Concurrence Agency Response MCU13/0171

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 Aspects of development and type of approval being sought

   Nature of                  Approval                 Brief Description of Proposal         Level of
   Development                Type                                                           Assessment
   Material                   Development              Industrial Business (type 2 -         Impact
   Change of                  permit                   Production, Alteration, Repackaging   Assessment
   Use                                                 and Repairing) to establish the
                                                       Wimmers Soft Drink Factory within
                                                       an existing building.


 Referral triggers
 The development application was referred to the department under the following
 provisions of the Sustainable Planning Regulation 2009:
 Referral trigger         Schedule 7, Table 3, Item 12 – Regional plans

                                     Schedule 7, Table 3, Item 2 – Development impacting state
                                     transport infrastructure

                                     Schedule 7, Table 2, Item 23 – Contaminated land



Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.

The conditions attached relate to development impacting state transport infrastructure, the
South East Queensland Regional Plan 2009-2031 State planning regulatory provisions and
contaminated land.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required
to set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice
about the application to the assessment manager—see Attachment 3.

A copy of this response has been sent to the applicant for their information.

If you require any further information, please contact Ryan Longland, Senior Planning
Officer, on 5459 8294 who will be pleased to assist.


Yours sincerely




 Department of State Development, Infrastructure and Planning                                  Page2

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                                                                                    SDA-0913-004674




[Garth Nolan
Manager (Planning)

cc: Cooroy Property Trust c/ADAMS+SPARKES, Department of Transport and Main roads, Department of
Environment and Heritage Protection
       enc: Attachment 1—Conditions to be imposed
                Attachment 2—Reasons for decision to impose conditions
                Attachment 3—Further advice




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Our reference: SDA-0913-004674
Your reference: 130814

 Attachment 1—Conditions to be imposed
 No.         Conditions                                                   Condition timing
 Development Permit for Material Change of Use of Premises
 Schedule 7, Table 3, Item 12 – Regional plans

 And:

 Schedule 7, Table 3, Item 2 – Development impacting state transport Infrastructure,
 Department of Transport and Main Roads
   1.    Development must be carried out generally in accordance       Prior to the
         with the following plan/s and report/s, except as modified    commencement
         by these concurrence agency conditions:                       of use and to be
         Planning Report: Development Application for Material         maintained at all
         Change of Use for an Industrial Business (type 2) to          times.
         Establish a Soft Drink Factory within an Existing Building:
         at 271 Lake Macdonald Drive, Lake Macdonald QLD 4563,
         Lot 2 on SP108094 Prepared for: Noosa Beverages Pty
         Ltd, By: Adam + Sparkes Town Planning + Development,
         dated: September 2013 revision B
 Development Permit for Material Change of Use of Premises
 Schedule 7, Table 2, Item 23 – Contaminated Land, Department of Environment and
 heritage Protection
   2.    If during any site earthworks or excavation, offensive or     Ongoing
         noxious odours and/or evidence of gross contamination
         are observed, site works are to cease in that area and
         immediate action taken to abate the risk or environmental
         harm caused by the contamination. The administering
         authority is to be notified of the observation of any
         offensive or noxious odours and/or evidence of gross
         contamination not previously deterred, in writing, and with
         two (2) days.

             Any investigation or remediation works must be planned
             and supervised by a person who meets the requirements
             of s564 of the Environmental Protection Act (EP Act)
             1994. Upon completion of any remediation works, a
             validation report, completed in accordance with the
             National Environmental Protection Measures 1999 as
             amended (NEPM), must be provided to the administering
             authority. The validation report must conclude that the
             site is suitable for the intended use and, if appropriate,
             be accompanied by a draft site management plan for
             consideration by the administering authority under the EP
             Act.




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Our reference: SDA-0913-004674
Your reference: 130814
 Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:

   #           The conditions described in attachment 1 have been applied to the
               development approval in order to ensure that the development achieves
               the applicable performance outcomes within the State Development
               Assessment Provisions (SDAP), Modules 12, 17, 18 and 19 and the South
               East Queensland Regional Plan 2009-2031 State planning regulatory
               provisions (SEQ SPRP).

         Condition 1
   #        The assessment of transport impacts was undertaken on the basis of the
            cited plans and reports which detail how the proposed development will be
            carried out.
   #        The assessment against the SEQ SPRP was undertaken on the basis of the
            cited plans and reports which detail how the proposed development will be
            carried out.

         Condition 2
   #        The site is listed on the Environment Management Register (EMR) and a
            comprehensive assessment of the sites contamination has not taken place.


Findings on material questions of fact

         Condition 1
   #        The assessment of transport impacts was undertaken on the basis of the
            cited plans and reports which detail how the proposed development will be
            carried out
   #        The proposal has been assessed against the relevant criteria in Table 2E
            of the SEQ SPRP. The proposal is deemed to have locational requirements
            that necessitate its location outside of the urban footprint, and that there is
            an overriding need for the development in the public interest.

         Condition 2
   #        The site is listed on the EMR for a notifiable activity in relation to the
            previous operation of the brick factory.
   #        The storage tanks are located away from the facility and not affected by the
            new proposal.
   #        No additional earthworks or excavation are proposed

Evidence or other material on which the findings were based

Condition 1
   #       State Development Assessment Provisions
   #       Transport Infrastructure Act 1994
   #       Environmental Protection Act 1994
   #       Sustainable Planning Act 2009
   #       Sustainable Planning Regulation 2009



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  #         South East Queensland Regional Plan 2009-2031 State planning regulatory
            provisions
  #         Development Application, submitted by Noosa Beverages Pty Ltd C/- Adam
            +
        Sparkes Town Planning + Development, including the following material:
        Planning Report: Development Application for Material Change of Use for an
        Industrial Business (type 2) to Establish a Soft Drink Factory within an
        Existing Building: at 271 Lake Macdonald Drive, Lake Macdonald QLD 4563,
        Lot 2 on SP108094 Prepared for: Noosa Beverages Pty Ltd, By: Adam +
        Sparkes Town Planning + Development, dated: September 2013 revision B

        Condition 2
  #        Environmental Management Register
  #        Adams + Sparkes Town Planning Report, September 2013, Reference
           Number: 130814 Robinson Architects Drawing – 06 September 2013- DA-01
  #        Environmental Protection Act 1994
  #        SDAP Module 12 and State Code Assessment prepared by Adams +
           Sparkes Town Planning – Appendix IX of Planning Report.
  #        Sustainable Planning Act 2009
  #        Sustainable Planning Regulation 2009




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Attachment 3—Further advice
General advice
   1. Any B-Double heavy vehicle movement associated with development on the
        site must only use routes approved under the Transport Operations (Road
        Use Management) Act 1995 for use by B-Doubles. Lake Macdonald Drive is
        currently the only approved route for use by B-Double vehicles.




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