2014-09-16 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   16 September 2014


The poultry farm can only operate as long as Lots 20 & 22 on SP 226606, Lot 1 on SP
100788 and Lot 204 on RP892484 are owned and occupied by the operator or an employee
of the poultry farm. In the event that the lands are not owned and occupied by the operator,
an employee of the poultry farm, the farm can only operate when the odour limits are below
2.5 odour units.
Council’s solicitor advises that this would be an inappropriate condition to address the
potential odour nuisance for these lots and that it is likely to be shown to be unlawful and not
enforceable. The applicant could alternatively change the application and include properties,
224, 172, 146, 124 and the subject site in the application. Under the Sustainable Planning
Act 2009, a changed application involving new properties would need to be renotified. The
applicant has not indicated they are prepared to include these properties as part of the
application. As such there is no way of avoiding unacceptable odour impacts on future
owners/residents of these properties.
The applicant has also not provided detailed modelling of odour impacts to 185 Top Forestry
Road. There is an existing house on this property, and the current owners have lodged a
letter of support for the application. Council’s Environmental Consultant also advises that
more detailed modelling could be undertaken around the house, and if done is more than
likely to result in this sensitive receptor being outside the 2.5 odour unit contour.
4.    PUBLIC NOTIFICATION
The application was publicly notified for 15 business days in May 2013. 12 properly made
submissions and 118 not properly made (late) submissions were received at the time. Of
the 130 total submissions, 101 are objecting and 29 supporting the application.
Since the applicant provided further information about the proposal on the 31 July 2014 a
further 35 letters and 430 petitioners on www.change.org were received. All were objecting
to the application. The following table provides a summary and assessment of the issues
raised in the recent submissions

 Issues                                        Comments
 Odour concerns
 Affect amenity of neighbours.                 The revised odour modelling indicates all but 5
                                               properties will meet the QLD odour guidelines. As a
                                               result, the development has the potential to affect the
                                               amenity of neighbouring properties.
 The existing houses on the subject site and   The neighbouring properties owned by the applicant
 the neighbouring property (146) have not      are not included as part of the subject application.
 been included as sensitive receptors. House   These are considered sensitive receptor locations
 across the road at 185 Top Forestry Road      pursuant to the QLD Odour Guidelines.
 has not been included as a sensitive          185 Top Forestry Road, has also not been included
 receptor. The report does not consider the    as part of the detailed modelling of the odour
 lots at 124, 172 and 224 Top Forestry Road    contours.
 (Lots owned by the applicant with no houses
 developed yet).

 The odour modelling only depicts sensitive    The Queensland odour guideline for rural zoned land
 receptors; however the lower paddocks and     indicates ‘sensitive receptors’ should not be exposed
 dams will be within the 2.5 odour unit.       to more than 2.5 odour units. A sensitive receptor
                                               only refers to the residential dwelling and the
                                               curtilage of such place (land immediately surrounding
                                               the house, excluding open paddocks).

 Assumptions about report                      Council’s environmental consultant has reviewed all
 • Using weather assumptions for               of the assumptions, criteria and meteorological data
    Nambour and Tewantin should not be         built into the odour modelling and consider them to



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