| Orders: |
By consent of the parties, it is on 7 July 2014 ordered that:
1. The application for review is allowed.
2. The respondent's Decision on Application for Planning Consent for an Extractive Industry (Sand) at Lot 75 Diagram 98087, Haag Road, Yelverton granted by the respondent on 24 April 2013 is varied as follows:
(a) The respondent approved the revised plan for the proposed development submitted by the Applicant dated 23 June 2014 and identifying cells 1 4.
(b) The General Conditions section of the Decision on Application for Planning Consent are replaced with the following:
'General Conditions
1.a. The development hereby approved is permitted to operate for 5 years from the Date of Commencement of the Extractive Industry or until 240,000 cubic metres volume of material has been extracted and removed from Lot 75, whichever is the sooner (Expiry Date). The Date of Commencement of the Extractive Industry is 1 July 2016 or the date of the Permit to Commence issued pursuant to Condition 6 of this approval, whichever is the sooner.
b. The site shall be rehabilitated in accordance with an approved Rehabilitation Plan by the Expiry Date and shall be operated in a manner consistent with all associated detailed plans, including but not limited to the Noise and Dust Management Plan.
2. The development hereby approved shall be limited to: the extraction of sand from the site; screening of material; associated drainage works; and rehabilitation works. At no time shall any processing, crushing or blasting works be carried out.
3. Notwithstanding Condition 2 above, working hours within the pit area and transportation of materials shall be restricted to the hours between: 7.00am and 6.00pm Mondays to Fridays; 7.00am and 1.00pm Saturdays for rehabilitation works only; and, at no time on Sundays or public holidays.
4. No more than 2 hectares shall be worked at any one time; this area shall then be rehabilitated in accordance with the approved details pursuant to Condition 5.4 concurrently with the extraction of the following 2 hectare area.
Prior to Commencement of Any Works Conditions:
5. The development hereby approved, or any works required to implement the development, shall not commence until the owner/applicant has applied for, and obtained, a Permit to Commence certificate from the City's Planning department. The following plans/details are to be submitted to and approved by the City prior to requesting the issue of a Permit to Commence.
5.1. An Acid Sulphate Soil Assessment.
5.2. Details of road signage to be erected along the transport route. The installation of the signs shall be completed by the City of Busselton for which fees are payable.
5.3. A Drainage Management Plan, incorporating the installation of detention and silt / nutrient stripping ponds. The measures incorporated into the Plan shall be implemented prior to the commencement of excavation and maintained at all times.
5.4. A Rehabilitation Plan, incorporating, at a minimum, the following:
a. Embankments not to be steeper than 1 in 10;
b. Contour ripping the bottom and sides of the pit area;
c. Spreading of stockpiled topsoil;
d. Spreading of stockpiled branches and undergrowth;
e. Seeding with an appropriate agriculture seed mix, and / or
f. Topsoil is to be stockpiled and re-established;
g. Reuse of timber;
h. Staging of rehabilitation process.
The rehabilitation shall be carried out strictly in accordance with the approved details.
5.5. A Dieback Hygiene Management Plan addressing the issue of dieback spread from, or to, the property by transfer of the disease by plant and vehicles, and the material being transported. All operations related to the extractive industry shall be carried out strictly in accordance with the approved Plan.
5.6. Appropriate access arrangements for the extractive industry operation are to be approved by the City comprising either of:
Up-grade to the City's satisfaction and at the applicant's expense of the section of Haag Road from Lot 75 to the intersection with Chambers Road in accordance with the standard and specification as per attached plan HAA 04980102; or
An appropriate alternative access to the City's satisfaction from Lot 75 to Chambers Road via private land. An appropriate alternative access will require the permission of any affected landowners and will also require a demonstration that environmental, traffic, amenity and landscape impacts that may be associated with that alternative can be adequately managed.
6. The development hereby approved, or any works required to implement the development, shall not commence until the following bonds have been provided to the City in the form of unconditional bank guarantees:
6.1A road maintenance bond of $10,000.00 to ensure that the surrounding road network is maintained to the satisfaction of the City for the term of the extractive industry. Those portions of public roads affected by the activities related to the approval shall be maintained to a standard acceptable to the City at the applicant's cost. The City may apply the road maintenance bond towards the cost of complying with the applicant's road maintenance obligations should the applicant fail to do so. Should the City recover any amount from the road maintenance bond the applicant shall within 30 days replace those funds to ensure that the amount of the road maintenance bond remains at $10,000 for the term of the development.
Prior to Occupation/Use of the Development Conditions:
7. The development hereby approved shall not be occupied, or used, until all plans, details or works required by Conditions 5 and 6 have been implemented.'
3. There is no order as to costs. |