2019-01-14 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 14 JANUARY 2019


Applicant’s request
The current owner wishes to alter this condition to allow additional trucks to the site per day,
proposing to differentiate volumes based on the completion of the upgrade works to Cooroy
Mountain Road.
The applicant seeks to reintroduce condition 5B (with some amendment) and amend condition 5C
to now read:
5B.   Prior to the Council completing the staged upgrade works to Cooroy Mountain Road, weekly
      Trucks shall be limited as follows:
      a)    60 Trucks (namely all semi-trailers, tankers and other trucks, but excluding B-doubles)
            per week
5C.   After the Council has completed the staged upgrade works to Cooroy Mountain Road, weekly
      trucks shall be limited as follows:
      b)    75 Trucks (namely all semi-trailers, tankers and other trucks, but excluding B-doubles)
            per week
      Note: the road upgrade referred to is the upgrading of the remaining 2.2 kilometres of Cooroy
      Mount 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 (Insert year to Council’s
      discretion).
It is the applicant’s opinion that this additional demand should be supported by Council as it is not
substantially different to what was originally approved as per judgement ref: 318 of 2008. The
original judgement included the conditions as shown below:
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
The applicant maintains that these conditions allowed for a total of 60 trucks to access the site over
the course of a week prior to the upgrade of Cooroy Mountain Road and 75 trucks once the upgrade
is completed.
The applicant requests that the provisions specified in condition 5C be incorporated into the revised
condition, to allow the option of additional trucks once the road upgrades have been completed.
The applicant notes that the owners of the premises have paid a substantial contribution to Council
as part of the original approval for this upgrade to occur.
Assessment
There is concern with the applicant’s proposal which essentially reverts to the original 2008 court
approved conditions, but without the limits on the number of AV’s accessing the site per week that
were included in the original conditions, and without requiring relocation of the existing access.
The original approval conditions were arrived at through a rigorous court process in 2008, including
involvement of experts for both Council and the applicant, as well as submitters. That approval
placed limits on the number and composition of trucks that can access the site, as well as requiring
a new upgraded access. When the application was submitted the applicant did not identify any

                                                                                      Page 10 of 40