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MCU12/0012 Notice of submission Ruth Berlin

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                seRC CORRESPONDENCE



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                     80438469
                                                   ~
Ruth Berlin
30 Tablelands Road
                              ~
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                                             RECEIVED               Development Counter
Cooran OLD 4569                              20 MAR
                                                      2012                                           ";-’.

                                             SCRC                               1 9 MAR 2012
Telephone: (07)54850619                                                                              .

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15 March 2012                                                                 Tewantin


Planning Submission           -
                                  MCU12/0012   298 Tablelands Roads Cooran
                                               -




Home Based Business Type 3               Quad Bike Tours
                                         -




AUn: Marcus Brennan


I wish to formally lodge an objection to the abovementioned development application based on the
followingreasons. The. foremost areas for concern are additional traffic generation along

Tablelands Road, environmental impacts and acoustic impacts.

The applicant has not addressed nor provided sufficient information regarding various significant
sections of the planning scheme, as required for impact assessable applications. This includes the
desired environmental outcomes, specific development codes and the intent for the local area.


The application is severely lacking information with regards to the specific desired outcomes for the
local area and       specific code outcomes. I have highlighted below the various areas of non
compliance with these sections of the planning scheme.

Part 8 Division 13    -
                          General Provision for the Mary River Catchment Locality Code:
    .      Section 8.8.2 a) iii and iv
           No qualitative data has _ been acquired to determine the acoustic and visual impacts on
           the local area as a result of the proposed disruptive activity. At the very least, an acoustic
           report and environmental impact statement report should to made available to the
           community to prove that our residential neighbourhood wm be preserved as we demand
           this certainty.


   .       Section 8.8.2 g)
           Information regarding how this application is consistent with the amenity and environment
           of the local area is seriously lacking. The residents within this area deserve to know if the
           amenity can be protected as a result of this development.

   .       Section 8.8.2 q)
           The specific desired outcomes for the village area of Cooran, which include low density
           residential, maintaining the village character, and family orientated focus have not been
           addressed. These outcomes drive the growth of our neighbourhood and without specific
           reference and compliance are considered to have not been achieved in line with our
           expectations.

   .       Section 8.8.2 x}
           No information has been provided regarding the specific outcomes desired for the Rural
           Zone, which include protecting rural land and the scenic and environmental values,
           protecting rural amenity and preserving agricultural productivity. This is a significant part of
           the Noosa hinterland area therefore should be protected. It is argued that these outcomes
           have not been adhered to as required by the planning scheme.


Part 8 Division 22    -

                          Specific Outcomes and Probable Solutions for the Rural Zone:
           Section 8.37 Built Form
           No details have beenprovided regarding the topography of the subject site including
       specific details regarding the proposed shed design and construction. A site visit has


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Full text of the other 3 pages

Page 2

       indicated that the subject property is quite steep with significant changes in topography. It is
       clear that the impacts on the topography will be profound and the natural beauty of our
       neighbourhood should be maintained through strictly enforced council regulations. Flow on
       impacts  including overland flow runoff, vegetation degradation, silt etc are concerns which
       need addressing before the community can support such a proposal.


   .   Section 8.38 Environmental Values
       No information has been provided to ensure that the environmental values of the land are
       going to be protected during the course of the proposed development. At minimum, an
       independent environmental impact report needs to be conducted to determine what impacts
       this proposed development could have on the surrounding environment. Otherwise, the
       neighbourhood will be adversely impacted as a result of this development.

Part 14 Division 3   Home-Based Business Types 1. 2
                     -
                                                         -
                                                           3:
   . Section 14.21 Specific Outcome 53 Extent of use and residential amenity

     Insufficient information has been provided in regards to this code, specifically in regards to
     noise, traffic generation. smell, fumes, and waste management. No information has been
       provided regarding Acceptable Solution S53.2. which states that ’noise from the business
       should not be audible beyond the site boundaries’. An acoustic report, traffic report and
       environmental impact report need to be provided.


   .   Section 14.21 Specific Outcome 57 Environmental Risk
       Insufficient information has been provided regarding the proposed re-fuelling of the quad
       bikes on the subject site, including the quantity and location of proposed storage.
       Therefore, the applicant is not in keeping with Acceptable Solution S57.1 and S57.2. No
       information has been provided to demonstrate that there will be no risk to neighbouring
       residents and the environment from the storage and use of any chemicals and hazardous
       substances, such as fuel. The applicant needs to lodge an Environmentally Relevant
       Activity (ERA)application with your Council regarding the storage of fuel on the subject site.
       There is no evidence or information regarding that this has or has not occurred on PO
       Online.


   .   Section 14.21 Specific Outcome 58 Traffic and Parking
       Insufficient information has been provided regarding the vehicular movements on the
       subject site. The applicant indicates that they will utilise a mini bus to convey participants to
       the site from public transport stations located nearby. however this cannot be refied upon.
       Due to the lack of public transport available, the majority of persons located within the area
       utilise their own private vehicle and would therefore drive to the subject site. This would
                                                                                           increased
       pose significant issues in relation to the increased traffic along Tablelands Road,
       wear/damage to the gravel nature of Tablelands Road, and concerns regarding accessing
       the subject site and car parking requirements. Insufficient car parking has been provided to
       cater for the potential of an participants to drive to the subject site. Further car parking
       needs to be provided on the subject site to cater for any additional cars.


       Additionally, the existing driveway access into the subject site cannot provide for a 2-wheel
       vehicle and would therefore need to be brought up to the required standards. This includes
       Acceptable Solution S58.2 which requires all driveways to not exceed 1 in 4 (25%)
       gradient. No information has been provided regarding the driveway gradient and how they
       can maintain safe vehicular access. Further information needs to be provided to address
       this Specific Outcome. including a traffic impact assessment to determine the levels of
       potential increased traffic along Tablelands Road.

       Furthermore, the applicant has proposed a portable toilet to cater for the participants within
       the initial stages and has provided details regarding the maintenance procedures. This
       includes a service vehicle which is required to empty the toilet on a weekly basis. This
       creates further traffic and potential damage to Tablelands Road. In addition to this service

Page 3

        vehicle, a fe-fuelling truck would be required to enter the site on a regular basis to provide
        additional fuel. Insufficient information has been provided regarding these practices.


        Section 14.21 Specific Outcome 60 Hours of Operation
        The proposed hours of operation indicated within the application do not comply with the
        Acceptable Solution S60.1. Council are entrusted by the residents of the local area to limit
        the hours of operation to those stated within S60.1. Furthermore, the applicant has
        indicated that only 2 tours will be conducted during daylight hours, being 9:00am and
        1 :30pm.At the very minimum, if Council determine that approval should be given then this
        needs to be conditioned to ensure increased traffic along Tablelands Road is only going to
        occur during these hours.




In addition to the above, it is believed that the Public Notification has been conducted incorrectly
and not in accordance with section 16 of the Sustainable Planning Regulation 2009. The
notification sign has been placed on the entry gate to the property and no proposal plan has been
provided, refer to attached photo. This has significantly adversely affected the awareness of the
existence and nature of this application for the public and heavily restricted the opportunity for the
public to make properly made submissions.

Moreover, the start and end dates for public notification differ from the information on PD Online.
The date of the acknowledgement notice is the 15 February 2012, therefore if no information
request is required (which cannot be determined as no further information is available on PO
Online) 10 business days from this dale, public notification can commence. This would mean
notification should have commenced on the 29 February 2012. However, working back from the
end date of the 19 March 2012, public notification commenced on the 27 February 2012. It is for
these reasons that public notification needs to be restarted and conducted in accordance with the
provisions under the Sustainable Planning Act 2009 and the Sustainable Planning Regulation
2009.


In conclusion, the proposed development located at 298 Tablelands Road, Cooran is considered to
be consistent development within the area, however the applicant has provided insufficient or no
information regarding various significant sections of the planning scheme. Further information is
needed to ensure that the proposed development does not detract from the amenity


If you have any questions regarding the above, please do not hesitate to contact myself on the
abovementioned details.




Yours faithfully




 ~~L:
Ruth Berlin




Attachments:
   1.   photo of public notification
   2.   photo of subject site access

Page 4

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