amendment no. 55 - bayswater.wa.gov.au · batching plant would be suitably contained without unduly...

CITY OF BAYSWATER

TOWN PLANNING SCHEME NO . 24

AMENDMENT NO. 55

P r e p a r e d b y :

C i t y o f B a y s w a t e r

P l a n n i n g a n d D e v e l o p m e n t S e r v i c e s

6 1 B r o u n A v e n u e , M o r l e y 6 0 6 2

P O B o x 4 6 7 , M o r l e y 6 9 4 3

Phone: (08) 9272 0638

Email: [email protected]

../../../TPS%2023/Scheme%20Amendment%20Templates/[email protected]

City of Bayswater - Town Planning Scheme No. 24 - Amendment No. 55 Page 1

PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

CITY OF BAYSWATER

DISTRICT TOWN PLANNING SCHEME NO. 24

AMENDMENT NO. 55

RESOLVED that the Council, in pursuance of Section 75 of the Planning and Development Act

2005, amend the above local planning scheme by:

1. Inserting the following definition in Appendix 1: Interpretations:

“Concrete Batching Plant

Means land and buildings used for the storage and mixing of the constituent elements of

concrete and includes parking, maintenance, mechanical repair and refuelling of concrete

mixing vehicles used to deliver concrete batched at the premises."

2. Inserting "Concrete Batching Plant" as a use class within Table No. 1 - Zoning Table of the

scheme and classify the use as an 'X' use within all zones.

Dated this..........day of......................................20....

FRANCESCA LEFANTE CHIEF EXECUTIVE OFFICER


TABLE OF CONTENTS

PROPOSAL TO AMEND A SCHEME ............................................................................................ 3

SCHEME AMENDMENT REPORT ................................................................................................. 4

1 INTRODUCTION ..................................................................................................................... 4

2 BACKGROUND ....................................................................................................................... 4

2.1 Suitability of Concrete Batching Plants within the Bayswater Industrial Area ......... 4

2.2 Draft WAPC State Planning Policy 4.1 State Industrial Buffer Policy ........................ 5

3 EXISTING SCHEME PROVISIONS ......................................................................................... 8

4 OPTIONS FOR AMENDING TPS 24 ....................................................................................... 8

4.1 Rezoning Areas of the City's General Industry Zone to Light Industry ..................... 8

4.2 Noxious Industry being a Non-Permitted Use ............................................................. 9

4.3 Inserting Concrete Batching Plant as a Use Class and Discretionary with

Development Standards within TPS 24 ....................................................................... 9

4.4 Inserting Concrete Batching Plant as a Use Class and Non-Permitted within

TPS 24 .......................................................................................................................... 10

5 PROPOSED AMENDMENT .................................................................................................. 11

5.1 Justification ................................................................................................................. 11

5.2 Draft Industrial Land Strategy (2009) ......................................................................... 12

6 CONCLUSION ....................................................................................................................... 13


PROPOSAL TO AMEND A SCHEME

Local Authority: City of Bayswater

Description of Scheme: Town Planning Scheme No. 24

Type of Scheme: District Town Planning Scheme

Serial No of Amendment: Amendment No. 55

Proposal:

To amend Town Planning Scheme No. 24 as follows:









SCHEME AMENDMENT REPORT

1 INTRODUCTION

The City of Bayswater has initiated a scheme amendment to Town Planning Scheme No.

24 (TPS 24) to include the following textual alterations:

1. Inserting the definition of ‘Concrete Batching Plant' in Appendix 1: Interpretations;

2. Inserting 'Concrete Batching Plant' as a use class in Table No. 1 - Zoning Table and

classify the use as an 'X' use within all zones.

2 BACKGROUND

The City recently received a development application for a proposed concrete batching

plant within the Bayswater industrial area. The application generated a considerable

number of objections from nearby residential and industrial property owners, primarily in

relation to the adverse dust and noise impacts associated with concrete batching plants. As

a result of the communities' comments and objections the City has investigated the issues

associated with concrete batching plants and have considered various options to amend

the City's TPS 24. This amendment will seek to prohibit concrete batching plants within the

City of Bayswater. The amendment is considered necessary to protect the amenity of

residential and industrial properties.

2.1 Suitability of Concrete Batching Plants within the Bayswater Industrial Area

The Bayswater industrial area expanded throughout the 1950-1970s to become the

significant industrial zoned area to the east of Beechboro Road South and Embleton

Avenue. The area is characterised by a mix of predominantly small to mid-sized

properties between 1,000m2 and 3,000m2. A smaller number of larger properties are

interspersed throughout the area. Land uses within the area are of a highly intensive

industrial nature given the relatively small lot sizes and uses such as warehouses,

cabinet making/finishing, specialist manufacturing, automotive repair businesses,

and showroom units are common. The area is bounded to the north, south and west

by established residential areas and industrial land uses within the Town of

Bassendean to the east.

The concrete batching plant land use is considered a ‘high risk’ use in terms of the

negative environmental impacts it can generate such as dust and noise. The

potential impacts are heightened as the operations are typically undertaken

outdoors in a yard. This increases the risk of dust and noise having an undue impact


on the surrounding area. Fine dust particles from cement, sand and aggregates can

enter neighbouring residential areas.

2.2 Draft WAPC State Planning Policy 4.1 State Industrial Buffer Policy

The draft WAPC's State Planning Policy 4.1 State Industrial Buffer Policy

recommends that industrial land uses should incorporate buffer distances consistent

with the objectives of the Environmental Protection Authority's (EPA) "Guidance for

the Assessment of Environmental Factors No 3. Separation distances between

industrial and sensitive land uses". The guidance statement specifies that concrete

batching plants be setback a minimum distance of 300m-500m to sensitive land

uses (including residential zoned properties).

Within the Bayswater industrial area there are considered to be a limited number of

industrial properties large enough to accommodate a concrete batching plant which

can satisfy a minimum 300m - 500m separation distance to residential land uses.

Figures 1 and 2 represent properties in the Bayswater industrial area with a 300m

and 500m separation distance to sensitive land uses respectively. The industrial

area is surrounded by residential land use precincts to the north, south and west,

including Durham Road School to the south of Clavering Road.

Furthermore, given that the historical pattern of subdivision has resulted in a highly

intensive industrial area, the dust and noise externalities resulting from operations of

a concrete batching plant have the strong potential to unduly impact on adjacent

nearby industrial land uses. The EPA's Environmental Code of Practice (Concrete

Batching Plants) describes the following potential impacts of cement dust from a

concrete batching plant on adjoining industrial uses:

"The dust causes soiling of fabrics, excessive wear in precision engineering

machinery, the spoiling of paint surfaces during the refinishing of automobiles and

the varnishing of furniture and numerous other problems."

There are considered to be a limited number of properties whereby a concrete

batching plant would be suitably contained without unduly affecting the amenity of

adjoining and nearby residential and industrial land uses by way of noise and in

particular dust impacts.


FIGURE 1 - Spatial Mapping - 300m Separation Distance to Sensitive Land Uses


FIGURE 2 - Spatial Mapping - 500m Separation Distance to Sensitive Land Uses


3 EXISTING SCHEME PROVISIONS

The City's current approach under TPS 24 is to consider concrete batching plants within the

use class noxious industry. A noxious industry is defined in TPS 24 as "an industry which is

subject to licensing as 'Prescribed Premises' under the Environmental Protection Act 1986".

Concrete batching plants and cement manufacturing require licensing as a 'Prescribed

Premises' under the Environmental Protection Act 1986. Other land uses which require

licensing as a prescribed premises include used tyre storage, fibreglass reinforced plastic

manufacturing, solid waste depots, metal coating and plaster manufacturing. TPS 24 lists

'noxious industry' as a discretionary use in the general industry zone.

The City's Town Planning Scheme No. 23 (TPS 23) covers the Morley City Centre which is

identified as a strategic regional centre in the WAPC's strategic planning document

Directions 2031 and Beyond. TPS 23 encourages a range of residential and commercial

uses aimed at creating a vibrant city centre. TPS 23 currently does not provide for noxious

industries. It is therefore not considered necessary to modify TPS 23.

4 OPTIONS FOR AMENDING TPS 24

There are four (4) options available to amend TPS 24 to make concrete batching plants

"not permitted" within the City of Bayswater. It was considered that where possible the

amendment should not restrict the supply or range of industrial land uses.

4.1 Rezoning Areas of the City's General Industry Zone to Light Industry As a noxious industry is classified as a non-permitted use within the light industry

zone, one option is to rezone a portion of the general industry zone to light industry

to remove the concrete batching plant use from being considered in certain areas.

This would involve rezoning general industry zoned properties near residential

precincts to light industry to effectively provide a buffer between residential land

uses and general industry zoned properties.

The light industry zoning restricts the range of industrial land uses which may be

considered compared to the general industry zone. The rezoning would require an

extensive area of the City to be rezoned and would impact substantially on property

owners by limiting the range of industrial uses which may be undertaken on the

properties. It is therefore not considered appropriate to rezone a part of, or all of the

general industry zoned area to light industry.


4.2 Noxious Industry being a Non-Permitted Use Another option is to amend Table No. 1 of TPS 24 to classify noxious industry as a

non-permitted use in the general industry zone. This would prevent concrete

batching plants from being considered within the City. However, the amendment will

also remove the capacity for other land uses that are considered under the noxious

industry use class from being approved. Other land uses currently operating within

the City which are considered under the use class of noxious industry include used

tyre storage, fibreglass reinforced plastic manufacturing, solid waste depots, metal

coating and plaster manufacturing.

The concrete batching plant land use is considered a ‘high risk’ use in terms of the

negative environmental impacts it creates such as dust and noise generation. A

typical concrete batching plant stores sand and aggregate in external storage bins.

These materials are then transported from the storage bins to a mechanical hopper

using front end loaders. The potential dust and noise impacts are heightened as the

operations are typically undertaken outdoors in a yard.

Many of the above noxious industry land uses in the Bayswater industrial area are

well contained within buildings and are not considered to produce such undue

externalities in terms of dust and noise impacts compared to a concrete batching

plant use. Classifying noxious industry as a non-permitted use in the use class table

is therefore not considered a suitable outcome as it will remove the capacity for

other appropriate noxious industrial land uses from being considered.

4.3 Inserting Concrete Batching Plant as a Use Class and Discretionary with Development Standards within TPS 24

Other Western Australian local governments manage the concrete batching plant

land use differently to the City.

The City of Wanneroo has included 'Concrete Batching Plant' as a use class in the

City's District Planning Scheme No. 2 which was adopted in June 2006.

The concrete batching plant use is defined in the City of Wanneroo's District

Planning Scheme No. 2 as follows:

"Land and buildings used for the storage and mixing of the constituent elements of

concrete and includes parking, maintenance, mechanical repair and refuelling of

concrete mixing vehicles used to deliver concrete batched at the premises."


An option may be to include 'Concrete Batching Plant' as a use class in Table No. 1,

designating the use as a discretionary use in the general industry zone and inserting

development standards specific to the use. These standards would enforce

requirements such as separation distances and other relevant development

standards.

Few lots within the Bayswater industrial area are large enough to accommodate a

concrete batching plant sufficient for contemporary practice. Of the lots which are

large enough, few would be able to meet the EPA's 300m-500m separation distance

guidelines as illustrated in figures 1 and 2.

Furthermore, development standards alone are not considered sufficient to

effectively eliminate the negative externalities of dust and noise produced from

concrete batching plants. Given that the Bayswater industrial area is a highly

intensive industrial area, there is considered to be a high probability of the negative

externalities arising from concrete batching plants unduly impacting on surrounding

land uses. Whilst development standards can assist with managing the negative

externalities of dust and noise, the standards would not be able to completely

ameliorate the impacts and overcome the inappropriateness of the concrete

batching plant land use in the context of the Bayswater industrial area. Therefore,

the insertion of a concrete batching plant definition whilst maintaining the same use

permissibility as currently exists albeit with development standards is not considered

an effective option.

4.4 Inserting Concrete Batching Plant as a Use Class and Non-Permitted within TPS 24

The fourth option considered was to amend TPS 24 to include the above definition

of concrete batching plant in Appendix 1 - Interpretations, insert concrete batching

plant as a use class in Table No. 1 and designate the use as a non-permitted use

within all zones.

Applications for concrete batching plants would be refused as the use would be

classified as an 'X' use in Table 1 - Zoning Table of TPS 24 and not permitted under

the scheme. Existing approved concrete batching plants would be considered as

non-conforming uses which are covered under Part 4 of TPS 24.

By inserting a specific use class for concrete batching plants, the noxious industry

use class can be maintained in the scheme. This will allow for land uses including

used tyre storage, fibreglass reinforced plastic manufacturing, solid waste depots,


metal coating and plaster manufacturing to still be considered under the noxious

industry use class. This option will not reduce the supply of industrial land within the

Bayswater industrial area and is considered to have the least impact on the range of

industrial land uses compared to the other amendment options.

5 PROPOSED AMENDMENT

After investigating the four options, Council resolved to proceed with option 4 (as outlined in

section 4.4 of this report) to amend Town Planning Scheme No. 24 as follows:



Means land and buildings used for the storage and mixing of the constituent

elements of concrete and includes parking, maintenance, mechanical repair and

refuelling of concrete mixing vehicles used to deliver concrete batched at the

premises."

2. Inserting "Concrete Batching Plant" as a use class within Table No. 1 - Zoning Table

of the scheme and classify the use as an 'X' use within all zones.

5.1 Justification

Local governments often propose textual amendments to town planning schemes

as issues become evident through their operation and use. A recent development

application raised concerns with the suitability of concrete batching plants in the

Bayswater industrial area and the potential negative impacts on surrounding

residential and industrial areas.

The current approach of considering the concrete batching plant land use within the

noxious industry use class is not considered appropriate. Many noxious industry

land uses in the Bayswater industrial area have comparatively minimal noise and

dust externalities as the on site operations are contained within buildings. Concrete

Batching Plant operations typically occur outdoors in a yard which increases the

likelihood of dust and noise generation affecting adjoining properties.

Within the Bayswater industrial area there are considered to be a limited number of

industrial properties large enough to accommodate a concrete batching plant which

can satisfy a minimum 300m - 500m separation distance to sensitive residential land

uses, as recommended by the EPA's guidelines. The location of concrete batching

plants within the Bayswater industrial area is not considered consistent with orderly

and proper planning given the proximity to established residential areas.


Furthermore, the concrete batching plant land use is considered to unduly impact on

adjacent and nearby industrial land uses, particularly sensitive uses such as

specialist manufacturing (furniture finishing) and precision engineering which are at

risk to dust and noise impacts.

The inadequacy of the Bayswater industrial area in accommodating concrete

batching plants has been identified and can be addressed by amending the Scheme

to improve its operation and secure the amenity of the City's residents.

The amendment to TPS 24 is considered necessary to protect the amenity of

residential and industrial property owners from dust and noise impacts and the

detrimental effect these impacts have on the lifestyle and health of nearby residents

and workers and on other industrial land uses. In this regard, the amendment is

consistent with the objective of TPS 24 to "secure the amenity, health and

convenience of the Scheme Area and the inhabitants thereof". The gazettal of the

amendment is considered to contribute towards achieving the objectives of the

scheme.

5.2 Draft Industrial Land Strategy (2009)

The WAPC is currently considering the adoption of the Industrial Land Policy (ILS).

The ILS is the state government's response to addressing the shortfall in industrial

land, focusing on light and general industry uses.

The draft Industrial Land Strategy:

a) Identifies the areas, type and locations of general and light industrial land

required over the next 20 years;

b) Reviews the existing industrial land development program and identifies

possible extension opportunities;

c) Identifies and evaluates the suitability of locations for new and light industrial

estates; and

d) Develops a strategy to facilitate the delivery of general and light industrial

land and assist in the restoration of the Government’s long term general and

light industrial landbank.

The strategy addresses the identification and development of land suitable for

industrial activity. Given that the strategy focuses on the development of new

industrial sites, it is considered to have limited impacts on the City.


The strategy provides little guidance on how to best overcome land use conflict

arising in existing industrial zones. Notwithstanding, the proposed amendment is

considered to have a minimal impact on the range of industrial land uses which may

be approved on industrial zoned land. The use class 'noxious industry' will be

maintained as a discretionary use in the general Industry zone. This will allow for

other uses which require licensing as a 'prescribed premises' under the

Environmental Protection Act 1986 to be considered on general industry zoned land.

Given that the amendment will not reduce the supply of industrial zoned land within

the City, it is considered consistent with the WAPC's draft Industrial Land Strategy.

6 CONCLUSION

The proposed modifications to Town Planning Scheme No.24 include the following textual

alterations:

1. Inserting a definition of ‘Concrete Batching Plant' in Appendix 1: Interpretations;

2. Inserting 'Concrete Batching Plant' as a use class in Table No. 1 - Zoning Table and

classify the use as an 'X' use within all zones.

The proposed amendments are considered necessary to protect the amenity of residential

and industrial property owners within and adjoining the Bayswater Industrial area.

Additionally, the proposed amendments are not considered to conflict with the objectives of

the WAPC's draft Industrial Land Strategy.


PLANNING AND DEVELOPMENT ACT 2005

CITY OF BAYSWATER

DISTRICT TOWN PLANNING SCHEME NO. 24

AMENDMENT NO. 55

The City of Bayswater under and by virtue of the powers conferred upon it in that behalf by the

Planning and Development Act 2005 hereby amends the above local planning scheme by:








Dated this..........day of......................................20....

FRANCESCA LEFANTE CHIEF EXECUTIVE OFFICER


ADOPTION

Adopted by resolution of the Council of the City of Bayswater at the meeting of the Council held on

the..........day of......................................20...

..........................................................

MAYOR

..............................................................

CHIEF EXECUTIVE OFFICER

FINAL APPROVAL

Adopted for final approval by resolution of the City of Bayswater at the meeting of the Council held

on the..........day of......................................20.... and the Common Seal of the City of Bayswater

was hereunto affixed by the authority of a resolution of the Council in the presence of:

........................................................

MAYOR

........................................................

CHIEF EXECUTIVE OFFICER

Recommended/Submitted for Final Approval

........................................................

DELEGATED UNDER S.16 OF PD ACT 2005

DATE.................................................

Final Approval Granted

.........................................................

MINISTER FOR PLANNING

DATE.................................................

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