2019-12-11 SM Agenda - Item 1 - Attachment 1 DRAFT 20191202-Noosa Plan Consultation Report

24. Extractive Resource Overlay
Table 24.1: Submissions on First round of Consultation
 Submitter   Submission and Grounds of Submission                                                                             Planners’ Response                                                                                   Recommendation
 20868180    Cement Concrete and Aggregates Australia support the new Noosa Plan and it recognition of extractive             Extractive industries are not separately zoned but included in the Rural Zone, consistent with the   That:
             resource industries. Support inclusion of the Extractive Resource Zone to provide extractive uses.               SPP Guidelines.
                                                                                                                                                                                                                                   -          Table 5.9.5 Extractive Resources Overlay benchmarks and criteria be amended to
             Extractive Industries overlay does not go far enough to prevent sensitive land uses being established within     The SPP Guidelines – Mining and Extractive Resources does not allow for the assessment of                       require the same level of assessment for material change of use and reconfiguring
             KRA and KRA separation areas.                                                                                    material change of use against the Extractive Resources Code for certain land uses in the KRA,                  a lot for land within Extractive Resources processing area, Extractive Resource
                                                                                                                              separation areas, transport routes or transport separation areas including:                                     Separation Area, Transport Route and Transport Route Separation area.
             Level of assessment for a dwelling house in an area mapped as being subject to extractive resources should
             be code assessable to protect the extraction from encroachment by sensitive land uses. Triggers should be        (a) dwelling house on an existing lot; or                                                            -          the planning scheme include “caretaker’s accommodation” in the exclusions for
             the same as for the development within a transport route area.                                                                                                                                                                   material change of use code assessment, consistent with the SPP Guidelines.
                                                                                                                              (b) home-based business (where not employing more than two non-resident people on a full-
             Remove the word ‘materially’ from the PO3 and PO4 code provisions that state “do not materially increase             time equivalent basis); or                                                                       -          8.2.5. Extractive Resources Overlay Code PO2 and PO3 be amended to state:
             the number of people living in the separation area. The term ‘materially’ is highly subjective and may provide
             opportunities for increased densities of residents in the KRA areas.                                             (c) caretaker’s accommodation (associated with an extractive industry); or                                     PO2

             Expand wording in code to not allow the establishment of any new, or intensification of any existing sensitive   (d) animal husbandry; or                                                                                        (a)   does not increase the number of people living in the separation area;
             land uses within the areas identified.                                                                           (e) cropping.                                                                                                   (b)   incorporates measures to avoid or mitigate adverse impacts from the
             The draft Plan needs to provide for industrial land availability and affordability and ensure these areas are                                                                                                                          extracting and transporting of the extractive resource; and
                                                                                                                              In addition, the Planning (Community Residence)Amendment Regulation 2017 (Amendment
             protected from encroachment by sensitive uses. Need to recognise the important role of industries such as        Regulation) does not allow for a community residence to be assessable development in a Rural ,                  (c)   does not compromise the function of the separation area in providing a
             concrete batching plants (CBPs) by appropriately zoning them.                                                    Rural residential or residential zone.                                                                                buffer between the extractive industry and other incompatible uses beyond
             CBPs are defined as high impact industry requiring impact assessment in the Low Impact or Medium Impact                                                                                                                                the separation area.
                                                                                                                              Notwithstanding the above, it is considered appropriate to require code assessment against the
             Industry zones. They are currently code assessable in the Noosa Plan.                                            code for a material change of use, (excluding the exemptions) consistently across all land                      PO3
                                                                                                                              affected by the overlay including Transport routes and transport separation areas, as suggested.
                                                                                                                                                                                                                                              Does not increase the number of people living in a transport separation route area.
                                                                                                                              Changes to P02 and P03 of the code will be made to clarify the term “materially” and sensitive
                                                                                                                              land uses as suggested.
 20867919    Overall it is positive to see the Strategic framework recognise extractive resource industries and the           The SPP Guidelines – Mining and Extractive Resources does not allow for the assessment of            That:
             construction industry as key contributors to the local and regional economies and identifies the need to         material change of use against the Extractive Resources Code for certain land uses in the KRA,
             ensure continued availability of these resources and their protection from incompatible land uses.               separation areas, transport routes or transport separation areas including:                          -          Table 5.9.5 Extractive Resources Overlay benchmarks and criteria be amended to
                                                                                                                                                                                                                                              require the same level of assessment for material change of use and reconfiguring
             The protection of these industries should be strengthened in the following ways:                                 a)   dwelling house on an existing lot; or                                                                      a lot for land within Extractive Resources processing area, Extractive Resource
                                                                                                                                                                                                                                              Separation Area, Transport Route and Transport Route Separation area.
             •   Level of Assessment for new development – Key resource Areas are identified on the Extractive                b)   home-based business (where not employing more than two non-resident people on a full-
                 Resources Overlay map and subject to the overlay code which can change assessment levels for                      time equivalent basis); or                                                                      -          the planning scheme include “caretaker’s accommodation” in the exclusions for
                 development that conflicts with extractive industries subject to these areas. The New Noosa Plan allows                                                                                                                      material change of use code assessment, consistent with the SPP Guidelines.
                 the potential for sensitive land use to establish in KRAs and separation areas in the Rural, Rural           c)   caretaker’s accommodation (associated with an extractive industry); or
                 Residential and Low Density Residential zones. For example dwellings which are accepted subject to                                                                                                                -          8.2.5. Extractive Resources Overlay Code PO2 and PO3 be amended to state:
                                                                                                                              d)   animal husbandry; or
                 requirements, and then subject to the overlay are only escalated to code assessment if with a transport                                                                                                                     PO2
                 use otherwise remain acceptable development. It is recommended that the same requirements around             e)   cropping.
                 material change of use (Sensitive Land uses), reconfiguring a Lot, operational works that currently                                                                                                                          (d)   does not increase the number of people living in the separation area;
                                                                                                                              In addition, the Planning (Community Residence) Amendment Regulation 2017 (Amendment
                 appear in Table 5.9.5 in relation to a Transport Route and Transport Route Separation Area be                Regulation) does not allow for a community residence to be assessable development in a Rural,                   (e)   incorporates measures to avoid or mitigate adverse impacts from the
                 duplicated for all areas subject to extractive resources ( KRAs or KRA separation distances).                Rural residential or residential zone.                                                                                extracting and transporting of the extractive resource; and
             Extractive Industries Code - Sections of the code are subjective and allow opportunity for sensitive land use    Notwithstanding the above, it is considered appropriate to require code assessment against the                  (f)   does not compromise the function of the separation area in providing a
             to encroach on area subject to extractive industries, compromising existing and future operations. PO2(a)        code for a material change of use, (excluding the exemptions) consistently across all land                            buffer between the extractive industry and other incompatible uses beyond
             and POs include the terminology “materially” which is highly subjective language. It is recommended that the     affected by the overlay including Transport routes and transport separation areas, as suggested.                      the separation area.
             overlay code be amended to provide clear direction that the density of people within KRAs or KRRA
             separation areas is not increased and the code be broadened to restrict the establishment of any new or          Changes to P02 and P03 of the code will be made to clarify the term “materially” and sensitive                  PO3
             intensification of any existing sensitive land uses (as defined by the plan) within areas identified by the      land uses as suggested.
                                                                                                                                                                                                                                   Does not increase the number of people living in a transport separation route area.
             Extractive resources Overlay map.




Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                    Page 154