MCU14/0039 - Timeline of Council; Action in relation to the Application for Material Change of Use for Cultivation Type 2 (Hydroponic Greenhouses)

Subject: MCU14/0039 - Application for Material Change of Use for Cultivation Type 2 (Hydroponic Greenhouses)
From: Jack Lewis <[email protected]>
Date: Mon, 16 Jun 2014 01:03:51 +0000
To: "[email protected]" <[email protected]>

#ECMAll

From: Jack Lewis
Sent: Monday, 16 June 2014 10:27 AM
To: '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'
Cc: Tony Wellington; Kerri Coyle; Michael Cantori; Terry Steer; Martin Sergas
Subject: MCU14/0039 - Application for Material Change of Use for Cultivation Type 2 (Hydroponic Greenhouses)

Hi Bob, Jeanette, Ray, Nigel & Beverley

Further to your emails and subsequent meeting with me on Friday, please note the following.


*         In early December 2013, the prospective owner of the site visited Council with their planning consultant to enquire about whether the proposed greenhouses would require a development application. Council gave clear advice to the owner that the proposal for hydroponic greenhouses, would be materially changing the scale and intensity from the existing use of the site as a turf farm, and a new planning application will be required.

*         A Building Approval was subsequently issued by a Private Building Certifier (ref no. PC13/5776 - Pacific BCQ) for the construction of a new commercial greenhouse, based on advice from the owner that no planning application was required.

*         Council were then made aware of the construction of the sheds in March 2014, after a series of complaints made to Council about the activities associated with the shed's construction. The builder was contacted and told about their responsibilities to not make noise as a result of construction activities during the night.

*         Following these complaints, Council's planning compliance officer further investigated the use of the shed, and issued an advisory notice to the owner of the property advising that they are currently operating in breach of The Noosa Plan and the Sustainable Planning Act 2009. The applicant was then given until the 30 April to either cease operating, or lodge a development application for the new use.

*         Following on from this advisory letter, the consultant then requested an extension of time, so as to request a reduction of the development application fees and to compile all relevant documents for the application. The request for a reduction in fees was not considered warranted by Council officers, and the owner was subsequently requested to lodge the application as soon as possible.

*         Martoo Consulting, acting on behalf of the owner then lodged the development application on the 4 June 2014, with the application being properly made on the 11 June 2014.

Council has been actively dealing with the operators of the business to ensure the impacts associated with traffic and noise are not adversely impacting the neighbouring residents.

*         In regard to heavy vehicle traffic leaving the site, the owner responded via email confirming that no heavy vehicles were now using the existing legal access to the site from Lake Macdonald Drive, instead using an existing informal access through the old Brickworks site (see correspondence dated 11 June 2014 attached). A 'Stop Work Notice' was also issued for the construction of the access to the property as it  is creating a dangerous traffic situation.

*         In regard to the noise generated from the site, Council's environmental Health Officer took acoustic readings and has confirmed that the operation of the business associated with the generator is causing sleep disturbance at night time to adjoining residential premises. The owner was then advised that in accordance with the Environmental Protection Act, the use of the generator is not to be audible to residential areas between the hours of 7pm to 7am. On the 13 June 2014, the owner then confirmed via email (see correspondence dated 12 June 2014 attached) that they have undertaken remedial actions to comply with the act.

Council is currently assessing the development application and is about to issue a Request for Further Information in regard to the impacts associated with the use. The impacts which will need to be addressed include storage of chemicals, services (water, sewer & electricity), flooding, earthworks, noise, traffic and stormwater. All correspondence is available to view online HERE<https://noosa-eproperty.t1cloud.com/NOOEPRPROD/P1/eTrack/eTrackApplicationSearch.aspx?r=P1.WEBGUEST&f=$P1.ETR.SEARCH.ENQ> using the application reference MCU14/0039.

If you have any further questions, please do not hesitate to call me.

Regards,

Jack Lewis
Development Planner I Noosa Council

Phone:                    07 5329 6236
Email:        [email protected]<mailto:[email protected]>
Website:    www.noosa.qld.gov.au<http://www.noosa.qld.gov.au/>
Location:   Level 2, 9 Pelican Street, Tewantin
Mail:          PO Box 141 Tewantin Qld 4565

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