City for ongoing maintenance of Warren Road. Subsequent upgrades have seen Warren Road bituminised up to the subject property from the Great Northern Highway.

On 14 November 2007 the City granted retrospective approval for land fill on the property.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

A transport depot application on Lot 61 Railway Parade, Bullsbrook was refused by Council on 19 March 2008. The decision of Council was the subject of a SAT review and is discussed further in the report.

APPLICANT'S SUBMISSION

In support for the transport depot expansion, the applicant has provided the following:

• In the expansion yard 30 to 35 pieces of equipment for trans-shipment.


• The existing depot could have a maximum of ten (10) trucks at any one time, this would be a very rare occurrence.

• The total number of trucks movements for the entire site would five (5) per day, with some days being nil.

• We need the expansion yard to be approved as we are having to use the existing yard mainly for loading and unloading of machinery and equipment to trans-ship. Having the expansion depot approved would create more space in the existing depot making it a safer environment to work in taking all aspects around us into consideration.

PUBLIC CONSULTATION

The application underwent public consultation through letters being sent to all property owners within a 200 metre radius of the subject site.

At the conclusion of the consultation period, 9 public submissions were received, of which 6 were objections and 3 were non-objections.

A summary of the issues of objection is as follows:

• The depot is inconsistent with the rural zoning of the area;

• The depot has been operating illegally;

• The depot has been operating at all hours of the night and day, at the expense of the rural residents amenity;

• The noise generated from the transport depot has adversely impacted the local amenity;

• The number of vehicles using the depot is causing damage to Warren Road and is a safety risk to the residents;

• Damage has already occurred to the unsealed portion of Warren Road;

• The depot involves large 'road trains' using Warren Road;

• The depot will result in ecological damage to the locality;

• The depot is unsightly; and

• The depot will have a negative impact to the land values in the immediate area.

It should be noted that the issue of land value cannot be considered as a valid reason to refuse the proposal as it does not address proper planning principles.

Applicant's Response to Objections

In response to the above cited reasons for objections, the applicant's reply is summarised as follows:


• The location of the transport deport is appropriate given its location abutting the Pearce Airbase which causes more impact to the resident's amenity than truck movements;

• The depot has been operating legally for 10 years when first given approval from the City;

• The depot does not operate outside the approved hours of operation;

• Noise levels from the depot is low when compared to that of the Pearce Airbase;

• The depot's vehicles do not cause damage to Warren Road which has been upgraded and is in good condition;

• The damage to the unsealed portion of Warren Road was caused once by a driver getting lost and passing the depot's entry. Signage has since been placed to clearly indicate the depot's entry point;

• The expansion to the transport depot will only result in an increase of about 5 truck movements per day (on average);

• Road trains have been using the property legally for 10 years;

• The creek crossing the site has never been in better condition, having been revegetated; and

• The depot is kept in a neat and tidy condition at all times.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Water

On the basis of a creek traversing the property, the application was referred to the Department of Water (DoW).

The DoW provided advice that the development may have an impact upon ecological features and that a stormwater management system should be designed to conform to the DoW Stormwater Management Manual for WA (2004-2007).

Main Roads WA

Due to the proposal increasing the number of vehicles accessing the Great Northern Highway, the application was referred to Main Roads WA for comment.

Main Roads advised the City that it has no objection to the proposal.

Department of Defence

As an adjoining landowner (Pearce Air Force Base), the Department of Defence was notified of the proposal.


The Department of Defence provided a formal response of no objection to the proposal transport deport expansion however offered general advice that the property is subject to planning constraints relating to aircraft noise and limitations to the height of structures within the vicinity of the airbase.

REPORT

Zoning

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

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

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

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

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

Use Permissibility

The subject property is zoned 'General Rural' under the City’s Local Planning Scheme 17 ('LPS17').

The proposed activity fits into a 'Transport Depot' use class which is defined by LPS17 as:

“Land and/or buildings used for the transfer of goods or persons from one road ... delivered by road transport, and includes the maintenance, repair, garaging or parking or storage of such vehicles.”

A 'Transport Depot' use class is classified as a 'D' use within the 'General Rural' zone of the City’s LPS17. Therefore the use is not permitted unless the Local Government has exercised its discretion by granting planning approval.

Bullsbrook Townsite and Rural Strategy

The Bullsbrook Townsite and Rural Strategy ('BTRS') outlines Council's long term strategic land use preference and growth for lands in and around the Bullsbrook Town Centre. Endorsed by Council on 3 September 2008, the BTRS is still waiting final endorsement from the WAPC.

The subject site is identified in the BTRS as being within the Bullsbrook Townsite Precinct, and is earmarked to become a 'Commercial Industry' zone.

The BTRS has specifically identified that there is an increasing demand for transport depot development in Bullsbrook, given the area's proximity to a


number of major transport routes. The BTRS has also indicated that there is a need to identify suitable land for transport depot development, needing to occur in an area with:

• High accessibility for vehicle transport;

• Complementary lands uses in close proximity, including light industrial and rural industrial activities;

• Low susceptibility to environmental degradation; and

• Low visual sensitivity.

Draft Transport Depot Policy

In June 2009, at a Briefing Session, Council was informed how the City is currently preparing a local planning policy to address the issue of transport depot development within the City of Swan.

It must be understood that this draft policy has not yet been released for public comment and is only being discussed within this report to provide context. The intention of this draft policy is that transport development will be given due regard within Industrial and Commercial zoned areas however transport depot development of the scale proposed within the current application will not generally be supported within areas zoned for rural use.

Vehicle Survey

A vehicle count was undertaken by the City of Warren Road, over the dates of Monday 25 May 2009 (count beginning at midday) to Tuesday 2 June 2009 (count ending at 2:46pm). It should be noted that Monday 25 May 2009 was a public holiday.

This vehicle survey differentiated the vehicle type by way of separating 'light vehicles' from 'heavy vehicles' (as defined by the national 'Austroads' classification system). A time was also recorded for each vehicle movement.

Vehicle Movement Count

To summarise, the number of heavy vehicles movements counted was as follows:

Date Number of heavy vehicles Monday 25 May 2009 (from midday) 5 Tuesday 26 May 2009 17 Wednesday 27 May 2009 21 Thursday 28 May 2009 14 Friday 29 May 2009 16 Saturday 30 May 2009 13 Sunday 31 May 2009 2 Monday 1 June 2009 5 Tuesday 2 June 2009 (until 2:46pm) 9 Total 102


The above table does not count any 'light vehicle' movements which includes sedans, wagons, 4WD's, light vans, trailers and caravans.

Given that the total number of vehicles counted (including light vehicles) was 496, heavy vehicle movement accounted for approximately 20 percent of all movements along Warren Road, with an average of approximately 12 movements per day.

Advice from appropriate City staff has indicated that these levels of vehicle movement is considered low and have also advised caution in taking all these 'heavy vehicle' movements as being generated exclusively from the transport depot. Some of these other 'heavy vehicles' movements could be generated by other road users, including Council trucks. Nonetheless while accepting that some of these movements may be generated by other road users, it is considered reasonable to conclude that most would be generated by the transport depot.

Vehicle Movement Times

In response to concerns of nearby residents, the number of heavy vehicle movements that occurred outside the transport depot's approved operating hours (i.e. before 6am and after 9pm) is as follows:

Date Time of movement Tuesday 26 May 2009 9:04pm Wednesday 27 May 2009 10:12pm Thursday 28 May 2009 5:45am Thursday 28 May 2009 9:02pm Sunday 31 May 2009 3:38am Sunday 31 May 2009 3:38am Total 6

Notwithstanding that three of these vehicle movements are within close proximity to the time limits (i.e. within 15 minutes), only a total of six movements were outside the condition previously set by Council.

To reiterate the advice of City staff, while Council may consider the application in the context of this information, the vehicle survey can not definitively conclude that these movements were generated solely by the transport depot.

Vehicle Parking Standards (POL-TP-129)

The City's 'Vehicle Parking' Policy stipulates the following for 'Transport Depot':

1 space per 100 square metres GLA or 1 space per employee, whichever is the greater

While the total area of the transport depot area is to be some 5700m2, much if area will be allocated to manoeuvring space for the vehicles.

Removing curtilage to allow adequate vehicle manoeuvring and access, the actual area dedicated for vehicle parking is approximately 2200m2, equating to a requirement of 22 onsite parking spaces.


The applicant has submitted a plan to City staff indicating how the vehicles would be parked on the hardstand area, demonstrating adequate parking arrangements for 20 articulated heavy vehicles. A site inspection (unannounced) confirmed that a similar parking arrangement to what was demonstrated to City staff was being utilised onsite.

These bays however, are not intended to be formalised as their arrangement will alter depending on what vehicles will be parked onsite at any given time (i.e. articulated, non-articulated, light vehicles).

Rural Development Standards (POL-TP-126)

Offering little guidance with respect to the transport depot activities, the City's 'Rural Development' Policy does given some development standards for rural zones.

Given that no building envelope is applicable for the property, the Policy does stipulate minimum boundary setbacks and states that no more than 10 percent of a rural property should be built upon. The proposed shed complies with these requirements.

Recent State Administrative Tribunal Decision (2008 WASAT 255)

It is noted that Council at its Ordinary Meeting held on 19 March 2008 refused an application for a Transport Depot on Lot 61 Railway Parade, Bullsbrook. The reasons for refusal were essentially that the application was in conflict with the planning objectives for the rural zone.

This property was situated due west of the Pearce Airbase and was identified to become 'General Rural' under the BTRS. The applicant subsequently appealed to the State Administrative Tribunal (SAT).

The SAT in consideration of its review took the view that whilst the location of this depot was not conducive with the BTRS, given that it was likely to be some time before the Strategy was finalised, it was unreasonable to "merely refuse and not consider the merits of proposal for transport depots elsewhere in the Draft Bullsbrook Strategy area."

The SAT concluded that the transport depot was consistent with orderly and proper planning under the current Scheme provisions and that the impact to the local character and amenity was within acceptable limits.

The Tribunal decided to allow the application for review and to grant conditional approval for the proposed transport depot.

DISCUSSION

For the most part, the decision required will be based on Council taking either a pragmatic approach, based unequivocally on current Scheme provisions and landowner's amenity, or taking a more deliberated approach and considering the application in the context of Council's adopted long term land use preferences for the locality.

As outlined above, the property is currently located in a 'General Rural' zone which does give Council the discretion to approve the 'Transport Depot' expansion.


Should Council decide on a more pragmatic approach in exercising discretion, it should consider the planning objectives for this zone which are currently about protecting and enhancing the rural character of the area while providing for a range of supporting services and activities to contribute to the economic base of the area. Whether the expansion to the existing transport depot meets the objective of providing a supporting service is a matter for conjecture.

The City has received six (6) objections to the depot's expansion claiming that the proposal is contrary to these planning objectives, thereby being inconsistent with the 'General Rural' zone. These objectors have likewise indicated that the adverse impact to the amenity of the properties along Warren Road will increase should the expansion be approved. It has also been indicated that the existing transport depot has been operating at all hours of the day and night.

In support of the transport depot expansion however, the applicant has indicated that the site is in close proximity to a road network, fronts onto Warren Road (which is sealed and in good condition) and abuts the Pearce Airbase which affects the amenity of the locality more than the transport depot.

In addition, the application is for an expansion to a use that is already approved by Council. A vehicle survey undertaken by the City found that the number of vehicle movements along Warren Road is generally consistent with the numbers indicated by the applicant and that the depot appears to be maintaining the business hours as what was previously imposed by Council.

Alternatively should Council resolve to take a more deliberated approach, according to the Council's adopted Bullsbrook Townsite and Rural Strategy ('BTRS') the property is to become part of a 'Commercial Industry' zone, with the Strategy discussing the need to accommodate transport depot development in suitable locations around Bullsbrook. Given that this Strategy has been adopted by Council it is considered reasonable to refer to it for assistance with respect to the application. In this context the subject property is considered an appropriate location for the depot expansion.

Whilst an increase in 'heavy vehicle' traffic may in theory have a detrimental impact on the rural amenity of the residents, it is considered that the increase of approximately 5 vehicles over a period of 15 hours is marginal. While acknowledging every application is assessed on its individual merit, this balanced approach takes into account:

• The depot has already been approved and the expansion is considered relatively minor in terms of vehicle movements;

• The SAT's recent determination regarding 'Transport Depots' within the Bullsbrook locality and their amenity impact;

• The amenity of the area is already affected by the Pearce Airbase; and

• The BTRS has identified the site for 'Commercial/Industry.'

Nevertheless it would be appropriate given the objections to reimpose as a condition of approval, a limitation to the operating hours of the depot to try and mitigate the amenity impact the depot will have to these residents.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the 'Transport Depot' extension as proposed by the applicant, subject to conditions to protect the environment and amenity of the surrounding area. This is the preferred option. This option may be seen as pre-emptive of the finalisation of the BTRS and new Council Policy.

Implication: This option will allow the applicant to expand their utilisation of the site for the 'Transport Depot' operations as proposed.

Option 2: Council may resolve to refuse the application on the basis that the proposed development is contrary to the Scheme objectives of the 'General Rural' zone and will have a detrimental impact on the amenity and rural character of the locality. This is not a preferred option.

Implication: This option will allow the applicant to utilise the site for the 'Transport Depot' in the form previously approved by Council. If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Council decision.

ATTACHMENTS

• Locations Plan

• Development Plans

STRATEGIC IMPLICATIONS

Outcome may have an impact on the Bullsbrook Townsite and Rural Strategy however the application is an expansion of an approved use.

STATUTORY ENVIRONMENT

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed 'Transport Depot' expansion at Lot 4 Warren Road, Bullsbrook, subject to the following conditions:

a. This approval is for a 'Transport Depot' as defined by the City’s Local Planning Scheme No.17. The subject land may not be used for any other use without the prior approval of the City (refer Advice Note i).

b. The use hereby permitted shall take place in accordance with the approved plans dated 30 July 2008 and 28 January 2009. Vehicle access onto the site shall be restricted to that shown on the approved plans.

c. The operating hours of the transport depot are restricted to 6.00am to 9.00pm.

d. An approved effluent disposal systems must be installed prior to the occupation of any building part of this approval.

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

f. All crossovers to be built and maintained in accordance with the City's specifications

g. All stormwater is to be collected and contained within the existing onsite stormwater system to the satisfaction of the City of Swan. No stormwater is to be discharged from the property into other land or reserves or discharged into the nearby creek.

h. A Water Management Plan is to be prepared within sixty (60) days from the date of this approval, to the satisfaction of the City of Swan on advice of the Department of Water (refer Advice Note v).

i. The approved Water Management Plan shall be implemented by the landowner, including construction of the identified wastewater and stormwater management systems, to the satisfaction of the City.

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

Mechanical washdown bays are to comply with the requirements of the Department of Water - Water Quality Protection Note WQPN 68 dated March 2006.


k. The applicant/owner shall obtain approval from the Department of Industry and Resources for the storage of Chemical/dangerous goods in accordance with the Dangerous Goods Regulations. For further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

For goods stored underground within an Underground Water Pollution Control Area, subject to approval from the Water and Rivers Commission (Ph: 9278 0300).

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

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

ADVICE NOTES

i. The use "Transport Depot" is defined within the City's Local Planning Scheme No. 17 as:

“Transport Depot" means land and/or buildings used for the transfer of goods or persons from one road delivered by road transport, and includes the maintenance, repair, garaging or parking or storage of such vehicles.”

ii. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

iii. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

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

v. With regard to Condition h) State Planning Policy 2.9 ('SPP 2.9') aims to prevent or, where appropriate, ameliorate potential impacts on water sources. In supporting SPP 2.9 a Water Management Plan ('WMP') should be prepared and implemented. The WMP should be consistent with the Stormwater Management Manual for Western Australia (2004-2007, DoW) available from the Department of Water.

The WMP should contained but not be limited to the following details:


• Watercourse buffers;

• The size of sediment settlement dams;

• Details regarding cut-off contour banks;

• Perimeter basal contour information; and

• Ongoing parameter monitoring.

2) Advise those who lodged a submission of Council's decision accordingly.

MOTION that the Council resolve to:

1) Defer approving the proposed "Transport Depot" expansion at Lot 4 Warren Road, Bullsbrook, pending the applicant's confirmation as to whether refuelling and/or servicing associated with the changing of any fluids of trucks occurs on-site, and, if so, until the applicant has supplied the City with the requisite Water Management Plan and detailed specifications of the necessary petrol and oil separator referred to in conditions h and j of this report item.

2) That subject to the provision of such a Water Management Plan and the specifications of the petrol and oil plate separator system to the satisfaction of City staff, Council delegate to the Principal Planner authority to approve the application subject to conditions a, b, d, e, f, g, i, k, l and m referred to in this report item and conditions c and j of the same which are modified respectively as follows:

c. "The operating hours of the transport depot are restricted to 6.00am to 6.00pm Monday to Friday and 6.00am to 1.00pm on Saturday."

j. "Where petrol, benzene, or other flammable or explosive substances or grease, oil or similar matter is likely to be discharged, a bunded and roofed washdown area is to be provided to trap all waste, which is serviced by an approved petrol and oil separator."

and with the inclusion of the following additional conditions:

n. Vehicles operating from the site shall generally be restricted to no greater than 19 metres in length with the exception of allowance for a maximum of two road trains, with the registration of those road trains seeking to operate from the site under allowance of this condition being lodged with City staff prior to commencement of any such operation.

o. Vegetation screening to be installed along the eastern boundary to the satisfaction of the City.

3) Request City staff to investigate the extent of development currently on-site and ascertain that all such development has the necessary approvals as required under the City's Local Planning Scheme No. 17.


4) Record that the reason for changing the Recommendation is to ensure that a reasonable level of oversight of the management of potential environmental pollution occurs and to minimise the impact of the operations of this facility on the amenity of affected residents in the locality.

(Cr Bailey - Cr Croy)

Cr Haynes left the Chamber at 6.44pm.

Cr Marino returned to the Chamber at 6.46pm.

RESOLVED UNANIMOUSLY TO:

1) Defer approving the proposed "Transport Depot" expansion at Lot 4 Warren Road, Bullsbrook, pending the applicant's confirmation as to whether refuelling and/or servicing associated with the changing of any fluids of trucks occurs on-site, and, if so, until the applicant has supplied the City with the requisite Water Management Plan and detailed specifications of the necessary petrol and oil separator referred to in conditions h and j of this report item.

2) That subject to the provision of such a Water Management Plan and the specifications of the petrol and oil plate separator system to the satisfaction of City staff, Council delegate to the Principal Planner authority to approve the application subject to conditions a, b, d, e, f, g, i, k, l and m referred to in this report item and conditions c and j of the same which are modified respectively as follows:

c. "The operating hours of the transport depot are restricted to 6.00am to 6.00pm Monday to Friday and 6.00am to 1.00pm on Saturday."

j. "Where petrol, benzene, or other flammable or explosive substances or grease, oil or similar matter is likely to be discharged, a bunded and roofed washdown area is to be provided to trap all waste, which is serviced by an approved petrol and oil separator."

and with the inclusion of the following additional conditions:

n. Vehicles operating from the site shall generally be restricted to no greater than 19 metres in length with the exception of allowance for a maximum of two road trains, with the registration of those road trains seeking to operate from the site under allowance of this condition being lodged with City staff prior to commencement of any such operation.

o. Vegetation screening to be installed along the eastern boundary to the satisfaction of the City.

3) Request City staff to investigate the extent of development currently on-site and ascertain that all such development has the necessary approvals as required under the City's Local Planning Scheme No. 17.


4) Record that the reason for changing the Recommendation is to ensure that a reasonable level of oversight of the management of potential environmental pollution occurs and to minimise the impact of the operations of this facility on the amenity of affected residents in the locality.

3.3 expansion to existing transport depot and … · 2016-05-11 · • the proposal was advertised...

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