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Attachment 2A - Development Approval 2005-638
Form 6 - Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 2005/638 Date of Decision: 24 November 2005
1. APPLICANT DETAILS
Name: Noosa Shire Council
Postal address: CARE Martoo Consulting Pty Ltd
PO Box 1684
NOOSA HEADS QLD 4567
Phone no: 07 5447 4556 Fax no: 07 5447 5446
2. PROPERTY DESCRIPTION
Street address: 561 Eumundi Noosa Road, Doonan
Real property Lot 77 SP 177938, Parish of Weyba, County of March
description:
3. OWNER DETAILS
Name: Noosa Shire Council
Postal address: PO Box 141
TEWANTIN QLD 4565
4. REFERRAL AGENCIES
Referral Agency Address Basis
Department of Natural PO Box 383, Gympie Qld 4570 Concurrence
Resources & Mines
Department of Main PO Box 183, Gympie Qld 4570 Concurrence
Roads
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Expansion of Special Purpose No Yes
(Waste Disposal & Recycling
Facility) & Ongoing Clearing
Purposes
6. DECISION DETAILS
Council decided to approve the application and grant a Development Permit, subject to conditions.
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2 8. SUBMISSIONS Not applicable. 9. CONDITIONS The approval is subject to conditions. Noosa Council’s conditions are attached. Conditions from the Departments of Main Roads and Natural Resources & Mines, as concurrence agencies are also attached. 10. FURTHER DEVELOPMENT PERMITS REQUIRED Type of Development Permit required Subject of the required Development Permit Development Permit for Building Works (if All building works applicable) 11. RIGHTS OF APPEAL Rights of appeal in relation to this application are attached. 12. ASSESSMENT MANAGER Name: Noosa Council Signature: Date: 28/11/05 S c:\users\shane\dropbox\adamson town planning\current projects\2022\22019 - noosa council landfill\001 ecm_9959687_v1_decision notice.doc
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Land Use
1. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plan is titled Proposed Future Development of Noosaville Landfill stamped
and dated 24 November 2005 and as may be amended by these conditions.
2. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
3. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use.
4. Cleared vegetation is to be suitably processed by one of the following methods and removed from the
site:-
4.1. Processing through a woodchipper or shredder. The resulting mulch is to be stockpiled loose in
heaps of less than 1000 cubic metres, less than 2.5 metres high with a minimum of 10 metres
between edges of heaps.
4.2. Disposal for firewood.
4.3. Disposal for landscaping purposes.
4.4. Transport to alternative site for breaking down materials provided that all necessary permits have
been obtained to allow the alternate site to be used for this purpose.
4.5. The Applicant is advised that burning off is an unacceptable method of disposal.
5. Any advertising sign or device is to comply with Council's policies on advertising.
6. A Bushfire Management Plan is required to be prepared by a suitably qualified expert detailing any
measures that are required to be undertaken on the subject site to ensure the risk of bushfire hazard is
minimised and managed. The plan shall be to the reasonable satisfaction of the Queensland Fire and
Rescue Service.
7. The proposed extensions to the Waste disposal and recycling facility shall incorporate requirements for the
management of acid sulfate soils in accordance with State Planning Policy 2/02 - Planning and Managing
Development Involving Acid Sulfate Soils.
8. A Koala Management Plan is required to be prepared by a suitably qualified expert detailing any proposed
relocation of koalas and rehabilitation of other areas of the site with suitable koala food trees, if
appropriate.
9. The Development Permit for a material change of use of premises lapses if the use has not happened by
24 November 2009 unless an application to extend the currency is approved by Council.
Land Development
10. Any person acting on this permit shall prevent erosion and sediment export from leaving the site. Site
control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste,
will be necessary.
11. Prior to undertaking any excavation, the person acting on this permit shall contact public utility service
providers to ascertain the location of their underground services.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
12. The person acting on this permit shall apply and obtain all other necessary permits including crane, road
opening, hoarding, footpath occupation and/or any other approvals required under any other Act or By-
Law.
13. The transportation of all materials to and from the site shall be undertaken in a manner such that no
particulate matter escapes onto a public road. All vehicles carrying materials either to or from the site shall
be covered to prevent materials including dust being windblown from the vehicle.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
Concurrence Agency Conditions -
Department of Main Roads
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
Concurrence Agency Conditions -
Department of Natural Resources &
Mines
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
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NOOSA COUNCIL IDAS Development Application Decision Notice 9
Local Laws, Policies & State
Regulation Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
1. All clearing of vegetation is to be undertaken in accordance with the recommendations of the
Environmental Assessment Report Flora and Fauna study for the proposed expansion of the Noosaville
Waste Landfill which include the following protective measures for Fauna
PROTECTIVE MEASURE SPECIES
AFFECTED
Establish a protective buffer of at least 30m around shallow acidic water bodies Wallum froglet
Maintain water quality and hydrological patterns within the habitat of the species Wallum froglet
No prescribed burns in the winter months around water bodies Wallum froglet
Protect the heath where-ever possible Ground parrot
Mosaic burns should be conducted to maintain the integrity of the heath. Ground parrot
Prescribed burns should not be more frequent than every two to three years, but at
least every 15 years
Retain nectar and fruit-bearing trees Grey-headed
flying-fox
Care should be taken to ensure that no animals are killed during clearing for the Echidna
new waste disposal site
Hollow-using
species
Retain hollow-bearing trees where possible Hollow-using
species
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NOOSA COUNCIL IDAS Development Application Decision Notice 10
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for
submitters for the application are not available against
Division 8 - Appeals to court relating to the part of the approval that represents the
development applications concurrence agency’s response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following- its jurisdiction, appeal to the court about the giving of
(a) the refusal, or the refusal in part, of a development a development approval for a development
application; application if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code (b) the advice agency told the applicant and the
under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a currency period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must Appeals for matters arising after approval given
be started within 20 business days (the “applicant’s (co-respondents)
appeal period”) after the day the decision notice or
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be following notices have been given may appeal to the
started at any time after the last day a decision on the court against the decision in the notice-
matter should have been made.
(a) a notice giving a decision on a request for
Appeals by submitters extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application (b) a notice giving a decision on a request to make a
may appeal to the court about- minor change to an approval.
(a) the giving of a development approval, including (2) The appeal must be started within 20 business
any conditions (or lack of conditions) or other days after the day the notice of the decision is given
provisions of the approval; or to the person.
(b) the length of a currency period for the approval. (3) Subsection (1)(a) does not apply if the
approval resulted from a development application
(2) The appeal must be started within 20 business
(superseded planning scheme) that was assessed as
days (the “submitters appeal period”) after the day
if it were an application under a superseded planning
the decision notice or negotiated decision notice is
scheme.
given to the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the
mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the
against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started
(4) If an application involves both impact
at any time after the last day the decision on the
assessment and code assessment, appeal rights for
matter should have been made.
submitters are available only for the part of the
application involving impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the (no co-respondents)
application are available only for the aspects of the
development that would have required public 4.1.31.(1) A person to whom any of the following
notification under the repealed Act. notices have been given may appeal to the court
against the decision in the notice-
1
Section 3.1.6 (Preliminary approval may override local planning (a) a notice giving a decision on a request to change
instrument) or cancel a condition of a development approval.
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NOOSA COUNCIL IDAS Development Application Decision Notice 11
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(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
mentioned in subsection (1)(a) 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.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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NOOSA SHIRE COUNCIL PLANS APPROVED Area outlined in Yellow d proposed area of clearing Proposed Future D (Shaded areas are further Noosaville Landfill ikea pie including (it PSEA MIRA OTEDE ARICRMannina Mane aviliat anal ONS \AIAR
Page 13
Derived Reference Points for GPS
S
Station No X Coord Y Coord Station No X Coord Y Coord Station No X Coord Y Coord Q No
SP104321
Station X Coord Y Coord
1 502906 7076004 12 503415 7075374 23 502825 7075809 SP104321
34 1 A 502588B 7075978
959 3 RP215933
RP215933
2 503376 7075413
AP6319 13 503440 7075337 24 502807 7075809 35RP183901502604
RP215933 7075973 7
3 503396 7075436 14 503429 7075291 25 502551 7075833 36 502616 27075978
RP46782
4 503403 7075449 15 503371 7075247 26 502540 7076109 37 279 502622 SP163572 7075980
959 5 503410 7075467 16 502934 7075387 27 502603 7076091 CP865180502636
38 7075992
AP63196 959
503444 7075614 17 503015 7075424 28 502601 7076080 39 1 502649 C 7076008
AP6319 RP215933
7 503491 7075563 18 502976 7075608 29 502597 7076058 40 RP215933
502647 7076020
8 503460 7075439 19 502947 7075653 30 502590 7076033 41 502657 7076043
9 503457 7075425 20 502911 7075700 31 502579 7076017 42 502663 7076056
10 503442 7075401 21 502893 7075737 32 502574 7075998 43 502674 7076070
11 503427 7075383 22 502870 7075767 33 502574 7075985 2
SP163572
2
3
SP142258 5
RP223289 4
RP223289
1
56 RP220216
3 53 1
MCH3375
RP223289 SP163571 SP163571 53
3 SP163571
2 RP849501
RP223289
1 4
RP223279 RP849501
2 ROCKY POINT ROAD
11
RP893393
26 ! AD 1
RO
R OA D
27 43 SP124754
3
!
!
!
77
! !
EUMUNDI NOOSA ROAD
!
1
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2
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SP177938
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! ! !! !
RP169768
!
LS
EL
9 W
25 DS
RP225300 TI
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20 !
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VE EU MA R
!
RI 15
PD
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HI
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FE 1
SP163570
147 2
NPW889 SP133616
147
NPW889
142 3
CP892284 SP133616
Scale 1:12,500 @ A3 paper size Note: GPS control points are to be used for The property boundaries shown on this plan are
the location of the permitted clearing bound- APPROXIMATE ONLY. They are NOT an accurate
0 50100 200 300 400 500 600 700 800 9001,000 m aries only. Responsibility for locating these representation of the legal boundaries.
boundaries lies solely with the landholder Note: This plan must be read in conjunction
Projection: UTM (MGA Zone 56) Datum: GDA94 and delegated clearing contractor(s).
with the Referral Agency Response 2005/101216
LEGEND
! Derived Reference Points for GPS Referral Agency Response (Vegetation) Plan
Subject Lot(s)
Permit A
Watercourses
Permit A in Lot 77 on SP177938
CENTRE: GYMPIE REGION: SOUTH EAST
Trackjob No: IR0405NAM0004
´
LOCALITY OF DOONAN LOCAL GOVERNMENT: NOOSA SHIRE Sheet 1 of 1
Map Reference: 9545 For compilation data sources see GYP/000280/GIS
RARP2005/101216
File Reference: GYP/000280 Prepared by: LMO Date: 28 October 2005