Ordinary Council Meeting - 20 April 2022

1. The development hereby permitted shall substantially commence within two (2) years from the date of determination.
2. The development hereby permitted shall be carried out in accordance with the stamped approved plans.
3. At all times during construction of the development all works and construction activities must be undertaken so as to avoid noise, vibration and dust nuisance to occupiers of land in the vicinity to the satisfaction of the local government.
4. No advertising signage is approved in this development approval. Prior to the erection of any signage on the site, a separate development application shall be submitted to the local government for approval.
5. All piped, ducted and wired services, air conditioners, hot water systems, water storage tanks, service meters and bin storage areas shall be located to minimise any visual and noise impact on the occupants of nearby properties and screened from view from the street to the satisfaction of the local government.
6. Prior to the commencement of any works, detailed drainage plans, including calculations, shall be prepared by a suitably qualified person. Works may only commence following written approval of these plans from the local government.
7. Prior to occupation or use of the development, an additional 7 on-site car parking bays, including a universally accessible disabled bay, and suitable vehicle access and circulation areas shall be provided in accordance with AS2890.1, AS2890.6 and AS1428 and thereafter maintained to the satisfaction of the local government.
8. Prior to occupation or use of the development, the approved stormwater management measures shall be implemented and thereafter maintained to the satisfaction of the local government.
9. Prior to occupation or use of the development, the landscaping and reticulation shall be completed in accordance with the approved plans and maintained thereafter to the satisfaction of the local government.
10. Prior to occupation of the development, any trees removed shall be replaced with advanced trees (minimum of two metres high at time of planting), of a species and in a location to the satisfaction of the local government.

That Council:

1. APPROVE the development application (ref: P21082) to conduct Stage 2 of the Industry – Extractive at Lot M1822 (No. 366) Horton Road, Woottating to Capital Recycling in accordance with the provisions of the Shire of Northam Local Planning Scheme No. 6, subject to the following conditions:

1.1.      The development hereby permitted must substantially commence within two years from the date of determination.

1.2.      This development approval is valid for a maximum period of ten (10) years from the date of the issue of the Extractive Industry Licence.

1.3.      All development must be carried out in accordance with the approved plans [and drawings] as listed below:

• Stages 1 & 2 Works Plan, Plan No. J2020163, dated 15/03.2022;
• Environmental Aspects Management Plan dated 21/03/2022.

In the event of an inconsistency between the approved plans and a requirement of the conditions set out below, the requirement of the conditions shall prevail.

1.4.      The development shall be carried out in accordance with the details of the application as approved.

1.5.      Hours of operation of the extractive industry shall be limited to Monday to Friday 7:00 am to 6:00 pm and Saturdays 7:00 am to 12 noon. No works is permitted outside these hours or on public holidays without the prior approval of the local government.

1.6.      The approved Environmental Aspects Management Plan shall be implemented for the duration of the extractive industry to the satisfaction of the local government.

1.7.      Vehicular access to and from the extractive industry hereby permitted shall be via the Great Eastern Highway only.  There is to be no direct vehicular access from the Great Southern Highway to the extractive industry hereby permitted.

1.8.      All car parking/loading areas, and vehicle access and circulation areas are to be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the local government.

1.9.      Prior to the commencement of any works, the recommendations in the approved Bushfire Management Plan shall be implemented to the satisfaction of the local government.

1.10.   Prior to the commencement of any works, measures shall be taken to ensure that vegetation worthy of retention is identified and protected during works to the satisfaction of the local government.

1.11.   Prior to the commencement of any works, the Applicant shall establish a rehabilitation bond of $27,132.00 and such bond, security, or bank guarantee to be unconditional (no expiry date) in favour of the Shire of Northam.

1.12.   A road maintenance contribution of 50 cents per tonne for the contribution to the maintenance of Horton Road shall be paid annually.

1.13.   Should any complaints be received (e.g. noise or vibration), the Applicant shall employ suitably qualified personnel to prepare an assessment to recommend mitigation strategies, which shall be submitted to the local government for approval prior to implementation.

1.14.   Prior to the commencement of any works, the Applicant shall submit evidence that consultation with the Shire of Mundaring has occurred regarding the upgrade and use of Carter Road as part of the approval haulage route.

2. Delegate authority to the Chief Executive Officer to issue the Extractive Industry Licence to Capital Recycling to operate an extractive industry (2nd stage) at Lot M1822 (No. 366) Horton Road, Woottating, subject to the following conditions:

2.1.      The extractive industry licence is valid for a period of two (2) years from the date of the issue of the Extractive Industry Licence with options to extend for further two (2) year periods up to a maximum of 10 years in total with prior local government approval.

2.2.      Development may be carried out only in accordance with the development approval (ref: P21082) and the Shire of Northam Extractive Industries Amendment Local Law 2018.

2.3.      Hours of operation of the extractive industry shall be limited to Monday to Friday 7:00 am to 6:00 pm and Saturdays 7:00 am to 12 noon. No works is permitted outside these hours or on public holidays without the prior approval of the local government.

2.4.      Vehicular access to and from the extractive industry hereby permitted shall be via the Great Eastern Highway only.  There is to be no direct vehicular access from the Great Southern Highway to the extractive industry hereby permitted.

2.5.      All car parking/loading areas, and vehicle access and circulation areas are to be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the local government.

2.6.      Prior to the commencement of any works, the approved extraction area is to be clearly demarcated onsite to the approval of the local government and approved markers indicating the extent of the area are to remain in place for the duration of the operations.

2.7.      Prior to the commencement of any works, the recommendations in the approved Bushfire Management Plan shall be implemented to the satisfaction of the local government.

2.8.      Prior to the commencement of any works, measures shall be taken to ensure that vegetation worthy of retention is identified and protected during works to the satisfaction of the local government.

2.9.      Prior to the commencement of any works, the Licensee shall establish a rehabilitation bond of $27,132.00 and such bond, security or bank guarantee to be unconditional (no expiry date) in favour of the Shire of Northam.

2.10.   The Licensee shall pay a road maintenance contribution of 50 cents per tonne for the contribution to the maintenance of Horton Road.

2.11.   Should any complaints be received (e.g. noise or vibration), the Licensee shall employ suitably qualified personnel to prepare an assessment to recommend mitigation strategies, which shall be submitted to the local government for approval prior to implementation.

2.12.   Prior to the commencement of any works, the Licensee shall submit evidence that consultation with the Shire of Mundaring has occurred regarding the upgrade and use of Carter Road as part of the approval haulage route.

2.13.   The licensee shall have at all times a current public liability insurance policy taken out in the joint names of the licensee and the local government indemnifying the licensee and the local government for a sum of not less than $10,000,000 in respect of any one claim relating to any of the excavation operations.

1. Authorises the creation of the Unused Grants Reserve for the propose of – holding grants that are not expected to be utilised in the current financial year.
2. Authorises the transfer of the prepayment of the Financial Assistance Grant being $2,557,758 to the Unused Grants Reserve.

1. Adopt the revised Policy C 3.3 Art Policy, as presented with the following amendment:
   1. All acquisition are to be made by the Chief Executive Officer, or his nominee, based on the advice and recommendation of a group of three elected members
2. Appoints Councillors Cr Williams, Cr Girak & Cr Mencshelyi to the art selection group.
3. Appoints Councillors Cr Ryan, Cr Antonio & Cr Hughes as proxies to the art selection group.

Decision withheld from the public record until item 1 of the decision has been completed.