Pre-Req Response Notice for Permissible Change 132006.268.03

Officer: 	Patrick Murphy
Direct Telephone: 	07 5329 6436
Our Reference:	132006.268.03
Your Reference:	131001 Minor Change 121017 mh
18 January 2019
Noosa Beverages Pty Ltd
Trading As Wimmers
C/- Adams Sparkes Town Planning
PO Box 1000
BUDDINA  QLD  4575
[email protected]
Dear Sir/Madam
Pre Request Response Notice to Proposed Minor Change to Existing Approval Granted by the Planning & Environment Court - Appeal 318 of 2018
I refer to your request received 12 October 2017 for a pre-request response notice in respect of a change to an existing approval granted by the Planning & Environment Court. On 17 January 2019, Council completed its consideration of your request.
Please note that to change your approval, you must make an Originating Application to the Planning & Environment Court.
In relation to the request, you are advised that:
A.	Council does not support the proposed change to increase truck numbers as:
The proposed changes do not constitute a minor change under the Planning Act 2016 as the changes would result in a substantially different development.
The proposal would have a detrimental impact on Cooroy Mountain Road and the residential amenity of properties along the truck route.
The proposal is not consistent with the Cooroy and Lake Macdonald Locality Code as it would have adverse impacts on the amenity enjoyed by users of adjoining and nearby properties.
B.	Council would support a change to the development approval subject to additional conditions 5B, B1, B2 and B3 being included and condition 5C, 8 and 9 amended as follows:
5B.	Prior to the Council completing the staged upgrade works to Cooroy Mountain Road, weekly trucks shall be limited as follows:
40 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but excluding B-Doubles) per week;
20 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
5C.	After the Council has completed the staged upgrade works to Cooroy Mountain Road, weekly trucks shall be limited as follows:
50 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but excluding B-Doubles) per week;
25 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
Note: The road upgrade referred to is the upgrading of the remaining 2.2. kilometres of Cooroy Mountain Road to provide two (2) 3.5 metre wide traffic lanes with a 1.0 metre wide sealed shoulder to a total formation width of 9.0 metres.
The applicant must undertake improvement works to the existing site access to Cooroy Mountain Road to the reasonable satisfaction of Council.  The intersection between Cooroy Mountain Road and the site access must be designed and constructed to provide safe turning areas for the vehicles likely to use the access and passing opportunities for other road users. The works must:
be generally in accordance with drawing number R01 - Revision C prepared by Barlow Shelley Consulting Engineers dated 20 December 2018,
be designed and constructed in accordance with the most recent edition of the Department of Main Roads Road Planning and Design Manual and The Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and Earthworks, and
the internal driveway at the access point must be widened sufficiently to ensure that all vehicles exiting the site and travelling west can remain on the southern side of the centreline of the improved Cooroy Mountain Road.
The full extent of the driveway from Cooroy Mountain Road to the loading area of the facility must be sealed, designed and constructed in accordance with AS/NZS2890.1-2004, AS2890.2-2002 and The Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and Earthworks. The driveway shall be designed and constructed to grades that prevent vehicles from scraping and/or bottoming. Should any driveways be constructed to grades that do not comply with ASINZS2890.1:2004 and AS2890.2-2002, Council will require that the driveway be removed and reconstructed to levels that do comply.
B1.	The road reserve opposite the site access must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
An accurate account of trees removed for the works including species, amount of visual dominance in the landscape and approximate age.
Replacement planting of trees removed must have a minimum pot size of 45L.
landscaping treatment to the northern road reserve including the provision of advanced tree stock of local native species to provide and maintain visually the rural nature of the road corridor.
A 36 months maintenance program to ensure the growth of the replacement plantings.
B2.	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.
B3.	All landscape works must be maintained generally in accordance with the approved design for the life of the development.
C.	Council also resolved to refer the proposed upgrade of Cooroy Mountain Road and Topaz Street to the Director of Infrastructure Services to determine the timing of the upgrade works within the 10 year Capital Works Program.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Encl:	Attachment A – Proposed changes to Court Approval
DECISION NOTICE HISTORY
Original Decision Notice – 6 March 2008.
Negotiated Decision Notice – 11 November 2008, with an amendment to conditions 8, 9 & 17 and refuse to change 5 & 16
Pre-Request Response Notice – 17 January 2019

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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