Questions to Council

This page contains various questions in regard to permacast's illegal facility that were put to the Sepentine Jarrahdale Shire at council meetings together with the council's response

© Shire of Serpentine Jarrahdale 2023

Mr and Mrs Michael and Christine Smowton, Cardup WA 6122 on 21 August 2023

Question 1

Why has this facility been allowed to set up and operate? We have lived at our current address for the last 20 years. During the first few years we were aware of background noise which we assumed was being generated from the Permapole and Colli’s Wood Companies. This noise was acceptable. However, over the last few years the noise levels have increased to an unacceptable level. During which time we have not been notified of any changes to the zoning of this area. The timing of the increased noise level seems to coincide with the unauthorised expansion at the Permacast facility. It would seem that Permacast have very little respect of anyone in the community or the authority of the Shire. They seem to be acting with impunity.

Response (Director Development Services)

There are no written records which specifically document what, if any, discussions occurred between Shire Officers and the operator back in 2006 when it was understood that the operation commenced at its current location. In terms of the time that has transpired since 2006, it is important to note that the Council Policy on General Compliance and Enforcement provides avenues of compliance investigation based upon a complaint being received. As set out in tonight’s agenda for Item 10.1.2 on page 36, “Since March 2023, a number of complaints have been received from nearby landowners to the subject land, alleging noise and/or vibration impacts from activities that are adversely affecting the amenity of the area”.

Question 2

Cardup is now affected by noise, pollution in the air and in the ground, heavy traffic near schools and degradation of roads because of this facility in Robertson Road. Why has this company been allowed to become so huge and affect so many neighbouring residents in this community?

Response (Director Development Services)

In respect to the operations which have directly generated the issues which complaints have (and continue) to be received, regarding page 38 of the agenda, shows details of development being undertaken between August 2022 and April 2023 which had no development approval to occur. Accordingly, the Shire (as the responsible authority for its Local Planning Scheme) has not granted approval for these works prior to them being undertaken. Notwithstanding this, an applicant can still seek to legitimise already constructed development by way of a retrospective development application process.

Mr John McEwan, Cardup WA 6122 on 21 August 2023

Question 1

I was disappointed to learn that Permacast was given approval for Lot 21 to be used as a laydown area on 9th June 2023, considering the Shire’s dealings with this Facility as outlined on page 39 of the Agenda and the fact that the Shire started receiving complaints about Permacast operations from the 1st of March. Mr Dykstra referred to this area as ‘Industry Light’. Image 11 of the agenda for tonight’s meeting has it classified as “Urban Development”. What work is permitted on this area and is the Facility allowed to emit concrete dust from this area?

Response (Director Development Services)

Each application must be assessed on their individual merits and therefore this application is not tied to anything that occurs on the Permacast site, which adjoins. A retrospective development application was received on 16 June 2022, seeking approval for a ‘retrospective laydown area’ at Lot 21, South Western Highway (corner of Norman Road), Cardup. This had been developed without any development approval in place. The application therefore sought retrospective development approval of a laydown area within the eastern cleared section of that lot. The laydown area was proposed to allow temporary storage of prefabricated bridge beams and concrete components. No buildings were proposed, and site works involved creating a level, crushed recycled asphalt surface for the storage of heavy concrete products. The application was referred to nearby landowners within 500m for comment. Full details of the proposal were also made available for members of the public, on the Shire’s yoursaySJ webpage. No submissions in objection were received, and following the merits based assessment, the application was approved on 9 June 2023. Concrete dust is strictly not permitted to be emitted from this area.

Question 2

Although this Facility is a prescribed premise, to date it has done nothing to control its emissions, despite the various management plans that it submitted for its retrospective approval application stating that it complied with all emission and traffic requirements. If this facility is given approval to operate, which authority will be monitoring it and how will they ensure that there are no emissions from the Facility?

Response (Director Development Services)

The Officer assessment recommends for Council to recommend to the Development Assessment Panel, that the application be refused. If however the DAP approved the development subject to conditions, the decision of the DAP becomes the decision of the Shire, and Officers would be required to monitor compliance with conditions the DAP imposed. It is noted also that the development requires a separate works approval and licensing regime under the State’s Environmental Protection Framework, and the agency responsible for administering this is the Department of Environment and Water Regulation. Even if DAP granted approval, the operation cannot take place unless an industry licence for a prescribed premise has been granted by the DWER, which would include conditions that agency would need to regulate on an ongoing basis.

Question 3

What do you plan to do with Permacast if the Cardup Business Park is re-zoned to Urban? It is not acceptable for it to be allowed to operate at its current address until an alternative venue is available. The DWER inspectors experienced physiological health problems. We should not be subjected to such conditions for another minute.

Response (Director Development Services)

Should the land be rezoned under the Metropolitan Region Scheme from Industry to Urban, then all non-urban uses would be expected to transition out of the area over time. Existing lawfully approved non-urban uses would be permitted to remain, provided they had secured a pre-existing development approval.

Mr Bill Denholm, Byford WA 6122 on 21 August 2023

Question 1

At the last Council meeting, concerns were raised regarding the Permacast, Permapole pollution problem. It’s also been in the media. Could we please have an update as I believe progress has been made!

Response (Director Development Services)

By way of update on this matter, a report is before Council this evening dealing with the retrospective development application submitted for the operations at Permacast, that have occurred without development approval. Separate to this, the Shire was advised on 9 August 2023 that the Department of Water, Environment and Regulation (DWER) had issued a Prevention Notice, against the Permacast operation.

Ms Ainsley Anderson, Cardup WA 6122 on 21 August 2023

Question 1

Please define ’Urban’ zone and advise the difference between ’General Industry’ and ’Urban’?

Response (Director Development Services)

An urban zone is held to provide for the existence of current and/or future urban areas, which have a primary residential purpose with associated commercial and other uses normally associated with residential development. ‘Industry’ zoned land is generally held to provide for the needs of light and general industrial development, including accommodating safely the range of external impacts such development (by nature of operations) may have associated.

Question 2

How was Lot 60 Robertson Road given special zoning?

Response (Director Development Services)

Lot 60 Robertson Road, Cardup is predominantly zoned as Urban Development, which requires the preparation and approval of a structure plan in order to guide land use and development. The Cardup Business Park Structure Plan was approved in 2019 by the WAPC. There is a small portion of Lot 60 which is zoned Special Use, where such interfaces with the mapped Bush Forever site on the subject land.

Question 3

The Laydown Area received Shire Approval on 9/06/2023. Does it require DWER approval?

Response (Director Development Services)

This question should be directed to the DWER.

Mr Norm Anderson, Cardup WA 6122 on 21 August 2023

My questions are regarding the proposed retrospective and prospective approvals for Lot 60, 394 Robertson Road Cardup.

Question 1

What depth are the bores on the property, are they licensed and do they have metres on them to check usage?

Response (Director Development Services)

The Director Development Services advised the question will be taken on notice. In accordance with Council Policy 1.1.3 – Public Question and Public Statement Time – Ordinary Council Meeting, a written response will be provided.

Response from Council Meeting 18 September 2023 - Question asked by Mr Norm Anderson at the Ordinary Council Meeting, Monday, 21 August 2023. Correspondence was sent to Mr Anderson on Wednesday, 30 August 2023 (OC23/16112).

Response (Director Development Services)

According to the State Government’s Department of Water and Environmental Regulation Online Water Register (available https://maps.water.wa.gov.au/#/webmap/register), there are two DWER licenced groundwater bores recorded for Lot 60 Robertson Road Cardup. Specific questions regarding the depth of the bores and how monitoring of usage occurs, will need to be directed to the responsible agency, being the DWER.

Question 2

Are the concrete tonnes per year that is produced going to be checked as this affects the required buffer zone?

Response (Director Development Services)

If a development approval was granted, and if that included a condition to limit throughput to not exceed a certain tonnage, this would be required to be complied with. Annual auditing and reporting would be the most appropriate mechanism to regulate this and ensure compliance.

Mr Jesse McEwan, Cardup WA 6122 on 21 August 2023

Question 1

Water information reporting database shows lot 60 has 2 water bore licenses under the entity of Jetstar enterprises:

License 1 is a very deep bore within the coal measures, licensed to extract 10,740KL of water. This license expires in October 2024.

License 2 is drilled into the Swan Superficial water basin for a total of 39,000KL. This licence expires 12/20/2030.

Can you confirm this information is correct?

Response (Director Development Services)

The Shire has no responsibility in managing water licences. This question should be directed to the DWER.

Question 2

Can water from either bore be used to produce concrete for WA Remix for concrete production? (both companies probably need high quality water, also water required for steam – I presume this also needs to be high quality).

Response (Director Development Services)

The Shire has no responsibility in managing water licences. This question should be directed to the DWER.

Question 3

How much water is required by each of the three operating companies on Lot 60 (Permapole, Permacast and WA Remix - the concrete batching plant facility)?

Response (Director Development Services)

The Shire has no responsibility in managing water licences. This question should be directed to the DWER.

Ms Keila Pillay, Harrisdale WA 6112 on 21 August 2023

Question 1

Can Permacast use water from the drainage basin for dust suppression?

Response (Director Development Services)

In respect of using drainage waters for dust suppression, this is a process that may be used by industries in certain circumstances, subject to a development approval and appropriate conditions.

Question 2

Council has stated an updated stormwater management plan for Permacast must include emptying of the drainage basin after each rainfall event. Who will be responsible for monitoring this water is correctly discharged?

Response (Director Development Services)

This condition related to the previously approved wet concrete batching plant, that was approved on 13 December 2021. This also has a DWER industry licence to operate. With regard to emptying basins, this pertains to the basins on the concrete hardstand which accommodate the batching plant. Any captured water runoff is re-used in the batching process, and such basins are required to be kept empty to ensure sufficient volume exists after a rainfall event.

The Presiding Member, Councillor Rich called forward Mr and Mrs Nereda and Kim Pinker to ask their submitted Public Questions. Mr and Mrs Pinker were not in attendance at the time of being called forward. The Presiding Member, Councillor Rich advised that written responses will be provided to Mr and Mrs Pinker.

Mr Michael Smowton, Cardup WA 6122 on 18 September 2023

Question 1

Can I please get clarification about a question in the minutes of Council Meeting Agenda of Monday 21st August 2023 which states on page 41 of 227, Ref. E23/10497: The site is currently utilised by Permacast Concrete Distribution business and the Permapole Timber Processing business.

Why is there no mention of concrete manufacture?

Response (Director Development Services)

The report in question identifies the subject proposal correctly as a Concrete Product Manufacturing Facility General Industry. Business descriptions as they appear in planning reports, are not utilised in respect of assessing a proposal, as they will often differ from the land use classification of activities under the Scheme.