STOCK FEED GRAIN MILL

STOCK FEED GRAIN MILL LOT 1780 (46) GASTON ROAD BULLSBROOK

Prepared for

NEWCO MILLS LTD PTY 30 April 2021

URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE:

Director Ray Haeren Consultant Jackson Tomich Project Code P0028597

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URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK

CONTENTS

Introduction ....................................................................................................................................................... 1

1. Site Details and Context ................................................................................................................... 2 1.1. Key Site Details .................................................................................................................... 2 1.2. Proposal History ................................................................................................................... 3 1.3. Mechanism for Approval ...................................................................................................... 5

2. Proposed Development .................................................................................................................... 6 2.1. Traffic Impact Statement ...................................................................................................... 7 2.2. Accoustic Assessment ......................................................................................................... 8 2.3. Odour and Dust emissions .................................................................................................. 8 2.4. Site Operation ...................................................................................................................... 9 2.5. Landscaping ......................................................................................................................... 9 2.6. Communications Summary .................................................................................................. 9 2.7. Pre-Lodgement ..................................................................................................................10

2.7.1. Process Undertaken ...........................................................................................10 2.7.2. Response to Prelodgement Advice ....................................................................10

3. Development Need and Urgency ...................................................................................................12 3.1. Existing Facility Arrangements ..........................................................................................12 3.2. Increase in Production Demand and Economy Stimulation ..............................................12 3.3. Strategic Location ..............................................................................................................12 3.4. Maintenance of Market Competition ..................................................................................12

4. Assessment .....................................................................................................................................13 4.1. Significant Development Criteria .......................................................................................13 4.2. State Planning Framework ................................................................................................15

4.2.1. Perth and Peel @ 3.5 Million Sub-Regional Framework ....................................15 4.2.2. State Planning Policy 2.5 Rural Planning ...........................................................15 4.2.3. Bullsbrook Future Industrial Area .......................................................................15

4.3. Local Planning Framework ................................................................................................17 4.3.1. City of Swan Local Planning Scheme No. 17 .....................................................17 4.3.2. City of Swan Local Planning Strategy ................................................................17 4.3.3. Local Planning Policy POL-TP-126 Building and Development Standards

– Rural Zones .....................................................................................................17

5. Conclusion .......................................................................................................................................18

Disclaimer ........................................................................................................................................................19

Appendix A Certificate of Title And ASIC Company Extract Appendix B Development Plans Appendix C Transport Impact Assessment Appendix D Stormwater management plan Appendix E Site and Soil Evaluation Appendix F Geotechnics, Geotechnical Study & Desktop Acid Sulfate Soils Study Appendix G APD Engineering, Feasibility Assessment Appendix H Noise Impact Report Appendix I Environmental Report Appendix J Water Quality Assessment Appendix K Economic Benefits Study

FIGURES Figure 1 - Location Plan..................................................................................................................................... 3 Figure 2 - Industrial Estate Concept Plan ........................................................................................................ 16 TABLES Table 1 Subject Site Details .............................................................................................................................. 2 Table 2 Project History ...................................................................................................................................... 4

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URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION INTRODUCTION 1

INTRODUCTION This planning report has been prepared by Urbis, in collaboration with NewCo Mills, in support of a development proposal at Lot 1780 (46) Gaston Road, Bullsbrook (subject site).

Located between Tonkin Highway (NorthLink) and Muchea South Road, the proposal comprises of a Stock Feed Mill and associated packaging facilities for the purpose of producing stock feed for the monogastric feed market. The proposal reflects an economically integral development which will have significant implications in facilitating the economic recovery of Western Australia in light of the COVID-19 pandemic.

This application outlines the rational and merit for the proposal and specifically presents:

An overview of the key benefits of the proposal, including its contribution towards economic and COVID recovery.

A description of the technical elements of the proposal and compliance with relevant standards including traffic, environmental, waste management and acoustic.

Project history of the proposal and its need for development urgency.

An assessment against the relevant planning framework.

Given the financial value of the proposal, this application is being lodged in the form of a Form 17B application through the State Significant Development Assessment Unit (SDAU). It will therefore be assessed by the Department of Planning, Lands and Heritage (with advice from the City of Swan and relevant Government agencies) and ultimately determined by the WA Planning Commission.

2 SITE DETAILS AND CONTEXT URBIS

LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION

1. SITE DETAILS AND CONTEXT The following sections outline key site details, site history, the manner in which the land is owned and managed, and the applicable planning processes.

1.1. KEY SITE DETAILS Table 1 Subject Site Details

Component Site Information

Side Address Lot 1780 (46) Gaston Road Bullsbrook

Lot Details 1780 on DP106107

Certification of Title Volume: 2065

Folio: 378

Landowner NewCo Mills Pty Ltd

Lot Area 60.7254ha

Existing Land Use Pastural Land / Paddocks

Local Government City of Swan

Swan Local Planning Scheme Zoning

Zoned for General Rural uses

Metropolitan Region Scheme (MRS)

Zoned as Rural use

Heritage No heritage components impacting the subject site

Bushfire Proneness None of the development area is identified as being bush fire prone by the Department of Fire and Emergency Services.

URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION SITE DETAILS AND CONTEXT 3

Figure 1 - Location Plan

1.2. PROPOSAL HISTORY A previous planning application for a Stock Feed Grain Mill on this site was lodged in March 2020 and refused by JDAP in August 2020. The refusal was based on Supreme Court Precedent Harvis v Mid-West JDAP [2020] WASC 205 regarding feed mills on Industrial zoned land. NewCo Mills has since sought State Administrative Tribunal (SAT) determination in opposition to the JDAP determination. There has yet to be a determination by the SAT on this matter.

This previous application was for the Mill to operate on a smaller scale than the currently proposed Mill. The previous application was to be developed in stages, with the accompanying geotechnical reports addressing the previous application at its ultimate future design. The ultimate design would operate at a capacity that matches the current proposal’s production. It is through this that the development footprint and associated geotechnical data for the current proposal remains identical as the previous application ultimate design. The ability to reach a higher initial internal production of the Mill than previously is through increased internal component investment.

Based on discussions with the Minister for Planning’s office and the DPLH in relation to the preceding proposal (and another mill in Cuballing) we are aware that the State Government does intend to address the issues arising from the Supreme Court decision which has impacted a number of proposals around the State. The changes are likely to take some time and based on this we have identified the State Development Assessment (SDAU) process as being the appropriate avenue. It is noted that Thompson & Redwood currently operate a feed mill on ‘Rural’ Land.

4 SITE DETAILS AND CONTEXT URBIS


It should be highlighted that we had sought to have the previous iteration of this proposal referred to the SDAU under Section 272 of the Planning and Development Act 2005 by having it referred via Cabinet due to the value being under $20 million. NewCo Mills’ proposal, now incorporating Thompson & Redwood and Westpork at an earlier stage than previously planned, require additional capacity and thus increasing the capital value to over $24.7 million through additional product lines and accompanying facilities.

The proposal has undergone the SDAU formal 17A Prelodgement process in which prelodgement consultation has been performed. This report includes a response to the concerns raised by those contacted in addition to prelodgement advice from the SDAU, located in section 2.4.2.

Table 2 Project History

Date Key Stage Reference Note

23 March 2020 Initial Application Lodged to the City of Swan for JDAP Determination

LGA: DA-190/2020

DAP: DAP/20/01764

Lodgement of Feed Mill proposal on Lot 1780 Gaston Road, Bullsbrook.

Estimated Development Cost of $12 Million

31 March 2020 Supreme Court of WA Decision on Harvis v Mid-West JDAP [2020] WASC 205

Matter No:

CIV 2936/2019

Citation No:

[2020] WASC 205

Supreme Court ruled that a feed mill does not fall within a ‘industry – light’ land use definition, but rather is a manufacturing use.

Note: The above hearing was not defended by any party, meaning the Court made a decision based upon the appellant with no respondent.

18 June 2020 Application heard by JDAP and resolved to defer consideration.

LGA: DA-190/2020

DAP: DAP/20/01764

Deferred to seek independent legal advice regarding the application through the DAP Secretariat in the light of the Supreme Court’s decision in Harvis v Mid-West JDAP [2020] WASC 205.

The City of Swan had recommended approval based upon its planning merit.

17 August 2020 Application heard by JDAP and refused.

LGA: DA-190/2020

DAP: DAP/20/01764

Refused due to land use permissibility as outlined by case law in Supreme Court’s decision in Harvis v Mid-West JDAP [2020] WASC 205.

“The current proposal falls within the 'Industry - general' or 'Industry - light' definition and is

URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION SITE DETAILS AND CONTEXT 5

Date Key Stage Reference Note

therefore not permissible in the zoning of the land.”

9 September 2020 Application Lodged with SAT

SAT DR 204/2020 There is yet to be a determination on this matter.

December 2020 Advised by Minister to utilise SDAU assessment

N/A Proposal was to be referred to the SDAU under Section 272 of the Planning and Development Act 2005 by having it referred via Cabinet due to the then value being under $20 million.

1 February 2021 Amended Proposal undertaking Prelodgement with the SDAU

N/A Internal changes to proposed development will increase estimated development cost to $24.7 million. Allowing for SDAU assessment.

1.3. MECHANISM FOR APPROVAL This development application is lodged as a ‘direct application’ under Part 17, Division 2 of the P&D Act, where the WAPC can determine certain development applications. This application meets the threshold for significant development under that part because it is valued over $20m and is within the Perth metropolitan region. Per s275 of the P&D Act, the WAPC is not bound by certain legal instruments in respect to receiving, assessing, and determining such a development application. This includes the Supreme Court decision of Harvis v Mid-West JDAP [2020] WASC 205. Therefore, the significant development process via the WAPC can consider and make a determination unconstrained by the Supreme Court ruling. It is noted that the WAPC must consult the City of Swan as the relevant local government and other associated referral agencies as due process.

6 PROPOSED DEVELOPMENT URBIS


2. PROPOSED DEVELOPMENT NewCo Mills propose to develop Lot 1780 (46) Gaston Road Bullsbrook, for the purpose of a Stock Feed Grain Mill to support their agricultural and commercial growth. The proposed development details are listed in Table 3

Table 3 Proposed Development Overview

Component Information Note

Basic Description NewCo Mills propose to develop Lot 1780 (46) Gaston Road Bullsbrook, for the purpose of a Stock Feed Grain Mill.

The Stock Feed Grain Mill is to produce food for the monogastric feed market supporting both Thompson & Redwood’s customers and Westpork’s piggery operations.

Employment 36 full time direct and indirect jobs p.a created during construction.

43 employees in the perpetual operation of the facility. (24 existing employees & 19 newly created roles)

See economic benefit study (Appendix K) for further employment discussion.

Land Use Stock Feed Grain Mill is classified as an ‘Industry – Rural’ through its handling, treating, processing, and packing of rural products.

Estimated Construction Cost

Estimated construction cost of $24.7 million.

Development Area The development area encompasses 5.75ha of the north eastern corner of the subject site. Less than the maximum 10% stipulated on rural lots stipulated by POL-TP-126 Building and Development Standards - Rural Zones.

Landscaping There is no landscaping plan proposed as part of this application. Substantial trees are to be planted throughout the site as a visual and operational buffer.

Building Bulk The proposal includes two sheds (feed mill & packaging), an admin building, four incoming grain silos and other associated utility infrastructure.

Lighting is proposed for security and safety of the feed mill. They are displayed on attached plans.

Materials are to externally clad with steel sheeting in Colorbond finish ‘SURFMIST’

Height The proposed feed mill shed, and associated silos are of 25m in height.

See elevation plans in Appendix B

URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION PROPOSED DEVELOPMENT 7

Component Information Note

The proposed packaging shed is of 12m in height, with all other buildings and utilities being of 4.5m in height or less.

Facilities Administration building.

Light vehicle parking area.

Truck parking area.

Utilities building.

Packing/warehouse building including office and toilets.

Feed mill shed.

Grain intake & cleaning system.

Setbacks Setbacks do not exceed the stipulated the requirements of POL-TP-126 Building and Development Standards - Rural Zones.

Access and Car Parking Access to the subject site will be via Morley Road to the north of the subject site.

30 light vehicle parking bays are provided with truck parking located within the main operational hard stand area.

The proposal is to upgrade Morley Road will between the site access and Muchea South Road. This is to accommodate two-way traffic on a sealed carriageway.

Traffic 23 vehicle trips in the AM peak hour, and approximately 22 vehicle trips in the PM peak.

RAV 4 vehicles are to operate out of the site.

Stormwater Management Plan

Stormwater is to be managed through on-site soak holes and a bio-retention swale on the development’s perimeter.

See detailed analysis of SMP in Appendix D.

Geotechnical Reports As discussed in section 1.2, all geotechnical reports refer to the initial JDAP application but were prepared for the developments ultimate form. The previous iterations’ ultimate form is identical in capacity and development size as this revised SDAU proposal. As such, these reports remain applicable.

2.1. TRAFFIC IMPACT STATEMENT Prepared by: GTA Consultants

A Transport Impact Statement (TIS) has been prepared to undertake a traffic and parking assessment of the proposal which considers vehicle access, carparking and restricted access vehicle (RAV) movements. The TIS was prepared for the previous application, which was to be developed in stages, with the TIS addressing the previous application at its ultimate. This proposal has the same capacity as the previous applications ultimate stage, meaning that the traffic impact is identical.



The key components of the TIS are explained within various sections of this report, with a full copy of the TIS provided at Appendix C.

The development will provide 30 parking bays on-site for to accommodate staff. Parking for operational vehicles is not required and their movements within the site layout and adequately catered for.

The development proposal could generate up to 23 vehicle trips in the AM peak hour, and approximately 22 vehicle trips in the PM peak. It is estimated to generated around 140 vehicles on a daily basis. site personnel are expected to commute to the site with their own vehicles and car-pool where possible.

To move goods to and from the site, it will be necessary to operate RAV 4 type vehicles. These vehicles are defined by MRWA as being up to 27.5m in length and have a maximum load of up to 87.5 tonnes.

The proposal is to upgrade Morley Road will between the site access and Muchea South Road. This is to accommodate two-way traffic of RAV 4 type vehicles on a sealed carriageway. The Morley Road and Muchea South Road intersection is to be remediated in accordance with the proposal to facilitate turning movements of a RAV 4 vehicle. It is expected this is to be listed as an approval condition.

2.2. ACCOUSTIC ASSESSMENT Prepared by: Reverberate Consulting

A preliminary acoustic assessment was undertaken for the proposed development as is included in Appendix H

Noise emissions from the site will be managed in accordance with the Environmental Protection (Noise) Regulations 1997. The dominant noise sources are associated with the processing plant, and with vehicle movements at the site. There are no dwellings or other sensitive land uses within 500m of the subject site’s noise generating components.

The assessment concludes that the forecast noise emission levels are demonstrated to comply with the Assigned Level requirements from Environmental Protection (Noise) Regulations 1997. Additional noise control is also available, in the unlikely event that the noise limits are exceeded.

It is acknowledged that the subject site is in close proximity to both current and future noise emitters. The site’s location in close proximity of the RAAF Base Pearce opens the proposal to potential aviation noise impacts. Furthermore, the recently constructed Tonkin highway NorthLink extension and the future Perth-Darwin National Highway replacing Muchea South Road it is expected to be significant emitters on noise. The proposed Feed Mill operations are unlikely to create noise that would register above existing and future emitters.

2.3. ODOUR AND DUST EMISSIONS Prepared by 360 Environmental.

An Environmental Report prepared for the proposal reported that there is to be no offensive odour emissions released in the operation of the proposed development. The report can is located in Appendix I Common feed mill ingredient of blood and bone will not be utilised in the operation of the proposed feed mill, but rather the ingredient of tallow which omits a minor non-offensive odour. No clearing of living vegetation is required as the site has been cleared previously. Stormwater will be retained on site.

Dust emissions will be managed throughout both the construction phase and the developed facility operations. Through the construction phase dust will be managed through wetting of unsealed surfaces on dry days; main trafficable roads will be sealed; and traffic and vehicle movements will be restricted to designated access tracks, roads and parking areas and speed limits will be adhered to. Operationally, dust will be mitigated perpetually through

Totally enclosed inline processes with steam heating ingredients;

Grain unloading and handling within enclosed augers, conveyors and stored in fully enclosed silos;

Addition of water in the mixing process;

Dust generated from grinding and cooling processes will be extracted and transported to Filter Cyclones and augured back into the processing lines to reduce waste and dust emissions and all non-sealed areas will maintain a cover of slashed grass or woodchip.


2.4. SITE OPERATION The facility is proposed to operate Monday to Friday for 24 hours per day. Truck access and associated movements to and from the site will occur between 6am and 10pm on all days of operation. A total staff number of 43 employees will be employed at the site, working a variety of shifts throughout the operating hours. Saturday operation may occur between the hours of 6am and 10pm for scheduled maintenance or the requirement of extra production during weekday breakdowns or alternative facility issues.

2.5. LANDSCAPING Remedial landscaping is to be planted throughout the subject site to mitigate potential visual and operational impacts of the proposed development. A selection of WA endemic trees including Corymbia calophylla, Eucalyptus marginata, Eucalyptus gomphocephala, and Melaleuca lanceolata are suggested for planting at pot sizes of 200L-1000L. The landscape layout as shown in the site plan and renders represents the proposed planting locations of the subject trees. A detailed landscape plan and plant schedule can be prepared if requested as a condition of approval by the WAPC.

2.6. COMMUNICATIONS SUMMARY NewCo Mills has undergone a process of public consultation at the time of their previous planning application, lodged in March 2020. In that process NewCo Mills provided responses to formal comments from the application consultation period and additional JDAP deputations from the City of Swan Elected Members, adjacent landowners, and consultants. In addition, the Department of Defence was consulted due to the subject site being in close proximity to the Royal Australian Air Force (RAAF) Base Pearce.

A summary of the responses received from key stakeholders is provided below.

The local government Elected Members and those presenting deputations at JDAP commented on thezoning permissibility of the proposal.

The local government and adjacent landowners discussed the ability of the local road network toaccommodate the RAV vehicles and traffic volumes proposed.

Adjacent landowners discussed the potential for a reduction in local amenity due to the proposed builtform, potential noise and air pollution, and that neighbouring dwellings are within the 500m buffer zone.

The Department of Defence supported the proposal subject to conditions of maximum building heights.The proposal did not exceed the maximum heights and thus complying with the Department’s conditionsof approval.

Since this time, NewCo Mills has undertaken additional consultation be re-connecting with community stakeholders in light of the current proposal. NewCo Mills has contacted the City of Swan Council via phone call. The following councillors were advised of the new proposal: Cr Kevin Bailey (Mayor), Cr Patty Jones, Cr Cate McCullough and Cr Tanya Richardson. All listed councillors represent the Pearce Ward in which the subject site is located. All other councillors have been notified.

In addition to the above, Stephen Dobson (EW Risk Management) on behalf of NewCo Mills has advised adjacent landowners and residents of the proposed feed mill. An informative letter, phone calls and face to face discussion have been had with landowners. The letter is attached in Appendix K.

NewCo Mills have notified both the Hon Rita Saffioti MLA (Transport, Planning) and the Hon Alannah MacTiernan MLC (Regional Development, Agriculture and Food) of this proposal and intent to lodge.



2.7. PRE-LODGEMENT 2.7.1. Process Undertaken The proposal has undergone the State Development Assessment Unit’s prelodgement program through the lodgement of a Form 17A and accompanying letter. The Form 17A was lodged on the 1 February 2021 and a subsequent a prelodgement filter review with the State Architect, Chairman of WAPC, Chief Planning Advisor, SDAU Planning Director and the Assessing Officer was held on the 5 March 2021. It was concluded at the filter meeting that the proposal met the standards to apply for Part 17 Determination. The assessing officer has consulted all impacted stakeholders and referring agencies for prelodgement advice and notification of proposal.

Through additional liaison with the SDAU, it was at agreement that due to the nature of the proposed use and location of the proposal, the Design Review Process was not deemed appropriate. As such, no Design Review Panel has been attended nor is a 3D model of the proposal included in this application.

2.7.2. Response to Prelodgement Advice Prelodgement advice was received on the 6 April 2021 in which comments from Main Roads WA (MRWA), the Department of Water and Environmental Regulation (DWER) and the City of Swan. The referral agency comments, and the applicant’s responses, are listed within Table 4.

Table 4 Prelodgement Response

Agency Proposal Comments Applicant Response

City of Swan Council’s position and recommendation is that the application be refused for the following reasons:

1. It is considered that the proposed use of the land falls within the use class of “Industry-General” as defined by the City of Swan Local Planning Scheme No.17 and such use is a use not permitted within the “General Rural” zoning applicable to the land. ‘On the application of Supreme Court’s decision in Harvis v Mid-West JDAP [2020] WASC 205’

2. The proposed use is not considered to be a productive rural activity contributing to the economic base of the Bullsbrook locality.

3. The proposed use is not considered to be a compatible support service to meet the needs of the (Bullsbrook) rural community.

In response to point 1 above, on the application of Supreme Court’s decision in Harvis v Mid-West JDAP [2020] WASC 205.

The City of Swan attached the Responsible Authority Report dated 20 June 2020, as reference to the Officer recommendation which recommended approval of the development.

Refer to sections 1.3, 4.1 and 4.3.1.

The applicant does not support the Supreme Court’s decision in Harvis v Mid-West JDAP [2020] WASC 205 which has been identified in other sections of this report.

Furthermore, as per s275 of the P&D Act, the WAPC is not bound by certain legal instruments in respect to receiving, assessing, and determining such a development application. This includes the Supreme Court decision of Harvis v Mid-West JDAP [2020] WASC 205.

The applicant also notes the accompanying Responsible Authority Report (RAR) which contradicted the council’s determination by recommending approval of the development. The RAR had been completed with due regard to the planning scheme, zoning objectives and land use, ensuring the execution of orderly and proper planning.

Main Roads WA

1. RAV Network 4 access is proposed between the grain mill and Northlink via Morley Road, Muchea South Road, and Neaves Road

Approval of Muchea South Road, from Neaves Rd to Morley Rd, and Morley Rd as RAV Network 4 roads


Agency Proposal Comments Applicant Response

2. RAV Network 4 access has not been approved for Muchea South Road (between Neaves Road and Morley Road) and Morley Road

3. The TIS identifies that some road user sight distance requirements at the Morley Road/Muchea South Road intersection cannot be satisfied within the road reserve. Advice: The WAPC needs to decide if it is appropriate for some road user sight distance requirements at the Morley Road/Muchea South Road to be achieved across third party private property or whether they need to be achieved within the road reserve, where they can be maintained safely by the road authority.

by Main Roads Heavy Vehicle Services is a separate process to the development application process. RAV approvals are provided post construction activities. Once constructed, an application for RAV approval is to be presented to MRWA.

A site visit was conduced by Main Roads Heavy Vehicle Services (HVS) who determined that the desired RAV access is achievable subject to road intersection upgrades to an Australian technical standard.

Road user sight distance requirements and remediation will be addressed through WAPC approval conditions as stated in MRWA’s advice.

DWER 1. The site is located within the Ellen Brook sub-catchment, proclaimed under the Rights in Water and Irrigation Act 1914. A tributary of the Ellen Brook traverses the property near the site. While the supporting documents have identified this waterway, it has not been included in the previous Development Application report, dated March 2020. This should be amended.

2. The Department notes that an alternative treatment unit (ATU) is proposed to service the site. A 100 m setback is required from the waterway traversing the site, and should this setback be unattainable, justification of a smaller setback and additional information is required, including but not limited to a land capability assessment.

3. Post development runoff should not exceed predevelopment flows, and the first flush (15mm) needs to be retained and treated on site. In addition, if large stormwater events are proposed to be directed the waterway on the site, rehabilitation works will be required to prevent further erosion of the waterway. The works should include revegetation and rock pitching to minimise erosion effects and to improve water quality.

The tributary associated with the Ellen Brook is now mentioned in the development report.

The ATU will be located in excess of 100m from the waterway. All structures are setback further than 100m from the waterway’s location.

The first flush and other significant events are to be retained on site. This is furthered in Appendix D.

12 DEVELOPMENT NEED AND URGENCY URBIS


3. DEVELOPMENT NEED AND URGENCY

3.1. EXISTING FACILITY ARRANGEMENTS Westpork current procures approximately 55,000 tonnes of finished feed from a Wanneroo based feed mill facility, located off Wanneroo Road. The facility, operated by Inghams, is to close down earliest 22 July 2022 to make way for the Stockland Sinagra residential estate. Project engineers for the subject proposal estimate a construction timeline of 10-12 months, leaving Westpork facing the potential of existing without significant production capability during transitional period if the feed mill is not approved and developed urgently.

3.2. INCREASE IN PRODUCTION DEMAND AND ECONOMY STIMULATION Thompson & Redwoods existing facility, located in Upper Swan, has been operating at capacity for an extended period of time. This is due to both outdated, to small of scale and inefficient infrastructure. Within this time Thompson & Redwood has had to contract feed production in both New South Wales and Victoria, reducing the economic injection into Western Australia. Furthermore, T&R has captured additional busines from the withdrawal of Weston Milling from the bagged feed market, resulting in T&R having to produce additional tonnage of feed. This current inefficiency and capped capacity have resulted in T&R losing portions of their export market to UK, USA and European suppliers.

A new facility would not only increase basic production of stock feed, it will also allow for a broader scope of usable raw materials, assisting in plant efficiency and a reduction in its underlying cost of doing business. Lastly, COVID-19 taxation advantages concluded in July 2021 in which would greatly assist NewCo in their economic bottom line during the State of Emergency Period.

3.3. STRATEGIC LOCATION Thompson & Redwood’s current feed mill is being impacted by Urban Encroachment. Sensitive land uses from Ellenbrook residential estates are now within 500m of the existing Upper Swan feed mill, restricting production ability and the opportunity to expand due to land use conflict. The proposed location for NewCo Mills’ new feed mill is situated within a rural area at no risk of suburban encroachment, with the land earmarked for compatible future industrial.

The northern location of the proposed feed mill is a perfect opportunity for Westpork to align with their tonnage and growth alignment North of Perth. Westport’s Piggeries and the wider Lupin Region are all located north of the metropolitan area, allowing for greater market access. This is partnered with the newly constructed NorthLink Tonkin Highway extension, a purpose-built supply chain route and joint initiative by the Federal and State Government. The proposed feed mill is in a location that has significant access ability.

3.4. MAINTENANCE OF MARKET COMPETITION Currently, Western Australia has two large scale feed mills capable of servicing the monogastric market. With the Inghams’ site closing, the WA market will become even narrower. NewCo Mills’ partnership with Westpork and Thompson & Redwood creates additional market competition removing any potential monopolisation, boosting the local market economy during the economic recovery period.

URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION ASSESSMENT 13

4. ASSESSMENT 4.1. SIGNIFICANT DEVELOPMENT CRITERIA Table 5 Significant Development Criteria

Criteria Response

(a) the purpose and intent of any planning scheme that has effect in the locality to which the development application relates

A Stock Feed Grain Mill is classified as an ‘Industry – Rural’ through its handling, treating, processing, and packing of rural products. The subject site is zoned as ‘General Rural’, in which and ‘Industry – Rural’ use is permitted.

The proposed use is consistent with the stipulated objectives of the General Rural Zone through contributing towards the agricultural and economic base of the region and no adverse impacts on the surrounding rural amenity. This is through the built from being a recognisable feature of rural areas (sheds and silos), noise emissions are significantly mitigated through acoustic treatments. and odour emissions are non-existent.

(b) the need to ensure the orderly and proper planning, and the preservation of amenity, of that locality

Extensive pre-consultation with stakeholders has been conducted at all stages of the proposal’s development. The following have all been notified and conversed with during the perpetration of the proposal:

City of Swan Elected Members

Adjacent Landowners

Consultants

Department of Defence

Minister for Planning’s Office

The applicant has undertaken the preferred Form 17A prelodgement process for applications determined under Part 17 of the Planning and Development Act 2005. This process determined that SDAU determination is appropriate for the proposal and aligned with the SDAU intent.

A strategic assessment of all viable sites was performed in which the subject site was selected due to strategic access, lack of suburban encroachment, no biosecurity issues. Correspondence in early consultation suggested relocating the proposal to the Muchea Industrial Park. Such a location would be unviable for the development due to exposure of the feed mill product to bio-contaminants stemming from other uses in the area.

Similar to the above, no adverse impacts on the surrounding rural and wider locality’s amenity. Proposal only utilises approx. 8% of the site, remaining being pastural land – a staple of a rural setting

14 ASSESSMENT URBIS


Criteria Response

(c) the need to facilitate development in response to the economic effects of the COVID-19 pandemic.

The proposal represents a direct $24.7m investment into the region, with a further $17.4m net value Net Value added in the WA economy per annum attributable to operations on site.

The feed mill, once constructed, has the ability to increase production capacity of both T&R (by 10-12,000mt p.a) and Westpork (16% increase) operations. This allows both Westpork and T&R to capitalise on the export market with containerised feed.

The proposal is in a strategic economic location, with the ease of access to the newly constructed NorthLink Tonkin Highway extension (Purpose Built Supply Chain Route), close proximity to proposed Bullsbrook Intermodal Terminal, and future direct freight passage to the port of finished exportable goods. In total, the key new infrastructure around the subject site promotes greater access to the domestic supply chain.

Employment wise, 36 total full time equivalent (FTE) jobs are supported during construction phase per annum. The operation of the facility once constructed will support 43 ongoing jobs onsite (FTE and Part Time) and 67 new indirect ongoing jobs supported per annum. The facility will allow for the return of all T&R employment and financial benefit to WA through withdrawal of contracts with Eastern-States manufacturers.

The feed mill will assist in the maintenance of competition and provide diversification in the WA monogastric feed market, boosting the local market economy during the economic recovery period.

The Economic Benefits Study in Appendix K details additional economic contributions of this proposal.

(d) any relevant State planning policies and any other relevant policies of the Commission.

This report provides a detailed assessment against relevant policies.

The proposal does not contradict any key policies or plans. The proposal responds to key themes of various applicable policies such as industrial use of land, strategic supply chain connections, and a built form which does not dominate the landscape.

Development cost $20m or more The proposed development cost, as mentioned earlier in this report, is to be $24.7 million. Significant cost increases from previous iterations of this proposal stem from the requirement of increased production capacity and Westpork as an additional investor. Higher grade feed mill machinery then previously planned are required to achieve the desired production capability, with a large portion of these components being imported from Europe.


4.2. STATE PLANNING FRAMEWORK 4.2.1. Perth and Peel @ 3.5 Million Sub-Regional Framework The site is regulated at a strategic regional level by the Perth and Peel @ 3.5 million North-West Sub-Regional Planning Framework (Sub-Regional Framework). The Sub-Regional Framework has outlined the site as ‘Industrial Investigation’ in the south Bullsbrook Extension, near key areas of existing industrial and industrial expansion. The site is described in the Sub-Regional Framework as being strategically located and has efficient connections to the regional freight movement network. This highlights the permissibility of the development’s location as an Industrial - Rural land use and being a strategically favourable proposal.

4.2.2. State Planning Policy 2.5 Rural Planning State Planning Policy 2.5 Rural Planning (SPP 2.5) identifies that some industrial land uses can be located on rural land and vice versa. This is due to the often overlap in size, scale and potential impact of the land use. In this instance, a feed mill is an appropriate use on regionally zoned rural land due to its built form through silos, stock feed operations, and low development footprint scale.

4.2.3. Bullsbrook Future Industrial Area The Draft Bullsbrook Freight and Industrial District Structure Plan (BFIDSP) encompasses the greater Bullsbrook area, including the subject site for this proposal. The subject site is identified as ‘Industrial Investigation’, with the future output of the structure plan to provide greater guidance on the intended use of the land. In discussions with the Department of Planning, Lands and Heritage, it is understood that the current Draft BFIDSP is being reassessed into a higher-level Land Use Strategy. The proposed use is classified as ‘Industry – Rural’, in which is compatible with the development of a future industrial area. An Industrial Estate Concept Plan has been prepared to demonstrate a potential future layout (Figure 2)

16 ASSESSMENT URBIS


Figure 2 - Industrial Estate Concept Plan


4.3. LOCAL PLANNING FRAMEWORK 4.3.1. City of Swan Local Planning Scheme No. 17 A Stock Feed Grain Mill is classified as an ‘Industrial – Rural’ use under LPS17. An Industrial – Rural land use means: ‘(a) an industry handling, treating, processing or packing rural products; or (b) ‘a workshop servicing plant or equipment used for rural purposes.’. The proposed use achieves the Industrial – Rural(a) classification through its handling, treating, processing, and packing of rural products.

Such a land use is permitted within a ‘General Rural’ zone in LPS17 subject to local government discretion in its planning approval. The proposed use is consistent with the stipulated objectives of the General Rural Zone. The proposal is to contribute significantly towards the agricultural and wider economic base of the region through its construction and operation employment creation. In addition, the development is not to have any adverse impacts on the surrounding rural amenity through the built form being a recognisable feature of rural areas and the mitigation and absence of noise and odour emissions. Additionally, a ridge to the south of the subject site provides a natural obstruction to the view of the proposal from adjacent dwellings. Both being objectives of the General Rural Zone.

4.3.2. City of Swan Local Planning Strategy The City of Swan’s Local Rural Planning Strategy has identified the subject site as an ‘Industrial Investigation Area’. Such a classification means ‘Facilitate opportunities for development of additional industrial land, providing interconnection with necessary infrastructure and regional transport networks and being compatible with surrounding rural land uses.’ The proposal meets this objective through its development of rural-industrial land, connecting with the recently constructed NorthLink Tonkin Highway Extension, and composing a built form of silos and adjacent buildings that are compatible and comparable with surrounding rural land uses.

4.3.3. Local Planning Policy POL-TP-126 Building and Development Standards – Rural Zones

The proposal complies with relevant setback requirements for General Rural Zones stipulated by Local Planning Policy POL-TP-126 Building and Development Standards - Rural Zones (LPP126), in addition LPP126 does not specify any building height standards for development on rural land nor the requirement for landscaping provisions. The proposal complies with the site coverage requirements of LPP126, with the development area being less than 10% of the overall lot area.

18 CONCLUSION URBIS


5. CONCLUSION This report demonstrates the overall value of the proposal and its need in facilitating the economic recovery of Western Australia. The Gaston Road Feed Mill represents an integral agricultural, rural and industrial development that, in its function, will positively impact the region. The proposal meets the criteria for determination by the State Development Assessment Unit through its planning merit and acknowledged economic contribution. The proposal is also closely aligned with the future strategic aspirations for the area, representing a compatible future industrial investigation site and it’s supplementary usage to the significant investment into supply chain infrastructure.

The development of the Feed Mill on Lot 1780 Gaston Road Bullsbrook will significantly enhance the economic reach and capacity of Western Australian owned and operated businesses, significantly supporting the local economy during a period of state declared emergency. We strongly believe that the proposal will make an excellent contribution to the region and look forward to working with the Western Australian Planning Commission, Department of Planning, Lands and Heritage, the City of Swan and other agencies through the assessment process.

URBIS LOT 1790 GASTON ROAD DEVELOPMENT APPLICATION DISCLAIMER 19

DISCLAIMER This report is dated 16 March 2021 and incorporates information and events up to that date only and excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty Ltd (Urbis) opinion in this report. Urbis prepared this report on the instructions, and for the benefit only, of Newco Mills Ltd Pty (Instructing Party) for the purpose of State Significant Development Report (Purpose) and not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any purpose whatsoever (including the Purpose).

In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future events, the likelihood and effects of which are not capable of precise assessment.

All surveys, forecasts, projections and recommendations contained in or associated with this report are made in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis relied. Achievement of the projections and budgets set out in this report will depend, among other things, on the actions of others over which Urbis has no control.

In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete arising from such translations.

Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not responsible for determining the completeness or accuracy of information provided to it. Urbis (including its officers and personnel) is not liable for any errors or omissions, including in information provided by the Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not made by Urbis recklessly or in bad faith.

This report has been prepared with due care and diligence by Urbis and the statements and opinions given by Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading, subject to the limitations above.

20 CERTIFICATE OF TITLE AND ASIC COMPANY EXTRACT

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD

BULLSBROOK

APPENDIX A CERTIFICATE OF TITLE AND ASIC COMPANY EXTRACT

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK DEVELOPMENT PLANS 21

APPENDIX B DEVELOPMENT PLANS

22 TRANSPORT IMPACT ASSESSMENT


BULLSBROOK

APPENDIX C TRANSPORT IMPACT ASSESSMENT

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK STORMWATER MANAGEMENT PLAN 23

APPENDIX D STORMWATER MANAGEMENT PLAN

24 SITE AND SOIL EVALUATION


BULLSBROOK

APPENDIX E SITE AND SOIL EVALUATION

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK

GEOTECHNICS, GEOTECHNICAL STUDY & DESKTOP ACID SULFATE SOILS STUDY 25

APPENDIX F GEOTECHNICS, GEOTECHNICAL STUDY & DESKTOP ACID SULFATE SOILS STUDY

26 APD ENGINEERING, FEASIBILITY ASSESSMENT


BULLSBROOK

APPENDIX G APD ENGINEERING, FEASIBILITY ASSESSMENT

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK NOISE IMPACT REPORT 27

APPENDIX H NOISE IMPACT REPORT

28 ENVIRONMENTAL REPORT


BULLSBROOK

APPENDIX I ENVIRONMENTAL REPORT

URBIS DRAFT PLANNING APPLICATION REPORT - LOT 1780 GASTON ROAD BULLSBROOK WATER QUALITY ASSESSMENT 29

APPENDIX J WATER QUALITY ASSESSMENT

30 ECONOMIC BENEFITS STUDY


BULLSBROOK

APPENDIX K ECONOMIC BENEFITS STUDY