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Gosnells Hard Rock Quarry – Lot 3 Cockram Road, Martin Local Planning Policy No. 5.4

LPP 5.4POLICY STATEMENT: GOSNELLS HARD ROCK QUARRY – LOT 3 COCKRAM

ROAD, MARTINREASON: To clarify and formalise the role of and relationship between

the City's planning approval (granted 10 January 1985) for extractive industry operations at Lot 3 Cockram Road, Martin and the current and any future Extractive Industry Licences relating to that land.

BACKGROUND

On 10 January 1985 the City of Gosnells granted planning approval (under the then Town Planning Scheme No. 1) for Extractive Industry at the property now known as Lot 3 Cockram Road, Martin. The planning approval was subject to five conditions, as listed below:

“1. Compliance with the provisions of City of Gosnells Town Planning Scheme No 1 and Town Planning Scheme No 6 when it is granted final approval.

2. Compliance with the terms and intent of the “Environmental Review and Management Programme 1982” as prepared by the Readymix Group and endorsed by Council.

3. Compliance with the terms and intent of the “Development and Environmental Programme for the Readymix Quarry at Gosnells 1984” as prepared by the Readymix Group and endorsed by Council.

4. Compliance with the City of Gosnells Extractive Industries By-Laws as amended and or reviewed from time to time.

5. All stock piles, access roads and general working areas to be water sprayed as required to control the dust to the satisfaction of Council.”

On 23 January 1985 the (then) Metropolitan Region Planning Authority (MRPA) granted planning approval for Extractive Industry on Lot 3, subject to two conditions, which were almost identical to Conditions 2 and 3 of Council’s planning approval.

Separate to these planning approvals for the quarry, the City’s Extractive Industries Local Law requires quarrying activities to be the subject of an approved Extractive Industry Licence (EIL). Under the City’s current Extractive Industries Local Law the maximum EIL term is 21 years. If the Local Law remains in place, then future quarrying activities on the site will need to be subject of a new EIL upon the expiration of each previous EIL.

In view of this requirement, and due to the ambiguous nature of the City’s planning approval granted for the quarry in January 1985, it is necessary for Council to clearly express its position on the relationship between that planning approval and subsequent EILs granted for the quarry.

Further background to this Policy and quarrying activities on Lot 3 Cockram Road, Martin is contained in officer reports to Council on 8 May 2007 (Item 13.5.3) and 9 October 2007 (Item 13.5.4).

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POLICY:

1. This Policy only applies to clarify and formalise the role of and relationship between the City's planning approval for the quarry and the current and any future Extractive Industry Licences (EILs) relating to quarrying activities at Lot 3 Cockram Road, Martin. It is not the role of this Policy, nor the City’s responsibility, to provide guidance on the interpretation, application or enforcement of the MRPA’s planning approval for the quarry – that is the responsibility of the (now) Department of Planning and Western Australian Planning Commission.

2. It is Council’s position that the City’s planning approval granted on 10 January 1985 for quarrying activities at Lot 3 Cockram Road, Martin, was intended to be non-prescriptive in nature, with specific details relating to the quarrying operations to be governed by subsequent Extractive Industry Licences issued by the City, and other applicable licences (whether issued by the City or not).

3. The position stated in Clause 2 above has been reached following detailed examination of:

(a) the construction, purpose and intent of the document referred to in Condition 2 of the City’s planning approval for the quarry (being the “Environmental Review and Management Programme 1982”, herein after referred to as the ERMP);

(b) the construction, purpose and intent of the document referred to in Condition 3 of the City’s planning approval for the quarry (being the “Development and Environmental Programme for the Readymix Quarry at Gosnells 1984”, herein after referred to as the DEP);

(c) correspondence dated 10 January 1985 from the then City of Gosnells Town Clerk to the MRPA, relating to the City’s planning approval for the quarry, stating (among other things):

“The Development Approval is of course a long term approval and in respect to the quarry could well be operative for beyond two hundred years. Within that period circumstances and mining technology will no doubt change and any conditions imposed at this stage may not be relevant in the future. For this reason it is considered appropriate to keep the Metropolitan Region Planning Authority’s conditions in a general nature and leave the shorter term specific conditions to run with the Extractive Industry License. The conditions on the licence can then be reviewed at a regular interval ie twenty-one (21) years.”

4. It is acknowledged that the ERMP was generally intended to provide a long-term framework to guide the steadily-evolving quarry project. The exception to this though is Figure 14 of the ERMP (titled “Final Development”), which is included as Attachment 1 to this Policy. For comparative purposes, the plan included as Attachment 2 provides an aerial photograph image of the quarry operator’s landholding, the current quarry extent (approximate, as at the time of preparing this Policy) and the “Final Development” perimeter from Figure 14 of the ERMP.

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5. It is Council’s position that the quarry perimeter delineated in Figure 14 of the ERMP (Attachment 1) represents the approved extraction limit (‘footprint’) for the quarry, while other elements of Figure 14, such as the sloping and batters are indicative only and not intended to reflect the ultimate sloping or batters of the quarry. This is partly due to the fact that sloping and batters can evolve over time with changes in quarrying technology, best practice, safety standards and extraction methods.

6. In relation to Condition 3 of the City’s planning approval from 10 January 1985, it is acknowledged that the DEP was submitted as a supporting document to a 21 year EIL granted in 1984. As a result, the DEP had a life of 21 years, in accordance with the term of the EIL, which expired in 2005. It is therefore accepted that Condition 3 has been discharged and is no longer applicable to the continued quarrying operations.

7. Conditions 4 and 5 of the City’s planning approval from 10 January 1985 will continue to apply to quarrying operations at Lot 3 Cockram Road, Martin, as guided by the City’s operative Extractive Industries Local Law and having regard to the existence and application of other licences or approvals relating to the quarry operations, whether administered by the City or not. In this regard, nothing in this Policy or the City’s planning approval, or the current and any future EILs will affect the quarry operator’s legal responsibility to comply with all other statutory requirements applicable to the quarry operations.

8. Specific details relating to quarrying operations at Lot 3 Cockram Road, Martin will, where desired by Council and required by City Local Laws, be governed by subsequent Extractive Industry Licences issued by the City.

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ATTACHMENT 1

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ATTACHMENT 2

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GOVERNANCE REFERENCES

Statutory CompliancePlanning and Development Act 2005City of Gosnells Town Planning Scheme No. 6City of Gosnells planning approval dated 10 January 1985

Industry Compliance Former Metropolitan region Planning Authority planning approval dated 23 January 1985

Organisational Compliance City of Gosnells Extractive Industries Local Law (2000)Process Links Nil

LOCAL PLANNING POLICY ADMINISTRATIONDirectorate Officer Title Contact:Planning & Sustainability Manager Planning Implementation 9397 3170

Risk Rating Medium Review Cycle Triannually Next Due: 2013Version Decision To Advertise Decision to Adopt Synopsis

1. OCM 611/25/11/2008 Local public notice with a 21 day submission period

2. OCM 380/24/08/2010Clarifies relationship between Council’s 1985 Planning approval and EILs granted for the above quarry

3. OCM 406/27/11/2018 Policy revoked.

road, martin lpp 5.4 policy statement: gosnells hard …€¦ · gosnells hard rock quarry – lot...

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