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

 Submitter   Submission and Grounds of Submission                                                                            Planners’ Response                                                                                           Recommendation
 20867132    1 Production St, Noosaville (Boral)                                                                             The strategic Framework recognises extractive Industries as an important contributor to the economy.         Changes recommended to the extractive resources overlay and code.
 20867919    Adopt an Extractive Industry Zone as failure to do so creates ambiguity in the Plan. Material change of use     The Draft Noosa Plan has designated two industry Zones, being Low Impact and Medium Impact in                To ensure development and land uses within an identified Resources Processing Area,
             development applications for sensitive and incompatible land uses (i.e. building works) should be made          response to the nature of the majority of industrial uses in these areas in the Shire. When considering      Separation Area, Transport Route or Transport Separation Area won’t impede the
             assessable against benchmarks relating to compatibility with KRA and the ability to develop extractive          concrete batching plants against the majority of industrial development in Noosa it is considered in         extraction of resources, and to create consistency with the State Planning Policy- guidance
             industry. The plan does deal with encroachment but not the extent that provides adequate protection. The        context a High Impact Industry and therefore warrants impact assessment. In addition the existing plants     material Part 4: Applying assessment benchmarks below, Table of Assessment 5.9.5
             plan does not deal with industrial development as there is little emphasis in the strategic outcomes , tables   currently operate under existing use rights and can continue to do so into the future. Any upgrades will     Extractive Resource Overly was amended.
             of assessment do not preclude sensitive development (i.e. childcare) and no protection provided for             require a development approval which the level of assessment will depend on scale of the proposed
             existing industry form encroachment of sensitive uses through an overlay provisions.                            change in development.                                                                                       The changes will require any development to be code assessment against the Overlay
                                                                                                                                                                                                                                          Code of extractive industry, reconfiguring a lot and a material change of use (other than in
             The Plan requires amendment to provide support for industry. Council must acknowledge construction              The hours of operation are considered appropriate where adjoining residential zone. The Draft plan has       an existing building, a dwelling house on an existing lot, community residence on an existing
             materials such as aggregate, concrete and asphalt are essential for the maintenance and development of          gone through State Interest Check and the EPA did not raise any concerns with the provisions of the          lot, caretakers accommodation associated with extractive industry, home based business,
             the shire. If these uses are not supported within the Shire they will be sourced for outside meaning more       Industries Activities Code.                                                                                  animal husbandry or cropping), on land affected by the Overlay.
             heavy vehicles on the roads and further costs for development.
                                                                                                                             1 Production Street is actually in the Medium Impact Industry Zone.
             Defining Concrete batching as High Impact is unwarranted and should be amended as well as including
             provisions for this land use. It has been defined as medium Impact in several Local Government Planning         The Draft Noosa Plan has designated two industry Zones, being Low and medium impact in response to
             Schemes and code assessable, and where defined a High Impact it is code assessable. Acknowledging               the nature of the majority of industrial uses in these areas in the Shire. When considering concrete
             existing use rights are protected however this stifles any form of efficiency upgrades for improved             batching plants against the majority of industrial development in Noosa it is considered in context a High
             environmental or production performance or sustainability innovations.                                          Impact Industry and therefore warrants impact assessment. In addition the existing plants currently
             Industrial Activities code –                                                                                    operate under existing use rights and can continue to do so into the future.

             •     AO4 should be amended to 6am to 6pm Monday to Saturday to protect industry form encroachment
                   of more sensitive uses. Any residential development should be designed to include and mitigate noise
                   from industry.
             •     PO6 requires amendment as it is unreasonable to expect that the emissions form any industry will
                   cease at the property boundary. The EPA Act and policies deal with these impacts.
             •     PO12 should be deleted as economic need is not a matter that the plan should involve itself in.
             •     PO22-24, PO 28-29 PO30-31 and PO35-39 should be deleted as these are matters dealt with via the
                   EPA Act.
             The Industry Body CCAA has prepared a set of Extractive Industry Model Codes to provide guidance for
             local governments and they should be reviewed and adopted it the Plan.
             With respect the site at 1 Production Ave support the change of zoning to Low Impact Industry (Note – it is
             actually Medium Impact Industry).
             68 Rene St, Noosaville (Holcim)
             Overall it is positive to see the Strategic framework recognize extractive resource industries and the
             construction industry as key contributors to the local and regional economies and identifies the need to
             ensure continued availability of these resources and their protection from incompatible land uses.
             It is recommended that the protection of these industries be strengthened in the following ways:
             •     Level of Assessment for new development – Key resource Areas are identified on the Extractive
                   Resources Overlay map and subject to the overlay code which can change assessment levels for
                   development that conflicts with extractive industries subject to these areas. The New Noosa Plan
                   allows the potential for sensitive land use to establish in KRAs and separation areas in the Rural,
                   Rural Residential and Low Density Residential zones. For example dwellings which are accepted
                   subject to requirements, and then subject to the overlay are only escalated to code assessment if with
                   a transport use otherwise remain acceptable development.
             •     It is recommended that the same requirements around material change of use ( Sensitive Land uses),
                   reconfiguring a Lot, operational works that currently appear in Table 5.9.5 in relation to a Transport
                   Route and Transport Route Separation Area be duplicated for all areas subject to extractive
                   resources ( KRAs or KRA separation distances).
             •     Extractive Industries Code - Sections of the code are subjective and allow opportunity for sensitive
                   land use to encroach on area subject to extractive industries, compromising existing and future
                   operations. PO2(a) and POs include the terminology “materially” which is highly subjective language.
             •     It is recommended that the overlay code be amended to provide clear direction that the density of
                   people within KRAs or KRA separation areas is not increased and the code be broadened to restrict
                   the establishment of any new or intensification of any existing sensitive land uses (as defined by the
                   plan) within areas identified by the Extractive resources Overlay map.
             Availability of Industrial land – Under the current provisions a concrete batching plant would be defined at
             Industrial business Type 2 and generally code assessable in the industry Zone. The new Noosa Plan has
             included the subject site in the Medium Impact Industry Zone and defined concrete batching plant as High
             Impact Industry requiring impact assessment. This has failed to recognize existing batching plants. It is
             recommended that the New Noosa Plan recognize and protect existing key industries such as concrete
             batching plants by appropriately zoning existing plants.


Consultation Report - Consideration of Submissions on the New Noosa Plan                                                                                                                                                                                                                                                       Page 84