Council Planning Negotiated Report 132005 638 03

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.