|
|
2 |
12.1.3 |
This Local Planning Policy (the Policy) is made pursuant to Part 2 of Shire of Manjimup Local Planning Scheme No. 4 (the Scheme).
The purpose of this Policy is to:
(i) Provide guidance in regard to applications for dam construction; and
(ii) Ensure a consistent approach is taken when considering applications.
The objectives of this Policy are to ensure:
· Dams are located a sufficient distance from boundary lines;
· Dam construction is undertaken in a manner to limit downstream impacts; and
· The dam is constructed with consideration to amenity and aesthetic values.
This Policy applies to the assessment of dam construction on land in all zones within the Shire.
The Policy is to be read in conjunction with the Scheme and any other relevant local planning policy.
If a provision of the Policy is inconsistent with the Scheme, the Scheme prevails.
For the purposes of this Policy, the following definition applies:
Dam means any man-made structure or excavation designed and constructed to intercept, accumulate and impound water flowing across, through or under any land and includes an off-stream dam, an on-stream dam, a gully-wall dam, a turkey-nest dam, an excavated soak and any structure, excavation or other device designed to act either solely or partly as a nutrient stripping basin but does not include ornamental ponds or other water features associated with landscaping and gardens.
The Department of Water (DoW) regulates the construction of dams within surface water catchment areas and defined stream channels through the Country Areas Water Supply Act 1972. Proposals for dam construction will be referred to DoW as part of the planning application process.
Notwithstanding the requirement for an approval to be obtained under the Scheme an approval from DoW may also be required to be obtained prior to any works being undertaken.
It should also be noted that the removal of native vegetation in a riparian zone to facilitate a dam may require a permit from the Department of Environment and Conservation (DEC) under the Environmental Protection Act 1986.
A permit may also be required from DEC for the removal or disturbance of Rare Flora and Fauna or Threatened Rare Flora and Fauna under the Wildlife Conservation Act 1950.
DEC also advise that the potential creation of Acid Sulphate Soil from the disturbance of the soil and water table from the creation of a dam needs to be considered as part of the planning process of a proposed dam. To reduce the implications to the natural environment Applicants should seek the advice from DEC officers in this instance.
This Policy has been prepared to limit the local government assessment process to planning matters, in particular the issue of amenity. The Policy will ensure that the amenity of the subject property, surrounding properties and the locality in general is appropriately addressed. The Policy does not focus on environmental protection or water resource management to avoid duplication with other approval processes.
The planning approval does not replace the need for approval from the DoW, where this is otherwise required. Nor does the planning approval replace the need for a clearing permit from DEC when vegetation clearing is required to allow for dam construction. However, consultation with DoW and DEC will be undertaken to ensure that any approval granted by the local government aligns with any required state-level approval.
The Policy recognises that greater scrutiny is required for dams on smaller land holdings. This is due to the greater risk to surrounding properties associated with dam failure. Given this, the Policy provides for dam walls to be designed and certified by a qualified engineer where the lot size is less than 2ha.
3.1.1 Applications seeking approval for dam construction should, in addition to the generally required supporting information (completed application form, site plan and designed drawings), provide the following information:
a) The purpose of the dam;
b) The catchment area;
c) The capacity of the dam;
d) Vegetation to be removed for construction, if any;
e) A profile of the dam wall including the provision of an overflow ensuring that the flow of water downstream is not prohibited or substantially restricted; and
f) A management plan for control of erosion/landscaping.
i) Be constructed with the edge of dam or base of wall setback a minimum of 20 metres from all property boundaries;
ii) Be constructed on slopes with an average gradient not more than 15%;
iii) Be constructed so that the high water mark is at least 30m from existing or proposed effluent disposal systems;
iv) Have a minimal impact upon the amenity of the surrounding area, with consideration being given to the visual intrusion of proposed dam walls;
v) Have all associated pumps and ancillary structures (excluding pipes) located behind setbacks prescribed for the applicable zone by the Scheme; and
vi) Where to be used as a potable water source, water drawn from the dam is to be treated to meet the current Australian Drinking Water Guidelines.
3.4 Conditions
of Approval
4.4 Other Government Agencies
4.4.1 The comments of DoW are to be sought and given due regard by the local government prior to determination of an application.
4.4.2 Where vegetation is to be removed as part of the construction of a dam, the comments of DEC are to be sought and given due regard by the local government prior to determination of an application.
ADOPTED XXX
NEXT DUE FOR REVIEW XXX
The
Administration of this Policy is by Statutory Services Division.