2015-05-26 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                    26 MAY 2015


2.   BACKGROUND
Sunshine Coast Council approved a Development Permit for a Material Change of Use for a
Home based business Type 3 - Significant Scale (Quad Bike Tours) subject to 20 conditions at
its Ordinary Meeting on 18 October 2012. The applicant subsequently made representations to 2
conditions relating to effluent disposal and days of operation. Council agreed to the changes and
issued a Negotiated Decision Notice on 2 November 2012.
The approved use allows approximately 800m2 of the 8.95ha site to operate as a base for the
quad bike tour business. The area is used to store 12 quad bikes and to induct tourists on quad
bike operation. The tours commenced in early 2013. Up to 2 x 3hr tours a day are allowed
Monday to Saturday. A maximum of 10 tourists take part led by 2 guides.
Tourists are collected by mini-bus either from their accommodation or from Cooran. Once at the
site they undertake a 20-30 minute briefing and induction. Tours then proceed from the site on
the quad bikes, approximately 500m along Tablelands Road to the Woondum National Park
entrance, on the quad bikes. The bikes are speed restricted to 30km/h and travel single file
behind the tour operator for the journey through the Park.
It is important to note Council’s development approval only relates to the use of the subject site
and not the majority of the tour, which is off site. A Commercial Activity Permit was issued by the
Department of Environment and Heritage Protection allowing the tours within the National Park.
Queensland Police also issued a permit for the quad bikes to use Tablelands Road and the
access tracks in the Park. DEHP extended its permit to March 2018 in April 2015 and Qld Police
extended the road permit until August 2015 in August 2014.
3.   ASSESSMENT
3.1. Statutory Assessment Process
The application seeks a change to the development approval under S369 of the Sustainable
Planning Act 2009. A change to a development approval can only be made where the change
constitutes a ‘permissible change’ as defined in S367.

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 as it seeks to change
     a condition only;
   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 do not alter the nature
     of the approved development; and
   The changes do not involve prohibited development.
4.   REQUEST TO CHANGE CONDITION
Details and assessment of the requested change to the existing conditions are provided below.
Condition 16 – Sunset Clause for Completion of Approved Development
16     Pursuant to s342 of the Sustainable Planning Act 2009, this development approval lapses
       on 31 March 2015, unless application is made and approved by Council for extension.
Applicant’s Request
We wish to apply for the removal of clause 16 Sunset Clause for Completion of the Approved
Development. The purpose of this clause was to assess any complaints made during the
probation period of operation of the business (Quad Bike Training for the purpose of conducting
an already approved tour business of the Woondum National Park).



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