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Material Change Of Use Application For A Self-contained Rv Stop Situated At 17 Mary River Rd, Cooroy - MCU15/0003

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MATERIAL CHANGE OF USE APPLICATION FOR A SELF-CONTAINED RV STOP SITUATED AT 17 MARY RIVER RD, COOROY - MCU15/0003

Document information

Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU15/0003

Attachments	1.	Locality Plans
2.	Detailed Site Plan
3.	Flood Modelling
4. 	Car Club Area Submission

APPLICATION DETAILS
Applicant	Noosa Shire Council
Proposal	Development Permit for Material Change of Use for a Self-Contained RV Stop MCU15/0003
Properly Made Date	12 January 2015
Information Request Date	30 January 2015
Information Response Date	3 March 2015
Notification Period	10 March 2015 – 1 April 2015
Decision Due Date	1 June 2015
Number of Submissions	18 Properly Made Submissions (17 support & 1 objection)

PROPERTY DETAILS
Property Address	17 Mary River Rd, Cooroy
RP Description	Lot 1 on SP242414
Land Area	16.43 ha
Existing Use of Land	Combined Coast Car Club (clubhouse and toilets) and Cooroy Horse & Pony Club (clubhouse, stalls and arena)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald Locality
Zone	Split zoning (Open Space Recreation, Community Services, Rural & Industry)
Overlays	Biodiversity (Environmental Protection & Riparian Buffer) Natural Hazards (Medium Bushfire)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 26 May 2015 regarding Application No. MCU15/0003 for a Development Permit for a Self-Contained RV Stop & Waste Dump Point situated at 17 Mary River Road, Cooroy and:
A.	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
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/Document Name	Date
02	-	General Arrangement Plan drawn by Noosa Council	06/02/2015
Nature and Extent of Approved Use
No more than 40 Recreational Vehicles (RVs - caravans, motorhomes or the like) may stay at the site at any one time.
Visitor stays shall not exceed 4 consecutive nights.
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.
Waste
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including but not limited to –
A paved waste storage area within the proposed waste dump point.
The waste storage area being large enough to accommodate a minimum 2 x general waste and 2 x recycling bins.
The number and type of waste and recycling bins being increased as occupation increases.
The location not impeding the access and turning path of collection vehicles.
The existing sealed and unsealed access road and turning area of the dump point must be regularly maintained to allow collection by refuse vehicles.
All RVs shall be fully self-contained and must retain all grey water and black water.
No on-ground release of grey water is permitted.
Signage shall be installed providing clear instructions for the correct use of the waste dump area.
To assist in deterring illegal waste dumping in the publicly available waste dump area, appropriate warning signage is to be installed near the entrance.
Disaster Management
The RV stop shall be managed in accordance with the ‘Cooroy RV Stopover Area Disaster Management Plan’ prepared by Noosa Council and dated 3 March 2015.
To ensure the safety of visitors, the site must be managed by an on-site caretaker.
Visitor Education
Visitors must be advised of the following requirements:
No on-site release of grey water or other waste;
Location of nearest dump point and potable water supply;
No open fires are permitted;
All dogs must be on a leash when walked in the area and must be restrained at all times during the stopover period;
Owners must pick up their dog’s faeces;
Consideration be given for residents and road users when walking in the area; and
Noise must be minimised after 8.30pm.
Lighting
Lighting associated with the use must be designed, sited, installed and tested to comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive effects of outdoor lighting”.
ENGINEERING
Site Access and Driveways
The vehicle access road, passing bays, access driveways and waste dump point must be constructed in accordance with the approved plans. These works must be completed prior to the commencement of the use.
The vehicle access road, passing bays, access driveways and waste dump point must be maintained by the operator to a standard suitable for the intended use.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the planning scheme:
The development helps address the need for low-cost accommodation for self-contained RV travellers within walking distance to Cooroy town centre.
The development will provide economic and community benefit through increased visitation to the Noosa hinterland.
The development provides for the efficient use of Community Services zoned land, whilst not having any significant adverse impacts on existing users of the site.

REPORT
PROPOSAL
The application seeks approval for a Material Change of Use for a Self-Contained RV Stop to accommodate up to 40 self-contained vehicles at 17 Mary River Rd, Cooroy. A public RV waste dump point also forms part of the proposal.

A self-contained RV has sleeping and cooking facilities, toilet, shower, drinking water and the ability to carry waste. Only fully self-contained RVs up to 12.5m in length are proposed to use the site, with larger rigs excluded due to the potential to damage the ground surface. The maximum number of nights any travelling RV will be permitted to stay at the stopover is 4.

The RV stop is to occupy a 2.1ha area, located within the south eastern corner of the site, adjacent to the Cooroy Sewerage Treatment Plant and the Lower Mill Road industrial area. A locality and detailed site plan is included as Attachments 1 & 2.

The RV stop is divided into 2 RV parking areas. The northern area can accommodate up to 11 RVs near the existing creek and bushland, accessed via an existing driveway adjacent to the proposed waste dump point. The southern area accommodates up to 29 RVs and is accessible via an existing driveway near the existing car club and amenities buildings along the site’s southern boundary.

Minor earthworks are proposed to upgrade the internal access roads and accommodate the dump point. A registration information booth is proposed near the entrance to the stop. It is also noted that no electricity is proposed to the RV stop. A general arrangement plan for the proposed RV stop is provided as Figure.1.

Figure.1 General Arrangement Plan

Noosa Council is the owner of the land and applicant for the development. The site is currently being used by the Combined Coastal Car Club, and the Cooroy Horse and Pony Club.

Two options for the management of the RV Stop are proposed, being either an on-site caretaker; or local community groups managing the stop from offsite. The management of the park involves ensuring fees are paid, managing the type of vehicles, their length of stay, maintenance of the grounds and assist vacating the site at short notice during flooding and other hazard events.
site details
Previous Council Resolutions
Site Selection
At its Ordinary Meeting on 28 August 2014, Council resolved to note the report by the Executive Officer relating to the provision of a recreational vehicle (RV) stopover area, waste dump point and associated facilities at Cooroy, and request staff to:

Enter into formal negotiations with the Combined Coastal Car Club to allow for a 12 month trial for an RV Stopover utilising the open space included in the Club’s permit to occupy over part of Lot 1 SP242414, 17 Mary River Road, Cooroy;

Submit an application for material change of use to allow temporary use of the site for up to 2 years by fully self-contained compact recreational vehicles (excluding big rigs over 12.5 m in length), subject to satisfactory arrangements being made with the Combined Coastal Car Club;

Develop a detailed minimum design and associated estimate of costs for a waste dump point and associated facilities to be located within Lot 1 SP242414, 17 Mary River Road, Cooroy (as per Figure 2 outlined in the report), together with associated directional and user signage with a view to a request for funding being submitted to the quarterly budget review process to allow construction to occur during 2014-15;

Prepare a feasibility assessment of the project to ensure that all financial and risk issues are addressed including the approach to the management model for the 12 month trial; and

Investigate options and estimated costs to provide parking spaces for long “recreational” vehicles in close proximity to Cooroy town centre and revisit usage of the Council freehold land opposite Cooroy Library for an interim parking area for longer vehicles until a permanent solution can be implemented.

The application was submitted to comply with item B of Council’s previous resolution, though it is noted the development application is for a permanent development approval, not a temporary use for up to 2 years as indicated in the resolution.

Proposed Scheme Amendments
At its Ordinary Meeting on 28 August 2014, Council resolved to amend parts of The Noosa Plan to create more opportunities to attract and accommodate the growing “grey nomad” market, particularly those travelling in fully self-contained vehicles.
As a result, it was proposed to amend the land use definition of Open Space Type 2 - Camp Ground and Visitor Accommodation Type 2 - Caravan Park to include the ancillary use of parking an RV overnight. The camp ground definition also includes the provision for a “self-contained RV overnight area” which is to be defined as:
“Self-contained RV overnight area means premises used for the parking of self-contained RVs, for a maximum of 4 consecutive nights, where no water is provided and no liquid or solid waste is left or disposed of on site. Self-contained RVs are those that can hold fresh water, greywater and/or blackwater and have on board cooking and sleeping facilities”.
The administrative definition of caravan is also proposed to be deleted and replaced with an administrative definition of RV (Recreational Vehicle) being
"RV means a motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and accommodation. The term includes caravans, campervans, motorhomes, camper trailers, truck mounted camper. The term does not include a cabin or transportable building as separately defined".
The proposed amendments are yet to be signed off by the State Government Minister for formal public consultation.
Existing Approval for Self-Contained RV Stop in Cooroy
On the 18 December 2014, Council issued a development permit for an Undefined Use -Temporary Short-Term Self Contained RV Stop at 154 Holts Rd, Cooroy. The approval was a 2 year development permit for up to 20 RVs with a maximum stay of 4 consecutive nights (MCU14/0060). This RV stop is currently operating.

Background
The Combined Coastal Car Club has a 25 year Permit to Occupy until the year 2028 over part of the site covered by the application (see Figure.2).  The permit recognises the Car Club as the primary occupant but the Club does not have “exclusive” rights to the site. The Permit to Occupy requires them to also accommodate the needs of the Cooroy Horse & Pony Club in making the space available for equestrian activities and parking for a minimum of 10 days per year.

Figure.2 Permit to Occupy Plan

As part of the development application, the president of the Car Club initially included written support for the RV stop, subject to the following:
Any on-site caretaker would be able to access the existing amenities building for personal use, with Council maintaining and cleaning the amenities building and contributing to power and water costs;
Council undertaking mowing and ground maintenance of the open space;
The stopover will be closed to the public when the club holds its annual car show and other events, which requires access to the open space; and
Continual consultation with the club.
The Combined Coastal Car Club has subsequently lodged an objection during the public advertising period (refer to public notification details).
The Pony Club is also supportive of the application, dependent upon their right to continue using the RV stop area 3 times per year for overflow parking when gymkhanas are being held.
Site Description
The 16.43ha site has a split zoning, with the northern portions of the site heavily vegetated and included within the Rural and Industry zones. The southern portions of the site adjoining Mary River Rd are included within the Open Space Recreation zone, while the middle portions of the site, where the RV stopover and dump point are proposed, zoned for Community Services (see Figure.3).

Figure.3 Zone Map
The site is just over 400m to the northwest of the Cooroy Business Centre and is well connected by existing roads and footpaths. The site is also near existing community infrastructure, including the Cooroy library, the Lower Mill precinct and sports fields.
Access to the site is gained via a sealed driveway from Mary River Road. The site is currently used by the Car and Pony Clubs, with the Pony Club having an existing clubhouse, stables and dressage arena within the western portions of the site. The Car Club has an existing clubhouse and amenities building located just to the east of the access driveway. There are no Council records for the approval of any other buildings on the site.
The site is flat and includes a minor drainage line traversing the site from the south-western corner. This drainage line meets up with the Cooroy Creek (tributary to the Mary River) in the heavily vegetated middle and northern portions of the site. The proposal does not require removal of any existing vegetation or require earthworks to change any existing drainage lines on the site.
Surrounding Land Uses
Adjoining the site to the west is the Cooroy sewerage treatment plant. The plant was upgraded in 2010, with the aeration and settlement ponds located just over 100m away from the proposed RV stop.
Adjoining the site to the east is the Lower Mill Rd industrial area. There are three existing industrial sheds which adjoin the RV stop, including a lawnmower repairs and sales business, a steel fabricator and building manufacturer (Ritek prefabricated roof and wall panels). A 2m wide drain adjoins a 2m high chain wire fence along the property boundary to the industrial sheds. There is also a 2m-3m wide vegetated buffer along western boundary to the Ritek factory.
To the south of the proposed RV stop are 4 existing houses, a vacant industrial lot and a building company storage yard all fronting Mary River Rd. The application proposes a 30m buffer distance to the existing residential houses, with no RV parking within the buffer to the property boundaries.
Adjoining the RV stop to the north is a large bushland area forming part of the site.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
the Planning Scheme for the local government area;
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposed urban activity is consistent with the regional policies of the Regional Plan and the interim development assessment provisions of the State Planning Policy.
Statutory Instruments – Planning Scheme
Locality Provisions
The subject site is located in the Cooroy and Lake Macdonald locality and has a split zoning. The proposed undefined use for a Self-Contained RV Stop is to be located entirely within the Community Services zone and is subject to impact assessment.
Cooroy currently has no caravan park or camping facilities within its urban area. The submitted planning report describes the need for a Self-Contained RV Stop in Cooroy, with the caravan, motorhome and camping industry reporting to be the fastest growing domestic tourism sector in Australia for the last 10 years.
While Council recently approved a similar RV stopover at Holts Road (located over 2km from the Cooroy Township), advice from the Campervan & Motorhome Club of Australia indicates there is sufficient latent demand for further facilities closer to town. Furthermore, the provision of this facility will provide users with a choice of two quite different RV stops, as outlined below.

Holts Road Facility	Council Facility
20 designated 20m x 10m sites, and able to cater for bigger rigs (>12.5m in length)	40 informal 13m x 6m wide sites catering only for rigs <12.5m in length.
Has sealed internal access roads which will appeal to many users particularly during wet periods.	Is informal in nature with sites not being designated and no internal access roads.
Is within a rural environmental with attractive views of the surrounding area and good separation from neighbours.	Is within an urban environment adjoining industrial uses and a sewerage treatment plant, and is a short 500m walk to the nearest shops.
Is flood free so should have all year availability.	Will be closed for periods due to ground saturation and the need to accommodate the Car Club and Pony Club.
Caretaker living in a residential house on-site	Either community groups or on-site caretaker manages the site.
Does not have any waste disposal facility which means users have to de-camp if they need to empty holding tanks	Will provide a waste dump point.
Costs $5 per person per night	Proposed costs $5 per person per night
It is further noted that proposed amendments to the planning scheme will result in the RV stop considered as an Open Space Type 2 - Camp Ground, which is a consistent use within the Community Services zone, also subject to impact assessment.
There is a known need for such a facility within Cooroy and the proposed development makes efficient use of the land for visitors, when not utilised by the existing recreational clubs, consistent with the Locality Outcomes.
Land Use & Works Provisions
In assessing whether the development is compatible with surrounding uses, the following land use and overlay codes are most applicable to the application:
Community Uses Code
Visitor Accommodation Code
Engineering Works Codes
Natural Hazards (Flooding & Bushfire) Overlay Code
The pertinent issues arising out of the assessment against the codes are discussed below:
Amenity
The outcomes of The Noosa Plan seek to ensure visitor accommodation is compatible with surrounding land uses and suitable to the needs of visitors.
The closest residents are located along Mary River Road and there is more than a 30m buffer between the RV stop and the existing residential boundaries. Impacts on these neighbours will therefore be minimal. Conditions are proposed to address noise, light and on-site management.
Directly to the east and west of the proposed RV stop are a sewerage treatment plant and a steel fabricator. Both existing uses have the potential to create noise, fume and odour impacts on the RV stop.  While the site does not have the most ideal neighbours for a visitor accommodation use, the proposed RV stop is for short term stays only (max 4 days) and the mobility of guests, means they have the option to relocate in a relatively short time frame, if the visitors experience a nuisance.
Flooding
The site is affected by overland flows during significant rain events. Flood modelling suggests during a 2yr ARI the northern section of the site will be subject to inundation, and during a 10yr ARI the entire site is inundated (See Attachment 3). Due to the regular flooding occurrences on the site, the proposal anticipates the northern section of the RV stop (11 RV sites) will be closed for most of the ‘wet season’.
A site specific disaster management plan has been developed for flood hazard events. The plan was developed by the Noosa Local Disaster Coordinator and is to be reviewed annually. Many of the actions of the disaster management plan require urgent responses to flooding hazards.
The application suggests options for either on-site or off-site management of the RV stop. However, in reviewing the disaster management plan, it is apparent the ‘least risk’ option for Council is to have an on-site caretaker, able to assist in managing the site and users at short notice (especially during flood events).
A condition is therefore recommended for the development to be carried out in accordance with the disaster management plan, and the requirement for an on-site caretaker to manage the RV stop, ensuring the immediate safety of visitors during hazard events.
Conditions are also recommended to ensure adequate waste disposal infrastructure, including a reflux valve and lids to prevent contaminants escaping during flood events.
Bushfire
The bushland to the north of the RV stop is mapped as a ‘medium’ bushfire hazard area by the Natural Hazards Overlay code. The disaster management plan requires ongoing contact between QLD Fire & Emergency Services (QFES) and the responsible park manager/caretaker regarding any potential bushfire within a 10km of the site. It is then their responsibility to direct users to leave the site and close the facility. This action planning will ensure that the use does not compromise the safety of people from bushfire, consistent with the outcomes of the code.
Access
The access to the site is via the existing driveway. The existing formation consists of a 3.75m seal with gravel shoulders. The access is in reasonable condition.
Two passing locations have been identified along the main access driveway. These passing bays provide sufficient area to cater for the two-way movements of the expected RVs. The northern end of the driveway (the turn-around area, waste dump point and access to the northern part of the site) is currently constructed with a loose gravel formation. The submitted plans include improvements (compacting gravel base, fencing to the edge of the existing culvert, and gate) to this part of the access driveway.
Stormwater
As there are no buildings proposed and the extent of new access driveway works is minimal, it is expected there will be no perceivable change to the current stormwater runoff patterns.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of State Development, Infrastructure and Planning
The Department is a concurrence agency for Public Passenger Transport & Railways matters. The Department responded on the 13 February 2015 indicating they have no requirements relating to the application.
Other Referrals
The application was forwarded to the following internal Council specialists:
Executive Officer;
Coordinator Engineering Assessment;
Environmental Health Officer;
Local Disaster Coordinator;
Community Development Officer
Environment Officer; and
Principal Strategic Planner.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Eighteen (18) properly made submissions were received. Seventeen (17) of the submissions support the application and are from a mix of local residents, RV owners from across Australia, local businesses and community groups.

One (1) submission was received on the last day of advertising from the Combined Coastal Car Club withdrawing their letter of consent and objecting to the development application. The following table outlines the Club’s concerns with a further response provided by Council’s Executive Officer:

Concern	Response
The original letter of support was signed in good faith with the understanding the football field and northern area was all that was to be used. The application shows an increase from 19 RVs using the site when the club signed the letter, to the current application with 40 RVs.	Initial discussions with the Club were around a smaller area being used (northern end only) to accommodate up to 15 vehicles. At its meeting on 28 August, 2014 Council amended its approach to include all the open space within the Car Club’s permit to occupy area (including the football training field). Further discussions occurred between the Club and a Council officer that did not reflect the Council decision.  This was subsequently clarified by way of letter dated 10 November, 2014 to which the Club signed consent.  The letter also provided a copy of the report and Council minutes from August, 2014. There is no mention in the report to Council or the letter dated 10 November of the use being restricted to 19 sites.
The proposed passing bay  and information/registration shelter adjacent to the clubhouse should be relocated closer to the northern access point, as it will interfere with the existing parking areas.	There is no plan to construct a passing bay near the Clubhouse. The plans demonstrate there is an existing travel path that would allow 2 vehicles to pass if necessary. Parking can still occur in this area, which is located outside the fenced area of the Car Club. The proposed registration booth has been located near an existing overhead power pole so a light can be provided for late arrivals to highlight rules for use of the RV Stop.  It will have minimal impact on any parking that may occur in this location.
The club needs exclusive use of the southern access and land in front of the clubhouse and cannot operate with the RV stop in the same area (see Attachment 4).	The Permit to Occupy clearly states that “the Club does not have exclusive use of the portion of land and facilities, however is recognised as the Primary Occupant of the Premises and as such the scheduling and maintenance needs of the Club will take priority over other user groups” As outlined in the application and in discussion with the Club, Council will continue to honour the permit to occupy and work with the Car and Pony Clubs to ensure block-out periods are applied when they have “events” or other needs for the space. It is highly desirable that the area designated in the application is retained to manage ground conditions, undertake rotation for site mowing, provide for the occasional larger groups, and to ensure safe ingress/egress from the site when there is wet whether/flooding. The Car Club estimates they use some or all of the area under the permit to occupy up to 40-45 times per year. The permit requires them to make it available for a minimum of 10 days per year for the Pony Club for parking only (total 55 times per year). This means the site is un-used for up to 300 days a year or 82% of the time.  It would seem unreasonable to have community land under-utilised for such an extended part of the year when management arrangements can be put in place to ensure the needs of all users can be met.
conclusion
The proposal is for a Self-Contained RV Stop accommodating up to 40 RVs and a public waste dump point on Council owned land at 17 Mary River Rd, Cooroy.  The development area is wholly within the Community Services zone, involves minimal building or earthworks and is to be managed so as not to impact on the existing local community/sporting groups which also use the land.

During the notification period, there was notable support for such a facility within walking distance of Cooroy. The submissions also note the economic and community benefit with increased visitation to the Noosa hinterland. This support correlates with the known need to provide such a facility close to town.

While the neighbouring uses are not ideal for a visitor accommodation facility (being located between a sewerage treatment plant and heavy industries), the use is for mobile travellers staying for a maximum of 4 days only. The use is otherwise generally compatible with the existing community uses on the site.

The site is substantially affected by flooding, with large parts of the site inundated during small-medium rain events. A site specific disaster management plan has been developed to address the issue, with many of the actions of the plan requiring urgent responses to flooding events. The ‘least risk’ option for Council is to have an on-site caretaker, who will be able to assist in managing the site and users at short notice.

A number of grounds have been identified to support the development, which are listed within the recommendation. The application is recommended for approval, subject to conditions.

Departments/Sections Consulted:

X	Community Services	X	Planning & Infrastructure
X	Disaster Management & Public Order		Building & Plumbing Services
X	Waste & Environmental Health	X	DA Planning
X	Community Facilities	X	Strategic Land Use Planning
	Cultural Facilities	x	Asset Design & Investigations
			Asset Planning
			Civil Operations
		X	Environment
X	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	26 MAY 2015

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Locality Map

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