2014-12-09 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               9 DECEMBER 2014


   Natural Hazards Overlay Code
   Natural Resources Overlay Code
The pertinent issues arising out of the assessment are discussed below:
Extractive Resource Buffer Area
The site is entirely within a mapped Extractive Resource Buffer Area for the adjacent Nandroya
shale and clay quarry and subject to assessment against the Natural Resources Overlay Code.
The buffer is intended to protect the use rights and ongoing viability of identified resources,
particularly from new uses likely to impinge on extractive operations (known as reverse amenity
impacts). Outcome O7 of the Code states:
     O7 Development within the resource/processing separation area—
     a) does not increase the number of people living in the separation area; and
     b) incorporates measures which avoid or mitigate adverse impacts from the winning and
        transportation of the extractive resource; and
     c) does not compromise the function of the separation area in providing a buffer between
        Extractive uses and other uses.
The proposed visitor accommodation facility is unlikely to be able to meet this outcome.
Extraction of clay from the adjacent quarry approximately 150m from the site is likely to cause
noise and dust impacts that conflict with the RV Park use, which may compromise the operation
of the quarry.
The quarry has changed ownership in recent years and the current owner has ceased active
extraction and reprofiled and rehabilitated the pit. However, the owner is a submitter to this
application and makes it clear that a mining lease remains and it reserves its right to continue the
extraction in the future.
To overcome the potential use conflict the applicant has sought a temporary development
approval only, initially for 2 years. This approach is considered to be a reasonable way to protect
the ongoing extractive rights on the neighbouring property. Temporary land use approvals are
rarely given and their use is generally avoided because land use approvals usually require
imposition of new works or infrastructure and/or infrastructure charges. There are also perceived
difficulties in refusing to approve an extension to an approval once a business is operating. In
this case, only limited works are proposed or required, no infrastructure charges apply due to the
existing nursery use rights and the applicant has acknowledged that the use must be abandoned
if a land use conflict arises with the quarry. A temporary approval is therefore supported.
A condition is recommended stating that the approval lapses in two years, unless further written
annual consent by Council is granted for the use to continue. In assessing future requests to
continue with the use Council staff will confirm the status of the adjacent quarry, consider the
development’s previous level of compliance with the approval conditions and review any
complaint history.
Water Quality
The site sits on the outskirts of the mapped Water Supply Catchment Area for Lake Macdonald.
The Locality Code and Natural Resources Overlay Code seek to generally exclude new
development within the catchment to protect water quality. The applicant does not propose new
construction works or infrastructure on the site and the development does not pose significant
water quality concerns. Vehicles staying at the site are proposed to be fully self -contained,
having holding tanks for grey water and effluent. No on-site releases will be allowed and
conditions are recommended accordingly.
The site has a relatively extensive network stormwater management system that flows to a dam
at the bottom of the site, however, some spoon drains and unsealed areas have been subject to
previous scouring and the applicant was asked to provide a stormwater management plan to
reduce sediment runoff.


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