Council Planning Negotiated Report 132005 638 03

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                              7 MAY 2024


  Overlays                          Acid Sulfate Soils –
                                        •   Area 2 – Above 5m AHD to 20m AHD
                                    Biodiversity, waterways, and wetlands –
                                        •   Area subject to biodiversity overlay
                                        •   Area subject to riparian buffer overlay
                                    Bushfire Hazard Area –
                                        •   High potential bushfire intensity,
                                        •   Medium potential bushfire intensity and
                                        •   Potential impact buffer
                                    Flood Hazard Overlay
                                        •   Waterways (1)
                                        •   Flooding and inundation extent
                                    Landslide hazard overlay
                                        •   Moderate hazard area

  Assessment Type                   Representations made to original approval. (Conditions
                                    40 and 43)

EXECUTIVE SUMMARY
An application for an ‘other change’ to an existing development approval (Council ref: 2005/638)
to expand the existing waste disposal and recycling facility at 561 Eumundi Noosa Rd Doonan
(Noosa Landfill) was approved by Council at its Ordinary Meeting on 15 February 2024.
The other change application sought approval to remove some remnant vegetation to facilitate
improvements of the resource recovery area including establishing a HES basin on the north-
western corner of the site.
The representations relate to the amendment of two (2) conditions that required a vegetation
protection covenant to be registered with the Titles office, and for an updated Stormwater
Management Plan (SWMP) to be provided to Council for approval before any works (including
the clearing of vegetation) commenced. The representations seek to amend when the
vegetation clearing can occur and when the updated SWMP is required to be submitted. The
proposal remains generally in accordance with the development approval and will not result in
any change to the previously approved development.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 7 May 2024 regarding Application No. 132005.638.03 for Representations to the
Other Change approval to an existing development permit for Material Change of Use – Waste
Disposal & Recycling Facility and Ongoing Clearing Purposes, situated at Noosa Landfill at 561
Eumundi Noosa Rd Doonan Qld 4562 and:
A. Agree to amend conditions 40 and 43, as outlined in Attachment 1; and
B. Note this report is prepared in accordance with Section 63(5) of the Planning Act 2016.

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      ATTACHMENT 1 – (132005.638.03) – PROPOSED AMENDED CONDITIONS


ECOLOGY AND ENVIRONMENT
      Environmental covenant
40.   The vegetation protection covenant document must be registered with the titles office before
      the commencement of the use of the expanded Resource Recovery Area.


STORMWATER
43.   Prior to the construction of the pad area for the expansion of the Resource Recovery Area
      (RRA) and the relocation of the HES basin, provide an updated SWMP, which is based on
      the Noosa Landfill – Stormwater Management Plan (Topo, 7/2/2022) and which addresses
      the following:
      a.   Update the report to reflect the approved masterplan for the site and the specific
           changes for the site encompassed by the application;
      b.   Specify the final HES basin detail from the range of options presented in the report,
           including consideration of whether a Type-B HES basin may present a lower-risk option
           compared to the flap-gated arrangement proposed to prevent back-flows into the Type-
           A arrangement as currently proposed;
      c.   Include all details for the sizing and proposed levels of the HES basin within the body
           of the report, based on recent detailed survey at the point of discharge and
           downstream; and
      d.   Include construction-phase erosion and sediment control plans which document how
           the transition from the current HES basin location to the ultimate location (including
           filling for the RRA pad) will be achieved.

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           ATTACHMENT 2 – (132005.638.03) – PLANNING OFFICER’S REPORT


REPORT
1.    BACKGROUND
On 24 November 2005 Council issued a development permit for a material change of use of
premises for an expansion of a special purpose (waste disposal & recycling facility) & ongoing
clearing purposes. The application was approved subject to conditions of approval.
On 29 June 2021, Council agreed to accept an amended masterplan as ‘generally in accordance’
with the existing development approval, which designated specific use areas throughout the landfill
site.
On 13 December 2022, the Department of Resources issued a Relevant Purpose determination in
accordance with section 22A of the Vegetation Management Act 1999. This meant that the
Department of Resources was satisfied that the proposed development to clear vegetation for the
purpose of Relevant Infrastructure Activities met the requirements of section 22A of the Vegetation
Management Act 1999. This relevant purpose designation remains valid until 13 December 2024.
On 15 February 2024, Council at its General Committee Meeting approved an ‘other change’
application to the development approval, permitting the proposed clearing for the reconfiguration
of the existing waste disposal and recycling facility at 561 Eumundi Noosa Rd Doonan (Noosa
Landfill) to address safety and operational issues.
On 6 March 2024 the applicant suspended the appeal period and made representations to the
development approval conditions. The representations, which are detailed below, relate to
Conditions 40 and 43 and seek to amend the timing of when the vegetation removal can occur and
when the updated SWMP must be submitted.
2.    ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 40
ECOLOGY AND ENVIRONMENT
Environmental covenant
40.   The vegetation protection covenant document must be registered with the titles office before
      clearing commences.
Condition 43
STORMWATER
43.   Prior to commencement of works associated with the relocation of the HES basin, provide
      an updated SWMP, which is based generally on the Noosa Landfill – Stormwater
      Management Plan (Topo, 7/2/2022) and which addresses the following:
      a.     Update the report to reflect the approved masterplan for the site and the specific
             changes for the site encompassed by the application;
      b.     Specify the final HES basin detail from the range of options presented in the report,
             including consideration of whether a Type-B HES basin may present a lower-risk option
             compared to the flap-gated arrangement proposed to prevent back-flows into the Type-
             A arrangement as currently proposed;
      c.     Include all details for the sizing and proposed levels of the HES basin within the body
             of the report, based on recent detailed survey at the point of discharge and
             downstream; and
      d.     Include construction-phase erosion and sediment control plans which document how
             the transition from the current HES basin location to the ultimate location (including
             filling for the RRA pad) will be achieved.

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Applicant’s Representation
The applicant submits the following (condition 40) That:
      In the circumstances, it is not reasonable to prevent vegetation clearing from occurring given
      the nature of the development being for the proposed expansion of the existing Waste and
      Recycling Facility, which is community infrastructure. As explained in the application
      material, there is a significant need to undertake the works as soon as possible to improve
      the level of safety for the use within the existing Resource Recovery Area (RRA).
      The applicant is required to comply with all conditions of approval including registering the
      vegetation protection covenant with Titles Queensland, amongst the other many conditions
      of approval. Under condition 14 this is to occur prior to the use commencing. Further, the
      applicant is also required to satisfy the conditions imposed by SARA, which requires an
      environmental offset and an Offset Delivery Plan (ODP) to be submitted before clearing
      commences. It is intended to submit the ODP as soon as possible.
      …………. It has been confirmed that both the Council and SARA imposed offset
      requirements under an Offset Delivery Plan (ODP) can occur over the same area of land
      (1.8ha), where satisfying the intent of both conditions, which could affect the area of the
      environmental covenant.
AND (with regards to condition 43)
      It is requested that this condition be amended to allow clearing works to occur prior to the
      submission of an updated SWMP. This is logical in the circumstances, given the considerable
      amount of work that is required to be undertaken to achieve the expansion as soon as
      possible. Further, it is noted that all works can occur without the need for a development
      permit for operational works. Consequently, it is requested that this condition be reworded
      as follows:
            Prior to the construction of the pad area for the expansion of the Resource Recovery
            Area (RRA) and the relocation of the HES basin, provide an updated SWMP, which is
            based generally on the Noosa landfill - stormwater management plan(Topo, 7/2/2022)
            and which addresses the following:
         a) Update the report to reflect the approved masterplan for the site and the specific
            changes for the site encompassed by the application;
         b) Specify the final HES basin detail from the range of options presented in the report,
            including consideration of whether a Type-B HES basin may present a lower-risk
            option compared to the flap-gated arrangement proposed to prevent back-flows into
            the Type-A arrangement as currently proposed;
         c) Include all details for the sizing and proposed levels of the HES basin within the body
            of the report, based on recent detailed survey at the point of discharge and
            downstream; and
         d) Include construction-phase erosion and sediment control plans which document how
            the transition from the current HES basin location to the ultimate location (including
            filling for the RRA pad) will be achieved.
Assessment of Representation
The conditions required a vegetation protection covenant to be registered with the Titles office, and
an updated Stormwater Management Plan to be provided to Council for approval before any works
(including the clearing of vegetation) commence.
The applicant has requested that both conditions be amended so that the vegetation clearing can
occur sooner, while other work is being undertaken, including the required environmental offset
works and the registration of environmental covenant.
The applicant’s request for the updated SWMP to be provided prior to the construction of the pad
area of the RRA will also allow the vegetation clearing occur while the SWMP is being updated.

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The proposed representations do not release the applicant from their obligations to register the
vegetation covenant or submit the updated SWMP.
Council’s senior environmental officer agrees with the representations as there is a significant need
to undertake the works as soon as possible to improve public safety for the use within the RRA.
The applicant’s request is considered reasonable in this instance.
As such, it is recommended that the conditions be revised as follows:

ECOLOGY AND ENVIRONMENT
      Environmental covenant
40.   The vegetation protection covenant document must be registered with the titles office before
      the commencement of the use of the expanded Resource Recovery Area.


STORMWATER
43.   Prior to the construction of the pad area for the expansion of the Resource Recovery Area
      (RRA) and the relocation of the HES basin, provide an updated SWMP, which is based on
      the Noosa Landfill – Stormwater Management Plan (Topo, 7/2/2022) and which addresses
      the following:
      a.    Update the report to reflect the approved masterplan for the site and the specific
            changes for the site encompassed by the application;
      b.    Specify the final HES basin detail from the range of options presented in the report,
            including consideration of whether a Type-B HES basin may present a lower-risk option
            compared to the flap-gated arrangement proposed to prevent back-flows into the Type-
            A arrangement as currently proposed;
      c.    Include all details for the sizing and proposed levels of the HES basin within the body
            of the report, based on recent detailed survey at the point of discharge and
            downstream; and
      d.    Include construction-phase erosion and sediment control plans which document how
            the transition from the current HES basin location to the ultimate location (including
            filling for the RRA pad) will be achieved.


3.    CONCLUSION & REASONS FOR DECISION
The proposed representations seek to amend timing associated with conditions 40 and 43. The
representations do not alter the form of the Other Change approval which facilitates improved
safety and functionality of the existing resource recovery area (RRA
The representations are recommended for approval as they do not raise any concerns and the
request is considered reasonable in this instance given the nature of the changes sought.

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Departments consulted:
    Office of the CEO, Mayor &               Community Services          Corporate Services
            Councillors
    Mayor & Councillors                   Director                    Director
    Chief Executive Officer               Community Development       Financial Services
    Executive Officers                    Sport & Active Lifestyles   Fleet
    Community Engagement                  Arts & Culture              Revenue Services
    People & Culture                      Community Connection        ICT
    Governance                            Customer Experience         Commercial Property
    Strategy & Environment &              Development & Regulation     Infrastructure Services
    Sustainable Development
    Director                          x   Director                    Director
    Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                      and Delivery
    Economic     Development      &       Local Laws                  Civil and Asset operations
    Destination Management
    Environmental Services                Environmental Health        Asset Management
    Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                          Property / Permits          Disaster Management
                                                                      Waste