Council Planning Negotiated Report 132005 638 03

           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.