Subject: Representations to Development Approval (132005.638.03) - Material Change of Use -Expansion of Special Purpose (Waste Disposal & Recycling Facility) & Ongoing Clearing Purposes
From: Shane Adamson
Date: 2024-03-06T03:17:33+00:00
To: Nadine Gorton, Samuel Osakwe, Mailbox Council Mail

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Dear Nadine and Sam,

In accordance with section 75 of the Planning Act 2016, the applicant is making change representations to conditions 40 and 43 of the abovementioned Development Approval.

The reason for making the representations is to allow vegetation clearing to occur while the other work is being undertaken, including the environmental offset works and the registration of environmental covenant. Further, will allow for this preliminary clearing work to be undertaken while the detail design is also being finalised and prior to the commencement of any major earthworks on the site, given SARA has also approved the clearing (refer Referral Agency Response, attached).

Condition 40 states:

The vegetation protection covenant must be registered with the titles office before clearing commences. (emphasis added)

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.

While it is not agreed that the environmental offset for the removal of NJKHT’s at a rate of 1:6 under condition 20 is reasonable, given the new State policy applies to state infrastructure works, the applicant is prepared to undertake this work.

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. Consequently, it is requested that condition 40 be amended to read as follows:

The vegetation protection covenant must be registered with Titles Queensland before the commencement of the use of the expanded Resource Recovery Area.

Condition 43, states:

Prior to the commencement of works associated with the relocation 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:


  1.  Update the report to reflect the approved masterplan for the site and the specific changes for the site encompassed by the application;
  2.  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;
  3.  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
  4.  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.
(emphasis added)

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:


  1.  Update the report to reflect the approved masterplan for the site and the specific changes for the site encompassed by the application;
  2.  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;
  3.  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
  4.  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.

The applicant is endeavouring to complete the proposed expansion of the RRA as soon as possible and before the next storm season towards the end of 2024. Consequently, it would be appreciated if the change representations could be actioned as soon as possible.

Please advise if you have any concerns with the above request or if you require further information.

Regards
Shane Adamson - Town Planning Specialist
(Appeals | Development Assessment | Advice)
M - 0437 754 420 | O – 5430 6671
Professional Address – 28 Eenie Creek Road, Noosaville, QLD 4566
Mail - PO Box 894 Cooroy QLD 4563
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