MCU14-0028 Decision Notice

Officer:	Jack Lewis
Direct Telephone:	5329 6236
Our Reference:	MCU14/0028
Your Reference:	N/A

4 August 2014

The Henbury Family Trust
C/- Mrs AC Henbury
317 Lawnville Rd
BLACK MOUNTAIN  QLD  4563

Dear Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 31 July 2014, Council decided to approve the application in full subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU14/0028
Street Address:	317 Lawnville Road, Black Mountain Qld 4563
Real Property Description:	Lot 2 RP 83801
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use (Animal Husbandry Type 2 - Intensive)
Relevant period of approval
The relevant period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
When Conditions must be Complied With
Unless otherwise stated, all conditions of the Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below, unless otherwise amended by the conditions of approval.

Plan Name	Date
Melsted Park Plan, drawn by Anna Henbury	22/05/2014
Melsted Park Driveway Map, drawn by Anna Henbury	22/05/2014
Poultry Carcases Compost Facility drawn by US Department of Agriculture Corporation	27/05/2014*
*Submitted with the response to information request
Specific Conditions
The maximum number of chickens kept on site at any one time shall not exceed 1,000 birds.
All poultry enclosures, pens and the like must be setback a minimum of 100m from any property boundary and 60m from the defining bank of any waterway. Any composting facility must be located a minimum of 200m from any property boundary and 60m from the defining bank of any waterway.
Any composting facility shall be located and constructed generally in accordance with the approved plans and include:
(a)	All areas to be concrete floor, with block walls to ensure no runoff or ground water release from the composting areas.
(b)	A permanent roof (colourbond material or similar i.e. no waterproof shade cloth) over the composting areas;
Prior to the commencement of the use, the operator must develop and implement a Site Based Management Plan (SBMP). The SBMP must also provide for the review and 'continual improvement' in the overall environmental performance of all activities that are carried out. The SBMP must include the following:
(a)	A register of how many birds are contained on the site at any one time.
(b)	Waste management of dead birds to be carried out in accordance with the submitted information and the Queensland Guidelines for Meat Chicken Farms in particular the acceptable outcomes relating to waste management and composting of dead birds.
(c)	Routine observations of odour and nutrient runoff, recording the management response to elevated levels;
(d)	Identification of environmental issues and potential impacts;
(e)	Control measures and operating procedures for routine operations to minimise likelihood of environmental harm;
(f)	Maintenance practices and procedures;
(g)	Minimum specifications, monitoring procedures and methodology for managing the health and wellbeing of the chickens while they are contained on the site;
(h)	Contingency plans and emergency procedures to deal with risks and hazards including corrective responses to prevent and minimise environmental harm including odour, air contaminants and noise impacts;
(i)	Vermin control measures;
(j)	Record keeping, handling and review of environmental complaints; and
(k)	Periodic review of environmental performance and continual improvement.
The Operator must keep records and documents related to the management of the farm and make the records and documents available for examination by Council immediately upon request.
The operator must ensure that the activities at the premises comply with the Site Based Management Plan.
Any noxious or offensive odour must not be emitted beyond the boundaries of the premises.
Nutrient, pathogen and contaminant levels in the stormwater discharged from the site must not exceed the water quality guideline levels of the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000, and/or result in the exceedance of the water quality objectives for waters listed in Schedule 1 of the Environmental Protection (Water) Policy 2009. Water quality testing shall be undertaken and results provided to Council upon request.
Colours and Finishes
The composting facility must be finished in muted colours that blend in visually into the natural landscape.
Landscaping Works
The waterways on the site must be fenced to restrict cattle entering, as generally shown in the approved plans.
Site Access and Parking
An access driveway must be provided from Lawnville Road to all parking and maneuvering areas of the development. The works must include in particular:
(a)	The sealing of that part of the existing driveway extending from the existing sealed roadway to the property boundary. The sealing works must be in accordance with Council’s Standard Drawing SEQ R-056.
(b)	A driveway within the site that is:
(i)	Of sufficient width to cater for the expected delivery and service vehicles.
(ii)	Constructed with a formation that is sufficient to cater for the expected delivery and service vehicles in the long term.
All loading and unloading of deliveries and chickens must be undertaken wholly within the site.
Service vehicle parking, maneuvering and standing areas must be provided on the site. The required areas must be constructed with a formation that is sufficient to cater for the expected delivery and service vehicles in the long term.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
(a)	where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
(b)	where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Nil.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued for Council “trunk” infrastructure in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)
Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that:  “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care.  Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to discuss any obligations under the ACH Act.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
Development Permit for Building Works (composting facility)..
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.
Not Applicable
submissions
23 Properly Made submissions were received.
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Kerri Coyle
Planning & Environment Manager

cc	Unitywater

Enc:	Infrastructure Charge Notice
Approved Plans/Documents
List of Submitters
Appeal Rights

	List of Submitters SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

Only Properly Made Submissions are to be included in this notice (s335 (1) (l))

Author	Address 1	Address 2
Debra Gilmour	813 Cooroy Belli Creek Rd	RIDGEWOOD  QLD  4563
Mark Pagett C/- Ken Mills Toyota	107 Coronation Drive	NAMBOUR  QLD  4560
Rodney Ritchie	423 Old Ceylon Rd	COOROY  QLD  4563
Anthony McLelland	642 Belli Creek Rd	COOROY  QLD  4563
Julie Walkden	423 Old Ceylon Rd	COOROY  QLD  4563
S & A Lester	42 Crows Ash Lane	BLACK MOUNTAIN  QLD  4563
Max & Barbara Richardson	781 Cooroy Belli Ck Rd	BLACK MOUNTAIN  QLD  4563
Mark Counter & Phil Briggs	692 Cooroy  Belli Ck Rd	BLACK MOUNTAIN  QLD  4563
Dick Barnes	1229 Cooroy Belli Ck Rd	RIDGEWOOD  QLD 4563
BA & SA Smithers	372 Lawnville Rd	COOROY  QLD  4563
Timothy & Deborah Garrod	742 Cooroy Belli Ck Rd	BLACK MOUNTAIN  QLD  4563
Shayne Hamlin (Petition 7 persons)	141 Cooroy Noosa Rd	TEWANTIN  QLD  4565
Craig & Michelle Lisett	48 Bonney Lane	BELLI PARK  QLD  4562
Jon Gemmell	12 Lakeview Dr	TEWANTIN  QLD  4565
Michele Jarvis	1017 Eastern Mary River Rd	CAMBROON  QLD  4552
Peter Jarvis	1017 Eastern Mary River Rd	CAMBROON  QLD  4552
Joanne Jarvis	1017 Eastern Mary River Rd	CAMBROON  QLD  4552
Myee Grout	c/- 1017 Eastern Mary River Rd	CAMBROON  QLD  4552
Jan Wheal	16 Martin Road	YANKALILLA SA 5203
Mark Counter (Petition 31 persons)	692 Cooroy  Belli Ck Rd	BLACK MOUNTAIN  QLD  4563
Audrey & Keith Johnson	707 Belli Creek Rd	COOROY  QLD  4563
Janice Hamlin	96 Hendry St	TEWANTIN  QLD  4565
Colleen & Ron Greentree	13A Yatama Place	COORIBAH QLD  4565

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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