Submission regarding public notification process Julia Walkden MCU12/0184

Subject: rt BCS 1192 MCU12/0184 Notice of Submission 
From: [email protected]
Date: 2013-10-23T10:09:45+00:00
To: Internet Mailbox Sunshine Coast Regional Council

Notice of Submission under the Sustainable Planning Act 2009 Submission
23-Oct-13 08:09 PM

Application Details
1. Application no: 
MCU 12/0184&ERA12/0087 

2. Postal address of Land (as advertised): 
136 Top Forestry Road 

3. Nature of proposed development: 
Intensive Chicken Meat Farm 

Principal Submitter Details
4. Full name of submitter: 
Julia Walkden 

5. Postal address: 
423 Old Ceylon Road 

6. Suburb: 
Cooroy 

7. State: 
Qld 

8. Postcode: 
4563 



Additional submitters

9. Full name of submitter: 
Julia Walkden 

Details of Submission
10. I (We) make the following submission: 
My submission regarding the Applicant's lack of compliance with the public notification process is attached. This was also sent on the 8th of October, but appears not to have been received. 23 October 2013 Attention: Kerri Coyle, Planning Officer Dear Ms Coyle, Re: Development Application for Material Change of Use? (Animal Husbandry Type 2) - Poultry Farm Development Permit for Material Change of Use of Premises for an Environmentally Relevant Activity (ERA 4 - Poultry Farming) Application no: MCU 12/0184 & ERA12/0087? I am writing to express my concerns about the Applicant’s lack of compliance with the public notification process. The Queensland Government, Department of Environment and Heritage Protection website (Development application process/Identify if public notification is required) states that: To satisfy the requirements of the legislation (SPAct), public notification must include: • a notice published in a newspaper circulating in the locality of the subject land. It is recommended that the newspaper selected is relevant to the application in terms of its distribution and target audience • a notice placed on the subject land • a notice given to the owners of all land adjoining the subject land. 1. A notice was published in the Sunshine Coast Daily (a paid publication), on 14 May 2013, showing the comment period as 14 May to 4 June (see Notice of Compliance). Comment: The Sunshine Coast Daily is not a newspaper that 'circulates generally in the locality of the land' and is certainly not ‘relevant to the application in terms of its distribution and target audience’. Proposed Development Notices relating to the Cooroy area are usually placed in the Noosa News, which is a free publication, delivered to all homes in town, and widely read in the surrounding area. Notices often also appear in the bi-monthly Cooroy Rag (also a free newspaper). 2. The Guide on public notification, published by the Department of Local Government and Planning (effective 1 March 2012) states that the Applicant must:? Place a notice on the land that is the subject of the application in the way prescribed under the Sustainable Planning Regulation 2009 (SPR) for all of the notification period. The notice must be maintained from the day it is placed on the land until the end of the notification period. Comment: A notice was placed somewhere on the subject land and photographed (see Notice of Compliance), but was evidently removed shortly afterward. Several landowners who pass the property on a daily basis, including the period from 15 May to 4 June have signed statements saying they saw no signs on the property at any time. 3. On 14 May 2013 notices were sent to three adjoining landowners by registered mail. Comment: These notices did not comply with the recommended format. As well, three landowners adjoining the Applicant’s property along Top Forestry Road did not receive a notice. Surely, in the spirit of notifying adjoining landowners, these people should have been included in the notification process, since they will certainly be among the worst affected. Also, in the development application the MCU is described as Animal Husbandry Type 2 - Poultry farming, but on the notices the Poultry Farming has been omitted. It appears that none of the requirements of the Sustainable Planning Act regarding public notification have been satisfied. In fact, it seems that the Applicant has gone out of his way to keep details of what he intended to build on his land from his neighbours, and the district’s residents and general public, so that people could not submit properly made submissions and hence have no right of appeal in the Planning and Environment Court. I would certainly have learned about the proposal in time to submit a ‘properly made’ submission to Council, if the public notification process had been complied with as required by the Act. Since I live only 2 km from 136 Top Forestry Road, and will be adversely affect by the increased traffic, noise, dust and odour. I am extremely upset that I have been denied my right to lodge an appeal in the Planning and Environment Court against this incredibly inappropriate development. I hereby request that you restart the Notification Process, so that all interested parties can submit properly made submissions. Alternatively, at the very least, this submission and other existing submissions should be categorised as having been properly made. Sincerely, Julia Walkden 423 Old Ceylon Road Cooroy, QLD 4563 

11. You can upload a maximum of two supporting documents: 


*	non_compliance_submission.docx <http://cms.sunshinecoast.qld.gov.au/admin/surveys/dlfile.cfm?sv=337&fname=non%5Fcompliance%5Fsubmission%2Edocx>  108KB


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