State Planning Policy 4.1 State Industrial Buffer Policy. Environmental Health Australia State Conference

Transcription

1 State Planning Policy 4.1 State Industrial Buffer Policy Environmental Health Australia State Conference

2 Presentation Outline SPP 4.1 State Industrial Buffer Policy What is it used for and where does it sit in the planning framework Identify key challenges with current policy Current review of SPP 4.1

3 Planning Policy Framework Planning and Development Act 2005 State Planning Strategy State Planning Policies SPP 1 State Planning Framework Policy SPP 4.1 State Industrial Buffer Policy Perth and 3.5 Million Development Control policies Planning Bulletins/Guidelines

4 Perth and 3.5million The broad land use plan for Perth and Peel Regions forecast to 2050 Provides a strategic planning framework to secure the availability of industrial land supply Important potential employment land that generates employment

5 SPP development process Matters to be considered when preparing an SPP Consultation process Approval process Amending or repealing an SPP

6 SPP 4.1: What is its purpose? Provides guidance to decision makers on the siting of industrial development in consideration of industry impacts on surrounding sensitive land uses Policy objectives Protect industry and infrastructure from incompatible land uses Provide for safety and amenity of land uses surrounding industry and infrastructure Recognise interests of existing landowners within buffer areas as well as interests and benefits of existing industry and infrastructure.

7 SPP 4.1: 2009 amended draft 2009 draft Policy objectives Avoid conflict between industry and essential infrastructure and sensitive land uses Protect industry and essential infrastructure from encroachment by sensitive land uses Provide for development of industry and essential infrastructure that maximises amenity, minimises impacts and takes account of risk to sensitive land uses Promote compatible uses in off-site impacts areas

8 Relevance of SPP 4.1 to Local Government Process typically begins with an application for industrial use Development Applications/Scheme Amendments/Structure Plan Emissions: Noise, Gas, Dust, Odour Complaints: amenity issues & health issues Need to balance community expectations against proposed use Two key issues arise: Why a strict buffer required when impacts perceived to be less Accuracy of expert reports justifying reduced buffer

9 Need for SPP 4.1 to be reviewed SAT decisions Parliamentary Reviews Application of other policy instruments: EPA Guidance Statement No. 3 Separation Distances between Industrial and Sensitive Land Uses EPA Guidance Statement No. 33 Guidance for Planning and Development (referrals, pollution management) DER Draft Guidance Statement: Separation Distances

10 Kwinana Buffer Dust sources? Cockburn Cement

11 Case Study 1 Not designed primarily as a land planning tool or to minimise land use conflict. Relies on EPA minimum distances to separate potentially incompatible land uses Relies on modelling and monitoring of odour and dust emissions. Modelling and monitoring cannot be the sole determinate of a separation Lack of definition of the acceptable land uses within buffer areas.

12 Case Study 2 Inconsistency in modelling approaches used to determine the impacts and the appropriate separation distances Lack of guidance on how buffers should be established Relies on individual facility operators or developers to produce technical studies to determine buffers

13 Case Study 3 Surrounding land zoned rural with no sensitive land uses existing or proposed Industry impacts to be contained within industrial boundaries Effectively sterilises the first 200m-300m of industrial zoned land from high impact uses

14 Case Study 4 Odour buffer for WPWWTP is shown in City s Local Planning Strategy and zoned Development in Local Scheme. Not enough certainty for both industry and residential land owners in the respective schemes. SPP 4.1 provides a process for making buffers, but does not describe or establish any buffers.

15 Metropolitan Region Scheme

16 Additional case studies Essential Infrastructure Strategic industrial areas Industry General Industry Light?

17 Key issues identified with current practices Reliance on scientific analysis to determine buffers Certainty for State strategic assets Management of land use conflict at higher level planning stages Guidance on compatible land uses Reliance on EPA separation distances

18 Potential Policy Issues Determining impacts and buffer requirements factors in addition to EPA separation distances guidance re technical aspects how to utilise modelling and monitoring expansion requirements or reductions in impacts compatible land uses Mechanisms for managing buffers/transitional land uses Evolution of industrial areas

19 Complementary Policies SPP 2.4 Basic Raw Materials SPP 2.5 Rural Planning Policy SPPs 5.1 & 5.3 Perth & Jandakot Airports SPP 5.2 Telecommunications Infrastructure SPP 5.4 Road and Rail Transport Noise New EPA Policy: Environmental Assessment Guideline for Separation distances between industrial and sensitive land uses

20 review Governance process Issues workshop Working Group Review Report Revised SPP 4.1

21 Next Steps Draft SPP to be approved for advertising by Minister for Planning Advertised for minimum 60 days Final SPP 4.1 to be approved by WAPC, Minister for Planning and Governor