Road Permit Concerns addressed to Police - Not properly Made Submission · MCU12/0012

From: Layla [[email protected]]
Sent: Wednesday, 20 June 2012 1:49:05 PM
To: Jack Lewis; [email protected]
CC: John Knaggs; Julie Edwards; [email protected]; Cr Tony Wellington - Tewantin Office; valerie carter; P&M Schofield; A Website; Juliette Peters
Subject: Fwd: RE: Further information Regarding Noosa Quad Bike Tours
Dear
Jack
In regards to our email to Assistant Superintendent, Jon
Lewis, please find below a reply from Jon.
As
Jon mentions, the letter from Sergeant McNamara to Mr Marais
is not a
police permit. Rather, it is a personal letter of support from
the
Sergeant "in
order for him to progress his applications with SCRC and
DERM"
 and should not have
been
used in anyway as a police permit for conditional
registration.
The
issuing of a police permit for conditional registration is, as
you
can see below, under investigation by Queensland Police
Service (QPS) "into
the appropriateness of the issue of a Police Permit." 
It
is unfortunate and detrimental to the community consultation
period,
that Mr Marais's application has referenced this 'personal
letter of
support' as a police permit and given a false impression to
the
community and to the acoustic consultant that this tour has
the
authority from QPS to use our public roads, when this is not
the
case.
We
question why the applicant has referenced the letter as a
'Permit' in
submissions and led the community to believe he has authority
from
QPS, when it seems he was always aware
he did not have a police permit: As Jon states "Subsequent
to that request, it has been identified by Mr Marais that
in addition
to the letter, a police permit would also be required by
SCRC."
We
also question how the Council could continue with its report
on the
feasibility of this application when it did not have essential
approvals pertaining to the use of Tablelands Road and 'Hill
Road?
We
would like it publicly noted by the council that this letter,
from
the Sergeant, holds no more weight than any other submitter
that has
submitted outside of the consultation period, and should not
have been
included in Mr Marais's application as an approval by QPS or
referred
to in his noise assessment report.
A formal letter to the
council pertaining to this matter will be sent in the next few
days for
the council's consideration.
Yours sincerely,
Layla Fowler
-------- Original Message --------
Subject:
RE: Further information Regarding Noosa Quad Bike Tours
Date:
Tue, 19 Jun 2012 17:03:13 +1000
From:
<[email protected]>
To:
<[email protected]>
Good
afternoon Layla,
 
Firstly,
I apologise for the delay however
I only returned to work yesterday having been
out of the office for 10 days.  I
spoke with Michelle this afternoon and also
explained this to her a she had
attempted to contact me whilst I was absent.
 
In
regards the queries below, I can confirm
that the letter is not and was not intended to
replicate or replace a Police
Permit as is required prior to the use of
conditionally registered vehicles.  I
am advised by Sergeant McNamara that he was
asked by Mr Marais for a letter
outlining the Sergeants position on the
proposed enterprise, in order for him
to progress his applications with SCRC and
DERM.  Subsequent to that
request, it has been identified by Mr Marais
that in addition to the letter, a
police permit would also be required by SCRC.
 Additional inquiries by us
confirm that any use of Tablelands Road
and/ or Hill Road
would require a police permit
in regards the use of conditionally registered
vehicles.
 
As
previously advised, I have sought additional
information from DERM and QT for consideration
as part of the review into the appropriateness
of the issue of a Police Permit.
 
I trust
this information is of some
assistance.
 
Regards
 
Jon
 
Jon Lewis
A/Superintendent
Maryborough
District
 
From: Layla
[mailto:[email protected]]
Sent:
Tuesday, 12 June 2012 3:22
PM
To:
Lewis.JonT[NCR];
[email protected];
[email protected]
Cc:
[email protected];
P&M Schofield; A Website;
[email protected];
[email protected]
Subject:
Further information Regarding
Noosa Quad Bike Tours
 
Dear
Assistant Commissioner Jon
Lewis and Mr Emerson MP
Further to our meeting recently Jon, we would
like to provide you with further
information as per your request.
Below
are additional items within
the police letter and the applicant's
documentation provided to the council
that we seek further clarification on from
Queensland Police Service:
Police Letter
It
is our understanding that the
Police letter provides a general support of
the application before council
instead of an appraisal for conditional
registration. We draw these conclusions
for the following reasons:
1.  The letter does not state that it applies
to 'conditional
registration' in any way, as you can see there
are no words 'conditional
registration' in the letter.
2.  There are no specifics relating to how the
tour will be operated in
reference to conditional registration, for
example no times and no details
about what sections of the roads to which this
letter applies or special
conditions pertaining.
3.  Lastly the statement,  "I
therefore advise that I have no objections
to your application" makes no
reference to conditional
registration but rather to the support of the
application that is to go before
council. As we are all aware there is no
conditional registration application
that has been submitted to Queensland
Transport to date.
Council Development Application for Material
Change of Use
The applicant has made
reference to the Police letter to
suggest he has been granted a permit and
authority to operate the tours. As you
can see in the following points:
1.  Table of Contents on page 2 of Part 2 of
the application states: 
     "16.
QUEENSLAND
POLICE PERMIT
   I page"
2.  On Page 3 of Part 2 of the Development
Application, the applicant
states:
     
"Permission for
the tours has been
granted by the Department of Environment and
Resource Management, as well as
the Queensland
police." (http://pdonline.sunshinecoast.qld.gov.au/MasterView/modules/DocumentMaster/ViewDocumentFTP.aspx?key=8xcTjw7JOHCIytx8hsd8QA%3d%3d)."
3.  In the Environmental Noise Level
Assessment conducted by David Moore
& Associates Pty Ltd, the applicant has
informed Mr Moore that he has the
police approvals needed for this application.
It would seem that not only, has
the applicant made false claims to the
Sunshine Coast Regional Council but also
to David Moore as you can see in the following
point:
1.      Introduction
on
page 1of 11 the noise assessment states:
“Based on advice from
Charles Marais Noosa Quad Bike Tours have all
of the necessary approvals to
conduct quad bike tours on public roads
and within the bush around Cooran,
in the Sunshine Coast
hinterland.”
Summation
As you can see our community, and we feel the
council and Mr Moore, have been
given the impression that the local police
department supports the Noosa Quad Bike
Tour DA application and its operations,
instead of giving an advisory letter to
be used for an application for conditional
registration.
We would like to request a clarification be
sent to the Department of
Development and Planning of Sunshine Coast
Regional Council   by the
Queensland Police Service (QPS)to clarify
whether the Police letter is
1.      a
support of
the development application or
2.      a
letter of
support for conditional registration or
3.      an
advisory
letter for road conditions and rules
applicable for the use of conditional
registration.
Further to this could we kindly request that
QPS advise the council that
"Additional inquiries will need to be made
with Qld Transport and DERM
relevant to matters under consideration."
before QPS can finalise the letter
to Queensland Transport.
Thank you kindly for your consideration of
this matter.
Yours sincerely
Layla Fowler
on behalf of Cooran residents
**********************************************************************
CONFIDENTIALITY:
The information contained in this
electronic
mail message and any electronic files attached
to it
may be confidential information, and may also be
the
subject
of legal professional privilege and/or public
interest
immunity.
If you are not the intended recipient you are
required
to delete it. Any use, disclosure or copying of
this
message and any attachments is unauthorised. If
you
have
received this electronic message in error, please
inform
the sender or contact
[email protected]
footnote also confirms that this email message has
been
checked for the presence of computer viruses.
**********************************************************************