3 USE OF LAND FOR A WASTE TRANSFER STATION AND ASSOCIATED MATERIALS RECYCLING AT 125 MOUNT ARARAT NORTH ROAD, NAR NAR GOON NORTH

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1 3 USE OF LAND FOR A WASTE TRANSFER STATION AND ASSOCIATED MATERIALS RECYCLING AT 125 MOUNT ARARAT NORTH ROAD, NAR NAR GOON NORTH FILE REFERENCE INT RESPONSIBLE GENERAL MANAGER Phil Walton AUTHOR Richard Stevenson RECOMMENDATION That a Refusal to Grant Planning Permit t be issued for the use of the land for a waste transfer station and associated materials recycling at 125 Mount Ararat North Road, Nar Nar Goon North, on the following grounds: The proposed use of the land for a waste transfer station and associated recycling facility is not an appropriate use for the rural location in which the land is situated and may cause adverse amenity impacts to occupants of neighbouring properties. Insufficient information has been provided to comply with the application requirements of Clause Resource Recovery and subsequently to be able to fully assess the proposal against the decision guidelines of Clause Resource Recovery. Attachments 1 Locality plan 1 Page 2 Proposed plans 3 Pages 3 Letters of objection circulated to councillors only 4 Pages EXECUTIVE SUMMARY: APPLICATION NO.: APPLICANT: LAND: PROPOSAL: T Raelene Strong 125 Mount Ararat North Road, Nar Nar Goon North use of the land for a waste transfer station and associated materials recycling PLANNING CONTROLS: Green Wedge Zone Schedule 1 Environmental Significance Overlay Schedule 1, Heritage Overlay NOTIFICATION & OBJECTIONS: The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by sending notices to adjoining land owners and occupiers and placing a sign on site. Council has received 2 objections to date. KEY PLANNING CONSIDERATIONS: Insufficient information to assess proposal Amenity of surrounding area Conflict between land uses and location Town Planning Committee - 4 May 2015 Page 167

2 RECOMMENDATION: That a refusal of planning permit T be issued. BACKGROUND: Planning permit T was approved on 12 June 1998 for a caretakers dwelling. Planning Permit T was approved on 17 August 1998 for an Alpaca tourist farm. Planning Permit T was approved on 1 July 2003 for the subdivision of the land into two (2) lots generally in accordance with the approved plans. Planning Permit T was approved on 15 August 2011 for a boundary re-alignment to resubdivide lots 1 & 2 on PS520116F into lots 3 & 4 on the attached plan. SUBJECT SITE The site is located north east of Mount Ararat North Road, which is an unmade road accessed from the Princes Hwy to the south. A crossover is located at the end of Mount Ararat North Road to the property. An electricity transmission easement dissects the property. The site currently contains an existing heritage dwelling and associated outbuildings dams and vegetation. The topography of the land is sloping from the north west to south east with an approximate fall of 31 metres. The main characteristics of the surrounding area are: North: Large rural allotments with single dwellings and associated outbuildings South: Large rural allotments with single dwellings and associated outbuildings East: Large rural allotments with single dwellings and associated outbuildings West: Large rural allotments with single dwellings and associated outbuildings PROPOSAL Approval is sought for the use of the land as a waste transfer station and associated materials recycling. The applicant has submitted documentation detailing that the land would be used to store and distribute clean fill. The clean fill would be stored at the location identified on the submitted plans and would comprise an area of 20 metres by 10 metres and would be no more than 1 metre high. The soil would be uncovered and would be located on the land between 1 week and a couple of months depending on demand. The frequency of truck movements to deliver and remove the soil from the land is unclear, with the hours of operation being 9am to 5pm on weekdays only. No further information has been provided to support this application proposal even after two further information requests being sent to the applicant and application requirement which must be met. Town Planning Committee - 4 May 2015 Page 168

3 PLANNING SCHEME PROVISIONS State Planning Policy Framework (SPPF) The relevant clauses of the SPPF are: Clause Biodiversity Clause Noise and Air Clause Agriculture Clause Catchment Planning and Management Clause Water Quality Clause Heritage Conservation Clause Industry Clause Waste and Resource Recovery Local Planning Policy Framework (LPPF) The relevant clauses of the LPPF are: Clause Cardinia Shire Key Issues and Strategic Vision Clause Landscape Clause Biodiversity Clause Post-contact Heritage Clause Resource Conservation Clause Agriculture Relevant Particular/ General Provisions and relevant incorporated or reference documents The relevant provisions/ documents are: Clause Car Parking Clause Uses with Adverse Amenity Potential Clause Resource Recovery Clause 64 General Provisions for use and development of land Town Planning Committee - 4 May 2015 Page 169

4 Zone The land is subject to the Green Wedge Zone 1 Overlays The land is subject to the following overlays: Environmental Significant Overlay 1 Heritage Overlay (HO81) PLANNING PERMIT TRIGGERS The proposal for use of the land for a waste transfer station and associated materials recycling requires a planning permit under the following clauses of the Cardinia Planning Scheme: Pursuant to Clause of the Green Wedge Zone a planning permit is required for the use of the land for a transfer station and materials recycling. PUBLIC NOTIFICATION The application has been advertised pursuant to Section 52 of the Planning and Environment Act 1987, by: Sending notices to the owners and occupiers of adjoining land. Placing a sign on site The statutory declaration and sign have not been returned to Council, and Council has received two (2) objections to date. The key issues that were raised in the objections are: Loss of amenity through noise; dust; potential spillage; discarded refuse; increase in traffic and overall increase in pollution. The proposed use is not appropriate in a rural environment. Existing road infrastructure and drainage would not be appropriate for such an industrial use. REFERRALS EPA The application was referred to EPA as a statutory referral. EPA had no objection to the proposal subject to conditions. DISCUSSION Use The proposed use is located within the Green Wedge Zone (GWZ) and is located within a rural agricultural area. Under Clause and Clause 57 Metropolitan Green Wedge land of the Cardinia Planning Scheme, the use of the land for Materials Recycling is prohibited unless it is Town Planning Committee - 4 May 2015 Page 170

5 carried out in conjunction with a Refuse Disposal or Transfer Station. The applicants have applied for a Transfer Station with associated Materials Recycling in order for Council Officers to be able to consider the application. Green Wedge land is intended for rural, agricultural and non-urban land uses. The proposed use is not encouraged in green wedge land and not specifically supported by policy. When assessing the limited information submitted against the purposes of the Green Wedge Zone, it has been identified that the proposed industrial uses would intrude into an agricultural area and an area designated for an open rural landscape. Industrial uses such as a transfer station and materials recycling would cause detriment to the rural characteristics associated with the immediate and surrounding area. In addition the uses would run contrary to the purposes of the zone through compromising the protection and conservation of Green Wedge land for its agricultural, environmental, historic and landscape values. In addition the land is covered by a Heritage Overlay (HO81) where tree controls apply and as such a permit is required to remove, destroy or lop a tree. Whilst the applicant has not applied for tree removal, Council s Environment Department, from the limited information submitted, has identified trees to be removed within the area where soil is to be stored as part of the proposed use. Notwithstanding the limited information submitted it is Council officer opinion that such vegetation removal from the land would cause a detriment to the landscape values of the area. And in conjunction with the purposes of the Green Wedge Zone the application for the proposed uses is not appropriate at this location and as such should be refused. Insufficient Information As detailed above, the application seeks the approval to use the subject land for a waste transfer station and associated materials recycling, an industrial use within a Green Wedge Zone (GWZ). As a permit is required under the GWZ for the use, the applicant and Council officers must take account of Clause Resource Recovery. The purpose of Clause is to facilitate the establishment of a transfer station and/ or materials recycling facility in appropriate locations with minimal impact on the environment and amenity of the area. In order to be able to appropriately assess the application for the proposed uses there are application requirements which MUST be submitted. Whilst the applicant has submitted some basic information (written statement and location plan) in an attempt to cover the application requirements, not all the information required has been submitted as requested. In addition any information which has been submitted has not provided enough detail for Council officers to adequately assess the proposal against the decision guidelines of Clause Therefore Council officers are unable to assess if the potential amenity impacts such as noise, odour, emissions to air, land or water, vibration, dust, light spill and visual impact as well as the impact of the traffic generation on the local roads would cause detriment to the surrounding neighbours amenity and area in general. In addition, no information was submitted in relation to the required 10% of site area that is required to be provided for car parking for material recycling under Clause 52.06, and nor has the application identified the location of sensitive nearby uses such as residential buildings as required under Clause 52.45, and which needs to be assessed under Clause (Uses with Adverse Amenity Potential). Therefore due to the lack of information Council officers cannot appropriately and fully assess the proposal and as such the application should be refused. Town Planning Committee - 4 May 2015 Page 171

6 Objections The application garnered two objections which outlined issues which neighbours felt the proposal would create including: Loss of amenity through noise; dust; potential spillage; discarded refuse; increase in traffic and overall increase in pollution. The proposed use is not appropriate in a rural environment. Existing road infrastructure and drainage would not be appropriate for such an industrial use. Due to the lack of information submitted with the application Council officers are unable assess the application fully and therefore cannot be sure that no material detriment will be caused by the proposal in relation to the issue of the loss of amenity through noise, dust spillage etc, and as such the proposal should not be supported. In addition Council officers agree that the proposed use is not appropriate at this location and that would compromise the purposes of the Green Wedge Zone. CONCLUSION In conclusion, at this time due to the proposed waste transfer station and materials recycling being an inappropriate use and contrary to the purposes of the Green Wedge Zone and lack of sufficient information being submitted the proposal cannot be fully assessed against the decision guidelines of Clause 52.45, and Clause 65 and the purposes of the Green Wedge Zone of the Cardinia Planning Scheme, and therefore should be refused. Town Planning Committee - 4 May 2015 Page 172

7 Attachment 1 Locality plan Attachment 1 - Locality plan Page 173

8 Attachment 2 Proposed plans Attachment 2 - Proposed plans Page 174

9 Attachment 2 Proposed plans Attachment 2 - Proposed plans Page 175

10 Attachment 2 Proposed plans Attachment 2 - Proposed plans Page 176