MCU12/0012 Notice of submission Layla Fowler (email copy of original) NPM

Subject: BCS 1192 MCU12/0012 Notice of submission Quad Bike Tours
From: Moving Along
Date: 2012-03-15T06:50:42+00:00
To: Internet Mailbox Sunshine Coast Regional Council

Attention To:
Marcus Brennan
Development Planner 
Sunshine Coast Regional Council


Dear Sir

I, Layla Fowler of 382 Tablelands Road, Cooran, 4569 am writing to formalise my objection to the Development Application set out in MCU12/2012 for a Material Change of Use - Business Class 3 for 298 Tablelands Rd Cooran.

The reasons for the objection to the proposed development application are set out below and address the various points contained within the application:

MATERIAL CHANGE OF USE IDAS FORM 5
Council states in the Acknowledgement Notice that "Council acknowledges receipt of your application, which was properly made on 6/02/2012"

1. However, IDAS Form 5 states that "You MUST complete ALL questions unless the form indicates otherwise. Incomplete forms or forms without all necessary information and documentation will result in your application not being a properly made application."
As can be seen in the Form 5, the applicant has not completed Questions 4 and 5 of this form which are a requirement, therefore it is to my understanding that the application is not a properly made application.

2. Noosa Plan HBB3 requirements regarding the Application and MCU, note that a home based business can only occupy 300 sq m of land and have no more than 6 people. This business is applying for 10 customers plus 3 staff. That is 7 more people than permitted under a home based business. Therefore this application does not meet requirements for a MCU Home Based Business Class 3 under the Noosa Plan.

Notification of Material Change of Use:
Furthermore, the applicant has to directly inform those residents with a common boundary.  In this case I believe there are 4 of them. However, there are no references made in the application that the 4 adjoining property owners have been notified. If they have not been adequately informed, then the MCU will need to be re-advertised. 

The residents directly opposite the National Park entrance where the 12 quad bikes will be entering, I being one of them,  were never notified of the development proposal until the advertising appeared on the gate of the applicant's property.  However the applicant informed me on the 14th March he had spoken and got verbal agreement and in some cases signatures of other residences further away from the entrance to the National Park.

1. Proposal
1. "The tours are aimed at educating and increasing awareness of the natural fauna and flora of this special area."
The applicant does not state in what capacity he is able to provide an education and increasing awareness of the fauna and flora of the tour area. There is no mention of certification or qualifications to support his educational aims. Nor does he explain in what way he will aim to educate and raise awareness of the environment.  There is no evidence that the applicant holds a tourism certification to conduct tours. Therefore on what supporting evidence is the proposed material change of use to be issued in regards to this point?

2. Location
298 Tablelands Rd is situated approximately 500 metres away from the entry of the Woondum National Park. The property location is also within normal hearing of persons residing on properties over 1000 metres away due to the sloping terrain of the area. The noise of the riders demonstrating the riding capabilities of the quad bikes on the property, and in some cases simultaneously, will be a noise pollution for residents, horse riders and trail bush walkers. 

3. Mary River Catchment
1. "The property is within the Mary River Catchment area. The relevant criteria of Waste Management, Pollution, Stormwater run off, Soil Erosion and Fire Prevention and are each detailed herein. Our proposal will have no negative impact to the catchment area."
The details mentioned in this point as will be seen in this submission below are not sufficient to base due consideration of this development application for a material change of use.

4. Transport and Vehicle traffic.
1. "We shall advertise and promote the tours with a courtesy free mini bus service. This service will provide door to door collection and drop off."
The applicant does not mention the areas that his courtesy free mini bus will service in his application, but verbally noted that riders from areas such as Gympie will most probably come by private car as there are no bus facilities to Cooran from Gympie. Also the train timetables indicate train services to and from Cooran north and south are intermittent and occur only during limited periods in the day and night.  It is not unreasonable to foresee an increase of traffic to the applicant's property and along Tablelands Road which will increase erosion and increase the frequency and cost of maintenance of Tablelands Road.  

2. This will also dramatically increase the risk factor of accidents along this narrow, undulating, rocky and sweeping road as the tours will be operating twice daily, 7 times a week. With this in mind it is astonishing that our local police department have issued conditional registration for the volume and number of the quad bikes and tours along Tablelands Road proposed in this application. Furthermore, despite the dangerous road conditions along Tablelands Road, the policeman states in his letter/permit that he has "no concerns for the safety of your clients or other general road users, traversing Tablelands road and Hill road, should you adhere to the Road Rules and other regulations."

With this increase risk to safety on Tablelands Road to and from the applicant's property and the National Park, on what grounds can the material change of use be issued? Quad Bikes are the highest cause of fatalities on farms. How will the council approve such a material change of use based on the recent report by Australian Centre for Agricultural Health and Safety (ACAHS) which states "Quad bikes are the leading cause of farm accidents" http://www.workcoverqld.com.au/news/2012/quad-bikes-are-the-leading-cause-of-farm-accidents WORKCOVER QLD


5. Driveway and Parking
Parking is proposed at the main entry to the property where the applicant currently resides as well as near the shed down the second driveway of the property. The main entry is situated on the side of a hill, and as neighbouring residents, there are concerns for the use of this narrow and high set parking facilities being an unsafe option for parking.  Other neighbours have also expressed verbally their concern for parking of vehicles since the provisions are limited.  Access of vehicles into and out of the property along both driveways will also cause an impact on traffic on Tablelands Road. Visually, for those already on the road, it will be difficult to see the vehicles leaving and entering due to the curves in the road and the narrow conditions of the road.

6: Noise
The applicant has in my opinion and in my discussion with motor bike mechanic incorrectly stated that:

1. "With the location and thick vegetation no one outside of the property should be able to hear any noise"
The noise impact of 12 bikes preparing for the tour as well as demonstrating their bike riding capabilities will have a severe impact on the noise levels, since we have on many occasions being able to hear people speaking, music playing as well as the ongoing chainsaw activities since works started on building the structures located in the trough / valley of 298 Tablelands Rd property
The noise impact of the operation of the bike tours travelling up Tablelands Road and entering the National Park will again directly impact heavily upon the residences directly opposite the National Park as well as those residences and properties along the route to the National Park.

2. "The Quad bikes to be used are of the latest technology designed to be as quite as possible. These bikes are not performance machines and are usually used for farming or hunting, both of which require minimal noise output and as such have been designed to be the lowest of all emissions."
There are no details provided about the Make and/or Model of the bikes mentioned in this point to ascertain, qualify or quantify this claim made by the applicant. Even the quietest quad bike is still noisy. Therefore this statement by the applicant is irrelevant since the source and proof of information is not provided. 

3. "As our noise levels will be controlled, there will be no further impact to noise on the route of our tours."
From my discussions with bike mechanics it will be difficult to govern the throttle of these bikes without impacting on their ability to make the climb from the trough of 298 Tablelands Road where they will be stationed up to Tablelands Road and then further up the hill to the National Park entrance. Furthermore the National Park has steep undulations which will require a fuller increase in throttle for the bikes to climb the slopes and for the bikes to be ridden safely on the descents on the park road and on Tablelands Rd.  This requirement by the applicant to have the 12 quad bikes leave the proposed property, traverse up and down Tablelands Road and ride through the National Park main road will have a greater noise impact on the neighbouring residence as well as the wildlife. It is unheard of to make a claim, as the applicant has made, that "there will be no further impact to noise on the route of tours"

4. "It should be noted that the four-wheel drive track and Tablelands Road is presently frequented by trial bikes generating far more noise than Quad Bikes."
This is a misleading comment which is only the opinion of the applicant and has not been verified or qualified.  Since the transition of Woondum State Forest to Woondum National Park the frequency of trail bike riders has reduced considerably and given back much more tranquillity and peace to the area. The operation of 12 Quad bikes traversing Tablelands road 4 times 7 days a week will be much more noise and more frequent than the current conditions. 

There are many statements made by the applicant on the item of Noise that are based on opinions rather than facts and details. In a recent discussion with the applicant, he informed me that the 12 Quad Bikes altogether would make less noise than 1 car travelling up the road. Once again the applicant has made a comment based on opinion rather than facts and one that is difficult to fathom.

The noise impact upon us will be great and it will be a negative and heavy impact upon our ability to enjoy our residence and the surrounding environment which is currently protected. It will impact on our right to peace and tranquillity of the area.

7. Waste Management and Pollution
1. " All servicing and oil changes will take place off the property at a service centre."
There are genuine concerns as to the servicing of the vehicles off site as no mention has been made of who will be the servicing agent or servicing centre within the application or verbally by the applicant.  Therefore in my opinion, this item has not been correctly addressed in the application since no mention of clear servicing details has been provided.

2. " All refuelling of the quad bikes will be undertaken over a spillage control tray. Refuelling will only take place when no guests are on site and by a trained member of staff, adhering to strict refuelling policy." 
The applicant has not specified or qualified the policy of refuelling. Is this policy that of his own business policy, or EPA guidelines, Council policy?
There is also no reference made to how much fuel will be stored on the property and if it will be bunded.  Incorrect and improper storage of fuel dramatically increase the serious fire risk for neighbouring residences; endangering lives and the environment especially since the property is located deep in the valley. 

8. There is no point 8 in the application.

9. Sewer and Water
1. "As an initial service we propose to rent an on site portable events toilet. These are chemical pump out systems serviced in the rental on a weekly basis and pumped out as required."
The applicant has made notes within the application that disabled parking would be available however there is no mention of the provision of disabled portable toilets on the property to facilitate the needs of those that are disabled for the period of the first 6 months.

2. Access by portable toilet hire companies will also be difficult as the road to designated area, especially in the case of heavy rains where the road down into the property is undermined or washed away access will be made even more difficult. There is no mention of OHS issues such as these where the facilities within the initial time frame may not be serviceable.  

3. Also the initial time frame of 6 months is only 'expected' and may be much longer as approval of a composting or similar approved toilet system is dependent on many factors. Therefore the provisions of sanity seem to be unclear and OHS issues on sanity have not been properly addressed in this application.

9: Soil Erosion and Stormwater
1. "All existing driveways and tracks have been maintained to ensure correct drainage of storm water. The driveways have been compacted with road base incorporating correct drainage."
The road base on driveways does not withstand heavy flash flooding as recently witnessed in the local area especially in Cooran. Tarred roads did not withstand the flash flooding either.  Despite the correct drainage flash flooding does cause erosion and will impact on the safe usability of the proposed driveway especially since the driveway steeply winds down into the trough of the property where the bikes will be stationed and from which tour will commence and where users cars will be parked during the touring period.

2. "This gully also receives direct run off from Tablelands Rd. The proposed Quad bike tours will have no impact in this regard."
This statement by the applicant does not have any supportive information to ensure the there will be no impact. 
  
The Quad Bikes have 4 wheels and with 12 bikes travelling to and from the property, 2 times a day, 7 days a week, this will have an impact upon what is already a rough and narrow road that is full of corrugations due to the heavy and constant rainfall in the area. The rainwater run off along Tablelands road is quite heavy and it erodes the sides of the road causing the road to narrow. With the heavy use of such bikes on such an unsafe road it would be more true to say that there will be a more rapid erosion of the road than what we currently experience with the existing traffic conditions.  Also the allowance of parking on the road into the applicant's property will also suffer more erosion due to increase use of motor vehicles entering and leaving the property twice daily and 7 days a week.

With no proper identification of risk assessment and management provided in terms of parking, then we can assume the risks have not been duly considered.

10. Fire Prevention and Control
1. There is no fire evacuation plan or procedures included in the application to support the statements made in this application.  
As far as I can see the briefing and bikes location in the trough of the property means the operation of such a business will have a greater risk of entrapment in case of fire than a property with clear, straight and levelled access to exit points. Also See item 7. regarding Fuel Storage as an increased fire risk.

11. Signage
No mention has been made to fire evacuation procedure signage, Business name registration signage, toilet facilities signage, disabled toilet signage, drinking water signage, and no drinking from dam signage.

12. Safety from Crime and Insurance
1. No provision of a proper risk assessment and management has been outlined for these tours nor provided in this application for any stage of the tours. For example in case of injuries, accidents, disputes, collisions, flipping, fatalities, fire, flooding, landslide, contamination...etc

2. No provision for Workcover QLD Insurance for employees of business.

3. In regards to safety, this is a serious matter for neighbouring residence since this type of activity can also draw 'unsavoury' characters to the area. This will have a major impact on the well-being of neighbouring residences and the security of our property from theft and vandalism.

Briefing
Details of what the following items include have not been provided in this application for the proper determination of the Material Change of Use:
1. Able to safely operate a Quad Bike
2. Understand our strict rules of riding safety.
3. Understand our strict rules of conservation.
4. Agree and understand our terms and conditions.
5. Pass a brief practical riding test.

Since the applicant has not undergone training the above stated conditions of briefing cannot be qualified or quantified for the determination of this application.

Rider Licensing
No details have been provided as to the licence requirement of the riders to traverse a public road? Will the riders be unlicensed road users?

Site Plan
No location has been indicated on the site plan for disabled portable toilets or the composting toilets. Site plan only has provision for one Pump out toilet located behind Tree. No undulations are shown on the site plan considering it set deep in the valley / trough.

DERM Permit:
"A113112 Tours must not be conducted on the National Park roads if 25mm or more of rainfall has fallen during the 24 hour period prior to the commencement of the activity." 
This is another reason by which a material change of use is questionable since the property and the National Park is located in a high rainfall and flash flooding area.

Weed Management:
I would think introduction of weeds into the park is a risk to the National Park's rare eucalypt rainforest, however I have not seen weed management addressed in the Development Application.

Conclusion
This is a rural residential area and the proposed material change of use will set a precedence for business and the community to classify this area as disruptive, unsafe and mostly suitable for risk taking enterprises.  Tablelands Road is part of the Noosa Trail and it already facilitates tourism in more sustainable, eco friendly, low noise and unobtrusive ways. The approval of a Quad Bike Tour business will be a major draw back on this aspect of tourism and will wipe out more sustainable types of tourism since quad bikes and bush walking don't go hand in hand. Neither does an ecological biosphere reserve or lowland subtropical rainforest go hand in hand with quad bike tours.  It is not unreasonable to assume that the usual use of quad bikes in that kind of environment is not to tour but to go hooning. We believe that the applicant's actual intended business purpose will mean that no one will want to go walking, picnicking and using or enjoying the park in any way because of the noise, disruption and danger.  Everyone else will be pushed out just for the applicant to make money from the use of the national park, the park which is for the use of all the community

The approval of such an application is a serious concern and it will mean that the Regional Council will directly affect the demographic and environmental landscape of this area for many years.  There is also no commitment by the applicant to never sell the business, nor can the applicant guarantee that if he sells the business that the next owner will attempt to accept the rules and regulations and maximum number of tours that the applicant says he will adhere to in this application.  

The approval of the Material Change of Use will very adversely affect the quality of life for those who have made their home here and is likely to dramatically reduce the value of homes in the street,
destroy the lifestyle of people who have come to this area for the peace and quiet and to live near a national park. It will bring a change to the type of people who wish to live here, changing, what for many is a desirable place to live, to one to be avoided for the sake of one man's business.

This development application for a MCU, its omissions and errors, cause serious concern by the residents, the Hinterland community and environmental bodies.  

The application is not suitable for a MCU Business Class 3 nor has it been properly made to warrant consideration for such purposes.

I have made this detailed submission as a genuine concerned resident, a member of the wider community and a constituent of the Regional Council. My submission is authentic and a signed hard copy will be made available to the council by COB on Monday 19th March. 

Your Sincerely,


Layla Fowler
15th March 2012