Notice of Appeal_(Sealed)_1Dec2015 (PAE00394436-004)

(ii) in the Agricultural Land Conservation Area; and
(iii) subject to a Biodiversity (Riparian Buffer & Environmental Protection)
overlay;

e) is in the Regional Landscape & Rural Production area in the South-East Queensland
Regional Plan;

f) was a turf farm, with associated sheds and detached house; and

g) has recently had a greenhouse, approximately 2 hectares, constructed on it for the
purpose of growing tomatoes.

The Proposed Development

2) The proposed development is a code assessable Material Change of Use-Cultivation Type
2-Intensive (Greenhouse) and Reconfiguration of A Lot (Access Easement) intended to
regularise the use of the constructed greenhouse in the area of the former turf farm in a
rural zone.

The Application

3) On or about 4 June 2015 the Appellant applied for a development permit for a material
change of use for Cultivation-Type 2 Intensive for crops within 3 greenhouses to be
constructed over 2 to 4 years.

4) The Application was given the Respondent's reference number MCU 14/0039.
5) The Application was code assessable.
6) An information request was issued on 25 June 2014.

7) A response was provided addressing the matters raised in the information request under
section 354 of the Sustainable Planning Act 2009 (SPA) and limiting the application to
regularise the existing greenhouse, (1 only) limit the impacts of the use to the scale of the
maximum operation of the turf farm and including a safer alternative access. (the
Application)

8) The provision of a safer alternative access required the inclusion in the application of a
Reconfiguring a Lot (Access Easement).

The Decision

9) Bya letter dated 26 November 2015 the Respondent issued its Decision Notice approving
the Application subject to conditions.

10) The Decision Notice included condition 1:

1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.

11) Condition 1 should be amended:
a) The use has commenced.
b) The condition should be amended as follows:

1. Unless otherwise stated, all conditions of this Decision Notice must be complied
fii with within three months of the date of this approval, and then compliance
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maintained at all times while the use continues.

 

5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational Works. The cash bond or

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