KEMERTON STRATEGIC INDUSTRIAL AREA

Transcription

1 KEMERTON STRATEGIC INDUSTRIAL AREA AMENDMENT NO.114 SHIRE OF HARVEY DISTRICT PLANNING SCHEME NO.1 APRIL 2015 Forrest Highway Wellesley Road Marriott Road Wellesley River Marriott Road LANDCORP AND DEPARTMENT OF STATE DEVELOPMENT

2 & Internal Document Control Document ID: afp://tpg-fs-01.tpgwa.com.au/planning/pg 2010/ Kemerton Industrial Estate/6 Draft Documents/1 Draft Report/Scheme Amendment Documents/ v3 Local Scheme Amendment SOH DPS1 Final Issue Date Status Prepared By Approved By Draft Matt Raymond Final 1 Matt Raymond Final 2 Matt Raymond Tony Paduano Final 3 Matt Raymond Tony Paduano Copyright and any other Intellectual Property arising from the report and the provision of the services in accordance with the Agreement belongs exclusively to TPG unless otherwise agreed and may not be reproduced or disclosed to any person other than the Client without the express written authority of TPG. ii

3 Contents 1.0 Summary Purpose of Amendment No Background Subject Site A Brief History of the Kemerton Strategic Industrial Area Land Tenure Over-arching Environmental Management Plan Proposed Kemerton Strategic Industrial Area Structure Plan Comment Create a new Kemerton Strategic Industry zone Delete existing Inter Industry Buffer zone Land Use Controls - Amending the Use Class Table Introducing Overarching Development Intentions and Assessment Processes Consolidation of planning policies into Structure Plan Consistency with GBRS in accordance with Planning and Development Act Conclusion 21 Appendix A Overarching Environmental Management Plan 28 iii

4 FORM 1C PLANNING AND DEVELOPMENT ACT 2005 RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME SHIRE OF HARVEY DISTRICT PLANNING SCHEME No.1 AMENDMENT No. 114 Resolved that the Council of the Shire of Harvey, in pursuance of Section 75 of the Planning and Development Act 2005, to amend the above District Planning Scheme by: & 1. Deleting Kemerton Park Industry (Heavy) zone and Inter Industry Buffer zone in Clause 4.1 and referenced in Tables 20, 21 Zoning and Development Standards and replacing with a new zone Kemerton Strategic Industry in Tables 20 and Deleting Kemerton Buffer zone in Clause 4.1 and Table 33 Zoning and Development Standards and replacing with a new zone Kemerton Industry Buffer. 3. Adding a new section Development Within the Kemerton Strategic Industrial Area under Part IV Zones of the Scheme: 4.8 Development Within the Kemerton Strategic Industrial Area The Kemerton Strategic Industrial Area is made up of the land zoned Kemerton Strategic Industry, Kemerton Ancillary Industry, and Kemerton Industry Buffer. The objectives of the Kemerton Strategic Industrial Area are to: (a) accommodate resource processing industries and associated supporting activity in order to fulfill its designated role as a strategic industrial area for the South-West region; (b) provide industrial development areas that: I. are identified for subdivision and Strategic and Ancillary development; II. III. IV. are sufficiently flexible to accommodate the varying needs of future proposals including the need for flexible servicing arrangements for industry within the Kemerton Strategic Industry zone; achieve beneficial economic, environmental and community outcomes; encourage synergic interactions between business activities consistent with the principles of industrial ecology; iv

5 V. are protected from the encroachment of incompatible uses; VI. respect visual management considerations; VII. VIII. enable environmental protection and management arrangements that minimise impact on the natural environment; and respect sites of Aboriginal heritage significance When considering applications for planning approval within the Kemerton Industry Buffer zone, Council shall have regard to: (a) the Kemerton Strategic Industrial Area Structure Plan; (b) whether the proposal is compatible with any existing or proposed future use or development within the Kemerton Strategic Industry zone and the Kemerton Ancillary Industry zone; (c) the existing, proposed or likely risks, hazards and nuisance (including but not limited to noise, odour and light) associated with the Kemerton Strategic Industry zone; (d) the potential impacts of the proposal on the efficient development of the Kemerton Strategic Industrial Area; (e) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework; (f) recommendations of the chief executive officer of the Department of Mines and Petroleum in the administration of the Mining Act 1978 and the chief executive officer of the Environmental Protection Authority in the administration of the Environmental Protection Act 1986; and (g) any other issue Council deems relevant When considering applications for planning approval with respect to land wholly or partly within the Kemerton Strategic Industry zone or the Kemerton Industry Buffer zone, the Council shall refer the proposal to the relevant State Government Agencies for comment to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone When considering applications for planning approval with respect to land wholly or partly within the Kemerton Industry Buffer zone, applicants are required to satisfy the provisions of Part 5 Division 3 Kemerton Industrial Zone Buffer Area and Part 7 Applications for Planning Approval of the Greater Bunbury Region Scheme. v

6 4. Deleting clause 7.3 Kemerton Park Industrial Area and Buffer: 7.3 Kemerton Park Industrial Area and Buffer (a) In addition to such other provisions of the Scheme as may affect it, land included in the Kemerton Park Industry, Kemerton Ancillary Industry, Kemerton Buffer and Inter Industry Buffer Zones shall be subject to those provisions set out in Schedule 5 - Additional Requirements Industrial Zones (Area 2) Kemerton Industrial Area and Buffer - Statement of Policy. 5. Deleting Schedule 18 (Kemerton Park Industrial Area Structure Plan). 6. Deleting Area 2 (Kemerton Industrial Area and Buffer Statement of Policy) within Schedule 5 (Additional Requirements Industrial Zones) and replacing with Area 2 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. 7. Deleting Precinct Area 6 (Kemerton Industrial Park Area and Buffers) within Schedule 14 (Planning Precinct Policy Area Statements) and replacing with Precinct Area 6 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. 8. Deleting the following from the Other Requirements column in Tables 20 and 21 Zoning and Development Standards: Council shall refer applications for major developments to the Ministry for Planning who shall liaise with the EPA & other relevant authorities and advise Council accordingly. All major developments in this zone shall be subject to: An approved development plan showing site layout of buildings, storage areas, parking and landscaping. Approved environmental management criteria governing layout, manner of development and ongoing management of proposed operations, including safety and satisfactory storage or disposal of noxious or hazardous materials or wastes. An environmental impact statement if required by Council or the EPA, or the Ministry for Planning. An economic impact statement if required by Council or the Ministry for Planning. Being replaced with: Council shall consult with the relevant State government or other relevant organisations, when assessing planning applications in the Kemerton Strategic Industry zone, to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone. Development in this zone is subject to Clause 4.8 of the District Planning Scheme and the provisions of Part 1 of the adopted Kemerton Strategic Industrial Area Structure Plan (as amended). vi

7 9. Deleting from the Other Requirements column in Table 22 Zoning and Development Standards: Kemerton Park Industry and replacing with Kemerton Strategic Industry. 10. Deleting Schedule 4 from the Other Requirements column in Table 33 Zoning and Development Standards and replace with: When considering an application for planning approval with respect to land wholly or partly within the Kemerton Industry Buffer zone, the Council shall refer the proposal to the relevant State Government Agencies for comment. Landholdings located within the Kemerton Industry Buffer zone are included within the Special Control Area No.2 of the Greater Bunbury Region Scheme. When preparing an application for planning approval, applicants are required to satisfy the provisions of Part 7 Applications for Planning Approval of the Greater Bunbury Region Scheme. 11. Deleting Kemerton Heavy from the Policy Statement and replace with Kemerton Strategic Industry in Table 33 Zoning and Development Standards. 12. Deleting Table 34 Zoning and Development Standards (Inter Industry Buffer), and renumbering subsequent Tables and correlated table numbers in clause 4.1 accordingly. 13. Amending Table 20 -Zoning and Development Standards by changing the permissibility of the following land uses within the Kemerton Strategic Industry zone: Noxious Industry from SA to P ; Noxious Industry from SA to P ; Waste Treatment Works from SA to P ; Gas Manufacture and Storage from SA to P ; Fuel Depot from SA to P ; Electricity Generation from SA to P ; and Public Utility from SA to P. 14. Amending Table 22 -Zoning and Development Standards by deleting the land use of Dry Cleaning Premises from the Kemerton Ancillary Industry zone. 15. Amending Table 33 -Zoning and Development Standards by deleting the land uses Viticulture/Horticulture Market Garden and Piggery from the Kemerton Industry Buffer zone. vii

8 16. Amending the Scheme Map by: Rezoning land located within the northern and western portions of the Structure Plan area from General Farming zone to Kemerton Industry Buffer zone. Rezoning the Core of the Structure Plan from Kemerton Buffer to Kemerton Strategic Industry zone. Rezoning Inter-Industry Buffer zone to Kemerton Industry Buffer zone. Dated this day of 2015 CHIEF EXECUTIVE OFFICER viii

9 T R E A S U R E R O A D T R E A S U R E R O A D F O R R E S T H I G H W A Y F O R R E S T H I G H W A Y M A R R I O T T R O A D M A R R I O T T R O A D W E L L I N G T O N R O A D W E L LE S L E Y R O A D D E V L I N R O A D LEGEND H11 Kemerton Strategic Industrial Area Structure Plan Boundary R O A D K E M E R TON R O A D K E M E R TON GREATER BUNBURY REGION SCHEME RESERVES Public Purposes PU SU Public Utilities Special Uses Railways Regional Open Space T R E A S U R E T R E A S U R E R O A D R O A D W E L L I N G T O N R O A D W E L LE S L E Y R O A D R3 SU R1 EXISTING ZONES Inter-Industry Buffer Kemerton Ancillary Industry Kemerton Park Industry Kemerton Buffer General Farming OTHER R3 Restricted Uses Buildings & Places of Heritage Significance D E V L I N R O A D R2 PU PROPOSED ZONES Kemerton Industry Buffer Kemerton Strategic Industry EXISTING ZONING PROPOSED ZONING ADOPTION FINAL APPROVAL ADOPTED BY RESOLUTION OF THE SHIRE OF HARVEY AT THE ORDINARY MEETING OF THE COUNCIL HELD ON THE DAY OF ADOPTED FOR THE APPROVAL OF THE SHIRE OF HARVEY AT THE ORDINARY MEETING OF THE COUNCIL HELD ON THE DAY OF 201 THE COMMON SEAL OF THE SHIRE OF HARVEY WAS HEREUNTO AFFIXED BY AUTHORITY OF A RESOLUTION OF THE COUNCIL IN THE PRESENCE OF SHIRE PRESIDENT SHIRE PRESIDENT CHIEF EXECUTIVE OFFICER 2. RECOMMENDED/ SUBMITTED FOR FINAL APPROVAL BY THE WESTERN AUSTRALIAN PLANNING COMMISSION CHIEF EXECUTIVE OFFICER DELEGATED UNDER S.16 OF THE P&D FINAL APPROVAL GRANTED DATE MINISTER FOR PLANNING DATE SEAL PLANNING AND DEVELOPMENT ACT 2005 SHIRE OF HARVEY DISTRICT PLANNING SCHEME NO.1 AMENDMENT NO RZ1C TPS ai

10 SchemeAmendmentReport

11 1.0 Summary This report has been prepared by TPG Town Planning, Urban Design and Heritage (TPG) on behalf of LandCorp and the Department of State Development (DSD) to request the Shire of Harvey (SoH) amend its District Planning Scheme No. 1 (DPS1) by aligning the Scheme Map zonings in accordance with the Greater Bunbury Region Scheme (GBRS) map, and undertake textual amendments to reflect the GBRS and the proposed Kemerton Strategic Industrial Area (KSIA) Structure Plan. The objectives of the KSIA are: a. To enable the establishment of resource processing industries and associated supporting activity in order to fulfill its designated role as a strategic industrial area for the South-West region. b. To provide industrial development areas that: are identified for subdivision and Strategic and Ancillary development; are sufficiently flexible to accommodate the varying needs of future proposals including the need for flexible servicing arrangements for industry within the Strategic Industry zone; achieve beneficial economic, environmental and community outcomes; encourage synergic interactions between business activities consistent with the principles of industrial ecology; are protected from the encroachment of incompatible uses; respect visual management considerations; enable environmental protection and management arrangements that minimise impact on the natural environment; and respect sites of Aboriginal heritage significance. 1.1 Purpose of Amendment No.114 The purpose of this report is to seek Council s adoption (initiation) of Amendment No. 114 to DPS1 to: Update the DPS1 map so that it aligns with the GBRS; Rationalise the existing number of zones applied to the subject site from four to three zones by incorporating the land currently zoned Kemerton Inter-Industry Buffer into the Kemerton Industry Buffer zone; Remove existing policy statements and schedules relating to the Kemerton Industrial Park, which shall be replaced by the proposed KSIA Structure Plan; Align the DPS1 use class table with those land uses listed within the GBRS and the intentions of the Kemerton Strategic Industry and Industry Buffer zones; and Add and amend DPS1 textual provisions to provide clarity regarding the intent of the KSIA and the assessment process for planning applications. 2

12 2.0 Background 2.1 Subject Site The KSIA, also known as the Kemerton Industrial Park, is the largest heavy industrial area in the South West of Western Australia and is one of the State s designated Strategic Industrial areas. The KSIA is located approximately 160km south of the Perth metropolitan region and 17 kilometres north east of Bunbury and its deepwater port, within the Shire of Harvey. The subject site is bound to the east and southeast by the Wellesley River and to the west and southwest by Forrest Highway. Refer to Figure 1 Location Plan Forrest Highway Wellesley INSET PLAN PERTH Mandurah Road River Bunbury Margaret River Wellesley Augusta Marriott Road Forrest Highway Marriott Road South Western Highway AUSTRALIND BRUNSWICK Source: Nearmap Kemerton Strategic Industry Kemerton Ancillary Industry Kemerton Industry Buffer Figure 1 Location Plan 3

13 2.2 A Brief History of the Kemerton Strategic Industrial Area The KSIA was established in 1985 as a major (heavy) industrial estate. The site was established primarily for the purpose of locating major (heavy) industry to provide downstream processing and value-adding to the South West region of Western Australia s primary resources, in particular its substantial mineral resources, for both export and domestic markets. In 1985 the industry core (the Core) was established as 1,151 ha with a surrounding buffer area (to mitigate indirect effects from the industrial development on surrounding residents/ sensitive premises) of approximately 4278 ha. By 1997 an additional 963 ha of industry land was proposed, based on the Kemerton Expansion Study (BSD Consultants 1997). The study proposed an expansion of the Core to a total of 2114 ha and the buffer to 5429 ha. This study was one of the investigations included in a report entitled Industry 2030 Greater Bunbury Industrial Land and Port Access Planning, prepared by the Western Australian Planning Commission (WAPC). The report included a final concept plan for the expansion of the KSIA based on the Kemerton Expansion Study. The WAPC also reflected the expanded KSIA in the draft GBRS (2000) which was subsequently adopted and has been in operation since November Refer to Figure 2 which shows the extent of the industrial zoned areas and the prescribed buffer Special Control Area No.2 Kemerton Industrial Zone Buffer Area which currently apply under the GBRS. Figure 2 - Extract of Existing GBRS which shows the extent of the Special Control Area No.2 Kemerton Industrial Zone Buffer Area and the areas of industrial zoned land. 4

14 By late 2005, LandCorp in association with the Department of Industry and Resources (now Department of State Development) engaged Thompson McRobert Edgeloe, Coffey Environments and William James Landscape Architect to prepare a strategy plan which would facilitate progressive development of the KSIA. The Kemerton Industrial Park Strategy Plan (TME, 2009) brought together the key elements of various studies and investigations prepared for the site over the years into an up-to-date plan. Substantial public consultation was undertaken over 2007 and early The 2009 Strategy Plan concluded and acknowledged that ongoing environmental, heritage, and engineering investigations would be required. The key studies have now been undertaken by the current project team and form part of the proposed Structure Plan, which will be presented to the SoH and the WAPC for assessment in the coming months. The Strategy Plan identified a series of recommendations and actions to progress the implementation of the KSIA. One of these actions is for the: Preparation and approval of a rezoning amendment to the SoH DPS1 consistent with the GBRS and the Structure Plan (Section 6 Further Actions, dot point 5, page 105) Shire of Harvey District Planning Scheme No. 1 (DPS1) The KSIA is subject to the provisions of DPS1. These include the following text provisions: Zoning and development standards for the Kemerton Industrial Park zones (Tables 20, 21, 22, 33, 34): Kemerton Park Industry (Heavy); Kemerton Buffer; Kemerton Ancillary Industry; and Inter-Industry Buffer. Schedule 5: Additional Requirements Industrial Zones, clause 5.2 (Kemerton Industrial Area and Buffer Statement of Policy); Schedule 14: Planning Precinct Policy Area Statements Precinct Area 6 Kemerton Industrial Park Area and Buffers; and Schedule 18: Kemerton Park Industrial Area Structure Plan. A review of DPS1 has been undertaken in the context of the abovementioned existing text and mapping elements applicable to the KSIA. It is evident: There is a need to consolidate the various policy statements and schedules to provide improved navigation through DPS1. It is proposed that the content of the planning precinct policy statements be removed from DPS1 and form part of the proposed KSIA Structure Plan; Improvements can be made to better align the relevant DPS1 use class tables with those land uses listed within the GBRS; Clarification is required regarding the referral process for planning applications in the KSIA; 5

15 Updates are required to the Scheme map so that it aligns with the GBRS industrial zone mapping; and Improvements could be made to simplify the number of existing industrial zones. It is proposed to rationalise the existing number of zones applied to the KSIA from four to three zones by incorporating the land currently zoned Kemerton Inter-Industry Buffer into the Kemerton Industry Buffer zone Environmental Assessment and Approvals History Formal environmental advice and recommendations from the Environmental Protection Authority (EPA) have been provided specifically on the KSIA during the preparation of the GBRS and the Industry 2030 report: Industry 2030 EPA Bulletin 902 The Industry 2030 document (which sought an increase in the Core area to 2106 ha an additional 955 ha from the original Core area established in 1985) was the subject of section 16(j) advice by the EPA under the Environmental Protection Act (EP Act), with the following recommendations made specifically in regard to the Kemerton Expansion Study component of the Industry 2030 document (EPA Bulletin 902; August 1998): The EPA advises that the following modifications should be made to the Structure Plan in order to adequately protect the environment: the western boundary of the industrial expansion area should be modified to provide an appropriate buffer distance to the adjacent EPP Lakes (Mialla Lagoon) land to be ceded to the Crown for conservation purposes by Kemerton Silica Sand Pty Ltd in accordance with the Minister s environmental conditions (Bulletin 741) should be shown as Conservation on the Structure Plan; and the Structure Plan should be modified to protect vegetation of regional significance pending the outcome of vegetation survey in the Kemerton area. The EPA also advises: prior to finalisation of the Structure Plan a vegetation survey should be conducted in the Kemerton area, on advice of the EPA, to determine the extent of regionally significant vegetation; and prior to finalisation of the Structure Plan, criteria for water management (including water supply) and a drainage management plan should be adopted due to the high water table and presence of significant wetlands and watercourses adjacent to the proposed industrial core. The criteria should aim to protect water levels and water quality in important wetlands and protect water quality in Wellesley River. 6

16 A range of other issues associated with the KSIA were discussed in EPA Bulletin 902 including buffer requirements for noise, air quality and risk; protecting regionally significant wetlands, watercourses and vegetation; maintaining a sustainable groundwater balance; protecting water quality in Wellesley River and Leschenault Inlet; Solid and liquid waste disposal; and Transport corridor locations. A number of these issues were deferred for assessment at the subsequent statutory planning stages. EPA Bulletin 902 also outlined that it was expected that the proposed Bunbury Region Scheme, future town planning schemes, any amendments to these schemes and specific project proposals would incorporate the EPA s advice contained in the report and undertake the recommended studies. Future schemes and projects would also need to be assessed by the EPA pursuant to the provisions of the EP Act. Greater Bunbury Region Scheme EPA Bulletin 1108 The GBRS was referred to the EPA under the EP Act by the WAPC in August The EPA decided to formally assess (under s48a of the EP Act) the new land use zones and reserves proposed by the GBRS, being those zones and reserves that differ from the zone or reserve shown in an existing town planning scheme for the subject land. The progress of this assessment was delayed by the Kemerton Expansion Study and Industry 2030 document, with the EPA Bulletin 1108 on the GBRS not being issued until September The two areas of the EPA Bulletin 1108 that particularly relate to the KSIA include the Kemerton Industrial Park Expansion and SCA No. 2 Kemerton Industrial Zone Buffer. The Bulletin outlines the EPA s position that: the Kemerton Industrial Expansion Area and SCA No. 2 can be managed to meet the EPA s objectives provided a condition is imposed on the GBRS requiring that prior to subdivision or development being approved, whichever comes first, within the Kemerton Industrial Area or the SCA No. 2 an Environmental Management Plan is to be prepared and implemented to manage the potential impacts of the subdivision or development on remnant vegetation, wetlands, fauna and visual amenity. areas of regionally significant bushland within SCA No. 2 should be reserved as Regional Open Space (ROS) as a future amendment to the GBRS. SCA No. 2 provides adequate separation between proposed industrial development and surrounding land uses to accommodate the impacts of noise and air quality in accordance with the EPA s environmental objectives and criteria for these environmental factors. the environmental factors noise, air quality, remnant vegetation, groundwater quality, surface water quality and solid/liquid waste disposal should be deferred until the land is subdivided and/or developed for industrial purposes so that the EPA can conduct a detailed environmental assessment pursuant to Part IV of the EP Act. This advice is reflected in Ministerial Statement No 697, issued on 31 October 2005 for the GBRS, which outlines the requirements for various management plans for the KSIA. 7

17 2.3 Land Tenure Landownership in the KSIA can be considered in three key categories: LandCorp ownership (approximately 57% ownership within the Kemerton Strategic Industry zone, approximately 24% within the Kemerton Industry Buffer zone). Department of Parks and Wildlife (DPaW) ownership (approximately 10% ownership within the Kemerton Strategic Industry zone, approximately 47% within the Kemerton Industry Buffer zone). Other ownership (private ownership, local government authorities, Infrastructure Service Agencies): approximately 33% ownership within the Kemerton Strategic Industry zone, approximately 32% within the Kemerton Industry Buffer zone). Refer to landownership Figures 3, 4 and Kemerton Strategic Industry Zone (the Core) The majority of land within the proposed Kemerton Strategic Industry zone (formerly referred to in the Kemerton Industrial Park Strategy Plan, 2005 as the Industry Core ) is owned by the WA Land Authority (trading as LandCorp). The southern portion of the Core (south of Marriott Road) is owned or leased largely by private industry. Landholdings located along the western side of the Core (added as a result of the Kemerton Expansion Study and shown under the GBRS) are owned by the DPaW. Figure 3 LandCorp ownership within the Core Figure 4 - DPaW ownership within the Core Figure 5 - Other ownership (Private ownership, local government authorities, Infrastructure Service Agencies) within the Core 8

18 2.3.2 Kemerton Industry Buffer The majority of the buffer area is owned by the DPaW (44%). LandCorp owns approximately 24% of the buffer area which is located largely along the eastern side of the KSIA, adjacent to the Wellesley River. LandCorp also owns landholdings within the existing Inter Industry Buffer zone (proposed to be merged with the Kemerton Industry Buffer zone as part of a proposed local scheme amendment to the SoH DPS1. The Water Corporation, the Bunbury-Harvey Regional Council and the SoH control other buffer land in public ownership. Private landowners are mostly located in the northern part of the buffer area (such as Kemerton Silica Sands). A number of power, gas and water easements also apply to landholdings within the KSIA. Figure 6 LandCorp ownership within buffer area Figure 7 - DPaW ownership within buffer area Figure 8 - Other ownership (Private ownership, local government authorities, Infrastructure Service Agencies) within buffer area 9

19 2.4 Over-arching Environmental Management Plan The KSIA has not been referred or considered under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) either strategically, as a plan for an industrial park, or as an overall industrial project. As such, no overall Commonwealth approval applies to development within the KSIA. Proponents are responsible for meeting the requirements of other State and Federal legislation that are applicable to the development application area and proposal. This includes, but is not limited to, the requirements of the EP Act and/or the EPBC Act. An over-arching Environmental Management Plan (EMP) document has been prepared in order to provide information regarding the environmental values of the KSIA as well as outlining a process and guidance for future environmental approvals and management in line with Ministerial Statement 697 and relevant EPA actors and objectives. The overarching EMP establishes the deferred environmental factors to be addressed by a proponent through a proposal specific EMP at the Subdivision or Development Application stages. A copy of the Over-arching Environmental Management Plan is provided as Appendix A to this document. There are two other over-arching documents environmental management documents that also apply to the KSIA, specifically the Fire Management Plan and Local Water Management Strategy (LWMS). Proponents that wish to develop a site will be required to prepare individual site-specific environmental management documents that are cognisant of the requirements of these over-arching documents (Refer to Figure 9) Figure 9 Proposed Environmental Management Framework (Source: Ecological Australia, November 2014) 10

20 Any conditions in a proposal specific EMP must be capable of being complied with during the execution of the proposal and not create ongoing obligation beyond the completion of the proposal. A summary outline of the future process with regard to environmental approvals is provided in Figure 10. Figure 10 Summary outline of future environmental approvals process (Source: Ecological Australia, November 2014) 11

21 2.5 Proposed Kemerton Strategic Industrial Area Structure Plan The principle purpose of the KSIA Structure Plan is to provide an agreed planning and management framework which will enable the KSIA to be implemented in a logical and responsible manner, coordinating land use, services and infrastructure. The Structure Plan has been prepared in accordance with Clause 9.14 (Structure Plans) of the SoH s DPS1. It provides a broad framework to guide the SoH and the WAPC when it considers subsequent subdivision and development proposals. Refer to Figure 11 Proposed KSIA Structure Plan - overleaf Land use permissibility within the Structure Plan area shall be in accordance with the corresponding existing and proposed zones and reserves under DPS1 (as amended under Amendment No.114): Kemerton Strategic Industry zone (2,024 ha) ; Kemerton Ancillary Industry zone (284 ha); Kemerton Industry Buffer (4,771 ha); Regional Open Space (195 ha). Public Purposes (234 ha). 12

22 Figure 11 Proposed KSIA Structure Plan 13

23 3.0 Comment Amendment No.114 seeks consistency between the DPS1 and the GBRS so that industrial zones and land use permissibility aligns. The amendment also proposes a number of textual modifications to DPS1 to better integrate DPS1 with the GBRS and the proposed Structure Plan. This includes rationalising existing policies and schedules within DPS1. This is proposed to be undertaken in the following manner: 3.1 Create a new Kemerton Strategic Industry zone This amendment proposal seeks to rename the existing Kemerton Park Industry (Heavy) zone to Kemerton Strategic Industry zone. This is consistent with the terminology being applied by LandCorp and DSD for other large strategic industrial areas within the State. It is noted that the term Strategic Industry zone has recently been included in the WAPC s Draft Planning and Development (Local Planning Schemes) Regulations as a new form of zone which represents a designated industrial site of State or regional significance. The purpose and intent of the existing Kemerton Park Industry (Heavy) zone as described in Table 20 of DPS1 shall remain unchanged. 3.2 Delete existing Inter Industry Buffer zone and incorporate landholdings within the broader Kemerton Industry Buffer zone. DPS1 Table 34 Policy Statement states: The primary purpose of this zone is to provide a low intensity use zone between the Kemerton Heavy Industry and Ancillary Industry zones. Once these zones have been developed, the need for this zone is to be reassessed given the existence of the surrounding Buffer zone It is evident that the majority of the land located within the Inter Industry Buffer is constrained from future development due to the existing environmental assets through this area. This includes a string of Resource Enhancement and Conservation category wetlands, including EPP 1992 SCP Lakes Register boundaries. Therefore there is some uncertainty regarding the viability of developing within this buffer area. LandCorp holds tenure for all landholdings located within this zone. On this basis, it is proposed the Inter Industry Buffer zoned landholdings be rezoned to the proposed Kemerton Industry Buffer zone, and that any reference to the Inter Industry Buffer, including Table 34 be deleted from DPS1. 14

24 3.3 Land Use Controls - Amending the Use Class Table Amendment No. 114 proposes modifications to the land use categories of the Zoning and Development Standards Table 33 (amended to Kemerton Industry Buffer), Table 22 (amended to Kemerton Ancillary Industry) and Table 20 (amended to Kemerton Strategic Industry). The amendments shall better reflect the intended permissibility of land uses within each of the zones and prohibit land uses which would compromise the operational requirements of industries located within the Kemerton Strategic Industry zone in the context of air, noise and risk for emission impacts within the buffer. The proposed modifications are tabled below: Table 20 Zone: Kemerton Park Industry (Heavy) (to be amended to Kemerton Strategic Industry) Land Use Categories Existing Permissibility Noxious Industry SA P Hazardous Industry SA P Waste Treatment Works Gas Manufacture and Storage SA SA Fuel Depot SA P Electricity Generation SA P Public Utility AA P Proposed Permissibility P P The above land uses are intended to be accommodated in the Kemerton Strategic Industry zone and should therefore be permitted uses. The above land uses can be permitted by the SoH Council subject to the provisions of clause 4.8 and the KSIA Structure Plan. Table 22 Zone: Kemerton Ancillary Industry Land Use Categories Dry Cleaning Premises Existing Permissibility AA Proposed Permissibility Delete Use From Table. The above land use is inappropriate for the support industrial area and should be removed. 15

25 Table 33 Zone: Kemerton Buffer (to be amended to Kemerton Industry Buffer) Land Use Categories Viticulture/Horticulture Market Garden Existing Permissibility SA Proposed Permissibility Delete Use From Table. Piggery SA Delete Use From Table. The Viticulture/Horticulture Market Garden use can be permitted under the existing land use categories of Rural Pursuit and Rural Industry. Therefore this use category is not required and can be deleted. Amendment No.114 also proposes to delete the Piggery land use from Table 33. Under Division 3 section 19 (1) (e) of the GBRS, Noxious Industries (as defined in State Planning Policy 4.1, which includes the land use Piggeries) are not permitted in the GBRS Kemerton Industrial Zone Buffer (Special Control Area No.2). Accordingly it is proposed to remove the permissibility of the Piggery land use in the Kemerton Industry Buffer Zone to align with the GBRS, preventing future intensive piggeries from establishing elsewhere in the buffer. A Development Application has been submitted to the SoH seeking to expand an existing intensive piggery located Lot 2 Rosamel Road. Amendment No.114 does not retrospectively apply to the current Development Application, which will be determined by the WAPC based on the planning framework which existed at the time of lodgment of the Development Application (December 2013). Should the Development Application be conditionally approved by the WAPC, and Amendment No.114 be gazetted, the development shall be subject to the non-conforming use provisions of DPS1 (Part X). 16

26 3.4 Introducing Overarching Development Intentions and Assessment Processes for the Kemerton Strategic Industrial Area Additional provisions are to be included as part of DPS1 to provide clarity to proponents and the Shire regarding the objectives and development intent for the KSIA, aswell as the referral process requirements for development proposals. This is to be achieved by introducing a new section 4.8 (Development Within the KSIA) under Part IV Zones of the Scheme: 4.8 Development Within the Kemerton Strategic Industrial Area The Kemerton Strategic Industrial Area is made up of the land zoned Kemerton Strategic Industry, Kemerton Ancillary Industry, and Kemerton Industry Buffer. The objectives of the Kemerton Strategic Industrial Area are to: (a) accommodate resource processing industries and associated supporting activity in order to fulfill its designated role as a strategic industrial area for the South-West region; (b) provide industrial development areas that: I. are identified for subdivision and Strategic and Ancillary development; II. III. IV. are sufficiently flexible to accommodate the varying needs of future proposals including the need for flexible servicing arrangements for industry within the Kemerton Strategic Industry zone; achieve beneficial economic, environmental and community outcomes; encourage synergic interactions between business activities consistent with the principles of industrial ecology; V. are protected from the encroachment of incompatible uses; VI. respect visual management considerations; VII. VIII. enable environmental protection and management arrangements that minimise impact on the natural environment; and respect sites of Aboriginal heritage significance When considering applications for planning approval within the Kemerton Strategic Industrial Area, Council shall have regard to: (a) the Kemerton Strategic Industrial Area Structure Plan; (b) whether the proposal is compatible with any existing or proposed future use or development within the Kemerton Strategic Industry zone and the Kemerton Ancillary Industry zone; (c) the existing, proposed or likely risks, hazards and nuisance (including but not limited to noise, odour and light) associated with the Kemerton Strategic Industry zone; 17

27 (d) the potential impacts of the proposal on the efficient development of the Kemerton Strategic Industrial Area; (e) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework; (f) recommendations of the chief executive officer of the Department of Mines and Petroleum in the administration of the Mining Act 1978 and the chief executive officer of the Environmental Protection Authority in the administration of the Environmental Protection Act 1986; and (g) any other issue Council deems relevant When considering applications for planning approval with respect to land wholly or partly within the Kemerton Strategic Industry zone or the Kemerton Industry Buffer zone, the Council shall refer the proposal to the relevant State Government Agencies for comment to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone When considering applications for planning approval with respect to land wholly or partly within the Kemerton Industry Buffer zone, applicants are required to satisfy the provisions of Part 5 Division 3 Kemerton Industrial zone Buffer Area and Part 7 Applications for Planning Approval of the Greater Bunbury Region Scheme. In addition, further clarification and updates are to be provided in Tables 20 and 21. This shall be achieved by deleting the following from the Other Requirements column in Tables 20 and 21 Zoning and Development Standards Council shall refer applications for major developments to the Ministry for Planning who shall liaise with the EPA & other relevant authorities and advise Council accordingly and replacing with: Council shall consult with the relevant State government or other relevant organisations, when assessing planning applications in the Kemerton Strategic Industry zone, to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone. Development in this zone is subject to the provisions of Part 1 of the adopted Kemerton Strategic Industrial Area Structure Plan (as amended). The purpose of existing clause 7.3 Kemerton Park Industrial Area and Buffer is made redundant as a result of introducing references to the Structure Plan in the land use tables and proposed clause 4.8. On this basis, it is proposed to delete clause 7.3: 7.3 (a) In addition to such other provisions of the Scheme as may affect it, land included in the Kemerton Park Industry, Kemerton Ancillary Industry, Kemerton Buffer and Inter Industry Buffer Zones shall be subject to those provisions set out in Schedule 5 - Additional Requirements Industrial Zones (Area 2) Kemerton Industrial Area and Buffer - Statement of Policy. 18

28 3.5 Consolidation of planning policies into Structure Plan The proposed Amendment seeks to consolidate the various policy statements and schedules within DPS1 to provide improved navigation and accessibility to information pertaining to the KSIA. It is proposed that the content of the planning precinct policy statements be removed from DPS1 and form part of the proposed KSIA Structure Plan. To achieve this the following is proposed: Deleting Schedule 18 (Kemerton Park Industrial Area Structure Plan). Deleting Area 2 (Kemerton Industrial Area and Buffer Statement of Policy) within Schedule 5 (Additional Requirements Industrial Zones) and replacing with Area 2 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. Deleting Precinct Area 6 (Kemerton Industrial Park Area and Buffers) within Schedule 14 (Planning Precinct Policy Area Statements) and replacing with Precinct Area 6 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. 3.6 Consistency with GBRS in accordance with Planning and Development Act 2005 Amendment No.114 will enable the SoH meet its statutory obligations to update DPS1 so that it is consistent with the GBRS map, in accordance with Part 9 Clause 124 (2) of the Planning and Development Act (2005): If a region planning scheme is inconsistent with a local planning scheme, the local government of the district in which the land directly affected is situated is to, not later than 90 days after the day on which the region planning scheme has effect, resolve to prepare (a) a local planning scheme which is consistent with the region planning scheme; or (b) an amendment to the local planning scheme which renders the local planning scheme consistent with the region planning scheme, and which does not contain or removes, as the case requires, any provision which would be likely to impede the implementation of the region planning scheme. To achieve this, the following mapping requirements shall be undertaken (Refer to Schedule of Mapping Amendments to the SoH DPS1 overleaf): Rezoning land located within the northern and western portions of the KSIA from General Farming zone to Kemerton Industry Buffer. Rezoning the western and northern portions of the Core from Kemerton Buffer to Kemerton Strategic Industry zone. Rezoning Inter-Industry Buffer zone to Kemerton Industry Buffer zone. 19

29

30 4.0 Conclusion The proposed Amendment No.114 constitutes logical mapping and textual updates to the SoH DPS1 to ensure the DPS1 is brought into alignment with the industrial zone of the GBRS map and the land use provisions of the GBRS text. The proposed modifications to DPS1 s text will also result in improvements in conveying the KSIA development requirements. These modifications are considered to be consistent with the principles of orderly and proper planning. It is respectfully requested the SoH initiate Amendment No.114 at its earliest opportunity to enable referral to the EPA and thereon for public advertising. 21

31 PLANNING & DEVELOPMENT ACT 2005 SHIRE OF HARVEY DISTRICT PLANNING SCHEME No.1 AMENDMENT No. 114 The Shire of Harvey under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends the above Town Planning Scheme by: 1. Deleting Kemerton Park Industry (Heavy) zone and Inter Industry Buffer zone in Clause 4.1 and referenced in Tables 20, 21 Zoning and Development Standards and replacing with a new zone Kemerton Strategic Industry in Tables 20 and Deleting Kemerton Buffer zone in Clause 4.1 and Table 33 Zoning and Development Standards and replacing with a new zone Kemerton Industry Buffer. 3. Adding a new section Development Within the Kemerton Strategic Industrial Area under Part IV Zones of the Scheme: 4.8 Development Within the Kemerton Strategic Industrial Area The Kemerton Strategic Industrial Area is made up of the land zoned Kemerton Strategic Industry, Kemerton Ancillary Industry, and Kemerton Industry Buffer. The objectives of the Kemerton Strategic Industrial Area are to: (a) accommodate resource processing industries and associated supporting activity in order to fulfill its designated role as a strategic industrial area for the South-West region; (b) provide industrial development areas that: I. are identified for subdivision and Strategic and Ancillary development; II. III. IV. are sufficiently flexible to accommodate the varying needs of future proposals including the need for flexible servicing arrangements for industry within the Kemerton Strategic Industry zone; achieve beneficial economic, environmental and community outcomes; encourage synergic interactions between business activities consistent with the principles of industrial ecology; V. are protected from the encroachment of incompatible uses; VI. respect visual management considerations; VII. VIII. enable environmental protection and management arrangements that minimise impact on the natural environment; and respect sites of Aboriginal heritage significance. 22

32 4.8.2 When considering applications for planning approval within the Kemerton Industry Buffer zone, Council shall have regard to: (a) the Kemerton Strategic Industrial Area Structure Plan; (b) whether the proposal is compatible with any existing or proposed future use or development within the Kemerton Strategic Industry zone and the Kemerton Ancillary Industry zone; (c) the existing, proposed or likely risks, hazards and nuisance (including but not limited to noise, odour and light) associated with the Kemerton Strategic Industry zone; (d) the potential impacts of the proposal on the efficient development of the Kemerton Strategic Industrial Area; (e) any other relevant planning and environmental considerations including, but not limited to, provisions of the State Planning Framework; (f) recommendations of the chief executive officer of the Department of Mines and Petroleum in the administration of the Mining Act 1978 and the chief executive officer of the Environmental Protection Authority in the administration of the Environmental Protection Act 1986; and (g) any other issue Council deems relevant When considering applications for planning approval with respect to land wholly or partly within the Kemerton Strategic Industry zone or the Kemerton Industry Buffer zone, the Council shall refer the proposal to the relevant State Government Agencies for comment to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone When considering applications for planning approval with respect to land wholly or partly within the Kemerton Industry Buffer zone, applicants are required to satisfy the provisions of Part 5 Division 3 Kemerton Industrial Zone Buffer Area and Part 7 Applications for Planning Approval of the Greater Bunbury Region Scheme. 4. Deleting clause 7.3 Kemerton Park Industrial Area and Buffer: 7.3 Kemerton Park Industrial Area and Buffer (a) In addition to such other provisions of the Scheme as may affect it, land included in the Kemerton Park Industry, Kemerton Ancillary Industry, Kemerton Buffer and Inter Industry Buffer Zones shall be subject to those provisions set out in Schedule 5 - Additional Requirements Industrial Zones (Area 2) Kemerton Industrial Area and Buffer - Statement of Policy. 5. Deleting Schedule 18 (Kemerton Park Industrial Area Structure Plan). 23

33 6. Deleting Area 2 (Kemerton Industrial Area and Buffer Statement of Policy) within Schedule 5 (Additional Requirements Industrial Zones) and replacing with Area 2 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. 7. Deleting Precinct Area 6 (Kemerton Industrial Park Area and Buffers) within Schedule 14 (Planning Precinct Policy Area Statements) and replacing with Precinct Area 6 Deleted by Amendment No Refer to Kemerton Strategic Industrial Area Structure Plan. 8. Deleting the following from the Other Requirements column in Tables 20 and 21 Zoning and Development Standards: Council shall refer applications for major developments to the Ministry for Planning who shall liaise with the EPA & other relevant authorities and advise Council accordingly. All major developments in this zone shall be subject to: An approved development plan showing site layout of buildings, storage areas, parking and landscaping. Approved environmental management criteria governing layout, manner of development and ongoing management of proposed operations, including safety and satisfactory storage or disposal of noxious or hazardous materials or wastes. An environmental impact statement if required by Council or the EPA, or the Ministry for Planning. An economic impact statement if required by Council or the Ministry for Planning. Being replaced with: Council shall consult with the relevant State government or other relevant organisations, when assessing planning applications in the Kemerton Strategic Industry zone, to ensure the proposal does not conflict with the strategic intentions for industry and infrastructure development in the zone. Development in this zone is subject to Clause 4.8 of the District Planning Scheme and the provisions of Part 1 of the adopted Kemerton Strategic Industrial Area Structure Plan (as amended). 9. Deleting from the Other Requirements column in Table 22 Zoning and Development Standards: Kemerton Park Industry and replacing with Kemerton Strategic Industry. 24