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AGENDA
General Committee
Meeting
Monday, 28 April 2014
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton,
Joe Jurisevic, Frank Pardon, Noel Playford, Frank Wilkie
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Full text of the other 63 sections
Section 2
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
ITEMS REFERRED FROM INFRASTRUCTURE & SERVICES COMMITTEE 3
ITEMS REFERRED FROM PLANNING & ORGANISATION COMMITTEE 3
REPORTS TO GENERAL COMMITTEE 4
1. WASTE STRATEGY OPTIONS DEVELOPMENT – PROJECT PLAN 4
2. PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF PLANNING &
ENVIRONMENT COURT ORDER (318/2008) FOR A DEVELOPMENT PERMIT
FOR A MATERIAL CHANGE OF USE FOR A RESOURCE BASED SPRING
WATER BOTTLING PLANT (COOROY MOUNTAIN SPRING WATER) AT 314
COOROY MOUNTAIN RD, COOROY MOUNTAIN 26
3. APPLICATION FOR AN EXTENSION TO RELEVANT PERIOD FOR 26
MULTIPLE DWELLING UNITS & AN ACCOMMODATION BUILDING FOR 12
UNITS, SITUATED AT 27 ATTUNGA HEIGHTS, NOOSA HEADS 49
4. APPLICATION FOR MATERIAL CHANGE OF USE – SERVICE AND UTILITY
TYPE 3 (TOWER), SITUATED AT 153 LAKE FLAT ROAD, BOREEN POINT 65
5. APPLICATION FOR AN EXTENSION TO OPERATIONAL WORKS PERMIT
FOR PRESCRIBED TIDAL WORKS – EXTENSIONS OF PONTOONS FOR
MOORINGS 76
6. COUNCIL POLICY – NAMING OF ROADS, PARKS, COMMUNITY
INFRASTRUCTURE & STREET NUMBERING 84
7. ACCOMMODATING RECREATIONAL VEHICLES AND CAMPING IN NOOSA 89
8. INVITATION TO JOIN THE SUNSHINE COAST RIVERS INITIATIVE 101
9. POLICE BEAT – PROPOSED NEW 5 YEAR LEASE 105
10. EXPRESSION OF INTEREST FOR LEASE AT 4 JARRAH ST COOROY 108
11. SHOP 6 SUNRISE NEIGHBOURHOOD SHOPPING CENTRE – 2 X 5 YEAR
LEASE AGREEMENT 111
12. COMMERCIAL USE OF COMMUNITY LAND POLICY 114
13. FINANCIAL PERFORMANCE – MARCH 2014 122
14. QUARTERLY OPERATIONAL PLAN PROGRESS REPORT 128
15. STANDING ORDERS FOR COUNCIL MEETINGS 177
16. CHANGE OF VENUE FOR COUNCIL MEETINGS 198
CLOSED SESSION 200
Page 2 of 200
Section 3
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTENDANCE & APOLOGIES
PRESENTATIONS
10am “Bang The Table” Community Engagement Online System
Ray Scanlan (presenter);
Overview of suite of sophisticated feedback tools, communications and information
resources in one platform gathering rich qualitative and quantitative feedback to
improve real time decision-making.
10.45am Waste Strategy
Ian Christesen, Lloyd Consulting (presenter);
Council has commenced the development of a Waste Strategy and Lloyd consulting
have produced a Waste Management Scoping Study and Project Plan as the initial
stage of the process. An overview of the work will be provided.
ITEMS REFERRED FROM INFRASTRUCTURE & SERVICES COMMITTEE
Nil.
ITEMS REFERRED FROM PLANNING & ORGANISATION COMMITTEE
Nil.
Page 3 of 200
Section 4
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
REPORTS TO GENERAL COMMITTEE
1. WASTE STRATEGY OPTIONS DEVELOPMENT – PROJECT PLAN
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services
Index ECM/Subject/Waste Management
Attachment 1. Noosa Council Waste Options Development Project Plan
RECOMMENDATION
That Council note the report from the Manager Waste and Environmental Health to the General
Committee Meeting dated 28 April 2014 and
A. Note the report from Lloyd Consulting titled “Noosa Council Waste Options Development
Project Plan”; and
B. Authorise the CEO to release a tender and engage a suitable consultant to investigate and
report on the themes identified in report by Lloyd Consulting.
REPORT
In January 2014 Council commissioned Lloyd Consulting (The Consultant) to commence work on
a new Waste Strategy for Noosa Council.
Following a Council workshop with the Consultant on 11 March 2014, Council decided to develop
a Waste Strategy for Noosa titled “Towards Zero Waste”, based on the staged approach which is
summarised below:
Part 1 Options Development
Identification of waste management themes and options for further consideration and
investigation (the current stage under consideration in this report)
Detailed assessment of waste management options (to be tendered in the next stage of the
development of the waste strategy)
Council and community consultation/consideration of options.
Part 2 Waste Strategy and Action Plan
Development of an agreed Waste Strategy and an action plan based on selected options
following community consultation.
Lloyd Consulting has examined Council’s current waste operations and identified 5 themes and a
number of options which are recommended for further investigation, ( as detailed in Attachment 1).
Subject to Council agreeing with the themes identified for further investigation, the next step is to
call a tender for detailed investigation and costing on the identified options.
Following this detailed analysis it is planned that Council will engage with the community in a
discussion on their preferred Waste Strategy outcomes considering the costs involved. Following
this community consultation the Waste Strategy document and action plan will then be
completed.
Ian Christesen from Lloyd Consulting will be attending the Council General Committee meeting
28 April 2014 to present and discuss the themes in more detail.
Page 4 of 200
Section 5
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Previous Council Consideration
18 February 2014 – Presentation to Councillors, staff and Lloyd Consulting by Umur Natus-Yildiz
from LGIS on alternative waste management approaches.
11 March 2014 - Councillors and staff attended a Waste Strategy Workshop with Lloyd
Consulting.
20 March 2014 - Draft Options circulated to Councillors and staff for comment as a preliminary
step in the development of themes for further development in Stage 2 of the Waste Strategy
development.
Finance & Risk
There is no significant financial risk associated with this report. Budget costs for this report are
contained in the current 2013/14 budget.
The next step in the Waste Strategy development involves a further consultancy to explore the
identified themes for further investigation, development and costing.
A budget of $150,000 has been assigned in the draft 2014/15 Waste Management budget for
completion of this consultancy.
The funding allocation will also enable staff to undertake concurrent investigations to provide
supporting information to the consultants such as waste contamination levels in wheelie bins, trial
collection services for glass in commercial areas, undertake water quality investigations at the
landfill and the potential environmental impacts of future strategic initiatives.
No funds have been allocated to community consultation from the waste budget.
Consultation
External Consultation - Community & Stakeholder
No external consultation has been undertaken at this time as the consultants brief was to identify
external stakeholders to be consulted later in the process of developing the Waste Strategy.
Internal Consultation
A draft copy of the consultant’s report was circulated to Councillors and senior staff for comment
20 March 2014.
Departments/Sections Consulted:
x Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 5 of 200
Section 6
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 1
Page 6 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 1
| © man = .
REPORT
Noosa Council
Waste Options Development
Project Plan
Prepared for: Noosa Council
Document No.: 13-889-R-003-B
Date: 23/04/2014
Page 6 of 200Section 7
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 7 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
S lloydconsultin,
environmental services
Noosa Council Waste Options Development Project Plan
DOCUMENT HISTORY AND STATUS
23/04/2014 B Final
DISTRIBUTION OF COPIES
23/04/2014 B E Fox Rogers
Interim Director Community Services
Noosa Council
Email: [email protected]
E Wayne Schafer
Manager Waste & Environmental Health
Noosa Council
Email: [email protected]
By
Lloyd Consulting Environmental Services Pty Ltd
ABN: 35 144 787 002
30 Heather Street
PO Box 320
Wilston QLD 4051
Web: www.lloydconsulting.com.au
P: 07 3352 7300
F: 07 3352 7333
lan Christesen Trevor Lloyd
Project Manager Director
Page 7 of 200Section 8
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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OSection 9
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 9 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
3 lloyd ONSUITING
1.1 Context
Noosa Council (NC) is in the process of establishing key management strategies and
systems that reflect Council’s values and principles across all areas of responsibility.
Effective and efficient waste management is the subject of one of these key
strategies.
Noosa prides itself as an environmentally responsible destination. The Noosa
Council area is a UNESCO listed Biosphere Reserve. Future waste management
practices must strive to be economically and environmentally sustainable in
accordance with the principles embodied in the Biosphere listing. To this end, NC is
developing a ‘Towards Zero Waste’ Strategy (the Strategy}.
Council currently operates the Eumundi Road Recycling and Disposal Facility as well
as smaller transfer stations at Cooroy and Pomona townships. Landfill operations
were first established at the Eumundi Road site in 1984. The site is located in an
area considered suitable for landfill cell construction but is surrounded by areas of
potentially significant environmental value.
Key outcomes of the Strategy will, therefore, include the aim to achieve 2 significant
reduction in the volume of waste sent for disposal at the Eurnundi Road site and to
ensure that any future waste materials disposed of at the site have a low risk of
environmental impact. The waste hierarchy will guide strategic actions, with suitable
resources allocated to the priority areas of waste avoidance and reduction.
Lloyd Consulting | Introduction
Page 9 of 200Section 10
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
S Moydeonsuliine
tetet areaecta! sence
Most Preferable
Least Preferable
To achieve these key outcomes, the Strategy will need to drive significant
improvements in waste avoidance and reduction, as well as improving waste
recycling rates and implementing cost effective waste treatment methods. It is
expected that these outcomes will only be achieved through significant and
sustained community education and involvement.
In order to develop the Strategy, options for achieving these key outcomes need to
be identified and characterised, including cost benefit analyses. The most suitable
options can then be selected by Council and the community for inclusion in the
Strategy. Options will need to be capable of being delivered over the Strategy’s
intended five year period 2015 — 2020.
1.2 Towards Zero Waste Strategy
NC has identified the goals of the Strategy as follows:
1. Significantly improved waste avoidance through effective community
education and engagement.
2, Implementation of leading waste management practices in accordance with
Biosphere principles.
3. Innovative and cost effective service delivery including enhancement and
support of local businesses.
ee Introduction | Uoyd Consulting
Page 10 of 200Section 11
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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S Iloydeoisiiine
eeireacnrety series
To ensure an effective and measured (fact-based) development of the Strategy, NC
has requested a two-part process:
Part 1 (Options Development)
* Identification and assessment of waste management options (i.e. waste practices,
policies and activities), Including cost benefit analysis, to deliver Strategy goals
= Council and community consultation/consideration of options
Part 2 (Waste Strategy and Action Plan)
* Development of agreed Waste Strategy and an Action Plan based on selected
options
1.3 Scope of Project Plan
The present Options Development Project Plan (Project Plan) is limited to Part 1 of
the methodology for strategy development.
The Project Plan is intended to provide a framework for the assessment and
selection of a best value solution for the management of waste in the Noosa Council
(NC) area. The Project Plan presents priority ‘themes’ and associated options, which
have been identified In consultation with Council, and which should form the focus
of the options Gevelopment phase. In addition, the Project Plan indicates NC’s
preferred approach to management (timeframes, reporting, principles, procedures,
etc.) of the options development process. Effectively, the Project Plan presents a
brief for those tasked with Part 1 of the Waste Strategy preparation.
Lloyd Consulting | Introduction SS
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 12 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
S Ioydeonsiine |
row saceettn nenece
NC identified a number of ‘themes’ for priority focus in the Strategy. Through
consultation with Council, and review of current waste management practices and
available reports, specific tasks have been highlighted under each theme to guide
the development of waste management options for assessment.
The following section outlines each of the themes and identified tasks, drawing on
discussions, research, and a workshop with Council. The party (i.e. consultant) tasked
with the options development and assessment would be expected to prepare a
methodology for addressing each task {and any other tasks identified as critical to
the successful delivery of the Strategy), and selecting appropriate options for
appraisal.
2.1 Theme 1 Waste Avoidance
Identification and assessment of options to achieve improved waste avoidance
through community education and engagement
Background: Community engagement and education is an essential element in
providing understanding and support for improvements in the way waste is dealt
with, Community education can range from simply providing information on what
and how to recycle through to engaging with the community and business to tackle
the more difficult and important issue of waste avoidance. To tackle community
education on waste from the top of the waste hierarchy can provide a cost effective
outcome in reducing the volumes of waste collected, treated and disposed of and
extending the life of landfill.
Noosa has four distinct target areas for community education:
1. The general domestic ratepayer
2. Business and industry {in particular high volume generators such as
restaurants, aged care facilities and hospitals)
3. Construction and demolition industry
4. Tourist transient population
Presently Council engages EnviroCom (J Richards} to provide information via school-
based programmes on recycling and waste,
SS Themes for Options Development | Lloyd Consulting
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S Hloydeonsyiin |
tecrewnectal amert
The community and business can be engaged in understanding and deciding on |
options for waste management improvement especially where there Is an additional
cost which would be imposed on the ratepayers. Residents are sometimes prepared
to pay for improved service if they understand the economic and environmental
benefits that will be achieved.
Behavioural change campaigns are often unsuccessful unless they are well resourced
and targeted. Community based social marketing techniques have been proven to be
successful in delivering behavioural change.
Education campaigns can be specifically aimed at the options that Council
determines are its priority. For example if Council wants to reduce the organic
stream to landfill this may become the initial focus of a comprehensive and cohesive
campaign. The “Love Food Hate Waste” successful campaign in the UK and in NSW
could be examined as a model.
The methods for funding education programs need to be examined, and their
respective implications. For example, should waste reduction education be partially
funded through the waste contractor, or from council revenue?
Possibilities should also be explored for collaboration at State Government and
regional levels to facilitate cost benefits through larger scale education programs
using media such as television, radio and publications.
2.1.1 Tasks
Identify and assess options to achieve improved waste avoidance and recycling
through community education and engagement. Options considered should draw on
models of successful community education and engagement campaigns both in
Australia and overseas.
2.2 Theme 2: Organic Waste
Identification and assessment of options for reduction of organic waste going to
landfill
Background: Green waste {i.e, garden materials) and food waste account for
approximately 50% {food waste: 27%; green waste: 22%) of the domestic waste
stream going to landfill In NC, No data Is presently available on the proportion of
commercial organic waste presently going to landfill.
Lloyd Consulting | Themes for Options Development a
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
s lla ad. ot i } S {} fi j i} ad
y ing |
NC offers a voluntary green waste collection service, with fortnightly collection of
240-1 wheelie bins for an annual fee of $75. To date, the service has had minimal
subscription (in excess of 3,000 households participating currently). There is no data
available for the number of households in NC area treating organic waste in-situ,
through home-composting systems. However, anecdotal evidence suggests a
reasonable level of home-composting activity in the region. NC may give
consideration to a mandatory domestic collection service for green waste, possibly in
combination with food waste, in urban Council areas, if there was community
support and if a cost-benefit analysis proved beneficial. However, concerns have
been raised regarding the potential impact of a mandatory system on home
composting activity.
Sunshine Coast Regional Council conducted an organics collection trial in Peregian
Springs and Cooroy. The voluntary opt in trial was conducted on only single
occupancy residential properties in the new housing estate of Peregian Springs
(participation 251 households) and the established housing of Cooroy (participation
220 households). Approximately 20% participants opted out of the trial
A weekly collection of combined garden and food organics was undertaken.
Participants were provided with a 240 L green lid bin, an aerated kitchen tidy and 6
months’ supply of compostable bags.
Organics collection per delivered bin yielded:
* 9.5 kg per week Peregian Springs
* 6.2 kg per week in Cooroy.
Garden organics comprised between 85% and 92% of all materials collected in the
organics bin;
Waste made up between 7% and 15%, The detail of the trial results are in The
Sunshine Coast Organics Collection Trial Summary Report February 2012 — The
Organic Force.
If food waste were to be added to green waste and processed at the Eumundi landfill
a new environmental licence ERA 53 Composting and Soil Conditioner Manufacturing,
would be required. A purpose built facility would need to be readily and cost
effectively established.
It should be noted that NC intends to pursue @ technical review of various aspects of
the Eumundi Road Landfill, including assessing any discharge issue from existing
organic waste processing operations at the site. Options that may change these
operations could adversely or beneficially impact on a discharge issue.
a Themes for Options Development | Lloyd Consulting
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|
‘S Moydevisuline
evrvoeresial services
Presently Council has a contract with ARG on Eumundi Rd landfill! for the
processing/mulching of garden and wood waste. Negotiations are presently
underway for a 1 plus 3 year extension and this provides an opportunity for Council
to improve the present system. It is recommended that Council ensure flexibility in
any contracts entered Into as depending on the options that Council chooses
volumes of green waste may significantly increase and or the addition of food waste
processing may also be required.
Council’s Parks and Gardens purchase soil blends and mulches externally however
understanding their specific needs could allow this internal market to be supplied.
Also, presently, coarse mulch Is given free to ratepayers and fine double grind sold
for $20/m3. There Is no verification that the material has been pasteurised to ensure
that weed spread will not occur from the material. In negotiations with ARG options
for mulch and compost to meet AS 4454 (Composts soil conditioners and mulches)
and AS 4419 (Soils for Landscaping and Garden Use) should be pursued. This will give
greater confidence in the mulch material provided to ratepayers and improve
potential revenue by opening up more market opportunities.
2.2.1 Tasks
* Identify and assess options for decreasing the domestic organic fraction (green
and kitchen) waste going to landfill, such as:
o Raising awareness through targeted education campaigns.
© Extending the present voluntary green waste collection service, including the
option of including food waste. Both voluntary and mandatory options could
be examined. Where food and green waste are collected, appropriate
treatment options must also be considered.
© Increasing the rate of home composting/mulching and other at source
treatment processes for food and garden waste.
= Identify and assess options for options for decreasing the amount of commercial
organic waste (larger point source generators including from major restaurant
precincts) going to landfill;
* Identify and assess options for reducing Council-zenerated green waste sent to
landfill, and creating 2 soil amendment/compost product usable by Council staff
for parks, ete.; and
* Identify and assess options for Increasing the standard and market for mulch
produced at Eumundi Road Landfill.
Lloyd Consulting | Themes for Options Development Be
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Ss llaydoonsus ine
excrewweta! sewens
2.3 Theme 3: Recycling
identification and Assessment of Options for improving Recycling Rates
Background: Over 20% of material in the average NC domestic waste bin could be
easily recycled using the existing recycling bin service. Council presently has In excess
of 25 000 weekly domestic waste collections at approximately 15kg per household
per week being collected and disposed in landfill, With 20% of the domestic waste
bin comprising recyclables, this equates to 75 tonnes of potentially recyclable
material being landfilled each week or almost 4000 tonnes a year.
No waste audit has occurred in Noosa of domestic recycling; however an audit at
Caloundra commissioned by SCC, Assessment of Comingled Recycling Segregation
ond Visual Method Development — May 2013 EnviroCom revealed only 65% of the
contents of the recycling bin could be recycled. Streams not recycled included 2% of
material which was bagged, 14% Glass fines <25mm 8% other fines <25mm.
An audit of commercial recycling bins Sunshine Coast Commercial Recycling
Assessment — January 2011 SCC (EnviroCom) showed a contamination rate of 6.57%,
and process loss rate of 18.68%. The predominant recyclable material categories
were: Recyclable Paper 56.3%, Corrugated Cardboard 33.3%, Newspaper 9.6% and
Magazines 7.5%.Materials which are potentially recyclable but are unable to be
recycled include glass fines, encased/bagged materials, and un-sortable material less
than 25mm in diameter.
Present commercial recycling services for Noosa Council are:
* Commercial 240 litre Waste Bin — 4000
* 1.0m’ Bulk Bin -36
* 2m’ Bulk Bin—12
= 3m’ Bulk Bin - 214
* Commercial 240 litre Recycling Bin — 1265
* Bulk 1100 litre Recycling Bin — 254
(Note: These are services per week as some areas such as Hastings St and possibly
other areas have anything up to daily pickups).
Hastings Street and some other high-density commercial districts are constrained in
the ability to locate bins on-site, require multiple services, and have conflict with
nearby tourist accommodation from truck movements and the noise arising from
early morning collection services.
Themes for Options Development | Uoyd Consulting
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|
S lloydoonsusine |
2.3.1 Tasks
For improving recycling rates including:
* Identification and assessment of options for improved commercial recycling
including the opportunity for a “boutique” collection service in high volume areas
such as Hastings Street.
" Options for decreasing the level of domestic recycling materials in the general
waste bin, and improving correct participation in domestic recycling service.
2.4 Theme 4: Commercial Waste
identification of options for management of commercial waste including review of
Council's collection service
Background: Traditionally Queensland Councils have a legislated obligation to
manage the collection and disposal of the residential domestic waste, Private
contractors usually are involved in providing waste collection services to the
commercial sector.
NC uses its contractor Cleanaway to undertake the commercial waste and recycling
operations.
NC has a monopoly in providing a commercial service but is coming under increasing
pressure to open up the commercial waste streams to the private operators.
Having a monopoly on the commercial system Council has an obligation to ensure it
Is operating at a best practice standard.
The provision of commercial waste services by private operators may have some
benefits for business. There could be potential for an increase in waste collection
truck movements with multiple providers in the market. Presently Council provides
an equivalent sized commercial recycling bin for every general waste bin serviced.
There could be an increase in business not participating in recycling due to cost.
This would need to be balanced by the standard of service council presently provides
in comparison to “best practice”. This could include the provision of waste avoidance
and reduction advice.
2.4.1 Tasks
Identify and assess potential arrangements for the provision of waste and recycling
services to the commercial sector in NC, with particular consideration for possible
financial/other impacts on Council of removing the control of the commercial waste
and recycling contracts from Council and allowing competition from private waste
contractors. Alternative arrangements should also focus on improving commercial
recycling rates and reducing overall waste quantities.
Uoyd Consulting | Themes for Options Development ae
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|
S Hloydeonsv/in |
eervoerntl fences:
2.5 Theme 5: Fees and Charges
Examination of options for alternative fees and charges structures
Background: NC provides a kerbside waste and recycling collection service to specific,
predominantly urban residential areas. Some 350 rural households do not receive a
kerbside service. Presently Council residents who do not receive a kerbside service
are not required to pay rates for waste management. However, the waste
management component of NC’s rates provides funding for the operation of three
transfer stations, the Eumundi Road Landfill, public place waste and recycling
services, street cleaning, the policing and enforcement of illegal dumping and
community education on waste reduction. All NC area residents benefit from these
facilities and activities, regardless of whether they receive a kerbside service, and
should contribute to their provision.
Previously NC levied a fee on rural properties not receiving a service and a disc was
provided which allowed a number of free visits to transfer stations.
For example, Gympie Regional Council applies an alternative waste charge in the
form of an annual $85 “Waste Management Charge” on all properties vacant and
developed. The charge Is collected to cover Council costs for capping and closure of
old landfills and upgrades or establishment of transfer stations. In addition,
properties not serviced by a kerbside collection pay an annual "Waste Management
Operations Charge" of $230.
Further, Council presently undercharges full cost disposal fees on the dumping of
small loads. NC is aware that gate fees charged for trailer loads of waste disposed of
at transfer stations do not cover the full cost for disposal.
Fees and charges should be equitable, based on the true cost of services provided
and encourage waste avoidance and recycling.
2.5.1 Tasks
* Examine the present fees and charges as they relate to cost recovery and
equitability for the provision of the range of waste services.
* Examine the use of benefitted rates areas for providing an increased level of
service to specific locations/customers.
* Identify and assess options for alternative fees and charges structures, which
improve equitability across the NC population and promote waste avoidance and
recycling.
ao Themes for Options Development | Lloyd Consulting
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3.1 Deliverables
NC is seeking a robust, documented process for the development of its Strategy,
which can be provided for Internal and public scrutiny. To this end, Council requires
the following deliverables for Part 1 of the Strategy development:
* Along list of options addressing the themes and tasks identified by NC;
* A short list of options (nominally three} to be assessed, which are selected in
consultation with Council {the process by which the short list is derived from the
long list must be clearly documented};
* Aset of assessment criteria, agreed in consultation with Council;
* Anassessment methodology approved by Council;
* An Options Development report (draft followed by final version) documenting
the process and results of the Options Assessment including any significant
perceived risks and issues associated with options, and providing a thorough
description of the final preferred options selected by Council, including
justification for their inclusion in the Strategy.
The final Options Development report should provide sufficient detail to enable
Council to produce a Strategy document and Action Plan,
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3.3 Project Stakeholders
NC requires consultation and engagement with key stakeholders to develop the
waste strategy options. All members of the Noosa area community are impacted by
waste management, and should be offered the opportunity to take ownership of the
Strategy. Key stakeholders of the project include:
* Council staff — both managerial and operational
(particularly Environmental Services, Waste Services, Civil Operations, Parks and
Roads, etc.);
= Mayor and Councillors;
* Residents (households};
* Local businesses;
* Community groups (i.e. community gerdens, Permaculture Noosa, Sporting and
recreational clubs, Noosa Residents Association, Noosa Biosphere, Noosa
integrated Catchment Association (NICA), charities and Brite Side Industries);
* Neighbouring Councils; and
* State and Federal Governments.
3.4 Project Reporting
NC wishes to remain involved in the Strategy development process, and ensure
consistent progress throughout the project. Monthly reports from the party tasked
with delivering Part 1 will provide an updated Project Schedule, if required, identify
issues to be resolved and highlight the achievement or delay of any key milestones.
Project progress reports will also outline learning’s / decisions made throughout the
Project and highlight any proposed changes to Project scope or deliverables.
3.1 Project Team
NC is seeking a suitable qualified professional {or organisation) to undertake Part 1
of the Strategy development. Applicants for the job must therefore provide evidence
of previous, relevant experience, a description of the qualifications for all personnel
who will be involved, and their respective roles in the proposed project team, as well
as the contact details for three referees.
3.2 Health, Safety, Environment and Community
Council has 2 commitment to attaining the highest standards in its health, safety,
environmental and community obligations. The selected consultant and its personnel
are obliged to comply with the Council's policies related to health, safety,
environment and community engagement at all times.
Lloyd Consulting | Project Management and Delivery es)
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Ss lloyd consulting
4.1 New Audits and Reports
To assist the development of the required options additional information is
necessary and Council is undertaking or commissioning a number of parallel studies
prior or during the Options Development phase.
4.1.1 Waste Audit Programs
Undertake an audit of the waste stream of larger commercial generators. To include:
* recycling participation rates; and
* recycling volumes and content, especial ly glass
Undertake an audit of the domestic waste recycling stream:
* Commercial and industrial waste stream {including high volume locations such as
hospitals, aged care facilities);
* ‘Boutique’ precinct collections (e.g. Hastings Street restaurant precinct);
= Domestic recycling stream.
4.1.2 Eumundi Rd Recycling & Disposal Facility Technical Review
& Improvement Program
Environmental monitoring of the site has indicated water quality Issues that have the
potential to impact on these environmental values. Further studies are required to
establish the cause of the water quality issues and to confirm the potential for
impacts to surrounding environmental values (to be undertaken in parallel with
strategy development).
* Investigation of water quality issues at the site (general).
* Investigation of water quality issues at the site {organic waste processing area},
* Determination of environmental values surrounding the site (reference
document Fauna and Flora Study 2006 undertaken previously},
* Address water quality issues and Transitional Environmental Program
(stormwater management} requirements based on environmental values
assessment.
hg Related Studies Reports and References | Lloyd Consulting
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4.2 Existing Waste Audits and Background Information
=" Assessment of the Domestic Kerbside Waste Stream and Green Waste — January
and June 2012 SCRC (EnviroCom).
® Assessment of Comingled Recycling Segregation and Visual Method Development
May 2013 SCRC (EnviroCom).
* Sunshine Coast Commercial Recycling Assessment — January 2011 SCRC
{EnviroCom).
* Sunshine Coast Council — Organics Collection Trial 2011 (SCRC - The Organic Force
Johannes Biala).
* Waste Collection Services Noosa - Summary Report 23 December 2013.
* Population and Statistical Information for the Noosa Council Region, 28
November 2013. Queensland Treasury and Trade.
4.3 NC Waste Management Scoping Study May 2014
In January 2014, NC commissioned a scoping study review of existing waste
management operations. The Scoping Study report examined a number of issues as
listed below and made a series of recommendations for NC to consider. The report
contalns commercial in confidence material but will be made available to the
contractor under the terms of thelr engagement.
= Review of all existing waste management documentation and assessment of
continulng relevance or established good practice.
* Any technical inspections, analysis and recommendations with respect to
Eumundi Rd landfill site not limited to existing and new cells, water quality,
infrastructure etc.
* Internal (Councillor and officer) consultation to capture ideas and feedback and
to support recommendations.
* Review of education programmes and identification of opportunities for
improvement.
= Review of partnering opportunities and identification of opportunities for
improvement with particular emphasis on Noosa Biosphere, community groups,
Queensland Parks and Wildlife Service and commercial retailers/operators.
* Review and identification of grant funding opportunities.
* Review and identification of opportunities for improvement in product offerings
(bin types and services).
* Review and identification of opportunities for improvernent with respect to
Eumundi Rd landfill management practices.
* Review and |dentification of opportunities of existing contract arrangements.
*" Review of best practice generally and possible opportunities for adoption in
Noosa.
Lloyd Consulting | Related Studies Reports and References Eo
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4.4 Current Noosa Waste Facilities
The waste facilities servicing Noosa are:
* Ringtail Creek Quarry located at Boreen Point Road
* Pomona Transfer Station located at Pamona Kin Kin Road
* Cooroy Transfer Station located at Mary River Road, Cooroy
* Eumundi Road Landfill located at 561 Eumundi Road, Doonan
* North Shore Transfer Station located at Teewah Beach Road, North Shore
es Related Studies Reports and References | Lloyd Consulting
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2. PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF PLANNING &
ENVIRONMENT COURT ORDER (318/2008) FOR A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE FOR A RESOURCE BASED SPRING WATER BOTTLING
PLANT (COOROY MOUNTAIN SPRING WATER) AT 314 COOROY MOUNTAIN RD,
COOROY MOUNTAIN
Author Senior Development Planner, Denis Wallace
Planning & Infrastructure
Index ECM/Application/132006.268.02
Attachments 1. Locality Plan
2. Court Approval for Spring Water Bottling Plant
APPLICATION DETAILS
Application Number: 132006.268.02
Applicant: Cooroy Mountain Spring Water Pty Ltd
Request Received Date: 4 March 2014
Original Approval Type: Planning & Environment Court Order 318 of 2008 for Material
Change of Use – Resource Based Spring Water Bottling Plant
Number of Submissions to 32
Original Application:
PROPERTY DETAILS
Property Address: 314 Cooroy Mountain Rd Cooroy Mountain 4563
RP Description: Lot 2 SP143409
Land Area: 48.17ha
Existing Use of Land: Bottling Plant/Detached House/Rural
STATUTORY DETAILS
SEQRP Designation: Regional Landscape & Rural Production
Planning Scheme: The Noosa Plan
Planning Locality: Cooroy & Lake Macdonald Locality
Rural Zone
Planning Zone:
Assessment Type: Pre-Response Request for a Permissible Change to
Conditions of Approval
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RECOMMENDATION
That Council agree in part to the pre-response request to change Planning & Environment Court
Order 318 of 2008 (Application No.132006.268.02), situated at 314 Cooroy Mountain Road,
Cooroy Mountain, in accordance with the following details:
A. Agree to delete conditions 5B, 5G & 18B;
B. Agree to change conditions 5C, 5E, 5F, 8, 9, 13 & 18A to read:
5C. Trucks attending the site must not exceed a total of 8 trucks per day and must not
include B-Doubles.
5E. The hours of operation for the use are limited to 6:00am to 6:00pm Monday to Friday.
5F. A maximum of 12 staff (including drivers) are permitted on the premises during the
hours of operation and are not permitted prior to 6:00am.
8. The existing site access shall be upgraded. The works must be undertaken as part of
an Operational Works application and include the following:
(a) Design and construction generally in accordance with Council’s Standard
Drawing No SEQ R-056.
(b) The clearing of vegetation in the road reserve as described in the submitted
Traffic Impact Assessment prepared by RoadPro Development dated 11
December 2013.
(c) Any other clearing necessary to provide the “Safe Sight Distance” as indicated
on Council’s Standard Drawing No SEQ R-056.
(d) Additional signage in Cooroy Mountain Road warning of “Trucks Turning”. The
signage must be in accordance with the current edition of the Manual of
Uniform Traffic Control Devices Queensland.
The ongoing maintenance of the site access, associated clearing and signage is
the property owner’s responsibility.
9. The access driveway extending from the Cooroy Mountain Road frontage to the
buildings must have a sealed surface and be maintained in good order.
13. A minimum of 13 uncovered carpark spaces shall be provided on site, including 1
clearly defined disabled carpark space.
18A. The design and construction of the on-site effluent disposal system and disposal area
shall be in accordance with the Site and Soil Investigation for On-site Wastewater
Treatment and Effluent Disposal prepared by Future-plus Environmental, dated
November 2013, subject to the following requirements:
(i) Ongoing monitoring of treatment process and disposal areas shall be undertaken to
ensure both are functioning effectively over time. They shall be undertaken generally
as follows:
• Annual monitoring shall be undertaken from the time of commissioning to
determine the quality of the wastewater produced from the effluent treatment
system;
• Monitoring of the soils, vegetation and groundwater in the application area shall
be undertaken every three years to establish that such is not percolating into
the groundwater;
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• Sampling and testing shall be in accordance with relevant regulatory
requirements and manuals such as those provided by the Environmental
Protection Agency, with testing undertaken by an accredited Laboratory;
• Continuous monitoring shall be undertaken by the system for any water on the
surface of the application area, downslope resurfacing, changing plant growth
on or around the application area and any other signs of problems, and
addressed through maintenance or servicing.
(vi) Washing plant, equipment or vehicles shall be undertaken off-site. If on-site
washing of any plant or equipment is necessary, all wastewater shall be
collected in a sump and disposed of off-site as trade waste by a registered
operator.
(viii) Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic
Plan (Open Space-Conservation & Waterway Protection) is to be undertaken in
addition to replanting as detailed in Drawing HJ0085.1.2 of the Conceptual Site-
Based Stormwater Management Plan.
C. Refuse to change conditions 15 and 16;
D. Include the following additional conditions:
1. The effluent holding tank and STP shall have visual and audible high level
alarms systems installed with secondary power backup (e.g.: battery power);
2. The effluent facilities and grease trap facility shall be serviced and maintained on a
three monthly service regime with all documentation for maintenance and servicing
forwarded to Noosa Council.
REPORT
1. Proposal
The applicant has requested Council provide a pre-request response notice to change conditions
of a Development Permit for a Material Change of Use for a Resource Based Bottling Plant
issued by the Planning & Environment Court. The proponent advises it wishes to significantly
reduce the scale of the approved operation and seeks changes to a number of the conditions that
attach to the Court Order (included as Attachment 2).
The applicant indicates the Cooroy Mountain Spring Water business will now operate as follows:
Reduced operations from 5 days per week plus 5 Saturdays per year to 2 - 3 days per week;
A reduced number of employees from 48 to approximately 3 - 4 staff (maximum of 10) and 3
visitors at any one time;
No longer manufacturing or distributing products for office water coolers;
Reduced vehicle movements and access requirements due to the changes in manufacturing
and hours of operation; and
Changes to on-site effluent requirements as a result of the reduced number of employees
and visitors.
The applicant originally sought changes to conditions 8, 9, 13, 15, 16, 18A & 18B in relation to
car parking, access relocation, development contributions and effluent treatment. During the
course of the assessment it also agreed to change conditions 5B, 5C, 5E, 5F & 5G relating to
truck movements, staff and operating hours and add two new effluent treatment conditions.
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2. Background
A development approval for a Home Occupation (Bottling of Natural Spring Water) was granted
in September 1991 and since operated as Cooroy Mountain Spring Water. Over time, the
business expanded significantly.
In February 2006 an application was lodged for the Resource Based Spring Water Bottling Plant.
The use included on-site bottling and packaging of spring water from 3 bores and employed up to
60 people in peak periods. The associated factory on the site is approximately 3,000m2 in size.
During the public notification of the application 28 objections were received as well as 3 letters
and 1 petition with 264 signatures in support of the application. The objections were primarily
concerned with amenity impacts - that the use could be more appropriately located, lack of need,
excessive traffic and the use being inappropriate in a water supply catchment area.
Staff recommended the application be refused because the subject development was considered
likely to impact on the amenity of residents in the area and did not demonstrate sufficient
planning need to operate from the site to overcome the conflict with The Noosa Plan. Noosa
Council decided to approve the application and issued a development permit on 6 March 2008.
The applicant subsequently made representations to the development approval conditions.
Council agreed to some of the changes and issued a Negotiated Decision Notice.
On receipt of the decision, six submitters who objected to the development lodged an appeal to
the Planning and Environment Court (No. 314/08) that the application be refused. The applicant
(Cooroy Mountain Spring Water) also lodged a separate appeal to the Court seeking
amendments to Conditions 5 and 16 relating to hours of operation, vehicle movements and
roadworks contributions.
On 2 August 2010 the Court dismissed the submitters’ appeal after the applicant agreed to
include additional conditions on the approval and allowed in part the applicant’s appeal to amend
conditions of the approval. The decision, included as Attachment 2, represents the current
development approval.
Administrators were appointed for the Cooroy Mountain Spring Water companies in September
2011 and the operation ceased around August 2012. The new owner, who also owns Wimmers
Soft Drinks, purchased the company from the receivers in July 2013.
3. Complaint History
The previous operation of Cooroy Mountain Spring Water had an extensive history of complaints
spanning almost 10 years. Generally speaking, the complaints began as the development
expanded from an approved home based business to a much more substantial commercial
operation and the majority related to traffic generation. The complaints resulted in various
breach actions by Council and also the lodgement of the application that led to the current
development approval.
4. Statutory Process
The applicant advises it intends to request a permissible change to the development approval
under s369 of the Sustainable Planning Act 2009 and seeks Council’s pre-response prior to
making the application to the Court, as provided for under s368. A change to a development
approval can only be made where the change constitutes a ‘permissible change’ as defined in
s367.
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The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
The change would not result in a substantially different development;
The change would not trigger a new referral to the State Assessment and Referral Agency;
The original application was impact assessable and the proposed changes would not likely
cause a person to make a properly made submission because they relate to a reduction in
the intensity of the development; and
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the
request.
5. Assessment
Details and assessment of the requested changes to the existing conditions are provided below.
Condition 8 & 9 – Access Driveway
8. The applicant shall relocate the existing site access to a location between 80 and 110
metres east of the existing site access on Cooroy Mountain Road, to the reasonable
satisfaction of Council. The intersection between Cooroy Mountain Road and the relocated
site access shall be designed and constructed to provide safe turning areas for the vehicles
likely to use the access. In this respect the intersection between Cooroy Mountain Road
and the relocated access shall 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. The redundant access (i.e. the existing access driveway) shall
not be used for vehicular access. To ensure vehicular access via the redundant access
does not occur, the redundant access point within the Cooroy Mountain Road reserve shall
be revegetated in accordance with Council standards.
9 The relocated driveway from Cooroy Mountain Road to the car parking loading area shall
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 relocated driveway shall be designed and
constructed to grades that prevent vehicles from scraping and/or bottoming whilst also
allowing pedestrians movements along the footpath without any step or level difference.
Should any driveways be constructed to grades that do not comply with
ASINZS2890.12004 and AS2890.2-2002, Council will require that the driveway be removed
and reconstructed to levels that do comply.
Applicant’s Request
The [submitted] Traffic Impact Assessment prepared by RoadPro Development provides a new
assessment of the proposed operations and confirms that the required road access and vehicle
movements are minimal given the proposed reduction in operations (i.e. no distribution of water
coolers and reduced days of operation p/week).
Further, the location of the access driveway has been reviewed with consideration to the number
of vehicles accessing the site. Given that the existing driveway has been operating adequately
for a number of years, the location meets the Australian Standards requirements and there is
good sight visibility, low traffic volumes and the existing local driver awareness of this access, it is
considered appropriate to retain the driveway in its current location. On this basis, it is proposed
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
that the existing site access be retained and that Conditions 8 and 9, which refer to a new site
access, be deleted.
Assessment
The proposed changes to the use significantly reduce the number of traffic movements (both
passenger and heavy vehicles) for the development. The submitted Traffic Impact Assessment
prepared by RoadPro Development has considered the current access in regard to the proposed
changes. The assessment includes recommendations regarding road side clearing and finds that
the current access is sufficient to cater for the proposed use.
Although the access is located in close proximity to the Lukes Road intersection, the number of
traffic movements is small and Council staff generally agree with the conclusions of the
assessment. It is recommended that Condition 8 be amended to permit the use of the existing
access and, in addition to the roadside clearing described in the traffic assessment, require that
suitable signage be provided advising of the potential for trucks turning into/from the site.
The existing access driveway from the Cooroy Mountain Road frontage to the buildings is sealed,
although it is in poor condition in parts and Condition 9 should be amended to ensure that the
access driveway is sealed and maintained.
Condition 13 – Carparking
13. A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly
defined disabled carpark space.
Applicant’s Request
The facility will operate with a maximum of 10 employees and a maximum of 3 visitors. As such,
it is requested that Condition 13 be reduced to require only 13 car spaces.
Assessment
It is agreed that the condition can be amended to reduce the carpark area to reflect the reduced
staff numbers.
Conditions 15 & 16 – Roadworks Contributions
15. A contribution of $5,960 shall be paid to the Council towards the cost of improvements to
the major road network of Cooroy, as a result of increase traffic generation caused
by the proposed development. The contribution shall be paid to the Council prior to
obtaining a Development Permit for Operational Works. This amount will be subject to
variations in the Consumer Price Index, All Groups Brisbane from December 2007 until the
date of payment.
16. A contribution of $160,975 shall be paid to the Council towards the cost of improvements to
Cooroy Mountain Road, as a result of increase traffic generation caused by the proposed
development. The contribution shall be paid to the Council prior to obtaining a
Development Permit for Operational Works. This amount will be subject to variations in the
Consumer Price Index, All Groups Brisbane from December 2007 until the date of
payment.
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Applicant’s Request
It is requested that a payment plan be implemented for the contributions outlined within
Conditions 15 and 16. As such, it is requested that the following notation be included:
Payment of the applicable contributions outlined by Conditions 15 and 16 is to be made in
accordance with the approved payment plan.
Assessment
The contributions associated with these conditions have been outstanding since 2008 when the
approval took effect. The company’s liability in this regard was evident at the time of the recent
purchase. Council has undertaken the road upgrades to Cooroy Mountain Road and it is not
considered appropriate to further delay payment of the contributions.
The requested change is not supported.
Condition 18A & 18 B – Effluent Treatment
18A. The design and construction of the on-site effluent disposal system and disposal area shall
be in accordance with the Conceptual Effluent Treatment and Disposal Strategy prepared
by Gilbert and Sutherland, dated November 2009, subject to the following requirements:
(i) Ongoing monitoring of treatment process and disposal areas shall be undertaken to
ensure both are functioning effectively over time. They shall be undertaken generally
as follows:
• Annual monitoring shall be undertaken from the time of commissioning to
determine the quality of the wastewater produced from the effluent treatment
system;
• Monitoring of the soils, vegetation and groundwater in the application area
shall be undertaken every three years to establish that such is not percolating
into the groundwater;
• Sampling and testing shall be in accordance with relevant regulatory
requirements and manuals such as those provided by the Environmental
Protection Agency, with testing undertaken by an accredited Laboratory;
• Continuous monitoring shall be undertaken by the system for any water on the
surface of the application area, downslope resurfacing, changing plant growth
on or around the application area and any other signs of problems, and
addressed through maintenance or servicing.
(ii) A reserve disposal area 100% the size of the primary disposal area shall be
nominated and located outside required buffer areas. The location shall be provided
as part of the detailed design report at the Operational Works application stage.
(iii) A minimum of secondary standard effluent treatment with disinfection to achieve the
required microbiological quality (i.e. 200cfu/100ml with no sample over
1000cfu/100ml mL) shall be adopted.
(iv) Detailed MEDLI modelling shall be undertaken at the operational Works application
stage to confirm the appropriate size for the effluent disposal area to ensure this is
equal to plant uptake, soil storage and environmentally acceptable release rates.
(v) More information on the source/s and respective volumes of wastewater
produced during bottling etc shall be provided in a detailed site-based stormwater
management plan (SBSWMP) at the Operational Works application stage, including
monitoring of actual wastewater production rates.
(vi) Washing plant, equipment or vehicles shall be undertaken oft-site. If on-site washing
of any plant or equipment is necessary, all wastewater shall be collected in a sump
and disposed of oft-site as trade waste by a registered operator.
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(vii) Additional monitoring of wastewater discharge at Outflow Point 1 (G & S drawing
H J0085.1.7) is to be carried out to demonstrate compliance with the desired
SVSWMP water quality objectives in support of an operational Works approval, and
on an on-going month basis to demonstrate continued compliance with SBSWMP
water quality objectives. This monitoring and assessment of the impact must be
carried out compliance with the Ecoaccess operational policy "Wastewater
Discharge to Queensland Waters".
(viii) Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic Plan
(Open Space-Conservation & Waterway Protection) is to be undertaken in addition to
replanting as detailed in Drawing HJ0085.1.2 of the Conceptual Site-Based
Stormwater Management Plan.
18B. The Conceptual Effluent Treatment and Disposal Strategy prepared by Gilbert and
Sutherland, dated October 2009 assumes a combined bottled/bulk water production
volume of 24 ML/annum which produces 7.2 ML/annum of waste water. If the production
rate increases over 24 ML/annum: additional settlement ponds, chemical treatment and
flocculation is required in addition to those measures specified in the Conceptual Effluent
Treatment and Disposal Strategy and condition 18A of this approval. These additional
measures are to be achieved through larger {vertical) holding tanks and chemical dosing
within the approved development footprint Erosion & Sediment Control
Applicant’s Request
Condition 18A refers to Effluent Disposal requirements, which will now be superseded by the Site
and Soil Investigation for On-site Wastewater Treatment and Effluent Disposal prepared by
Future-plus Environmental. This report addresses each provision within Condition 18A and
integrates the relevant requirements or changes, where applicable. As such, it is requested that
condition 18A be updated to reflect this new report and condition 18B be deleted.
Assessment
Council’s plumbing unit has reviewed the submitted effluent report and supports the proposed
changes, subject to the following additional requirements agreed with the applicant:
The effluent holding tank and STP shall have visual and audible high level alarms
systems installed with secondary power backup (e.g.: battery power).
The effluent facilities and grease trap facility shall be serviced and maintained on a three
monthly service regime with all documentation for maintenance and servicing forwarded to
Noosa Council.
Conditions 5B & 5C – Truck Movements
5B. Prior to the Council completing the staged upgrade works to Cooroy Mountain Road,
weekly Trucks shall be limited as follows:
(a) 40 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying
water but excluding B-Doubles) per week;
(b) 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:
(a) 50 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying
water but excluding B-Doubles) per week;
(b) 25 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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. It is envisaged that the
upgrade works to Cooroy Mountain Road will be completed in the financial year
2012/2013.
Assessment
The road upgrade works are now generally complete and the applicant has agreed condition 5B
can be deleted and 5C simplified to reflect the reduced intensity of the use, with no more than 8
trucks a day now proposed.
Condition 5E – Hours of Operation
5E. The hours of operation for the use are limited to:
6:00am to 10:00pm Monday to Friday;
8:00am to 5:00pm on no more than five (5) Saturdays per year, where production has
been disrupted during the week due to breakdown.
Assessment
To reflect the reduced intensity of the use the applicant has agreed to amend this condition to
limit the hours to 6am to 6pm Monday to Friday only.
Condition 5F & 5G – Maximum Staff
5F. A maximum number of 48 staff (including drivers) are permitted on the premises during the
hours of operation and are not permitted to arrive at the premises prior to 6:00am except
for:
1 employee (maintenance worker) who is permitted to arrive at 5:00am Monday to
Friday;
1 employee (maintenance worker) who is permitted to arrive at 5:30am Monday to
Friday; and
8 employees (production workers) who are permitted to arrive at 5:45am Monday to
Friday;
5G. Administrative staff will be relocated from the site by 31 October 2012 such that the
maximum number of staff on site from that time forward will be 30, generally represented
by 15 production workers, 7 semi-trailer drivers, 3 management staff (from time to time), 2
ancillary truck drivers and 2 maintenance workers.
Assessment
To reflect the reduced intensity of the use the applicant has agreed to amend condition 5F to limit
the maximum number of staff on site to 12 (including drivers) from 6am only and to delete
condition 5G.
Page 34 of 200
Section 35
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health X DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 35 of 200
Section 36
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 1
Locality Plan
Page 36 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 1
Locality Plan
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Page 36 of 200Section 37
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 2
Court Approval for Spring Water Bottling Plant
Page 37 of 200
Section 38
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 38 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
o me to a ee Se a
3. there be liberty to apply. oe
Filedon Olo. D6- POs“
Filed by: Connor O’Meara Solicitors .
Service address: Level 5, 370 Queen Street, Brisbane 4000
Phone: (07) 3221 3033
Fax: (07) 3221 6661
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Page 38 of 200Section 39
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 39 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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1 APPLICATION DETAILS
Application No: 2006/268
Street address: 314 Cooroy Mountain Road, Cooroy Mountain
Real property Lot 2 SP 143409
description:
Planning Scheme: The Noosa Plan
2 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager conditions
3 ASSESSMENT MANAGER CONDITIONS
Land Use
1, Development undertaken in accordance with this approval must generally comply with the approved
plans of development. The approved plans are numbered SKO1 and SK02 dated 2 August 2010and
as may be amended by these conditions.
2. 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.
Vehicle and Truck Movements
3. All vehicles associated with the use shall travel to the site via the western end of Cooroy Mountain
Road.
4, =.
5 -,
5A. Trucks are not to arrive at or leave the premises outside the hours of 7:00 am to 6:00pm Monday to
Friday.
58. Prior to the Council completing the staged upgrade works to Cooroy Mountain Road, weekly Trucks
shail be limited as follows:
(a) 40 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but
excluding B-Doubles) per week;
(b) 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:
(a) 50 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but
excluding B-Doubles) per week:
(b} 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. It is envisaged that the upgrade works to Cooroy Mountain |
road will be completed in the financial year 2012/2013.
5D. Truck drivers will comply with the requirements of the “Truck Drivers Codé of Conduct" dated 2
August 2010 which requires, amongst other things but is not limited to:
[RE Eom, 10f8
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Page 39 of 200Section 40
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 40 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
(a) the use of engine/exhaust brakes along Topaz Street and Cooroy Mountain Road be
prohibited except in case of an emergency (i.e. safety requirement);
(b) Maximum speed on Topaz Street and Cooroy Mountain Road to be 60 km/hr.
Hours of operation
5E. The hours of operation for the use are limited to:
* 6:00am to 10:00pm Monday to Friday; :
* 8:00am to 5:00pm on no more than five (5) Saturdays per year, where production has
been disrupted during the week due to breakdown.
Maximum staff
5F. Amaximum number of 48 staff (including drivers) are permitted on the premises during the hours of
operation and are not permitted to arrive at the premises prior to 6:00 am except for:
* 1 employee (maintenance worker) who is permitted to afrive at $:00 am Monday to Friday:
* 1 employee (maintenance worker) who is permitted to arrive at 5:30 am Monday to Friday:
and
+0
* 8 employees (production workers) who are permitted to arrive at 5:45 am Monday Friday. *”
5G. Administrative staff will be relocated from the site by 31 October 2012 such that the maximum
number of staff on site from that time forward will be 30, generally represented by 15 production
staff, 7 semi-trailer drivers, 3 management staff (from time to time), 2 ancillary truck drivers and 2
maintenance workers.
Home and office deliveries :
5H. No home or office delivery staff or vehicles shall operate from the premises.
Miscellaneous
6. Existing trees on the site and within road reserves are to be retained, except where required to be
removed due to building operations or the conduct of the approved use. These landscape plans
required to be submitted are to denote areas of existing vegetation or existing trees proposed or
required to be retained.
7. Any advertising sign or device is to comply with Council's policies on advertising.
Land Development
Vehicle Access and Frontage works
8. The applicant shall relocate the existing site access to a location between 80 and 110 metres east
of the existing site access on Cooroy Mountain Road, to the reasonable satisfaction of Council. The
intersection between Cooroy Mountain Road and the relocated site access shall be designed and
constructed to provide safe turning areas for the vehicles likely to use the access. In this respect the
intersection between Cooroy Mountain Road and the relocated access shall 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, Orainage and Earthworks. The redundant access (ie. the existing access
driveway) shall not be used for vehicular access. To ensure vehicular access via the redundant
access does not occur, the redundant access point within the Cooroy Mountain Road reserve shall
be revegetated in accordance with Council standards.
9. The relocated driveway from Cooroy Mountain Road to the car parking loading area shall be sealed,
designed and constructed in accordance with AS/NZS 2890.1-2004, AS 2890.2-2002 and The
Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and
Earthworks. The relocated driveway shall be designed and constructed to grades that prevent
: ae . . 2of 8
ein \eo
Page 40 of 200Section 41
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 41 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ener rree creer
vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the
footpath without any step or level difference. Should any driveways be constructed to grades that
de not comply with AS/NZS 2890.1-2004 and AS 2890.2-2002, Council will require that the
driveway be removed and reconstructed to levels that do comply.
10. All vehicles shail enter and leave the site in a forward direction.
Loading Areas
11. Sealed loading and manoeuvring areas for the heavy vehicles shall be provided on site generally as
shown on drawing number SK-01, dated 2 August 2010and shail comply with the requirements of
AS 2890.2-2002 where applicable.
Car Parking
12. A Sealed car parking area shall be provided on site generally as shown on drawing number SK-01,
dated 2 August 2010 and shall comply with the requirements of AS/NZS 2890.1-2004 where
applicable.
13. A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly defined
disabled carpark space.
14. All carparking shall be kept, maintained and tine-marked in a condition fit for use.
Roadworks Contributions
15. Acontribution of $5,960 shail be paid to the Council towards the cost of improvements to the major
road network of Cooroy, as a@ result of increase traffic generation caused by the proposed
development. The contribution shall be paid to the Council pnor to obtaining a Development Permit
for Operational Works, This amount will be subject to variations in the Consumer Price Index, All
Groups Brisbane from December 2007 until the date of payment.
16. A contribution of $160,975 shall be paid to the Council towards the cost of improvements to Cooroy
Mountain Road, as a result of increase traffic generation caused by the proposed development. The
contribution shall be paid to the Council prior to obtaining a Development Permit for Operational
Works. This amount will be subject to variations in the Consumer Price Index, Al! Groups Brisbane
from December 2007 until the date of payment.
Water Quality
17. The applicant shall submit a Water Management Plan for Council approval prior to the issue of any
Operational Works Permit. The Water Management Plan shall be prepared by a suitably qualified
Environmental Engineer and certified by a Registered Professional Engineer of Queensland
The Water Management Plan shail detail water quantity and quality requirements of environments
receiving runoff from the site. The Water Management Plan shall demonstrate that appropriate
treatment measures will be incorporated into the proposed use to ensure the existing water quantity
and water quality within environments receiving runoff from all aspects of the proposed use (i.e.
including but not limited to effluent, carpark runoff and any by products of industrial use occurring on
site) are maintained in accordance with The Noosa Plan and the Environmental Protection (Water)
Policy 1997.
Effluent Disposal
18. -,
18A. The design and construction of the on-site effluent disposal system and disposal area shall be in
accordance with the Conceptual Effiuent Treatment and Disposal Strategy prepared by Gilbert and
Sutheriand, dated Geteber ek subject to the following requirements:
Hohe nr
{i} ongoing monitoring of treatment process and disposal areas shall be undertaken to
ensure both are functioning effectively over time. They shail be undertaken generally
as follows: .
ae Jofé
Page 41 of 200Section 42
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
T_T
* Annual monitoring shall be undertaken from the time of commissioning to determine
the quality of the wastewater produced from the effluent treatment system;
* Monitoring of the soils, vegetation and groundwater in the application area shall be
undertaken every three years to establish that such is not percolating into the
groundwater;
| * Sampling and testing shall be in accordance with relevant regulatory requirements and
manuals such as those provided by the Environmental Protection Agency, with testing
undertaken by an accredited Laboratory;
* Continuous monitoring shall be undertaken by the system for any water on the surface
of the application area, downslope resurfacing, changing plant growth on or around
the application area and any other signs of problems, and addressed through
maintenance or servicing.
(ii) A reserve disposal area 100% the size of the primary disposal area shall be nominated
and located outside required buffer areas. The locatiori shal! be provided as part of the
detailed design report at the Operational Works application stage.
(iit) A minimum of secondary standard effluent treatment with disinfection to achieve the
required microbiological quality (i.e. 200 cfu/100 mL with no sample over 1000
cfu/100mL) shall be adopted.
(iv) Detailed MEDLI modelling shall be undertaken at the operational Works application stage
to confirm the appropriate size for the effluent disposal area to ensure this is equal to
plant uptake, soil storage and environmentally acceptable release rates.
(v) More information on the source/s and respective volumes of wastewater produced during
bottling etc shall be provided in a detailed site-based stormwater management plan
(SBSWMP) at the Operational Works application stage, including monitoring of actual
wastewater production rates.
(vi) Washing plant, equipment or vehicles shall be undertaken off-site. If on-site washing of
any plant or equipment is necessary, all wastewater shall be collected in a sump and
disposed of off-site as trade waste by a registered operator.
(vii) Additional monitoring of wastewater discharge et Outflow Point 1 (G & S drawing H
J0085.1.7)} is to be carried out to demonstrate compliance with the desired SVSVWMP
water quality objectives in support of an operational Works approval, and on an on-going month,
basis to demonstrate continued compliance with SBSWMP water quality objectives. This
monitoring and assessment of the impact must be carried out compliance with the
Ecoaccess operational policy “Wastewater Discharge to Queensland Waters”.
(viii) Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic Plan (Open
Space-Conservation & Waterway Protection) is to be undertaken in addition to replanting
as detailed in Drawing H J0085.1.2 of the Conceptual Site-Based Stormwater
Management Plan.
. 4of8
Page 42 of 200Section 43
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 43 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
RR nen ener nn nn eennnnnen nnn eenenee nn nnn nencncncnnnccc cnn i,
18B. The Conceptual Effivent Treatment and Disposal Strategy prepared by Gilbert and Sutherland,
dated October 2009 assumes a combined bottied/bulk water production volume of 24 ML/annum,
which produces 7.2 MLannum of waste water. If the production rate increases over 24 ML/annum,
additional seitiement ponds, chemical treatment and flocculation is required in addition to those
measures specified in the Conceptual Effluent Treatment and Disposal Strategy and condition 184
of this approval, These additional measures are to be achieved through larger (vertical) holding
tanks and chemical dosing within the approved development footprint. Erosion & Sediment
Control .
19. Any person acting on this permit shall prevent erosion and sediment export from leaving the site.
Site control measures such as silt fencing, controlled gravel access to the site and controlled
disposal of waste, will be necessary. In this regard plans detailing the methods of controlling
erosion and sediment are required to be submitted to the Council for approval prior to obtaining a
Development Permit for Operational Works.
General
20. For the following classes of work associated with development, a Development Permit for
Operational Works must be obtained prior to commencement of works relating to that class of work.
The application may combine any or all of these classes of work:-
° Access and/or Carparking.
. Roadworks,
° Stormwater Drainage.
° Frontage Works.
° Erosion & Sediment Control
21. A suitably qualified Registered Professional Engineer shall prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works. In
this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be
submitted in conjunction with any application for Operational Works.
22. Digital detailed designs including drawings, calculations, specifications and a schedule of works,
shall be submitted with any application for a Development Permit for Operational Works in respect
of roadworks and stormwater drainage works. The design shall be in accordance with Council's
Planning Scheme Policy PSPO5 — Engineering Design Standards - Roads, Drainage and
Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shall be shown on the plans.
23. To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of
ADAC are available at www.adac.com.au).
24. As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for
design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of
all services and structures. All of which shall be submitted to Council for checking and for Council's
records,
The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels. The data shall be submitted in the
Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at www.adac.com.au},
Approval of works shail not be granted until all As Constructed information has been supplied and
accepted by Council.
5o0f8
Page 43 of 200Section 44
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 44 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Environmental Health
25. The developer must provide wasie storage and disposal facilities in accordance with Planning
Scheme Policy No 9 “Waste Management Multi-Dwellings and Commercial and Industrial
Premises”, including an external imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties. A roofed
waste/bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, or
approved wastewater disposal system via a bucket trap and grease arrestor,
26. The development must allow refuse-loading areas to be located off street. All vehicles associated
with the collection of waste/recyclables, shall enter and leave the site in a forward direction, without
the need for any unsafe maneuvering.
27. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9
“Waste Management Multi-Dwellings and Commercial and Industrial Premises", must be submitted
for the day-to-day operation of the development and approved by Council's Health Section prior to
issue of development permit for operational works. .
It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9
explaining exactly how to predict waste quantities and design waste areas is available from Council
and the web. The Plan shail include the following information: -
° The types of waste that will be generated from the activities approved within the
development,
° Estimated volumes or tonnage of both recyclables and waste generated.
. Methods to be used for dealing with garden waste.
° Initiatives to minimize waste either by waste prevention, reduction, re-use or recycling.
. Description of procedures for getting all waste to the bins; the storage of bins and the
collection of bins by the contractor.
° A description of the design details of waste storage and recycling areas including size,
focation, elevation and floor plan, methods of bin washing and system to prevent storm
water getting into sewer via the bin wash.
° A description of types and volume of waste storage containers to be used.
. The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycling waste, paper/
| Cardboard, glass, aluminum/steel cans, waste oil, styrofoam boxes, etc, and bin washing
facilities connected to sewer.
. A detailed description of vehicular access to collect waste. Where collection is off street,
access must allow vehicles to enter and leave the site in a forward direction.
28. As no Plumbing Final has been issued through Noosa Council Plumbing Services, all existing
_ plumbing and drainage, along with Backflow Prevention Devices, are to be assessed to ensure
compliance with current Legislation and Acts.
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
5 ADVISORYNOTES i
The following Advisory Notes are for information purposes only and do not form conditions of approval:
— 6 of 8
Ellin
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 45 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the
provision of disabled facilities, and that access to this building and the provision of sanitary facilities
may need to comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the
Building Code of Australia,
2. Noise from building works associated with commercial and or industrial development should comply
with the following —
° Limited to between 7:00am to 6:30pm Monday to Saturday.
° All reasonable measures are taken to minimise noise emissions.
° Not permitted on Sunday or public holidays.
3. In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder's waste or rubbish should not be permitted to enter or be placed where it °
could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse.
On the spot fines apply for such offences.
4. The applicant is informed that payment via credit card transaction will not be an acceptable method
of payment for development contributions conditioned in this permit or for infrastructure charge
notices issued separately.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals
pursuant to the Aboriginal! Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who caries out
an activity must take ali reasonable and practicable measures to ensure the activity does not harm
Abonginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be
issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue
stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
_ heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations
under the ACH Act.
6 _ PROPERTYNOTES ns
Not applicable
7 _ PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
x 7of8
Page 45 of 200Section 46
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
i
8 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required /
Development Permit for Building Works All Building Works
Development Permit for Operational Access, Carparking, Roadworks, Stormwater Drainage,
Works Frontage Works and Erosion and Sediment Control.
9 SELF ASSESSABLE CODES OB
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice: .
Advertising Devices Code
Sos
Page 46 of 200Section 47
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
. |
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Page 47 of 200Section 48
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Page 48 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
—— vo re me were _ a
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Page 48 of 200Section 49
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
3. APPLICATION FOR AN EXTENSION TO RELEVANT PERIOD FOR 26 MULTIPLE
DWELLING UNITS & AN ACCOMMODATION BUILDING FOR 12 UNITS, SITUATED AT
27 ATTUNGA HEIGHTS, NOOSA HEADS
Author Development Planner, Jack Lewis
Planning & Infrastructure
Index ECM/ Application/ 132003.221199.3 & 142007.2555.04
Attachments 1. Locality Plan
2. Zone Map
3. Approved Development Plans
APPLICATION DETAILS
Applicant David Neate C/- Innovative Planning Solutions
Proposal Request to Extend the Relevant Period
Properly Made Date 11 October 2013
Original Approval Type Development Permit for Material Change of Use for
Multiple Dwelling Units (26 Dwelling Units) and
Accommodation Building (12 Accommodation Units);
Development Permit for Operational Works for
Landscaping, Drainage, Stormwater, Vegetation Clearing,
Water & Sewerage, Earthworks, Access & Parking
Number of Submissions for 32 properly made and 6 not properly made
Original Application
PROPERTY DETAILS
Property Address 27 Attunga Heights NOOSA HEADS
RP Description Lot 27 RP 89506
Land Area 1.805 hectares
Existing Use of Land Detached House
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosa Heads
Zone Open Space Conservation, Attached Housing and Detached
Housing
Overlays Biodiversity Overlay (Environmental Protection), Natural
Hazards (Medium Bushfire), Natural Hazards (Landslide),
Natural Hazards (Low Potential Acid Sulfates)
Page 49 of 200
Section 50
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
RECOMMENDATION
That Council refuse the request to extend the relevant period for applications 132003.221199.3 &
142007.2555.04, situated at 27 Attunga Heights, Noosa Heads for the following reasons:
1. The development is contrary to The Noosa Plan’s Overall and Specific Outcomes for the
Noosa Heads Locality;
2. The application was publicly notified in 2004 and given the time lapsed, the community is
unlikely to be aware of the development approval; and
3. The proposed development were it to be publicly notified today, is likely to receive
submissions objecting to the development, given the significant non-compliance with The
Noosa Plan.
REPORT
1. Proposal
The application seeks approval to extend the relevant period for a Development Permit for a
Material Change of Use (26 Multiple Dwelling units and an Accommodation Building for 12 units)
and associated Operational Works at 27 Attunga Heights, Noosa Heads for a further 2 years until
15 October 2015. The report is before Council, as the application is recommended for refusal.
2. Background
The application was first reported to Noosa Council on 9 March 2005, wherein officers
recommended refusal of the Material Change of Use application due to the scale of the
development, as well as the impacts on the site’s environmental and physical constraints.
Amended plans were lodged and reported to Council on 22 June 2005 with a recommendation
again for refusal. The amendments were relatively minor, including some increased setbacks to
the creek and amendments to the Accommodation Building to retain 3 mature hoop pines. On 18
July 2005, Noosa Council approved in part the Material Change of Use application for 30 multiple
dwelling units and an accommodation building of 12 units, as well as refusing the request to
reconfigure the lot into 2 lots. Council found the following grounds submitted by the applicant
sufficient to justify the decision despite the conflict with the planning scheme:-
1. The limited scale of the buildings, the proposed landscape/vegetation buffering will ensure
that the proposed development will not be visually intrusive.
2. The development integrates with minimal modification of the landform by buildings following
existing contours, changing in level, suspended above ground surface, accesses following
existing driveways, and minimisation of cut and fill platforms.
3. The development integrates with the landscape by using predominantly native species,
minimising clearing, using sympathetic building colours, locating access ways in cleared
areas.
4. The geotechnical report concludes that there will be a low to moderate risk of slope instability
and that this risk is manageable by use of special construction techniques.
5. The areas of the site for development support vegetation communities of only low to high
levels of significance, with both communities highly disturbed, low in diversity, small in size
with low connective values. Approximately 73 to 79% of the site is to remain as
undeveloped open space.
6. The level of development is consistent with the limitations of access in the area. With the
applicant’s traffic consultant concluding that the impact of the proposal would be insignificant
(below a 5% increase), except on Viewland Drive. The increase in traffic on Viewland Drive
would be such that peak traffic flow would be less than 300 vehicles per day.
Page 50 of 200
Section 51
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
Representations were made by the applicant to the conditions, with a negotiated decision issued
13 October 2005.
On 1 December 2005, Council received ‘notice’ that the application was being called in by the
then Minister for Local Government and Planning (Desley Boyle) to assess and decide the
application pursuant to section 3.6.6 of the Integrated Planning Act 1997. The Minister advised
that the application was ‘called-in’ as the development involved matters of state interest,
including a state wildlife corridor through the site, impact on wildlife habitat, the movement of
koalas, and the site contains remnant vegetation.
On 6 March, 2006, the Minister issued a Decision Notice for a Material Change of Use for 26
multiple dwelling units (21 x 3 bedrooms & 5 x 2 bedrooms) and an accommodation building
comprising 12 x 1 bedroom units.
On 17 October 2008, the Department of Natural Resources and Water issued a permit for the
clearing of native vegetation on the site. This permit was issued after the applicant undertook
vegetation offset planting on part of the adjacent Viridian site to offset the proposed clearing of
remnant vegetation on the subject site. The offset rehabilitation was completed and the covenant
established on the title. The clearing permit gave the applicant until the 15 October 2013 to clear
the subject site for the development.
On 21 April 2009, Council issued a Preliminary Approval for Operational Works – Drainage,
Stormwater, Vegetation Clearing, Water & Sewerage, Earthworks and Access & Parking. A
Preliminary Approval was issued because the payment of contributions and bonds were
outstanding. The payment of these is required before a Development Permit can be granted.
On 13 July 2009, Council extended the relevant approval of the Ministerial approval and the
associated Operational Works preliminary approval until the 15 October 2013, which was the
date the State’s vegetation clearing permit was to expire. This aligned the expiry date for all
approvals.
On 31 October 2013, the Department of State Development, Infrastructure and Planning agreed
to extend the relevant period for two (2) years to allow for clearing of vegetation on the site
associated with the development.
3. Assessment
The applicant requests an extension to the relevant periods for both the Material Change of Use
and Operational Works approvals for two years. The current landowner purchased the site three
years ago, after the previous owner went into receivership.
The applicant indicates that a revised, less dense and more sympathetic development is the
likely outcome that will be sought on the land. However, until such a revised outcome is applied
for, the extension of the current approval gives certainty in ensuring the development entitlement
for the site. The applicant indicates that due to the relatively short time for the current land owner
to act on the existing approvals, or finalise an alternative outcome, an extension is requested.
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to
extend the relevant period, the assessment manager must only have regard to:
(a) the consistency of the approval, including its conditions, with current laws and policies
applying to the development, including, for example, the amount and type of infrastructure
contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b) the community’s current awareness of the development approval;
(c) whether, if the request were refused-
(i) further rights to make a submission may be available for a further development
application; and
(ii) the likely extent to which those rights may be exercised;
(d) the views of any concurrence agency for the approval.
Page 51 of 200
Section 52
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
The following provides an assessment against section 388 of the Act.
Consistency with The Noosa Plan & State Policies/Regulations
State Planning Policies
The applicable SPPs have been deemed by the Minister for Local Government and Planning as
being appropriately reflected in Council’s planning scheme and therefore do not warrant a
separate assessment. In addition, the recently adopted Single State Planning Policy does not
apply, as it came into effect after the application had entered the decision period.
South East Queensland Regional Plan
The site is located within the urban footprint of the South East Queensland Regional Plan. The
proposal is for urban development within the footprint and is consistent with the regional land use
intent, regional policies and desired regional outcomes.
South East Queensland Koala Conservation State Planning Regulatory Provisions
The site is located outside of the Koala Assessable Development Area and does not warrant
assessment against the regulatory provisions.
The Noosa Plan
The application was lodged and assessed under the Superseded Planning Scheme and The
Noosa Hill Development Control Plan. The provisions of the Superseded Scheme and The
Noosa Plan are not dissimilar. The Noosa Plan includes the 1.8ha site in a number of zones,
including the Detached Housing (2,481m2), Attached Housing (2,068m2) and Open Space
Conservation (1.34ha) zones (see Attachment 1 – Zone Map).
An assessment of the approved development against the key technical provisions of The Noosa
Plan is outlined below:
Criteria Existing Approval The Noosa Plan Complie
s
Density - 21 x 3 bed units Attached Housing (2,068m2) – 160/ha (33)
(69.3) Detached Housing (2,481m2) - 3.3/600m2
- 5 x 2 bed units (12) (13.2)
- 12 x 1 bed units Total = 46.2 persons X
(16.8)
Total = 98.1 persons
Height Units – 4 storeys/12m Attached Housing (2,068m2) – 3
Lodge – 3 storeys/12m X
storeys/10m Detached Housing (2,481m2) – 2
storeys/8m
Gross 5,000m2 approx Attached Housing (2,068m2) – 1,320m2
Floor Detached Housing (2,481m2) – N/A X
Area
Site 2,835m2 (83%)* Attached Housing (2,068m2) – 827m2 (40%)
Cover Detached Housing (2,481m2) – 992m2 X
(40%)
* Applicable only to the developable area of the site
Page 52 of 200
Section 53
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
The existing approval does not comply with key Noosa Plan requirements relating to density,
height, gross floor area and site cover. Furthermore, the proposal extends substantially beyond
the developable areas identified by The Noosa Plan zone map, into parts of the site designated
Open Space Conservation. This area has significant environmental values and is mapped by the
Biodiversity Overlay for Environmental Protection, given the area includes remnant vegetation.
The proposed development also fails to adequately protect the environmental values and
functions of the creek and its riparian vegetation, given the minimal setbacks to the creek and the
substantial earthworks likely to be required for the approved development. The development
generally west of the creek is also not considered appropriate, given the steep slopes and the
significance of the vegetation. The buildings intrude into the recommended setback of 10m to the
creek, and basement car parks are proposed into parts of the very steep site, requiring
substantial earthworks and clearing to construct the development.
It is recognised that there is some development potential off Attunga Heights, which includes the
existing dwelling on the site and contains more moderate slopes. However, any development in
this area should be of a scale and density consistent with existing and permitted development in
the street, which are predominantly duplexes.
The existing Material Change of Use and associated Operational Works approvals do not meet
the outcomes sought by The Noosa Plan, resulting in inappropriate development impacting on
the site’s environmental and physical constraints.
Infrastructure Charges
Under the provisions of the existing approval, infrastructure contributions have not been required
for the following relevant networks:
Stormwater; and
Public Transport
These networks are now applicable to the proposed development. In accordance with the
position adopted by Noosa Council on 6 February 2014, an infrastructure agreement is required
to secure the additional charges for these networks so that the approval remains consistent with
current laws and policies applying to the development (total of $60,336). These charges are
additional to the infrastructure contributions and/or charges required under the provisions of the
existing approval.
If the proposal were to be approved the applicant would need to enter into an infrastructure
agreement to pay for the missing networks. The total amount required to be paid would be
$621,417 (CPI Dec 2013).
Community’s Current Awareness of the Development, Rights to Submit and Likelihood of
Further Submissions
The original application was publicly notified in 2004 and approved in 2006 by Ministerial call in.
Thirty-two properly made submissions were made during the public notification period.
Since the application was approved, the Noosa Outrigger Resort (Viridian) has been constructed
adjacent to the subject site comprising a total of 192 visitor accommodation units in 11 separate
buildings with associated restaurant and conference facilities. The resort development is located
on the eastern side of the valley, and overlooks the currently vegetated hillside, which makes up
the subject site.
Although an existing access easement (in favour of the subject site) traverses the Outrigger
Resort site, many of the new unit owners are likely to be unaware of the extent of the existing
Page 53 of 200
Section 54
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
development approval on the adjoining site. Residents also in Attunga Heights and opposite the
public walkway are likely to be similarly unaware, with almost 10 years lapsing since the original
notification period. It is likely that further adverse submissions would be received from residents
of these surrounding properties given the proposed development does not comply with The
Noosa Plan provisions and results in significant clearing.
As a result, the proposed extension does not meet the community awareness test for extending
the approval under Section 388c) of the Sustainable Planning Act 2009 and is likely to attract
submissions opposing the development.
Concurrence Agencies
There were no concurrence agencies applicable to the Material Change of Use application.
However, it is noted that the Department of State Development, Infrastructure and Planning
agreed to extend the relevant period for two years, to allow for clearing of vegetation on the site
associated with the development.
4. Conclusion
In deciding a request for an extension to the relevant period, an assessment has been made
against section 388 of the Sustainable Planning Act 2009. The assessment has found that the
development is inconsistent with The Noosa Plan and the community is unlikely to be aware of
the proposal given the time elapsed since public notification, with further submissions likely to be
made against the proposal.
Consultation
External Consultation - Community & Stakeholder
On 31 October 2013, the Department of State Development, Infrastructure and Planning agreed
to extend the relevant period for two (2) years to allow for clearing of vegetation on the site
associated with the development.
Internal Consultation
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health x DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 54 of 200
Section 55
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 1
Locality Plan
Page 55 of 200
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ATTACHMENT 2
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Page 56 of 200
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 2
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Page 56 of 200Section 57
GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
ATTACHMENT 3
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GENERAL COMMITTEE MEETING AGENDA 28 APRIL 2014
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