GIA application and Court Judgement Part 1 of 2 132006.268..02

Page 2

« Reduced operations from 5 days p/week and 5 Saturdays p/year to 2-3 days p/week;

« Areduced number of employees from 48 to approximately 3 to 4 staff (maximum of 10) and 3 visitors at
any one time;

« No longer manufacturing or distributing products for office water coolers;

« Reduced vehicles movements and access requirements due to changes in manufacturing and hours of
operation. The Traffic Impact Assessment prepared by RoadPro Development (Attachment II) indicated
that operations are expected to generate a maximum of 16 truck movements p/day and 15 light vehicle
movements p/day; and,

e Changes to on-site effluent requirements as a result of the reduced number of employees and visitors
(refer to On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental
within Attachment Ill).

Permissible Change under Section 367

The proposed changes to the original Development Permit and associated conditions, comply with the definition of a
"permissible change" as defined in Section 367 of the SPA. The SPA permits an assessment manager to consider a
change to an approval where the change is a "permissible change". The definition of "permissible change" is as follows:

1) A permissible change for a development approval, is a change to the approval that would not-

(a) result in a substantially different development; or

(b) _ if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
(i) for an approval for assessable development that previously did not require impact

. assessment; or

(c) for an approval for assessable development that previously required impact assessment-
be likely, in the responsible entity's opinion, to cause a person to make a properly made
submission objecting to the proposed change, it the circumstances allowed; or

(d) cause development to which the approval relates to include prohibited development”

In relation to the above definition, we make the following comments:

« — The proposed changes would not result in a substantially different development,

e — The proposed changes would not require any additional referrals to SARA;

e — The original application was Impact Assessable, yet the nature of the proposed changes would not, in our
opinion, cause a person to make a properly made submission objecting to the proposed changes given that
there will be a reduction in intensity of the use; and,

¢ The proposed changes do not involve prohibited development.

For these reasons outlined above, it is considered that the proposed changes constitute a Permissible Change to the
approved development and as such, we respectfully request a response from Council regarding the following proposed
amendments.

AMENDMENT 4

The Traffic Impact Assessment prepared by RoadPro Development (refer to Attachment Il) provides a new assessment of
the proposed operations and confirms that the required road access and vehicle movements are minimal given the proposed
reduction in operations (i.e. no distribution of water coolers and reduced days of operation p/week).

Further, the location of the access driveway has been reviewed with consideration to the number of vehicles accessing the
site. Given that the existing driveway has been operating adequately for a number of years, the location meets the Australian
Standards requirements and there is good sight visibility, low traffic volumes and the existing local driver awareness of this
access, it is considered appropriate to retain the driveway in its current location (refer to Attachment II). On this basis, it is
proposed that the existing site access be retained and that Conditions 8 and 9, which refer to a new site access, be
deleted. :

Page 3

AMENDMENT 2
The Cooroy Mountain Spring Water facility will operate with a maximum of 10 employees and a maximum of 3 visitors. As
such, it is requested that Condition 13, which refers to the required number of carparks, be amended as follows:

13. A minimum number of 28 13 uncovered carpark spaces shall be provided on site, including 1 clearly
defined disabled carpark space.

AMENDMENT 3
It is requested that a payment plan be implemented for the contributions outlined within Conditions 15 and 16. As such, itis
requested that the following notation be included:

Payment of the applicable contributions outlined by Conditions 15 and 16 is to be made in
accordance with the approved payment plan.

AMENDMENT 4

Condition 18A (i) - (vii) refers to Effluent Disposal requirements, which will now be superseded by the Site and Soil
Investigation for On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental (refer to
Attachment Ill). This report addresses each provision within Condition 18A and integrates the relevant requirements or
changes, where applicable. As such, the following amendments are requested:

18A. The design and construction of the on-site effluent disposal system and disposal area shall be in
accordance with the Concepty fluen eatment_and—Disposal_Strategy_prepared_by_Gilben_and

   

prepared by Future-plus Environmental, dated November-2009-November 2013, subject to the following
requirements:

(i) | Ongoing monitoring of treatment process and disposal areas shall be undertaken to ensure both
are functioning effectively over time. They shail be undertaken generally as follows:

e Annual monitoring shall be undertaken form the time of commissioning to determine the
quality of the wastewater produced from the effluent treatment system;

¢ Monitoring of the soils, vegetation and groundwater in the application area shall be undertaken
every three years to establish that such is not percolating into the groundwater;

e Sampling and testing shall be in accordance with relevant regulatory requirements and
manuals such as those provided by the Environmental Protection Agency, with testing
undertaken by an accredited Laboratory;

¢ Continuous monitoring shall be undertaken by the system for any water on the surface of the
application area, downslope resurfacing, changing plant growth on or around the application
area and any other signs of problems, and addressed through maintenance or servicing.

 

Page 4

 

(vi) Washing plant, equipment or vehicles shall be undertaken off-site. If on-site washing of any plant or
equipment is necessary, all wastewater shall be collected in a sump and disposed of off-site as
trade waste by a registered operator.

 

(viii) Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic Plan (Open Space-
Conservation & Waterway Protection) is to be undertaken in addition to replanting as detailed in
Drawing H J00851.2 of the Conceptual Site-Based Stormwater Management Plan.

 

NOTE

Conditions 5A - 5C refer to maximum truck movements. As a result of the changes previously outlined, truck movements will
be significantly reduced to 8 trucks p/day (refer to Traffic Impact Assessment prepared by RoadPro Development within
Attachment Il), Further, Condition 5E, which refers to hours of operation, will also be reduced to 3 days p/week.

Whilst amendments to Conditions 5A - 5C are not principally required to allow for the development to operate and are not
being requested as part of the proposed change, Council should be advised that the maximums are excessive for operations
and that these will not be exceeded.

 

We trust the information provides you with sufficient information in relation to the proposal and we look forward to receiving a
positive response from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.

Yours faithfully,
ADAMS + SPARKES
TOWN PLANNING + DEVELOPMENT

Cameron Adams
MANAGING DIRECTOR

Encl: Pre-Request to Response Application form

Page 5

Ce:

Cheque
Attachment | Traffic Impact Assessment Report prepared by RoadPro Development
Attachment Il Site and Soil Investigation for On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental

P&E Court
SARA (Concurrence Agency)
Noosa Beverages Pty Ltd

Page 6

$368 of the Sustainable Planning Act 2009

 

ALL questions MUST be completed unless the form indicates otherwise.

This form must be submitted to Council accompanied by the applicable fee.

Attach extra pages if there is insufficient space on.the form.

All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation 2009.

1. Details of person making the request

Full name — individual or company NooS4 BeveRaaes PTYUD c- ADAMS + SPARKES
Contact Name —forcompany CAMORoAN ADAWLS
Postaladdress Po BOK (000

 

 

 

 

 

 

Suburb Bv Oona [State are | Postcode UST S
Business phone 4237705 [A/H phone Mobile
Emailaddress cameron G asted- wn ou Fax

 

 

2. Details of existing approval

 

Type of approval (please tick ALL applicable categories) Which entity issued approval?

 

 

Y Development Permit O Council

O__ Preliminary Approval Planning & Environment Court

w Material Change of Use O Minister (under part 11, division 2)

O Reconfiguring a Lot O Other entity - please specify

O Operational Works

QO Building Works

O Plumbing or Drainage Works

O Environmentally Relevant Activity ,

Application number/council reference 2DOoC6/Z26R Date issued 2/2/10
ts the approval for a mobile and temporary ERA? R No O Yes-— complete below

 

Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating

 

 

3. Nature of proposed change/s (please tick ALL applicable categories)

To ghange the development approval issued by: To change the conditions issued by;
Planning & Environment Court ea Planning & Environment Court
O Minister O Council (as a Concurrence agency)
O Other entity — please specify: O Minister
O Concurrence Agency — please specify:
O Other entity — please specify:
Please attach documentation outlining the detail of and the reasons and justification for the requested change/s.

   

 

 

 

 

“Privacy ~

| Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect |

* this information in accordance with the Local Government Act 2009 and other Locat Government Acts. Your personal information is only accessed by :
persons authorised to do so. Your personal information is dealt with in accordance with council's privacy policy.

www.noosa.qid.gov.au [email protected] T 07 5329 6500
PO Box 141 Tewantin Qld 4565 ABN 97 969 214 121

Page 1 of 2

Page 7

Attachment |

Copy of Planning and Environment Court Judgement dated 2 August 2010

Page 8

 

|
CONNOR ¢ O'MEARA

solicitors

Our Ref: Michael Connor:EJP:1001521

16 August 2010

 

Sunshine Coast Regional Council
PO Box 141 ‘
TEWANTIN 4565
BY POST

Attention: Wakefield Sykes

Dear Wake

Harding & Ors v Sunshine Coast Regional Council & Anor
P & E Appeal No. 314 of 2008

Cooroy Mountain Spring Water Pty Ltd v Sunshine Coast Regional Council
& Ors - P & E Appeal No. 318 of 2008

We enclose, by way of service, a sealed copy of the Court’s orders of 2
August 2010 in respect of the above appeals.

Yours faithfully
CONNOR O’MEARA

KAUNLODS -

Encl.

“Liability limited by a scheme provided under professional standards legislation”

tevel 5 370 queen street
gpo box 2239 brisbane 4001

stue.15 @ [email protected]

t 7 3221 3033
 O7 322 6661

Page 9

a Fe cee ao tee aL,

Ee

In the Planning and Environment Court No 318 of 2008
Held at; Maroochydore

Between: COOROY MOUNTAIN SPRING WATER _— Appellant

PTY LTD ACN 053 498 285
And: SUNSHINE COAST REGIONAL COUNCIL Respondent
And: JOHN HARDING, JOHN FORTH, Co-Respondents by

ADRIENNE FORTH, JOAN ALEXANDER, Election
TAN BENNETT AND PETER MOON

JUDGMENT

Before His Honour Judge Dodds
Date of Hearing: 2 August 2010
Date of Judgment: 2 August 2010

THIS MATTER HAVING on this day come on for hearing by way of an appeal
against the Respondent’s approval of a development application for a Development
Permit for a Material Change of Use (Resource- Based Spring Water Bottling Plant)
in relation to Land at 314 Cooroy Mountain Road, Cooroy and also described as Lot 2
on SP 143409.

UPON the Court being satisfied that the changes to the plans of development are
“minor” within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act
1997 as amended by sections 821 and 350 of the Sustainable Planning Act 2009.

IT IS ADJUDGED that:
1. the appeal be allowed in part;

2. the changed application be approved subject to the amended conditions -
attached hereto and marked “Attachment A”;

 

JUDGMENT CONNOR O'MEARA
Filed on behalf of the « Appel lant Solicitors
Form PEC-7 Levei 5, 370 Queen Street
BRISBANE 4000
Phone: 3221 3033
. Fax: 3221 6661

 

Page 10

 

1 _ APPLICATION DETAILS

Application No: 2006/268

Street address: 314 Cooroy Mountain Road, Cooroy Mountain
Real.property Lot 2 SP 143409

description:

Planning Scheme: The Noosa Plan

2 RELEVANT PERIOD OF APPROVAL

The relevant period for this Development Approval is identified in the Assessment Manager conditions.
3 _ ASSESSMENT MANAGER CONDITIONS ,

Land Use

1. Development undertaken in accordance with this approval must generally comply with the approved
plans of development. The approved plans are numbered SKO1 and SKO2 dated 2 August 2010and
as may be amended by these conditions.

2. The development must be undertaken and operated in a manner that causes no detrimental effect
upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting
nuisance or other emissions.

Vehicle and Truck Movements

3. All vehicles associated with the use shall travel to the site via the western end of Cooroy Mountain
Road,

5.

5A. Trucks are not to arrive at or leave the premises outside the hours of 7:00 am to 6:00pm Monday to
Friday.

58. Prior to the Council completing the staged upgrade works to Cooray Mountain Road, weekly Trucks
shall be limited as follows:

(a) 40 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but
excluding B-Doubles) per week;

(b) 20 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).

5C. After the Council has completed the staged upgrade works to Cooroy Mountain Road, weekly
Trucks shail be limited as follows:

(a} 50 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but
excluding B-Doubles} per week;

(b} 25 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).

Note: The road upgrade referred to is the upgrading of the remaining 2.2 kilometres of Cooroy
Mountain Raad to provide two (2) 3.5 metre wide traffic lanes with a 1.0 metre wide sealed shoulder
to a total formation width of 9.0 metres. It is envisaged that the upgrade works to Cooroy Mountain
road will be completed in the financial year 2012/2013.

5D, Truck drivers will comply with the requirements of the “Truck Drivers Codé of Conduct” dated 2
August 2010 which requires, amongst other things but is not limited to:

10f8

 

Page 11

 

 

vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the
footpath without any step or level difference. Should any driveways be constructed to grades that
do not comply with AS/NZS 2890.1-2004 and AS 2890.2-2002, Council wil! require that the
driveway be removed and reconstructed to levels that do comply.

10. All vehicles shal! enter and leave the site in a forward direction.
Loading Areas

11. Sealed loading and manoeuvring areas for the heavy vehicles shail be provided on site generally as
shown on drawing number SK-01, dated 2 August 2010and shail comply with the requirements of
AS 2890.2-2002 where applicable.

Car Parking

12, A-sealed car parking area shall be provided on site generally as shown on drawing number SK-01,
dated 2 August 2010 and shall comply with the requirements of AS/NZS 2890.1-2004 where
applicable.

13. A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly defined
disabled carpark space.

14. All carparking shall be kept, maintained and tine-marked in a condition fit for use.
Roadworks Contributions

16. Avcontribution of $5,960 shail be paid to the Council towards the cost of improvements to the major
road. network of Caoroy, as a result of increase traffic generation caused by the proposed
development. The contribution shall be paid to the Cauncil prior to obtaining a Development Permit.
for Operational Works. This amaunt will be subject to variations in the Consumer Price Index, All
Groups Brisbane fram December 2007 until the date of payment. :

16. A contribution of $160,975 shall be paid to the Council towards the cost of improvements to Cooroy
Mountain Road, as a result of increase traffic generation caused by the proposed development. The
contribution shall be paid to the Council prior to obtaining a Development Permit for Operational
Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane
from December 2007 untit the date of payment,

Water Quality

17. The applicant shall submit a Water Management Plan for Council approval prior to the issue of any
Operational Works Permit. The Water Management Plan shall be prepared by a suitably qualified
Environmental Engineer and certified by a Registered Professional Engineer of Queensland.
The Water Management Plan shall detai! water quantity and quality requirements of environments
receiving cunoff from the site. The Water Management Plan shall demonstrate that appropriate
treatment measures will be incorporated into the proposed use to ensure the existing water quantity
and water quality within environments receiving runoff from all aspects of the proposed use (i.e.
including but not limited to effluent, carpark runoff and any by products of industrial use occurring on
site) are maintained in accordance with The Noosa Plan and the Environmental Protection (Water)
Policy 1997.

Effluent Disposal
18. +,

18A. The design and construction of the on-site effluent disposal system and disposal area shail be in
accordance with the Conceptual Effiuent Treatment and Disposal Strategy prepared by Gilbert and
Sutherland, dated Geteber 2009, subject to the following requirements:
Rohe Be K

(i) ongoing monitoring of treatment process and disposal areas shall be undertaken to
ensure both are functioning effectively over time. They shall be undertaken generally
- as follows: .

3of8

 

Page 12

 

een ee

 

18B. The Conceptual Effluent Treatment and Disposal Strategy prepared by Gilbert and Sutherland,

19.

dated October 2009 assumes a combined bottled/bulk water production volume of 24 ML/annum,
which produces 7.2 ML/annum of waste water. If the production rate increases over 24 ML/annum,
additional settlement ponds, chernical treatment and flocculation is required in addition to those
measures specified in the Conceptual Effiuent Treatment and Disposal Strategy and condition 18A
of this approval. These additional measures are to be achieved through larger (vertical) holding
tanks and chemical dosing within the approved development footprint Erosion & Sediment
Control ,

Any person acting on this permit shall prevent erosion and sediment export fram leaving the site.
Site contro! measures such as silt fencing, controlled gravel access to the site and controlled
disposal of waste, will be necessary. In this regard plans detailing the methods of controlling
erosion and sediment are required to be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works,

Generali

20.

21.

22,

23.

24.

For the following classes of work associated with development, a Development Permit for
Operationa! Warks must be obtained prior to commencement of works relating to that class of work,
The application may combine any or all of these classes of work:-

* Access and/or Carparking.
. Roadworks,

° Stormwater Drainage.

. Frontage Works.

. Erosion & Sediment Control

A suitably qualified Registered Professional Engineer shal} prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works. in
this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Warks.

Digital detailed designs including drawings, calculations, specifications and a schedule of works,
shall be submitted with any application for a Development Permit for Operationai Works in respect
of roadworks and stormwater drainage works. The design shall be in accordance with Council's
Planning Scheme Policy PSPO5 — Engineering Design Standards — Roads, Drainage and
Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shail be shown on the plans.

To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).

As Constructed drawings and data shall be certified by a quatified experienced Civil Engineer for
design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of

all services and structures. All of which shall be submitted to Council for checking and for Council's
records.

The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in the

Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at www,.adac.corn.au),

Approval of works shail not be granted until all As Constructed information has been supplied and
accepted by Council.

Safe

Page 13

 

~ Te pe

 

1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the
provision of disabled facilities, and that access to this building and the provision of sanitary facilities
may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the
Building Code of Australia.

2. Noise from building works associated with commercial and or industrial development should comply
with the follawing ~

* Limited to between 7:00am to 6:30pm Monday to Saturday.
. All reasonable measures are taken to minimise noise emissions.
. Not permitted on Sunday or public holidays.

3. In accordance with the Environmental Protection (Water) Policy 1997, alt sand, silt, mud, paint,
cement, concrete, builder's waste or rubbish should not be permitted to enter or be placed where it *
could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse,
On the spot fines apply for such offences.

4. The applicant is informed that payment via credit card transaction will not be an acceptable method
of payment for development contributions conditioned in this permit or for infrastructure charge
notices issued separately.

Aboriginai Cultural Heritage Act 2003

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals
pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out
an activity must take all reasonable and practicable measures to ensure the activity does not harm
Aboriginal cultural heritage”. It is an offence to fail ta comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be
issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue
stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginat cultural heritage.

You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations
under the ACH Act.

5 ~ PROPERTY NOTES | . | . | a we ” Lae ee
Not applicable
"BRE

 

INARY APPROVAL OVERRIDING SC

 

Not applicable

7of8

 

Page 14

 

 

 

 

 

 

 

 

GOOROY
‘Sng Yulee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

FACTORY BELOW
LUNCH ROOM
| I ACKINSSRATION:
Ge
=

a J

OFFICE.

‘STORE. STOREROGOM OFFICE.
4 om

TELEMARKETERS
WRORASHOP

FRR HOUSE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

SCALE 1:200 [43]

Page 15

   

Cooroy Mountain Spring Water
314 Cooroy Mountain Road, Cooroy

14 Cooroy Mountain Road, Cooroy.
remove both bottled water and bulk

  
 
 
  
 

  

FBtabisne (residential dwellings. Cooray
he Loca ‘Alfjority and the Local Community to
Transport trucks in a manner which protects the

   

is prohibited in residential areas in close proximity to the site including
along Topaz Street and Cooroy Mountain Road except in the case of an emergency ie safety
requirement, . .

« All vehicles entering our site must be fully readworthy and maintained. CMSW reserve the right
to inspect any vehicle or request maintenance records for any vehicle, CIMSW reserves alt rights
to prohibit any vehicle from the site if we believe it may not be roadworthy, safe to operate or
generates excessive noise.

© Any accidents, incidents, complaints, spillages or near misses that occur are to be reported to
the CMWS General Manager as soon as passible after the occurrence.

17a

 

Seni —wet

— I tr pana eo

Page 16

 

 

 

GILBERT+SUTHERLAN

agricuiture + water - environment!

Conceptual Effluent Treatment

, and Disposal Strategy
Redevelopment of Cooroy Mountain
Spring Water bottling facility
Cooroy Mountain Road,

Mt. Cooroy, Queensland

Prepared for
Cooroy Mountain Spring Water Pty Ltd

November, 2009

Page 17

—

“SBn0rH

a7

GILBERT+SUTHERLANE,

Summary

This report describes the proposed wastewater loadings, treatment method and disposat

strategy for the redeveloped Cooroy Mountain Spring Water bottling facility, Lot 2 SP143409,
314 Coorey Mountain-Road, Mt Cooroy, Queensland.

An Effluent Disposal Report has been previously prepared for the site as part of the MCU
Development Application. This current conceptual assessment constitutes a revision of the site
effluent treatment and disposal strategy in accordance with AS/NZS 1547:2000 ‘On-site
domestic wastewater management’ and the experts agreement dated 2 September 2009, and
refers to the findings of the previous report where relevant.

In performing this assessment site physical characteristics and site soil suitability have been
reviewed.

An approved secondary wastewater treatment system will be used to manage wastewater
generated by the development. An irrigation area of 1,180m? will be required to assimilate the
proposed volume of treated wastewater. We consider there is sufficient land area on the site to
accommodate the irrigation area and an increase in area if required.

This report concludes that sustainable irrigation of treated wastewater within the site, in
accordance with the advice contained herein and applicable guidelines, is achievable.

As this is a conceptual design, a further detailed effluent treatment and disposal strategy
including MEOLI madelling will need to be prepared to support future operational works
applications for this site,

Page 18

 

  
   
  
   
    
   
     
  

O0rH

“5

ROS WOR

  
 

1) Introduction

Cooroy Mountain Springwater Pty Ltd
commissioned Gilbert & Sutherland Pty Ltd
(G&S) to prepare a Conceptual Effluent
Treatment and Disposal Strategy for Lot 2
$P143409, 314 Cooroy Mountain Road,
Cooray Queensland (‘the site’). The site
occupies a total area of 48.17 hectares and
is shown on Orawing HJ0085.1.1.

An Effluent Disposal Report was previously
prepared for the site by Global Testing Pty
Ltd in 2007",

This current assessment constitutes a
revision of the site effluent treatment and

disposal strategy in accordance with AS/NZS

1547:2000 ‘On-site domestic wastewater
management’ and the experts agreement
dated 2 September 2009.

The issues raised in the Report of Experts

Meeting September 2, 2009 relevant to this

conceptual assessment are reproduced
below.

* Anupdated effluent treatment and

disposal strategy (ET&DS) is
required for the project, to
demonstrate that adequate
treatment of wastewater from
plant and wash down, and from
staff and suitable on site disposal,

 

* Pinkney, M.S., 2007, Effluent Disposal Report -

Existing residence & proposed extensions ta existing

factory, 374 Cooray Mountain Road, Cooroy, Global
Testing , Noosaville, Queensland,

 

GILBERT+SUTHERLAND,

taking account of current plant
staffing and waste generation
figures. A conceptual ET&DS
should be completed by G&S to
support the current application, to
outline EP's ta be treated,
treatment process, and disposal
areas and locations. This work

Shouid include suitable sampling

and testing of the current waste
stream discharge, appropriate to
the relevant sources.

A further investigation of actuat
EP's being generated by the
combination of plant, wash down
and staff wastewater is to be
carried out by G&S to support the
current application, and to assess if
additional ERA ficensing is required
for the site.

In performing this assessment site physical
characteristics and soil suitability have been
reviewed.

i-1

Page 19

“L-S@00fH

Dy va

 

2) Proposed development

The proposed develapment the subject of
the MCU application consists of:

* asingle on-site residential dwelling,

* asteel framed shed complex containing
bottle wash and filling areas, storage
area, holding tanks and loading areas,

© areas of hardstand surrounding the
above shed for car parks, leading bays
and site access; and

© office wing including reception,
administration and staff amenities.

Crawing HJ0085,1.5 shows the proposed
redevelopment layout.

GILBERT+SUTHERLANG,

It is proposed that wastewater generated
by the redevelopment will be treated to a
secondary standard before being irrigated
onto an appropriate disposal area which
meets all planning requirements,

The calculation of the wastewater loadings
used in this assessment is detailed in Section
5 of this report. The anticipated wastewater
loadings from the development will be
equivalent to a 17 EP sewage treatment
system. Therefore, this proposal will not
require an ERA63 licence.

Page 20

   

Oy FID "i -SBOOTH

3) Site characteristics

3.1 Site location

The proposed development site is tocated
at 314 Cooroy Mountain Road, Mt. Cooroy,
Queensland. The site is properly described
as Lot 2 on SP143409, Parish of Tewantin,

3.2 Geology

A review of the Queensland Department of
Mines and Energy 1:100,000 Gympie Special
Sheet? geology map indicates that the
elevated sections of the site are underlain
by Tertiary Rhyolite formations while the
lower portions of the site surrounding
waterways are located over early to middle
Triassic Arenite, Argillite and Phyllite of the
Kin Kin Beds formation.

3.3 Soil classification

While no on-site soil studies have been
undertaken by Gilbert & Sutherland as part
of this assessment, the above geology is
known to give rise to a number of soil
types?

Soils based ‘on Tertiary Rhyolite formations
are generally acidic in nature ane produce
Tenosols, Sodosols and Kurosols.

Kin Kin bed derived soils tend not to be as
acidic and have been found to produce red
and yellow Chromosols and Tenosols.

A detailed soil survey and permeability
testing would be undertaken as part of the
detailed assessment at Operational Works
application stage.

3.4 Topography and drainage

Elevation at the site ranges from
approximately RL105 metres along the
central waterway to greater than RL140
metres in the steeper south-eastern and
eastern portion of the site. The slopes are

2 Queensland Department of Mines and Energy, 1999,
Gympie Special Sheet, 1:100,000 geology map,
Queensland Government, Brisbane,

4 Shields, P., 1995, Geology and Seils‘af Noosa Shire,
Noosa Shire Planning Scheme Review, Noosa Shire
Council, Tewantin, Queensland.

Tees ne ne ee sey

GILBERT+SUTHERLAND,

typically ‘very gently inclined’ (<3%} to
‘moderately inclined’ (>20%).*

Runoff from the site flows towards a small
un-named waterway flowing across the
site. This waterway flows from the south-
west corner of the site toward the narth-
east and eventually onto Lake McDonald.

A number of small dams are located on-site
which serve to provide water for grazing
stock and capture site run-off for irrigation
of landscaped areas.

3.5 Vegetation

With the exception of the relatively smali
The majarity of the site is cleared and
covered by pasture grasses for cattle
grazing purposes. The bottling facility site
was also previously cleared and planted to
pasture for this purpose. .

A significant area of mature trees and other
planted vegetation is located to the east of
the bottling facility and incorporates the
eastern drainage line, with scattered
riparian vegetation (both pre-existing and
planted) occupying the banks of the main
tributary to the west of the bottling facility
and towards the northern boundary. This
vegetation is currently mapped as regrowth
area under the Queensland Regional
Ecosystem (RE) classification,

Further dense vegetation exists on the
eastern boundary which is mapped as
dominant "Of Concern” and remnant “Not
of Concern” under the Queensland
Regional Ecosystem (RE) classification.

* McDonald, RC, Isbell, RF, Speight, JG, Walker, J and
Hopkins, MS 1990, Austratian Soff and Land Survey
Field Handbook, Australian Soil and Land Survey
Handbooks, 2nd edn, vol 1, Inkata Press, Melbourne.

3-1

Page 21

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

| GILBERT+SUTHERLAND,
\ 5) Effluent treatment data obtained from Appendix 4.20 of
system and land
: . Table 5.1.1 lists the wastewater generating
application area activities at the redeveloped site during the
{ This Conceptual Effluent Treatment and peak summer period when the facility is
Disposal Strategy was conducted using a fully staffed (48 persons).
[ combination of new data and data taken
from the previous site investigation Table 5.1.1 Proposed wastewater volumes
[ undertaken by Global Testing in 2007. Source Volume | Number | Volume
er of of waste-
The proposed treatment and application person people water
i methods to be employed on-site are based on iw (Uday)
the following guidelines and authorities: On-site 180 5 ‘900
{ « the ‘Queensland Plumbing and residence
Wastewater Code, 2006’ Dual flush | 27.5 48 7,320
{ © ASINZS 1$47:2000 ‘On-site Domestic toilet*
Wastewater Management’ § Hand a 48 384
| . Planning Guidelines for Water Supply and washing**
: awerage Kitchen 5 48 240
. ¢ Queensland Water Recycling Guidelines, Misc. 10 48 480
| 2005” TOTAL 3,324
. . oye * Assumes 11/5.5 dual flush cistern, with 7 full
Based on previous testing detailed in “
L. Section 3 of this report and the proposed fiyshand 3 halt fusbes per peren per day.
i site use, it is proposed that the most sumes 4 x ol washes per day.
effective and flexible method of irrigating . . a
treated wastewater for the site would be For the on-site residence it is assumed that
{ via surface sprinkler it will be a permanent 5 person household
. connected to a bore water supply (i.e.
| In calculating a suitable disposal area for 180L/person/day),
the predicted wastewater loadings, the site . | _ .
was assigned a conservative permeability of For the bottling facility and administration
I 0,22méday in accordance with Category 5 block, the above loadings assume a total of
soils as detailed in Table 4,2Ad of AS/NZS 50.5L/person/day. This is in line with the
{ . 1547:2000. A conservative proposed loadings for industrial use (50L per person}
irrigation area for the expected effluent from AS1547:2000, —-
[ loadings was therefore calculated , wee
incorporating the recommended design 5.2 Bottling facility wash down
irrigation rate {OIR) of 20 mm/week for a in addition t
l . 0 the above tabled wastewater
. Seay eo) thie ee aniea ea of ASINZS generation projections there is a volume of
{ . eta NH aection 5.4. water used on a weekly basis to hose down

. the internal shed floors. This is performed
5.1 Wastewater loadings on A pene

 

lL once a week using a pressure cleaner to
The following proposed wastewater conserve water and expedite the task,
loadings are based on interviews with . . .
L. Cocroy Mountain Spring Water staff and This water is currently collected in a
connected series of concrete drains
I embedded in the shed floor. it is proposed
“= that these will drain to a central
{ S 5 standards Australia/Standards New Zealand, 2000, underground sump equipped with a pump
th ASINZS 1547:2000 On-site domestic wastewater and float switch to enable the contained
7 Management, waters to be pumped to the effluent
} a 5 Department of Natural Resources & Mines, 2005, disposal system as the sump level requires.
c Planning Guidelines for Water Supply and Sewerage.
a Chapter 5 - DemandiFlow and Projections - Table A. . :
? Queensland Government, Environmental Protection Assuming that the pressure cleaner uses
Agency, 2005, WaterWise Queensland. Queensland 600L per hour and the wash down takes
Water Recycling Guidelines 2005, half an hour, it is estimated that the

5-1

 

Page 22

 

GILBERT+SUTHERLANG

DIR = = design irrigation rate in mm/week ¢ 4m from property boundaries, pedestrian
paths, footings of buildings, walkways,

Therefore: recreation areas or retaining wall
footings and the like when facated

qw = 3,367k (from Table 5.1.1) x 7 days downslope from the disposal area, or 2m

= 23,569Liweek , when upslope or level.
DIR = = 20mm/week (adopted from Global For public health reasons the disposal areas
Testing report in Section 3) must have signage in accordance with

A : .
Ai = 23,569/20 = = 1,180m? SINZS 1547:2000

5.8 Additional buffer requirement
Assuming the conservative DIR of

20mm/week determined above, a minimum Further to the above recommended setback .

of 1,180m? is required for irrigation. distances the Noosa Shire Plan Planning
Scheme Policy 24 - Effluent Disposal

Drawing number HJ0085.1.5 shows the (effective February 3, 2006) requires that all

proposed redevelopment layout and effluent disposal irrigation areas are to be

Proposed irrigation area locations. located not less than 100m from any

permanent or intermittent watercourse.

5.7 Buffer distances To this end it is proposed that the irrigation

To protect downstream environmental area for this site will be located near the
values and prevent potential human health western fot boundary to the south of the
impacts, the following setback distances access road, See Drawing No,H/0085,1.6 (at
apply for effluent irrigation areas the end of this section).

(Queensland Plumbing and Wastewater

Code (2007)*}:

Secondary treated effluent

* 6m from an in-ground rainwater tank
used as a potable water supply for
humans or animals.

* 30m from a dam, bare, well or
permanent watercourse (embankment).

* 30m from an intermittent watercourse
(embankment) or drainage channel
provided that they are nat
directly/indirectly used as a potable water
supply for humans or animals.

* 6m from the water's edge of swimming
pool when located lower than the
disposal area or 3m when higher (must
also be outside of the pool enclosure).

 

® Queensland Department of Local Government,
Planning, Sport and Recreation ‘Queensland Plumbing
and Wastewater Code’ (2007). .

=
=
€
ro]
oa
mw
'
oO
tn
ao
»
f
™
oO

 

$-3

Page 23

an

 

a

200714

ci
ot
iw]
ye

 

6) System maintenance

6.1 Disinfection

Where effluent is irrigated across the
ground surface, disinfection is considered
necessary and may include chlorine
addition or the use of UV, Ozone or
membrane technology.

6.2 Unit maintenance

To reduce any risk associated with the
Operation of aerobic treatment plants, they
must be maintained regularly by a
registered service agent so that the
discharge criteria for the reclaimed effluent
are satisfied at all times. This maintenance
must be carried out in accordance with the
requirements of the manufacturer and to
the satisfaction of Council.

As part of the quarterly service, sludge and
scum levels should be monitored.

Anaerobic chambers should be desludged
by an approved contractor, as required.

GILBERT+SUTHERLANG,

6.3 Maintaining the land
application area

The {and owner or occupier is responsible for
the maintenance of the tand application’
area and should ensure ponding and runoff
from the area does not occur.

The irrigation area requires regular
harvesting (mowing/pruning} and removal
of clippings to ensure that nutrients are
removed from the system and to promote
continued growth, nutrient assimilation
and water uptake. A high level of ground
cover must be maintained at all times to
minimise potential erosion.

The land application area must be inspected
regularly to assess its physical condition. The
most obvious signs of system failure would
be odour or surface ponding of water. Any
irrigation area rectification work is to be
performed by a licensed drainer.

6-1

Page 24

IgE ogy L-sgacre

8) Limitations of reporting

Gilbert & Sutherland Pty Ltd has attempted
to be accurate providing this information.
The interpretation of scientific data,
however, involves professional judgement.
As such, interpretation is open to error.

{In recagnising the potential for errors in
scientific interpretation, Gilbert &
Sutherland Pty Ltd does not guarantee that
the information is totally accurate or
complete and clients are advised not to rely
solely on this information when making
commercial decisions. Any representation,
statement, opinion or advice, expressed or
implied is made in good faith and on the
basis that the authors, Gilbert & Sutherland

GILBERT+SUTHERLAND,

Pty Ltd, their agents or employees are not
liable (whether by reason of lack of care or
otherwise) to any person for any damage or
loss whatsoever which has occurred or may
occur in relation to that person taking or
not taking (as the case may be) action in
respect of any representation, statement or
advice referred to above.

Furthermore, this information should not
be relied upon by any other persons than
the client for whom this information was
compiled. This information reflects the
specific brief and the budget of the client
concerned, who enjoys an individual
tolerance of risk.

Page 25

a

John Harding, John Forth, Adrienne Forth, Joan Alexander, lan Bennett and Peter Moon -v-
Sunshine Coast Regional Council and Cooroy Mountain Spring Water Pty Limited

Planning and Environment Court Appeals No D314 and D318 of 2008

Report of Experts Meeting on water quality issues, held at Gilbert & Sutherland's Kawana office on 2
September 2009, attended by Neil Collins of Gilbert & Sutherland (representing Coorey Mountain .
Spring Water Pty Limited) and Ben Starr of 02 Environmental (representing John Harding and ORS)

STATEMENT TO COURT

We, the undersigned, hereby acknowledge that we have been instructed on an expert's duty to assist
the Court and that, that duty overrides any obligation we may have to any party to the proceedings or to
any person who is liable for our fees or expenses.

We furthermore state that no instructions were given or accepted to adopt or reject any particular
apinion in preparing this report.

The application the subject of the appeal is against an approval by the Sunshine Coast Regional
Council for a development permit for Material Change of Use (Resource Based Spring Water Bottling
Plant). This approval is subject to conditions. A subsequent operational works application is required
for the proposal.

The notified issue in dispute dealt with in this expert's agreement are numbers 14, 16, 17, 35, 36, 37 &
38 from the Notice of Appeal filed by P&E Law on 1 2 December 2008.

POINTS OF AGREEMENT

4. Asite based stormwater management plan (SBSWMP) is required for the proposed
development, to adequately control runoff from roadways, car parking areas and roofs.

2. A conceptual SBSWMP should be completed by G&S to support the current application, to
outline the intended stormwater management strategy for the site, and to provide an indication
of what treatments are required and where they are to be sited, and to demonstrate code and
overlay compliance. :

3, An updated effluent treatment and disposal strategy (ET&DS) is required for the project, to
demonstrate that adequate treatment of wastewater from plant and wash down, and from staff
and suitable on site disposal, taking account of current plant staffing and waste generation
figures. A conceptual ET&DS should be completed by G&S to support the current application,
to outline E.P.'s to be treated, treatment process, and disposal areas and locations. This work
should include suitable sampling and testing of the current waste stream discharge, appropriate
to the relevant sources.

4, Further information is required to support the current application to demonstrate that
development in the riparian buffer zone will not result in unacceptable impacts to bank stability,
water filtering function of riparian zone, or degradation of aquatic or terrestrial habitat. To
ensure that impacts are minimised, the site based stormwater management plan (SBSWMP)
should ensure that drainage of runoff from the car parks is to appropriate treatment devices
before release of Stormwater to the waterways.

5. As part of the SBSWMP, supplementary revegetation planting of the waterways and drainage
features of the site are to be carried out including, if necessary, riparian buffer planting adjacent -
to the existing shed and hardstand area.

6. A further investigation of actual ep's being generated by the combination of plant, wash down
and staff wastewater is to be carried out by G&S to support the current application, and-to
assess if additional ERA licensing is required for the site. :

Page 26

10.

A detailed SBSWMP including MUSIC modeling is required to support subsequent operational
works applications for the site, and this will be based on civil design details. Objectives SEQ
Regional Plan Implementation Guideline No.7 for Water Sensitive Urban Design.

A detailed effiuent treatment and disposal strategy including MEDLI modelling is required to be
Prepared to support subsequent operational works applications for the site.

A detailed plant waste stream collection, testing and neutralization Strategy is required to be
prepared fo support subsequent Operational works applications for the site. This Strategy .
should include the provision of adequately sized holding/neutralization tanks on each waste
stream including the Home Office delivery line and Retail line. A minimum of 7 days holding
capacity shall be provided. Testing is to be carried out for quality compliance on a monthly
basis. Parameters tested shall include nutrients, Cl, PH, faecal coliforms, COD. Off-site
disposal is required if tank quality requirements cannot be met. Targets are to comply with
WQ0O's for catchment.

Awash down strategy with low water usage/high pressure cleaning and associated evaporation
strategy shall be prepared to support subsequent Operational Works applications for the site.
Any runoff from this system shall be discharged to the effluent treatment system.

e POINTS OF DISAGREEMENT

There are no points of disagreement.

Signed:

Neil Collins Ben Starr
BEngCii), MEngSc, CPEng, MiEAuat, RPEQ BSc, Oip PM, CPESC

2-7. °F. A”. 7. 09