Development Application For Material Change Of Use - Animal Husbandry Type 2 (Intensive Poultry Farm) And Environmentally Relevant Activity (Era 4 - Poultry Farming) Situated At 136 Top Forestry Road, Ridgewood (MCU12/0184)

DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - ANIMAL HUSBANDRY TYPE 2 (INTENSIVE POULTRY FARM) AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA 4 - POULTRY FARMING) SITUATED AT 136 TOP FORESTRY ROAD, RIDGEWOOD (MCU12/0184)
Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU12/0184

Attachments	1.	Proposal Plans
2.	Special Conditions of the Infrastructure Agreement

APPLICATION DETAILS
Applicant	W Donald Milligan Pty Ltd
Proposal	Development Permit for Material Change of Use for Animal Husbandry Type 2 (Intensive Poultry Farm); and Environmentally Relevant Activity (ERA 4 - Poultry Farming)
Properly Made Date	12 November 2012
Information Request Date	10 December 2012
Information Response Date	8 May 2013
Number of Submissions	12 Properly made submissions; and 214 not properly made submissions received after the advertising period, including four recent petitions. Two of the petitions are in support of the proposal totalling 198 petitioners, including 53 that live near the proposed haul route. Two petitions objecting to the proposal, totalling 723 petitioners, including 220 that live near the proposed haul route.
PROPERTY DETAILS
Property Address	136 Top Forestry Rd, Ridgewood
RP Description	Lot 21 SP 226606
Land Area	105.017ha
Existing Use of Land	Avocado orchard, associated sheds and detached house
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Mary River Catchment
Zone	Rural
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 10 November 2015 regarding Application No. MCU12/0184 for a Development Permit for Material Change of Use for Animal Husbandry Type 2 (Intensive Poultry Farm) and Environmentally Relevant Activity (ERA 4 - Poultry Farming) situated at 136 Top Forestry Road, Ridgewood and;
A.	Execute the infrastructure agreement with the applicant in respect of upgrading Top Forestry Road & Odour Covenant; and
B.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
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.
Approved Plans/Documents
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan Name	Date
1209-01	D	Site Plan, prepared by Callaghan & Toth	01/03/2013
1209-05	D	Shed 1 & 2 Cross Sections, prepared by Callaghan & Toth	01/03/2013
1209-06	D	Shed 3 & 4 Cross Sections, prepared by Callaghan & Toth	01/03/2013
1209-07	D	Shed 5 & 6 Cross Sections, prepared by Callaghan & Toth	01/03/2013
1209-08	D	Shed 7 & 8 Cross Sections, prepared by Callaghan & Toth	01/03/2013
1209-09	D	Preliminary Road Layout Plan 1, prepared by Callaghan & Toth	01/03/2013
1209-10	D	Preliminary Road Layout Plan 2, prepared by Callaghan & Toth	01/03/2013
1209-11	D	Preliminary Road & Sheds Layout Plan 3, prepared by Callaghan & Toth	01/03/2013
1209-12	D	Preliminary Road & Sheds Layout Plan 4, prepared by Callaghan & Toth	01/03/2013
1209-13	D	Preliminary Road & Sheds Layout Plan 5, prepared by Callaghan & Toth	01/03/2013
Page 9	F	Stormwater Quality Catchment Layout, prepared by Callaghan & Toth	10/15
Page 10	F	Stormwater Quality Treatment Devices, prepared by Callaghan & Toth	10/15
Page 11	F	Stormwater Quality Treatment Devices, prepared by Callaghan & Toth	10/15
Page 12	F	Stormwater Quality Treatment Devices, prepared by Callaghan & Toth	10/15
Document No.	Rev.	Document Name	Date
GEOTKPAR01945AA/A		Geotechnical and Slope Stability Investigation prepared by Coffey Geotechnics	23 April 2013
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
The maximum number of chickens on-site at any one time shall not exceed 230,000 birds. A register is to be kept on site at all times detailing the number of chickens in each shed, which is to be available for inspection by Council officers upon written request.
Spent litter and poultry manure must not be stored, stockpiled or spread on the site at any time.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 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 trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
All sheds and associated structures must be finished with subdued external building colours, so as to blend in with the surrounding landscape. Detailed building plans, elevations and colours of the structures shall be submitted and approved by Council prior to the issue of a Development Permit for Operational Works.
Landscaping Works
Dense screening vegetation shall be established around the sheds and associated structures in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan.  Such landscaping is to be completed prior to the commencement of the use and maintained at all times thereafter. The Landscape Plan shall include at a minimum:
20m wide landscaping strip along the perimeters of each shed and associated structures, with appropriate plantings along the batters.
Retention of existing mature trees, where practicable.
Appropriately selected tree species and understorey plantings to achieve dense visual screening of the sheds and having regard to the soil conditions. Trees included shall be able to achieve a minimum 15m in mature height, though inclusion of fast growing species is also desirable to achieve early visual screening.
A development application for Operational Works shall be required in this regard.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
ENGINEERING
External Works
That part of Top Forestry Road extending from the intersection with Old Ceylon Road to the entrance to the site must be upgraded. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Widening and sealing of the existing road pavement to a width sufficient to allow two heavy vehicles to pass. The new formation must be sufficient to cater for the expected vehicles
The works must be approved, completed and accepted “On Maintenance” for a minimum maintenance period of 52 weeks for roadworks, stormwater drainage and frontage works as set out in section 5.5 of “Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks” in effect at the Commencement Date, prior to the commencement of the use for Animal Husbandry - Type 2 (Intensive Poultry Farm).
The upgrading of Top Forestry Road must be provided by the applicant/owner generally in accordance with the plans prepared by Lambert & Rehbein contained in;
B14101-SK-0004 (Rev B) dated 8/5/2015
B14101-SK-0005 (Rev C) dated 28/4/2015
B14101-SK-0006 (Rev A) dated 6/1/2015
B14101-SK-0007 (Rev A) dated 6/1/2015
The works shall extend from the proposed entrance to the site to the existing formation at Old Ceylon Road, including the following amendments:
Plan No. B14101-SK-004 (Rev B) dated 8/5/2015
Delete the table titled “Review of Existing Road Width vs Required 6m Road Width of Suitable Pavement Material”
Include additional notes
“The unbound pavement must extend beyond the formation width into the 1 on 4 shoulder where necessary”,
“The final design of the pavement must be undertaken in accordance with the conditions of the operational works approval”,
“Table drains to be widened at cross drainage culverts where necessary”,
“The road must be constructed with a minimum 6m wide sealed surface.”, and
The sealed surface must be widened where required at the bends (a minimum of 7m wide at the major bend at approximately Ch1100 to ch1200).”
Clearly indicate the full extent of the proposed banks and batters.
Plan No. B14101-SK-005 (Rev C) dated 28/4/2015
Include additional notes
“The pavement designs shown on the engineering drawings are not approved. The final design of the pavement must be undertaken in accordance with the conditions of the operational works approval“,
“The cut batter indicated on the plan is typical only and is subject to localised geotechnical investigation at the time of final design and submission of an Operational Works application. Should the localised geotechnical investigation conclude that the typical section is not achievable or Council considers that the extent of works and vegetation removal is excessive, Council reserves the right to require the construction of a suitable engineered solution. All works are to be constructed at no cost to Council.”
Clearly indicate the full extent of the proposed banks and batters
Plan No. B14101-SK-006 (Rev A) dated 6/1/2015
Extend the cross section at Ch140 to indicate the full extent of banks and batters (to the point where they meet with natural surface)
Traffic Management
No heavy vehicles associated with the use are to park, wait or “hold” on:
The residential streets of Cooroy township,
Cooroy Belli Creek Road,
Old Ceylon Road, or
Top Forestry Road
The maximum number of heavy vehicle movements associated with the use of the site (including existing cropping and proposed poultry operations) must not exceed 26 trips in any one day (1 trip being equivalent to a heavy vehicle travelling to the site).
Heavy vehicles travelling along the haul route must be limited to between the hours of 6am until 7pm, 7 days per week. A register is to be kept on site at all times detailing the number of heavy vehicle movements travelling to and from the site and times, which is to be available for inspection by Council officers upon written request.
The haul route must be to/from the Bruce Highway via Top Forestry Road, Old Ceylon Road, Cooroy-Belli Creek Road, Maple Street, Crystal Street and Myall Street. The haul route may be varied when the approved route is inaccessible due to accident, repairs or weather conditions, subject to prior written approval from Council.
Site Access and Driveways
An access driveway must be provided from Top Forestry Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be generally in accordance with Callaghan and Toth drawings numbered 1209-09 to 17.
All redundant vehicular crossings to the site must be removed and replaced by landscaping such as trees and grasses in accordance with Council’s Standard specifications prior to commencement of the use permitted by this permit
Earthworks
The earthworks proposed on-site for the construction of the sheds, access driveway and manoeuvring areas must be undertaken in accordance with an Operational Works approval and must be:
generally in accordance with the Preliminary Road Layout Plans, numbered 1209-05 to 17 prepared by Callaghan and Toth; and
in accordance with the recommendations of the Geotechnical and Slope Stability Investigation prepared by Coffey Geotechnics reference GEOTKPAR01945AA/A dated 23 April 2013.
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations of the Geotechnical and Slope Stability Investigation prepared by Coffey Geotechnics reference GEOTKPAR01945AA/A dated 23 April 2013 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The stormwater drainage system must be provided in accordance with a revised Stormwater Management Plan and implemented at all times during the use and include:
Water Quality treatment strategies to treat runoff from roofs and roads generally in accordance with the Stormwater Quality Catchment Layout Plans, prepared by Callaghan & Toth dated 10/2015. Water Quality treatment strategies for runoff from these areas must be designed and installed in accordance with latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, including any other bunds or chemical storage requirements required by this approval and maintained for the lifetime of the development in accordance with relevant Water by Design maintenance guidelines.
Erosion and Sediment control strategies for the construction and runoff from hardstand areas are to be designed and managed in accordance with the International Erosion Control Association Best Practice Book Series, and certified by an RPEQ/CPESC to ensure that concentrated runoff discharged from the site will not result in erosion, scour or entrainment of sediments at its overflow path.
A development application for Operational Works shall be required in this regard.

ENVIRONMENTALLY RELEVANT ACTIVITY (ERA 4): POULTRY FARMING
SCHEDULE A - GENERAL
This development approval authorises the conduct of environmentally relevant activity 4 - Poultry Farming (2) more than 200,000 birds.
This development approval does not authorise the conduct of any other environmentally relevant activity on site.
Environmental harm is not authorised by this Authority except to the extent that the harm is expressly authorised by a condition of this Authority.
The holder of the relevant environmental authority must keep a copy of the development approval conditions for the activity in a location readily accessible to personnel carrying out this activity.
The registered operator must ensure that the activities at the premises comply with the development approval conditions.
The registered operator must not change, replace or operate any plant or equipment installed at the premises if the change, replacement or operation increases, or is likely to substantially increase, the risk of environmental harm.
Any visible light released from the environmentally relevant activity must be of the appropriate type, and positioned to ensure spill and obtrusive light does not exceed the recommended maximum values of AS 4282-1997 ‘Control of the obtrusive effects of outdoor lighting’ Table 2.1 & 2.2 so as not to cause an environmental nuisance at or beyond the boundary of the approved development.
The Operator must keep all records and documents required to be kept by a condition of this Development Approval at the Premises for a period of not less than 12 months and make the records and documents available for examination by an Authorised Person immediately upon request.
Copies of any record required by a condition of this development approval must be provided to any authorised person or the administering authority on request.
In carrying out the environmentally relevant activity, all reasonable and practical measures must be implemented to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval.
The operator of the environmentally relevant activity must:
Install, maintain and operate plant and equipment in a proper and efficient condition. In this condition, “plant and equipment” includes:
Plant and equipment used to prevent and/or minimise the likelihood of environmental harm being caused;
Devices and structures to contain foreseeable escapes of contaminants and waste;
Vehicles used to transport waste:
Devices and structures used to store, handle, treat and dispose of waste;
Monitoring equipment and associated alarms; and
Backup systems that act in the event of failure of a primary system.
Material safety data sheets for all chemicals used and/or stored on the premises must be kept on site and be readily available for reference by staff.
All trafficable areas on site must be sealed.
SCHEDULE B - SITE SPECIFIC
Within three (3) months of the granting of this development approval, the operator must develop and implement a Site Based Management Plan (SBMP) that addresses the management of environmental impacts of the activities under this approval.  The SBMP must identify all potential sources of environmental harm, including but not limited to the actual and potential release of all contaminants, the potential impact of these sources and what actions will be taken to prevent the likelihood of environmental harm being caused.  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 address (but not be limited to) the following matters:
Environmental commitments - a commitment by senior management to achieve specified and relevant environmental goals;
Organisational structure, responsibilities and effective communication;
Identification of environmental issues and potential impacts;
Control measures and operating procedures for routine operations to minimise likelihood of environmental harm;
Maintenance practices and procedures;
Routine observations of odour and dust and recording the management response to elevated levels;
Monitoring and sampling of stormwater nutrient and contaminant levels associated with shed litter clean out at lawful points of site discharge;
Contingency plans and emergency procedures to deal with risks and hazards including corrective responses to prevent and minimise environmental harm (including any biosecurity incident);
Monitoring of contaminant releases;
Environmental impact assessments to be undertaken where identified as required in relation to carrying out the objectives of the SBMP;
Vermin control measures;
Record keeping, staff training and handling and review of environmental complaints; and
Periodic review of environmental performance and continual improvement.
The operator must ensure that the activities at the premises comply with the SBMP.
The operator must conduct daily inspections to identify wet litter.
Litter that cannot be returned to a friable state within 48 hours of turning or treating must be removed from poultry sheds.
A minimum shed litter depth of 45 mm must be maintained at all times.
Shed litter must be completely replaced in each poultry shed at the end of each batch.
The design and construction of the shed flooring system and bunded litter storage areas must include an impervious membrane e.g. concrete, such that moisture and/or contaminants are not released to subsurface soil or groundwater.
Sheds must be designed and constructed with tunnel ventilation exhaust fans located in accordance with the following:
Shed 1 - Eastern Wall
Shed 2 - South-western Wall
Shed 3 - Northern Wall
Shed 4 - Southern Wall
Shed 5 - Northern Wall
Shed 6 - North-eastern Wall
Shed 7 - Western Wall
Shed 8 - Western Wall
SCHEDULE C – AIR & DUST
Odours or airborne contaminants which are noxious or offensive or otherwise unreasonably disruptive to public amenity or safety must not cause nuisance to any nuisance sensitive place or commercial place.
Dust and particulate matter emissions must not exceed the following concentrations at any sensitive place or commercial place:
dust deposition of 120 milligrams per square metre per day, when monitored in accordance with Australian Standard AS 3580.10.1 (or more recent editions), or
a concentration of particulate matter with an aerodynamic diameter of less than 10 micrometre (μm) (PM10) suspended in the atmosphere of 50 micrograms per cubic metre over a 24 hour averaging time, when monitored in accordance with Australian Standard AS 3580.9.6 (or more recent editions
SCHEDULE D – WATER
Contaminants or contaminated water must not be directly or indirectly released from the premises to surface water or groundwater at or outside the Premises except for:
uncontaminated overland stormwater flow; or
uncontaminated stormwater to the stormwater system.
Contaminants or contaminated water may be released to sewer under and in accordance with a trade waste permit granted by Unity Water under the Water Supply (Safety & Reliability) Act 2008.
The Operator must ensure that:
maintenance and cleaning of equipment is carried out in an area where contaminants cannot be released into stormwater drainage, a roadside gutter, water or onto unsealed ground;
any spillage of contaminants is cleaned up immediately by a method other than hosing, sweeping or otherwise releasing the contaminants into stormwater drainage, a roadside gutter or water; and
incident rainfall and overland flow of stormwater does not contact contaminants (for example, areas with contaminants should be roofed or be protected by diversion drains).
All areas that contain contaminants, or areas where potentially contaminating activities are carried out, must be drained to a treatment device for treatment prior to release or reuse on site. The design and construction of the treatment device must be undertaken in accordance with an Operational Works approval.
Nutrient, pathogen and contaminant levels in 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.
SCHEDULE E – NOISE
Noise from the activity must not exceed the levels identified in the following table and the associated requirements at any nuisance sensitive place or commercial place.
Noise level measured in dB(A)	Monday to Saturday	Sunday and Public Holidays
	7am-6pm	6pm-10pm	10pm-7am	9am-6pm	6pm-10pm	10pm-9am
	Noise measured at a nuisance sensitive place
LAeq adj,T	Background +5	Background +3	Background +3	Background +5	Background + 3	Background + 3
MaxLpA,T	Background +10	Background +8	Background +5	Background +10	Background +8	Background +5
	Noise measured at a commercial place
LAeq adj,T	Background +10	Background +8	Background +5	Background +10	Background +8	Background +5
MaxLpA,T	Background +15	Background +13	Background +10	Background +15	Background +13	Background +10

SCHEDULE F – WASTE
Deceased poultry must be refrigerated or frozen under storage prior to removal from the premises.
Deceased poultry must not be buried or composted on the Premises, unless ordered by a relevant State or Federal government agency to do otherwise in the event of a major biosecurity incident.
All Regulated Wastes must be removed from the Premises by a registered regulated waste transporter. Where Regulated Waste is removed from the Premises, records must be kept of the following:
the date, quantity and type of waste removed;
the name of the waste transporter and/or disposal operator that removed the waste; and
the intended treatment/disposal destination of the waste.
A contaminant (including a waste) must not:
be buried at the Premises;
be in contact with soil at the Premises; or
directly or indirectly seep or penetrate into the soil or groundwater at the Premises.
Unless ordered by a relevant State or Federal government agency to do otherwise in the event of a major biosecurity incident.
All pollution control equipment including the wastewater treatment system, extraction devices and filtering devices etc are to be routinely checked and maintained in accordance with the manufacturer’s specifications/recommendations. The material extracted from the device(s) when being serviced and cleaned out is to be removed from the site and disposed of by either a licensed waste removal contractor or by other lawful means.
All wastewater and liquid wastes must be contained and/or directed to the approved waste water treatment system or disposed of by other lawful means.
SCHEDULE G – CHEMICAL STORAGE
All chemical tank storage (including, but not limited to, oil or waste oil, paint, lacquers, thinners, adhesives, and cleaning solvents) must be bunded so that the capacity of the bund is sufficient to contain at least one hundred and ten percent (110%) of the largest storage tank plus ten percent (10%) of the second largest tank within the bund.
All chemical drum storage (including, but not limited to, oil or waste oil, paint, lacquers, thinners, adhesives, and cleaning solvents, sanitising agents, detergents and the like) must be bunded so that the capacity of the bund is sufficient to contain at least one hundred percent (100%) of the largest container plus twenty-five percent (25%) of the total storage capacity.
All bunding must be constructed of materials which are impervious to the materials stored.
SCHEDULE H - MONITORING AND REPORTING
As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with these conditions, the holder of the environmental authority must notify the administering authority of the release by telephone, or other means. The notification of emergencies or incidents must include but not be limited to the following:
the registered operator of the activity and property owner;
the location of the emergency or incident;
the number of the registration certificate;
the name and telephone number of the designated contact person;
the time of the release;
the time the registered operator of the activity became aware of the release;
the suspected cause of the release;
the environmental harm and or environmental nuisance caused, threatened, or suspected to be caused by the release; and
actions taken to prevent any further release and to mitigate any environmental harm and or environmental nuisance caused by the release.
From the commencement of use of the first poultry shed, the Holder of this Authority shall maintain an automatic weather station on the Premises.  The weather station must
be sited and operated in accordance with the requirements of Australian Standards AS2922-1987 “Guide for Siting of Sampling Units” and AS2923 “Guide for Measurement of Horizontal Winds for Air Quality Applications”;
measure at least air temperature, wind speed at ten (10) metres above ground level, wind direction at ten (10) metres above ground level and rainfall; and
be maintained to achieve a long-term return rate for valid data of at least ninety (90) percent.
Measurements of wind speed, wind direction and temperature shall be recorded as 15-minute averages.  Measurements of rainfall shall be recorded as daily totals.  All measurements shall be kept in electronic format for a minimum of 3 years and shall be made available to the Administering Authority on request.
A complaints register must be kept at the Premises and all complaints received about the Activity must be recorded in the register with the following details:
time, date and nature of complaint;
type of communication (telephone, letter, personal, etc);
name, contact address and contact phone number of the complainant (if the complainant does not wish to be identified then ‘not identified’ is to be recorded);
response and investigation undertaken in response to the complaint;
name of the person responsible for investigating the complaint; and
action taken as a result of the complaint and the investigation and the signature of or under the authorisation of the Operator.
An incidents register must be kept at the Premises and it must record any incidents including but not limited to:
any fire at the Premises; and
any release not in accordance with this Development Approval.
SCHEDULE D - DEFINITIONS
“Activity” means environmentally relevant activity ERA 4 - Poultry Farming 2 (more than 200,000 birds) pursuant to the Environmental Protection Regulation 2008.
“Administering authority” means the local government.
‘Authorised person’ means an authorised person authorised under the Environmental Protection Act 1994.
“Background Noise Level” means the A-weighted sound pressure level, obtained using time-weighting ‘F’, that is exceeded for 90% of the measuring period (T) not less than 15 minutes using fast response.
A “Contaminant” can be:
a gas, liquid or solid; or
an odour; or
an organism (whether alive or dead), including a virus; or
energy, including noise, heat, radioactivity and electromagnetic radiation; or
a combination of contaminants
“Environment” includes—
ecosystems and their constituent parts, including people and communities; and
all natural and physical resources; and
the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and
the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs a to c.
“Environmental harm” is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.
“Environmental value” is:
a quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or
another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
“Environmental nuisance” is unreasonable interference or likely interference with an environmental value caused by:
noise, dust, odour, light; or
an unhealthy, offensive or unsightly condition because of contamination; or
another way prescribed by regulation.
‘Noise Sensitive Place’ means any of the following places –
a dwelling;
a library, childcare centre, kindergarten, school, college, university or other educational institution;
a hospital, surgery or other medical institution;
a protected area, or an area identified under a conservation plan as a critical habitat or an area of major interest, under the Nature Conservation Act 1992;
a marine park under the Marine Parks Act 1982; and
a park or garden that is open to the public (whether or not on payment of money) for use other than for sport or organised entertainment.
a ‘sensitive receptor’ as defined in the Environmental Protection (Noise) Policy 2008.
‘Sensitive Place’ means any of the following places –
a dwelling, residential allotment, residential open space areas;
a library, childcare centre, kindergarten, school, college, university or other educational institution;
a hospital, surgery or other medical institution;
a protected area, or an area identified under a conservation plan as a critical habitat or an area of major interest, under the Nature Conservation Act 1992;
a marine park under the Marine Parks Act 1982; and
a park or garden that is open to the public (whether or not on payment of money) for use other than for sport or organised entertainment.
In determining whether noxious or offensive odours are being emitted from the boundary reference is made to the latest edition of the EPA guideline ‘Odour impact Assessment from Developments’ (latest edition).
“Premises” means 136 Top Forestry Road, RIDGEWOOD QLD; Lot 21 SP226606
“Registration Certificate” is a certificate issued in accordance with section 73F of the Environmental Protection Act 1994.
“Registered Operator” means the holder of a registration certificate, for a chapter 4 activity, issued under section 73F of the Environmental Protection Act 1994 and in force.
“Regulated waste” is a waste referred to in Schedule 7 of the Environmental Protection Regulation 2008.
“Regulatory authority” means Noosa Council and/or the Queensland Department of Environment and Heritage Protection.
“Significant modification/significantly modified” in relation to an ERA means any modification to the system that:
involves the replacement of half or more of the system, or
triggers an Material Change of Use under Noosa Council Planning Scheme
“Qualified Person” means for the purpose of certifying acoustic matters for the development, a qualified person is considered to be either:
a Registered Professional Engineer of Queensland; or
an environmental consultant with a minimum of 3 years current experience in the field of acoustics.
“Suitably qualified and experienced person” or “duly qualified person’ means a person who has such competence and experienced in relation to that activity as is recognised in the relevant industry as appropriate for that activity.  A suitably qualified and experienced person includes personnel that have been trained, authorised and accredited by the manufacturer of a specific item of equipment and/or process.  Only a suitably qualified and experienced person can test, repair and reset the equipment after a fault.
“TSP” means particles in the air environment with an equivalent aerodynamic diameter of not more than 50 microns.
“Uncontaminated Overland Stormwater Flow” and “Uncontaminated Stormwater” refers to stormwater that does not contain contaminants.
“Waters” includes the bed and banks of waters.
‘Operator’ means the entity that conducts the Activity to which this Development Approval relates and includes the registered operator.

REPORT
Background
On the 16 September 2014, Council deferred consideration of the development application and requested the applicant to address the following:

Identify measures to mitigate dust nuisance for residents living along Top Forestry Road and minimise road maintenance requirements such as sealing Top Forestry Road;

Confirm whether an alternative haul route can be used that does not include the residential streets of Cooroy (Maple Street and Crystal Street) and is suitable for heavy vehicles;

Confirm whether chicken pick-up times can be limited to day time only (6am to 7pm);

Identify how unacceptable odour impacts on future residents of 124, 146, 172 and 224 Top Forestry Road may be addressed; and

Provide an Infrastructure Agreement that includes all proposed road works and/or maintenance measures to be undertaken to Top Forestry Road to address road, safety, amenity and maintenance issues and where appropriate odour measures for 124, 146, 172 and 224 Top Forestry Road.

The application was presented to the Sunshine Coast Council on the 14 November 2013 and the 12 December 2013, wherein it was decided to defer the application for further consideration by the new Noosa Council and allow an Infrastructure Agreement to be negotiated. Copies of the previous reports and minutes can be viewed via the following links (with hard copies available in the Councillor’s room):

Sunshine Coast Council - Ordinary Agenda and Minutes 14 November 2013 & December 2013.
http://www.sunshinecoast.qld.gov.au/sitePage.cfm?code=cr-meetings

Noosa Council – Agenda and Minutes 16 September 2014.
http://www.noosa.qld.gov.au/documents/40217326/40423342/2014-09-16%20Planning%20%26%20Organisation%20Committee%20Agenda.pdf
Proposal
The proposal is for the construction of 8 x 100m to 130m long x 16m wide sheds along the ridgeline of the site, with each shed containing 26,800 to 34,840 chickens. On this basis, the site has the potential to carry up to 230,000 birds at any one time. The process involves rearing day old chicks to chickens for a period of 6-9 weeks, before being removed from the site for chicken meat production.

The proposed sheds are located more than 750m away from the closest house (not owned by the applicant). An aerial photo identifying the proposed sheds and the neighbouring properties is included as Figure 1. More detailed proposal plans (incorporating earthworks and stormwater treatment) are included as Attachment 1.

Figure 1 Aerial photo of the subject site with the proposed shed locations superimposed. The closest house to the sheds is 185 Top Forestry Rd (750m away to the south), marked in orange between R10 & R11.
assessment
The subject site is located in the Mary River Catchment locality and is zoned Rural. The proposed use is a consistent use within the zone. While the use is a consistent use within the Rural zone, the application is required to follow an impact assessment process and must demonstrate that the selected site is suitable, and impacts can be appropriately managed.

In October 2015, the applicant responded to a Council request for an Infrastructure Agreement detailing proposed upgrades to Top Forestry Rd, and a restrictive odour covenant on the adjoining properties currently owned by the applicant (a copy of the special conditions of the agreement are included as Attachment 2).

The following assessment summarises the details of the Infrastructure Agreement, together with additional information received since previous reports on the application. An assessment against each of Council’s previous request items is then undertaken in section 3.2 of this report.

Infrastructure Agreement and Additional Information
Top Forestry Road Upgrades
The Infrastructure Agreement will commit the applicant to upgrade Top Forestry Road from the existing formation at Old Ceylon Road to the development site access, including:
A minimum 6m wide sealed surface;
A minimum 7m wide sealed surface at the major bend;
A minimum overall pavement depth of 200mm, which is likely to result in a design life of more than 20 years.
Installation of all required road signage and guide posts;
Table drains, banks, batters and culverts to be widened where necessary;
The final design of the pavement to be undertaken in accordance with the conditions of an Operational Works approval.
The works to be completed and accepted ‘On Maintenance’ for a minimum period of 52 weeks in accordance with the Planning Scheme Policy 5 – Engineering Design Standards prior to the commencement of the use for Animal Husbandry – Type 2 (Intensive Poultry Farm).

Considering the type and frequency of the traffic expected on Top Forestry Road, the applicant’s Traffic Engineer (Lambert & Rehbein) and Council’s consultant (Beard Traffic Engineering) agree the sealing and widening of the road in accordance with the special conditions of the Infrastructure Agreement, will allow for the road to be used safely at moderate speed.

Odour Covenant
The applicant proposes to register a restrictive odour covenant on the adjoining property titles, which they currently own (124, 146, 172 & 224 Top Forestry Rd). The Infrastructure Agreement binds the owners of the lots to establish the restrictive covenants on title, prior to the commencement of the use and is to remain on title while the poultry farm operates. Council’s solicitor has reviewed the terms of the agreement and considers the special conditions appropriate.

The restrictions relating to each of the properties is summarised in Figure 2 below.

Figure 2 Odour Covenant restrictions on the lots owned by the applicant as part of the Infrastructure Agreement.

Odour Impacts on 185 Top Forestry Road
The applicant provides detailed modelling of odour impacts to 185 Top Forestry Road. The odour modelling did not previously include this house as a sensitive receptor. There is an existing house on this property and owners have lodged a letter of objection against the application (refer Figure 2).

The detailed modelling shows the QLD odour guideline requirements will be met for this house, and is outside the 2.5 Odour Unit contour (2.47 Odour Units).

Requirement for an onsite weather station
A recent submission includes a peer review by Katestone Environmental of the odour modelling. The review finds that odour modelling has been undertaken in accordance with current regulatory practice. However, onsite meteorological data could be assimilated into the meteorological component of the model to ensure its accuracy.

On the 22 October 2015, the applicant’s environmental consultant (MWA Environmental) responded to the submission providing results of an onsite weather station. The station was located on the ridgeline originally for baseline wind data for dust monitoring. The station was then left on the site for nearly 12 months.

While there are some limitations with the use of this wind speed data (as a result of the station being located at 1.8m above the ground compared to 10m in accordance with AS2923), MWA Environmental consider the station can be used as a basis for validating the meteorological component of the odour model predictions for wind.

Taking account of the variations in weather station heights, MWA Environmental conclude that the model and observed wind directions correlate well and capture the key seasonal characteristics and directions, with the observed data considered to validate acceptable performance of the odour model. Council’s environmental consultant (Pacific Environment) agrees with these conclusions.
Assessment against Council’s previous resolution
A detailed assessment against Council’s previous resolution requesting further information is included below.

Identify measures to mitigate dust nuisance for residents living along Top Forestry Road and minimise road maintenance requirements such as sealing Top Forestry Road;

The applicant seeks to enter into an Infrastructure Agreement with Council for the sealing and widening of Top Forestry Road, at their expense. The sealing of the road will mitigate dust nuisance from trucks and minimises maintenance requirements for Council.

The Infrastructure Agreement requires a minimum overall pavement depth of 200mm, which is likely to result in a design life of more than 20 years. Council’s Civil Operations Manager indicates that if the road was to remain unsealed, there would be an increased maintenance cost to Council for grading & resheeting due to gravel loss under the traffic loads.

Confirm whether an alternative haul route can be used that does not include the residential streets of Cooroy (Maple Street and Crystal Street) and is suitable for heavy vehicles;

The preferred haul route for poultry vehicles is to/from the Bruce Highway via Top Forestry Road, Old Ceylon Road, Cooroy-Belli Creek Road, Maple Street, Crystal Street and Myall Street. The applicant’s traffic engineer reviewed two alternative haul routes included within Figure 3 as the ‘Old Ceylon route’ and the ‘Skyring Creek route’.

Figure 3 Haul Route options.

The alternative options are not considered a viable and/or reasonable alternatives for the following reasons:

Alternative Haul Route Options	Comments
Skyring Creek Rd route	Additional 19km of travel each way; Includes a section of winding, one-lane roadway with steeper graded sections; Likely to require additional upgrades to the road network.
Old Ceylon Rd route	Includes a 3km section of winding, one-lane unsealed roadway with steep graded sections of a lesser standard to Top Forestry Road; Likely to require additional upgrades to the road network.

Council’s consultant (Beard Traffic Engineering) agrees with the applicant’s assessment and considers the proposed haul route the most appropriate.

Confirm whether chicken pick-up times can be limited to day time only (6am to 7pm);

The applicant indicates the meat chicken provider (Inghams) will endeavour to limit pick-up times to day time only (6am to 7pm), however, there may be times when pick-up will need to occur outside this period.

“Inghams can, and will always try to work in for 6am, however if birds are required earlier, they would need to schedule earlier”. (Quote from an Ingham’s representative speaking to Councillors at a site inspection at a poultry farm in Beaudesert, September 2014).

Chicken pick-up days are predicted to occur 5 times during each 63 day cycle (29 days a year). On these days, trucks are expected to catch-out over a 10 hour period and include 26 heavy vehicle movements (see Figure 4).

Figure 4 Total vehicle movements for each day of the batch cycle.

Based on previous compliance with poultry farms, The Department of Agriculture and Fisheries (DAF) considers noise from the chicken pick-ups could potentially cause environmental nuisance, and suggests Council could restrict chicken pick-ups to day time only.

It is apparent that the abattoirs in Brisbane run 24 hours a day and earlier catch out is dependant entirely on their scheduling. Therefore, to address noise concerns along the haul route, a condition is recommended restricting truck movements to between 6am and 7pm.

Identify how unacceptable odour impacts on future residents of 124, 146, 172 and 224 Top Forestry Road may be addressed;

The applicant has signed an Infrastructure Agreement for a restrictive odour covenant to be included on the titles of the adjoining properties 124, 146, 172 and 224 Top Forestry Road. Council’s solicitor has reviewed the terms of the agreement and considers the special conditions appropriate to restrict the development of a house (or transfer any existing house) within the unacceptable odour impact area.

Provide an Infrastructure Agreement that includes all proposed road works and/or maintenance measures to be undertaken to Top Forestry Road to address road, safety, amenity and maintenance issues and where appropriate odour measures for 124, 146, 172 and 224 Top Forestry Road.
An Infrastructure Agreement has been provided for the widening and sealing of Top Forestry Road, and a restrictive odour covenant on the titles of the adjoining properties at 124, 146, 172 and 224 Top Forestry Road (provided as Attachment 2).
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Transport and Main Roads

The Department is a concurrence agency, as the proposal exceeds the threshold for development impacting on State transport infrastructure (>200,000 poultry). The Department responded by letter dated 13 December 2012 stating it has no requirements.
Advice
Powerlink

Powerlink is an advice agency for matters associated with the Eerwah Vale Transmission Line Corridor. It provided advice on the 20 December 2012 stating that all buildings shall not extend into their electricity easement area, and the proposed gravel road within the easement shall maintain a minimum 20m separation from the edge of Powerlink’s structure footings.
Third Party Advice
Department of Agriculture, Fisheries and Forestry

The Department does not have any formal role in the assessment of this application. At the time the application was made in 2012, it involved prescribed Environmentally Relevant Activity 4 - Poultry Farming (ERA), for which the administration and enforcement was devolved to Council.

On the 31 March 2013, the State Government introduced the Greentape Reduction Act 2012, resulting in the administration and enforcement of this ERA being devolved to the Department of Agriculture and Forestry (DAF). This means Council will no longer be responsible for enforcement of the ERA if it becomes operational.

The Department was asked to provide comment on the development and draft ERA conditions for approval. The Manager for Environmental Regulations for Animal Industries visited the site and undertook a general assessment of the risks.

The Department responded on the 16 October 2015, with general comments on the proposed ERA conditions of approval. General conclusions were also made that the overall risk of environmental harm from air, water and waste were considered to be low, while noise impacts associated with chicken pick-ups considered potentially high.
Public Notification
The application was publicly notified for 15 business days in May 2013. 12 properly made submissions were received at the time. A further 214 not properly made submissions were received after the advertising period, including four petitions.

Two of the petitions are in support of the proposal totalling 198 petitioners, including 53 that live near the haul route. The other two petitions object to the proposal, totalling 723 petitioners, including 220 that live near the haul route.

The following table provides a summary and assessment of the issues in the most recent submissions raised since the last Council report in September 2014.

Issues	Comments
Odour Concerns
The detailed odour modelling fails to include five sensitive receptors within the 2.5 Odour Unit contour. One of these (the dwelling at 185 Top Forestry Road) is not owned by the applicant and is very close to the contour.	The applicant seeks to enter into an Infrastructure Agreement with Council for a restrictive odour covenant for the adjoining properties that the applicant owns within the 2.5 odour unit contour. Detailed modelling confirms Council consultant’s previous advice that the sensitive receptor at 185 Top Forestry Rd is outside the 2.5 odour unit contour.
Odour Modelling Deficiencies Insufficient odour modelling of all emission sources. Does not show the 20, 10 and 5ou contours. The results are derived from a model based on vertical stack emission dispersion rather than poultry shed horizontal dispersion. The modelling assumes a ‘best-practice’ K factor of 2.2, although the development’s location and shed siting and orientation do not demonstrate industry ‘best practice’.	Council’s environmental consultant has reviewed all of the assumptions, criteria and meteorological data built into the odour modelling and consider them to be appropriate for the proposed location of the potential odour sources.
The modelling did not use site-specific weather and topographic data. There is no known observed meteorological data to enable validation of the modelled meteorology. Given the complexity of the terrain, it is recommended that a meteorological station be installed on-site to allow an evaluation of the modelled meteorology.	The applicant’s environmental consultant (MWA Environmental) provided results of an onsite weather station. There are some limitations with the use of this wind speed data, however consider the station can be used as a basis for validating odour model predictions for wind. MWA Environmental conclude that the model and observed wind directions correlate well and capture the key seasonal characteristics and directions, with the observed data considered to validate acceptable performance of the odour model. Council’s environmental consultant (Pacific Environment) agrees with these conclusions.
The development site is located in a valley, where inversions occur throughout the year. Since inversions are known to concentrate emissions, change dispersion patterns, and suppress and delay dispersion.	Council’s environmental consultant indicates that inversions are included in the odour modelling, and are referred to as the ‘mixing height’. The meteorological model CALMET calculates them for the subject site for every hour of the year.
Traffic Concerns
Noise along haul route will affect amenity.	Noise associated with trucks using the haul route during regular sleeping hours is likely to adversely impact the amenity of nearby residents. A condition is recommended for heavy vehicle movements along the haul route are limited to between the hours of 6am until 7pm, 7 days per week.
Adverse impacts of hauling organic waste from the chicken farm through the town of Cooroy.	Transport movements of organic waste are expected to occur at the end of the batch cycle (once every 9 weeks). A condition is recommended for heavy vehicle movements along the haul route are limited to between the hours of 6am until 7pm, 7 days per week.
The proposed haul route is unsuitable for the development’s traffic volumes, vehicle types and schedules in terms of safety, maintenance and noise impacts.	Council’s traffic consultant considers the proposed haul route is acceptable from a traffic engineering perspective. To address noise concerns, a condition is recommended for heavy vehicle movements along the haul route are limited to between the hours of 6am until 7pm, 7 days per week.
Road safety upgrades and maintenance has not been addressed.	The applicant has signed an Infrastructure Agreement for the sealing and widening of Top Forestry Road to address the safety, maintenance and dust nuisance issues.
Dust Concerns
Pollution of Blackfellow Creek and the Mary River from shed dust	DAF consider the risk associated with the release of fugitive dust emissions will have a low environmental impact. The ERA conditions require a Site Based Management Plan to regularly monitor and review environmental performance.
Dust impacts on health	The dust impact has been appropriately modelled and meets the recommended standards. Council’s environmental consultant considers the modelling to be consistent with that seen elsewhere (i.e. the predicted dust levels require a smaller buffer than that required for odour).
Other
The devaluation of neighbouring properties.	This is not a relevant planning matter, with the assessment focussing on whether the impacts are acceptable for the area.
Pollution of Blackfellow Creek from Erosion from Cut and Fill	Detailed erosion and sediment control measures will be incorporated into subsequent Operational Works applications.
Biosecurity risk in emergency disease situations	These matters are regulated by the Department of Agriculture and Fisheries (DAF) and Biosecurity agencies, and not local government. DAF recommend a suitable condition be included on the ERA for a site based management plan addressing contingency planning requirements associated with biosecurity risks.
Visual Amenity impacts – with any plantings unlikely to grow to a height that will screen the sheds	Conditions are recommended for the sheds to be finished in suitable colours, with a suitable mix of vegetation and densities around the perimeters of each shed to screen their bulk. A detailed Operational Works application is required for earthworks and landscaping.
Does not meet the Overall Outcomes of The Noosa Plan’s Mary River Catchment Locality Code.	Animal Husbandry Type 2 (Intensive Poultry Farm) is a consistent use within the Rural zone, subject to impact assessment and must demonstrate that the selected site is suitable, and impacts can be appropriately managed.
conclusion
The report provides an assessment of the most recent information for an application for a 230,000 bird poultry farm at 136 Top Forestry Road, Ridgewood. Animal Husbandry Type 2 (Intensive Poultry Farm) is a consistent use within the Rural zone, subject to impact assessment and must demonstrate that the selected site is suitable, and impacts can be appropriately managed.

It has been three years since the application was lodged, and has often changed with regards to bird numbers, shed litter disposal, odour impact assessment modelling, traffic impact and volumes, shed synchronisation and upgrades to Top Forestry Road for heavy vehicle use. Because of the numerous changes and the perceived impacts of a farm of this scale, Council has received over 226 submissions over this period (including two petitions of support, with 198 signatories; and two petitions objecting, with 723 signatories).

In November 2014, Council deferred consideration of the application and requested the applicant address traffic and odour impacts by providing an infrastructure agreement, and provide further clarification about the haul route and chicken pick-up times.

In October 2015, the applicant responded by providing an Infrastructure Agreement detailing proposed upgrades (including sealing and widening) to Top Forestry Rd, and a restrictive odour covenant on the adjoining properties currently owned by the applicant.

Council’s traffic consultant considers the sealing and widening of Top Forestry Road will allow for the road to be used safely at moderate speed, as well as reducing Council’s maintenance. Council’s solicitor is also accepting of the restrictive odour covenant to bind the adjoining properties within the unacceptable odour impact area so as not be used as a house (or transfer of any existing house), while the poultry farm is operational.

While the Infrastructure Agreement overcomes the outstanding key issues of traffic and odour, the applicant has not adequately addressed how the impacts on surrounding residents living along the haul route are to be mitigated. This is a concern, with the Department of Agriculture and Fisheries (which manage the compliance of poultry farms) considering the noise impacts from chicken pick-up times to be high, especially during night time operations.

To minimise these impacts on the lifestyle and amenity of residents on the haul route, a condition is recommended restricting truck movements to between 6am and 7pm. The application is therefore recommended for conditional approval, subject to Council entering into the Infrastructure Agreement to secure the proposed road upgrades, and a restrictive odour covenant is included on the title of the adjoining properties.

Departments/Sections Consulted:

	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
		x	Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development	x	Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources	x	Strategic Land Use Planning		
	Sustainability				

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	10 NOVEMBER 2015

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RIDGEWOOD
Noise and Air Quality
Impact Assessment
Proposed Foutry Growing Sheds
‘20 Top Forestry Road Ridgewood

SURROUNDING
RESIDENCES

 


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it

172 - Must not be used for a
house.

124 & 224 - The area covered by
the 2.50u contour must not be
used as a house & the area
outside of the buffer not to be
used in association with the
poultry farm.

146 - The existing house may
only be used by the applicant
and/or successors in title while
the poultry farm is in use.

 


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