MCU12/0012 Notice of submission Juliet Peters

Subject: BCS1192 APPLICATION NUMBER MCU12/0012 298 Tablelands rd Cooran
From: Juliet Peters
Date: 2012-03-19T03:41:35+00:00
To: Internet Mailbox Sunshine Coast Regional Council

APPLICATION NUMBER MCU12/0012 298 Tablelands rd Cooran

Submission by Juliet Peters, 100 Tablelands Rd, Cooran, 07 5485 2158

 

I object to this development for the following reasons:

 

1  COUNCIL CANNOT ENSURE THAT ALL LAWS THAT EXIST WITHIN THE AREA OF PROPOSED USE WILL BE UPHELD AT ALL TIMES

 

This development cannot be conducted lawfully within the laws made by other government departments because the proposed use runs through National Park where there are laws that ensure wildlife can live in its natural habitat.   Animals have sensitive hearing to hear their prey.  Loud noise is likely to create stress to wildlife as it is experiencing something that is unnatural and impacts on its ability to survive.  Council must ensure its own laws, and those made by other lawmakers, must be upheld.  This development application contravenes other laws that protect wildlife and fauna.   Council will not be providing staff to ensure those laws are upheld so it is common sense that without such supervision it is impossible that wildlife will not be adversely effected by noise and impact of heavy vehicles.  In order to assure the public that riders of quadbikes will drive quietly and so slowly as to avoid hitting wildlife, it would need independent supervision which ratepayers would not consider appropriate use of funds.   It is likely that this business would contravene laws made by other government departments in the interest of the public.  We want to respect the wellbeing of wildlife.  Death and destruction of beauty is not want the majority of Australians want.  We want respect and to feel safe.  Therefore we also want to treat others as we want to be treated.  If we were not the dominant species we would want respect for our species.  We want fun but not at the expense of death or destruction to our environment and fellow Australians.  Civilised societies are based on treating others as we want to be treated.  Abuse in all its forms is no fun when one is the victim.  All laws are there to protect the victims of abuse.  Even if some people do not see the consequences of their actions as being abuse.  Abuse is the consequence of actions.  We all understand we don’t want to be hurt by others and we want peace in our homes and to feel safe on our roads.    Tableland Rd is used by others like cyclists and horse riders and a bunch of quadbikers on those roads will cause a feeling of danger.   A feeling of danger because there is danger.  Adrenalin rush fun has no place where there is a possibility of harming others on those roads.  Therefore public roads are not suitable.   This Council cannot assure the public they are safe sharing Tablelands Rd with quadbikers.   Roads are for the convenience and hobbies of all people who must all ensure they use those public facilities with regard to not impacting on the wellbeing of other users.   There will be people riding quadbikers who may never have ridden one before and have no idea how to steer a quadbike on uneven ground or wet and boggy ground, for example.  Therefore other users of Tableland Road will feel unsafe because they are unsafe.  A quadbike rider out of control could kill or seriously injur another user of that road.   The question one must ask is if that injured person could be a member or your family does it matter.  Of course it matters.  There are plenty of business opportunities that can take place in a beautiful location, as long as that location remains safe, beautiful and peaceful.  One business can kill the possibility of other tourism ventures if it impacts negatively on the beauty of that environment.  Cycling, electric bikes and horseriding on Tablelands Rd mean everyone is enjoying the beauty of the environment.  Not just a few wanting an adrenalin rush who create an environment no-one wants to live in or holiday in because danger is unpleasant to witness and noise is unpleasant to experience.

 


2.  THE BUSINESS CONTRAVENES THE REGULATIONS CONTAINED WITHIN THE NOOSA PLAN

A) This development application cannot be considered in its current form because it is applying for a “home business”.  The number of people involved with this business is clearly more then just a few people.  This development application is commercial in size.

“No more than 6 persons associated with the business are present on the premise at any one time (this includes any residents living on the premises and directly associated with the business”

 

B)“Home-based business means the conduct of a business from a dwelling unit where residents

operate the business and the use is secondary to the residential use of the premise”

This quadbike business is not secondary to the residential use of the premises.

C) “Extent of use and residential amenity

O53 The Home-based business does not interfere with the amenity of the neighbourhood

from the operation of machinery or electrical equipment, dust, waste water, waste products, electrical interference, traffic generation or otherwise9”;

This business would interfere with the amenity of the neighbourhood from the operation of the Quadbikes.  The noise would create a lower standard of living to neighbours.  It is likely to cause daily stress to neighbours which is abusive.  Hurting neighbours by creating unpleasant noise in their homes is  not supported by laws that govern our country for good reason.  If we would not like to suffer stress because we are hurt by the conduct of others, where we can do nothing to protect ourselves from that abuse means we support laws that protect us and ensure we conduct ourselves in a manner that doesn’t have adverse effect on other families.

D) S53.2 Noise from the business is not audible beyond the site boundaries;

 

The business will be audible beyond the site boundaries.  The noise of quadbikes will not cease at the boundary.   To approve this development the Council officer in charge will need to stand at the boundary and see if he can hear the quadbikes.  It isn’t necessary because the size of this lot means the bikes will be heard at the boundary.

 

3.  OWNERSHIP OF THE ROADS ON WHICH THE QUADBIKE TOURS WILL OPERATE

 

As I understand, the roads through this national park are a designated “lot” owned by Forest Reserve under Nature Conservation Act and this Council CANNOT APPROVE THE USE OF THE ROADS, as it is not under its jurisdiction.  The permission would need to be sort through other government departments and Councils.  This application cannot be approved for use, where the roads on which the use will take place do not come under the Sunshine Coast Council.  This Council is limited to only being able to approve the part of the DA application which involved the land that comes under its jurisdiction, and as such cannot be approved.  Council cannot approve only parts of a DA application.  If the permission is being sought for use of land under which it cannot approve such permission, then the application must be refused until all such permissions are sought and given.  Otherwise it would give the applicant the wrong assumption that the use has been granted IN FULL.  Council must ensure ALL laws at all levels of government are adhered to before it can grant any permission within its own jurisdiction.  Both laws governing the use of National Parks, and activity that will effect those areas and the ownership of the road through the National Park both come under laws that this Council cannot approve as it is outside its jurisdiction.  Most importantly the laws that protect wildlife in National Parks to ensure they live a natural life.  Noise pollution will effect the ability of wildlife to hear prey and will likely cause stress because the noise will be unrecognisable to them and therefore they will be unable to determine the threat.  Also the noise will be at such high levels that it will be unpleasant to the nervous system just as noise pollution is unpleasant to us.   To consider that something as unnatural as loud noise of engines would not effect the wellbeing of nature would be lacking in common sense.  Wildlife, and humans, need sensitive hearing to watch out for snakes for example.  Therefore loud noise is unpleasantly loud as we have not adapted, and will never adapt, to loud noise.  It will have an effect on us where we feel abused because we are constantly experiencing something unpleasant.  This causes stress.  Stress causes ill health.  Causing ill health to others is abuse.  We all want to be protected from abuse and most people want wildlife to be protected from abuse.  The laws made are in the public interest.  This Council must ensure it does not make a determination that ignors those laws and the intent of those laws.