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

24) The Decision Notice included condition 17.

17. Water quality monitoring results must be analysed by a suitably experienced water
quality specialist and identify whether or not nutrient increases within the receiving
waterways were associated with the release of nutrients from the Greenhouse during
a flood event. The analysis must be provided to Noosa Council officers within 30
business days following inundation of the site Greenhouse with flood waters.

25) Condition 17 should be deleted.

a) the Appellant repeats and relies upon those matters dealing with the stormwater
condition 16 above.

26) The Decision Notice included condition 18.

18. Where the results of the Operational Phase Water Quality Monitoring demonstrates
there are nutrient increases associated with the release of nutrients from the use
during a flood event, the operator must identify and rectify the cause of the release,
and include appropriate mitigation works to prevent future releases in flood events as
far as practicable. The operator then must demonstrate to Council that appropriate
measures have been incorporated into operations, to prevent a release of nutrients to
the receiving waters in future flood events.

27) Condition 18 this should be deleted.

a) the Appellant repeats and relies upon those matters dealing with the stormwater
condition 16 above.

28) The Decision Notice included condition 19.

19. All earthworks must be undertaken in accordance with an Operational Works
approval, and contained entirely within the site, unless written permission from the
respective landowner(s) is provided to Council.

29) Condition 19 should be deleted on the basis that:

a) This condition is not reasonable or relevant and is an unreasonable imposition on the
development and is not required as a consequence of the development.

PARTICULARS

(i) the greenhouse is constructed;

(ii) conditions 11 and 12, which are not disputed, deal with the construction of the
access driveway through lot 2 on SP 108094;

(iii) conditions 20 and 21 deal with the removal of the bunds; and

(iv) there are no other earthworks proposed.

30) The Decision Notice included condition 20.
20. Bund 1 & 2 indicated on the Site Layout Plan drawn by Water Technology and

dated 01/07/2015 must be removed and the existing levels reinstated within 2
weeks of this approval date.

a) This condition is not reasonable or relevant and is an unreasonable imposition on the
development.

 

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