brimbank city council ordinary council meetingagenda ... · plant is at attachment 1 to this...

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 29

Meeting No. 392 8 September 2015

Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton) Directorate: City Development Director: Stuart Menzies Policy: Planning and Environment Act 1987 Attachment: 1. Assessment Report Purpose For Council to consider lodging an objection to planning permit application PA2015/4807 (the Application) for the replacement of the quarry processing plant at the Boral Deer Park Quarry, Riding Boundary Road, Deer Park (the site), in the City of Melton. Report 1. Background Boral Recycling Pty Ltd (Boral) has lodged a planning permit application with Melton City Council’s to replace the current quarry processing plant with a new facility. The site is located within a Special Use Zone Schedule 1 (SUZ1) under the Melton Planning Scheme, which requires a planning permit for the proposed buildings and works. Melton City Council’s assessment will consider the application under the provisions of the SUZ1, which includes objectives for land management practices and rehabilitation that minimises adverse impacts on the use and development of nearby land. 2. Consultation Brimbank City Council was notified of the Application by Melton City Council under Section 52 of the Planning and Environment Act 1987 (the Act), which provides an opportunity for an objection. Brimbank City Council is not the Responsible Authority for the Application and does not have jurisdiction over the determination of the matter, however, it can raise any concerns regarding the proposal in an objection. Community Liaison Committee Boral convenes a Boral Deer Park Community Liaison Committee (the committee), which provides a forum for community members to be informed about, and discuss the operation of, the existing quarry, concrete batching plant and asphalt works. (Transpacific Cleanaway convenes a separate community liaison committee for the abutting Melbourne Regional Landfill, recently taken over from Boral). The committee is attended by representatives of Boral, Environmental Protection Authority (EPA), Melton and Brimbank city councils, and community. At the meeting on 20 August 2015, Boral gave a commitment to install modern dust monitoring equipment to measure dust levels emanating from the site. At present, dust levels are recorded through an older style dust collection method from two (2) locations on the site. 3. Analysis Information and a general overview of the Application for the proposed new processing plant is at Attachment 1 to this report. The new buildings and works will enclose a significant amount of the processes, compared to the existing plant.



Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton) (continued) Boral has indicated the proposed plant will incorporate the latest in technology and best practice. However, due to the site’s location, the processing activity has the potential to create off-site amenity impacts to nearby Brimbank residents in Deer Park and Derrimut - particularly when the new and old plant operate together over a 12 month period, until the new equipment is fully operational. The new plant and equipment will reduce the dust generated from the site, however, the extensive haul roads will remain unsealed, and truck movements are likely to continue to contribute to dust emissions. The preparation of an environmental impact assessment and implementation report as part of the proposal would provide the necessary information about the extent of dust, and how this can best be avoided or mitigated, including the adequacy of separation distances from residential uses and the treatment of roads on the site. On this basis, it is considered appropriate for Council to lodge an objecting submission, highlighting that while Brimbank supports the construction of the new facility and installation of modern dust monitoring equipment, Council seeks to ensure: • The facility is located a sufficient distance from residential uses in the City of

Brimbank, having regard to the prevailing wind direction and local climatic conditions • An environmental impact assessment and implementation report (taking into

consideration the cumulative impact of all on-site operations, including truck movements and road treatment) is prepared by an independent environmental auditor, and any recommendations be included in the design and operation of the processing plant and associated infrastructure

• Ongoing monitoring of operations and regular updates by the independent environmental auditor are provided to the Boral Deer Park Community Liaison Committee.

If the Application is approved by Melton City Council, the conditions of a Notice of Determination will be provided to Council and can be reviewed at that time. 4. Resource Implications There are no resource implications for Council to lodge an objection to the Application. 5. Compliance Statement This report has been prepared in accordance with the Act. 6. Officer Recommendation That Council: 1. Submits an objection to Planning Application PA2015/4807 for the

replacement of the quarry processing plant at the Boral Deer Park Quarry in the City of Melton, noting that while the construction of the new facility and installation of modern dust monitoring equipment is supported, Council seeks to ensure:



Report 12.9 – Objection to Planning Permit Application PA2015/4807 - Boral Deer Park Quarry, Riding Boundary Road, Deer Park (City of Melton) (continued)

a. The facility is located a sufficient distance from residential uses in the City of Brimbank, having regard to the prevailing wind direction and local climatic conditions

b. An environmental impact assessment and implementation report (taking into consideration the cumulative impact of all on-site operations, including truck movements and road treatment) is prepared by an independent environmental auditor

c. That ongoing monitoring of operations and regular updates by the

independent environmental auditor is provided to the Boral Deer Park Community Liaison Committee.

Assessment Report Planning Permit PA2015/4807 - Replacement of the quarry processing plant at the Boral Deer Park Quarry, Riding Boundary Road, Deer Park, City of Melton Prepared by City Strategy Department, Brimbank City Council August 2015

Attachment 1

Page i

Table of contents 1. Subject Site 3

1.1. Subject Site 3 1.2. Surrounding Land 3 1.3. Planning Application 4

2. Assessment of Relevant Planning Considerations 5 2.1. State Legislation 5 2.2. Zones and Overlays 6 2.3. State Planning Policy Framework (SPPF) 7 2.4. Other considerations 7

3. Key Considerations 8 3.1. Consultation 9

4. Conclusion 9

Subject Site Page 3

1. Subject Site 1.1. Subject Site

The Deer Park site comprises several land parcels owned by Boral with a total area of approximately 1,150ha. See figure 1.

Figure 1 Site Context Plan

The subject site is located across two separate properties, 1154-1198 Christies Road (east) and 408 – 546 Hopkins Road (west), Ravenhall.

The Deer Park Site is approved as a quarry (extractive industry) which includes an existing processing plant. The quarry was established in 1968 to extract basalt for use in the construction industry. The first stages of the quarry have since been filled by the existing landfill which is now operated by Transpacific Cleanaway (TCL) with further stages to be located north and south of Riding Boundary Road, Ravenhall.

A concrete batching plant, an asphalt plant, and a masonry plant also operate at the Deer Park Site, south of Riding Boundary Road, Ravenhall.

A designated ‘Northern Grasslands’ is located in the north-eastern corner of the Deer Park Site.

1.2. Surrounding Land

The subject site is located on the east side of Christies Road and west of the Deer Park Bypass. The Dame Phyllis Frost Centre and Metropolitan Remand Centre are located to the east between the site and the Deer Park Bypass.

Subject Site Page 4

Deer Park and Derrimut are residential suburbs located within the City of Brimbank and within 1.5km of the site. See Figure 2.

Figure 2: Location Map of Boral Deer Park Quarries and Surrounds

1.3. Planning Application

It is proposed to use the site as a quarry processing plant which includes the replacement and upgrading of processing plant. Under the Melton Planning Scheme the use is defined as ‘Earth and energy resources industry’

The application does not include the exploration and removal of natural earth as this has already been approved through the licence WA 97, an existing planning permit.

The quarry plant will include seven crushers, 8 screens and approximately 50 conveyors ranging from 5 metres to 150 metres in length at a total height of 21 metres.

The site operations will be 24 hours, 6 days per week, and include the pre-scalp, crush, process, stockpile, blend and despatch of product, as described below:

• Quarrying material will be delivered to a primary section where it will be tipped into a crusher, screens and conveyors within an enclosed building

• This initial processed material is then delivered via conveyors to a secondary processing section with further crushing and screen. Conveyors will drop to this material onto an open large surge pile.

• A tertiary section with two crushers, screens and conveyors will then process and screen this material also within an enclosed building

• A load–out facility will then drop product into storage bins which will conveyor into stockpiles to be trucked out for delivery.

It is proposed that a 12 month transitional period occur where the old and new plants will operate at the same time. At the end of this period, the old plant will no longer operate and the new plant will be fully operational.

Assessment of Relevant Planning Considerations Page 5

The existing access and egress points, which are currently unsealed roads will remain.

A number of sugar gum trees will be removed from the site as these are not considered to be of significant value as they are not indigenous to the area.

A plan showing the new plant and equipment is shown in figure 3.

Figure 3 Proposed Replacement Quarry Plant Layout

2. Assessment of Relevant Planning Considerations The assessment focusses only on matters relevant to land owners and occupiers in the City of Brimbank. Melton City Council will undertake its own comprehensive assessment.

2.1. State Legislation

Environmental impacts are managed within the planning system and under the Environment Protection Act 1970. The Environment Protection Act 1970 is managed under the jurisdiction of the Environment Protection Authority (EPA).

Under the Planning and Environment Act 1987 (the Act) responsible authorities (usually local councils) and planning authorities are obliged to consider environmental matters.


Section 60(1) (e) of the Act states:

Before deciding on an application, the responsible authority must consider any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development.

Section 60(1A) of the Act provides that, where appropriate, a responsible authority may consider any State Environment Protection Policy and guideline published by State Government or an authority.

The quarrying operation must comply with Victoria's extractive industries regulations contained in the Mineral Resources (Sustainable Development) Act 1990 (MRSD Act). The MRSD Act is administered by the Department of Economic Development, Jobs, Transport and Resources - Earth Resources which has issued approved Work Plan 97 for the site with a variation to accommodate the proposed new plant and equipment.

2.2. Zones and Overlays

The site is zoned Special Use Zone – Schedule 1 (SUZ1), Urban Floodway Zone and affected by the Environmental Significance Overlay – Schedules 2 and 5.

This assessment only includes the SUZ1 consideration, which is where the proposed development will occur.

Special Use Zone Schedule 1 Melton Planning Scheme

The Site is located within a Special Use Zone Schedule 1 (SUZ1) under the Melton Planning Scheme which requires a planning permit for the proposed buildings and works. The planning assessment should consider the application under the provisions of the SUZ1 taking into consideration the State and local planning policy framework and using the relevant purpose of the zone which includes land management practice and rehabilitation that minimises adverse impact on the use and development of nearby land.


2.3. State Planning Policy Framework (SPPF)

The State Planning Policy Framework (SPPF) outlines the expected planning outcomes across the State of Victoria. All changes to the Scheme must be consistent with the State planning provisions.

The SPPF should be considered as follows:

Clause 13 – Environmental Risks

The amendment supports Clause 13 (Environmental Risks) of the State Planning Policy Framework (SPPF) as the amendment will ensure that environmental risks are avoided.

This includes supporting policy that planning should identify and manage the potential for the environment and any environmental changes to impact upon the economic, environmental or social well-being of society.

Clause 14 - Natural Resources Management

This clause notes that planning is to assist in the conservation and wise use of natural resources including energy, water, land and minerals to support both environmental quality and sustainable development

2.4. Other considerations

Boral Community Liaison Committee

A Community Liaison Committee provides a forum for community members to raise concerns about the existing Boral owned quarry, concrete batching plant and asphalt operations. A separate meeting is also held by Transpacific Cleanaway (TCL) which is the new owner and operator of the Melbourne Regional Landfill which occupies the abutting site to the Boral operations. The meetings are attended by the representatives from the operation companies, community, EPA, and Melton and Brimbank City Councils.

At the Community Liaison Committee meeting on the 20 August 2015, Boral gave a commitment to install modern dust monitoring equipment to measure dust levels emanating from the site. At present dust levels are recorded through an older style dust collection method from two locations on the site. Whilst it is understood that new plant and equipment will lessen the dust generated from the site, the extensive haul roads which will remain unsealed, and truck movements, contribute to the majority of dust emissions.

On this basis benefits can also be gained through the preparation of an environmental impact assessment and implementation report which can utilise improved dust monitoring results and evaluate the data based on prevailing wind direction in relation to surrounding uses. An environmental assessment report and an implementation report would improve transparency about the operation and provide information about the extent of the dust and how this can be avoided or mitigated within time allocations. This would provide the community with a transparent mechanism in which to understand the operations of the site.

State Environment Protection Policy ((Air Quality Management)) (No. S240, Gazette 21/12/2001)

SEPP (Air Quality Management) establishes the framework for managing emissions into the air environment in Victoria from all sources of air pollutants, so that the air quality objectives outlined in SEPP (Ambient Air Quality) are met and the cleanest air possible is

Key Considerations Page 8

achieved, having regard to the economic and social development of Victoria. The management framework and attainment program for protection of the air environment contained in SEPP (Air Quality Management) address not only ambient (or regional) air quality, but also the management of particular sources (for example, industry, motor vehicles and open burning) and local air quality impacts, including air toxics, odorous pollutants, greenhouse gases and ozone depleting substances.

The Protocol for Environmental management (PEM) Mining and Extractive Industries provides the statutory requirements for management of emissions to the air environment associated with operations of extractive sites. According to the PEM, Best Practice is the main guiding principle in controlling air emissions and meeting the requirements.

A measured air quality assessment has been submitted with the planning application to demonstrate that the new plant equipment will reduce dust in relation to small dust particles measuring at PM10

b and PM2.5. The measurements of PM10b were undertaken by

the EPA monitoring station located at Deer Park, which was located 5km to northeast of the Boral site. This station has now been removed. No actual measurement of PM2.5 has been undertaken and as a result this has been modelled at concentrations of 50% of the background concentration.

The measurement of Atmospheric particulate matter – also known as particulate matter (PM) or particulates – is microscopic solid or liquid matter suspended in the Earth's atmosphere. A quarry site can be a source of particulate matter. Fine particles such as PM10 and PM2.5 can affect human health because it is small enough to enter into a person’s lungs.

The purpose of the dust report was to specifically model the impact of improving the plant equipment and it also provides information about dust levels from other sources on the site such as haul roads. It indicates that haul roads are the greatest source of dust.

The testing does not include an assessment of large nuisance dust particles which are not contained in the National Environment Protection Measure for Ambient Air Quality (NEPM) as being a risk to human health but nevertheless is a potential source of ongoing amenity impact.

The installation of modern dust monitoring equipment will overtime provide improved actual dust impact results for both small and large particles of dust.

Environmental auditors

The Environment Protection Act 1970 sets out the process for appointing environmental auditors and managing environmental impacts. Environmental Auditors are qualified private individuals who are approved to carry out an environmental audit in accordance with the Environment Protection Act 1970.

An independent Auditor can be relied upon to provide advice to Boral about the offsite impacts and how these can be mitigated.

3. Key Considerations The assessment framework which includes legislation contained in the Planning Environment Act 1987, Environment Protection Act 1970 and the SEPP guidelines and the Melton planning scheme provisions has been devised so that Council’s and the Environment Protection Authority (EPA) can ensure that industry can occur while minimising risk to human health and the nuisance to the surrounding environment.

Conclusion Page 9

Boral has indicated that the proposed plant will incorporate the latest in technology and best practice. Nonetheless, due to the Site’s location, the processing activity still has the potential to create off-site amenity impacts to nearby Brimbank residents in Deer Park and Derrimut - particularly when the new and old plant operate together over a twelve month period, until the new equipment is fully operational.

Whilst it is understood that new plant and equipment will reduce the dust generated from the Site, the extensive haul roads will remain unsealed, and truck movements are likely to continue to contribute to dust emissions. The preparation of an environmental impact assessment and implementation report as part of the proposal would provide the necessary information about and the extent of dust and how this can be best avoided or mitigated, including the adequacy of separation distances from residential uses.

On this basis it is considered appropriate that Council lodge an objecting submission highlighting that while support is given for the construction of the new facility and the installation of modern dust monitoring equipment is welcome, it seeks to ensure that:

• The facility is located a sufficient distance from residential uses in the City of Brimbank having regard to the prevailing wind direction and local climatic conditions

• An environmental impact assessment and implementation report (taking into consideration the cumulative impact of all the onsite operations) is prepared by an independent environmental auditor

• That ongoing monitoring of operations and regular updates by the Auditor is provided to the Boral Deer Park Community Liaison Committee.

If the Application is approved by the City of Melton, the conditions of a Notice of Determination will be provided to Council and can be reviewed at that time.

3.1. Consultation

Council was notified of the Application by the City of Melton under Section 52 of the Planning and Environment Act 1987 which provides an opportunity for an objection. While Brimbank City Council is not the Responsible Authority for this Application, and does not have jurisdiction over the determination of the matter, it can raise concerns regarding the proposal in an objection.

4. Conclusion Boral has indicated that the proposed plant equipment will integrate the latest in technology and best practice, and therefore the construction of the new plant should be supported. The installation of modern dust monitoring equipment is also supported, especially given that the extensive haul roads and truck movements still have the potential to cause high dust levels. It is considered that there would be benefit to site operations and communications about off-site impacts and mitigation measures by the preparation of an environmental assessment and implementation report by an independent auditor.

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