2014-03-25 Planning & Organisation Committee Agenda Pages 15-38

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                      25 MARCH 2014


The Management Plan identifies the extent of excavation on the site and includes operational
requirements that the quarry must comply with in order to mitigate against adverse impacts for nearby
residents and road users. In this respect, the Management Plans address matters relating to noise,
water and erosion, air quality, traffic, blasting, rehabilitation, land care, monitoring and auditing and
waste. Notably, the Traffic Management Plan identifies the Pomona Kin Kin Road as the haulage
route; and from Pomona, the local road network or Bruce Highway will be utilised.

2.    Site Description

The site is located at 150 Sheppersons Lane, Kin Kin and is approximately 2.5 km east of the Kin
Kin village. The quarry is set back approximately 980 metres from Sheppersons Lane and is not
visible from the road. The nearest residence is located approximately 700 metres away which is
the residence of the land owner. The next closest residence is approximately 900 metres away,
and is setback approximately 100 metres from Sheppersons Lane. There is only one other
residence fronting Sheppersons Lane, which is set back 30 metres from the road. A health
retreat, Living Valley Springs, is located at the corner of Sheppersons Lane and Kin Kin Road
with buildings associated with the retreat situated approximately 40 metres from Sheppersons
Lane.

3.    State Planning Policies

The site and surrounding land is identified as a Key Resource Area (KRA 57) under the
superseded State Planning Policy 2/07 – Protection of Extractive Resources. The approved
quarry excavation area does not align with the State Planning Policy maps which indicate that it
is located outside the mapped key resource/processing area, and within the separation area.
Notwithstanding this, the quarry was approved in 1988, prior to the commencement of the State
Planning Policy, which only took effect in 2007.

The KRA boundaries of KRA57 have changed from the superseded State Planning Policy to the
recently released State Planning Policy, implemented on 2 December 2013. The western and
southern boundaries have been expanded to incorporate and accommodate the approval over
Lot 259 MCH 187. The identified haulage route was also amended to be consistent with the
quarry approval rather than follow the western portion of Sheppersons Lane, which is unformed
and traverses hilly terrain.

4.    Planning Scheme

The site is located in the Boreen Point, Kin Kin and Cootharaba Locality and is zoned Rural
under The Noosa Plan. The site is further identified under the Natural Resources Overlay as a
Key Resource/Processing Area and Resource/Processing Separation Area under the Natural
Resources Overlay. The site has been continuously identified by Noosa’s Planning Schemes
and Strategic Plans for extractive resources since its approval.

5.    Previous Legal Advice

Advice has been previously sought from Council’s solicitor that indicates Council is not lawfully
able to impose any limits on the output of the quarry or impose additional requirements that might
retrospectively limit the quarry. An external Barrister for Council asked to comment on condition 2
of the approval also concluded similarly. Condition 2 reads as follows:




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