Council archive · source document
MCU12/0012 Notice of submission Layla Fowler (signed original)
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SCRC CORRESPONDENCE
I I I I I I I I I I~I I I I I I I I I I I I I I
Assessment Manager
B0438473
Development C,ounter
Sunshine Coast Regional Council
Locked Bag 72
@ 19 MAR 2012 .
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Sunshine Coast Mail Centre, QLD 4560 .
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Tewantin
Dear Sir
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I, Layla Fowler of 382 Tablelands Road, Cooran, 4569 am writing to formalise my objection to the Development
Application set out in ’MCU12/2012 for a Material Change of Use Business Class 3 for 298 Tablelands Rd
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Cooran.
The reasons for the objection to the proposed development application are set out below and address th
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various points contained within the application:
MATERIAL CHANGE OF USE IDAS FORM 5
Council states in the Acknowledgement Notice that "Council acknowledges receipt of your application, which "
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was properly made on 6/02/2012" .~
1, However, IDAS Form 5 states that "You MUST complete ALL questions unless the form indicates otherwise.
Incomplete forms or forms without all necessary information and documentation w result in your application
not being a properly made application. " ’.
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As can be seen in the Form 5, the applicant has not completed Questions 4 and 5 of this form which:are a:
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requirement, therefore it is to my understanding that the application is not a properly made application. "
2, Noosa Plan HBB3 requirements regarding the Application and note that a home’ based busin ~s’ an MCU, "
only occupy 300 sq m of land and have no more than 6 people. This business is applying for 10;6 sto.menfplus,"
3 staff. That is 7 more people than permitted under a home based business. Therefore,this appli i M"(jbeS riot "
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meet requirements for a MCU Home Based Business Class 3 under the Noosa Plan. i
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Notification of M~terial Change of Use: : ’:,;f:’,;’::
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Furthermore, the applicant has to directly inform those residents with’a common boundary. In,th1s’c~seJ’.!,,{: .<> ::’ ’1::.># ...,
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believe there are 4 of them. However, there are no references made in the application that the ~’.adjQini(lg’Ir,’ ~;";"<,,, /,:~
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property owners have been notified. If they have not been adequately informed, then the MC:l:}::~ tl:.~ ed.!? b~./~ ’. ":,),:; ’3;’\
re-advertised., ,
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The residents directly opposite the National Park entrance where the 12 quad bikes will be ei:1~’rlng; ’I ing<.
one of them,’ were never notified of the development proposal until the advertising appeared o(l"$h, ’g ,W fthe
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applicant’~ property. However the applicant informed me on the 14th March he had spok m a,~~:’ggt ’{ rQaJ.< :’~’ +\,,:
agreement and in some cases signatures of other residences further away from the ntr nce’t ~’ n ’N ti har’,\ ",,:,’,,’ ’
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1. Proposal
1, "The tours are aimed at educating and increasing awareness of the natural fauna and flora
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area. ,
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The applicant d(je~ not state in what capacity he is able to provide an education and i!"H::reasi
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the fauna and flora’of the tour area. There is no mention of certificati i1 Or qu lification:s t6’
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edU a"tional i3-fmi: Nor d,()es ti explain in what wa he will arm t d cate a:nd raise v’/ ren’
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environrn"ent. TK~te isno:evidence that the applicant ,holds a tourIsm’certifidatioI to C9h9~ct
on what supporting evid rice is the proposed material change of use to be issued in r gards
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2. Location
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298 Tablelands’Rd is situated ’approximately 500 m tres away from the entry of
The property lo’cati.On is also within,normal hearing of persons residing on propertie~
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due to the sloping terr in of the’area. The noise of the riders demonstrating the ridi
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,bikes on the ’property, and in sorrje cases simultaneously, will be a noise pollutiot;do
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and ,trail bush walkers.
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’. , P,oll Jfl.on}:StojJriWatef’,::tuti,~Qft,;Soil Erosion’and Pire
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The d tail:t,m~I3’tl d-i,n this"point as’ will be seen in this subllis~’iqn b ,
consid ratioh(Qft is~ae,v I6prerlt appnca~ion for a’ material chang~ of us
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4. Transport and Vehicle traffic.
1.."We shall,advertise a(1d promote the tours wit(7 a courtesy free mini bus service. This service will provide
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d09r to door collecpon
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nd drop off.
The applicant does not mention the areas that his courtesy free mini bus will service in his application, but
verbally, no!ed that ri. ers from areas such as Gympie will most probably come by private car as there are no
.bus faciUties to Cooran from Gympie. Also the train timetables indicate train services to and from Cooran north
and south are intermittent and occur only during limited periods in the day and night. It is not unreasonable to
foresee an increa$e of traffic to the applicant’s property and along Tablelands Road which will increase erosion
and increase the frequency and cost of maintenance of Tablelands Road.
2. This will also dramatically increase the risk factor of accidents along this narrow, undulating, rocky and
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sweeping road as the tours will be operating twice daily, 7 times a week. With this in mind it is astonishing that
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";’, our local police department have issued conditional registration for the volume and number of the quad bikes
(,-; and tours al ng Tablelands Road proposed in this application. Furthermore, despite the dangerous road
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conditions along Tablelands Road, the policeman states in his letter/permit that he has "no concerns for the
safety ofyour clients or other genera’l road users, traversing Tablelands road and Hill road, should you adhere
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to the Road Rules and other regulations.
; :’.’ With this increase risk to safety on Tablelands Road to and from the applicant’s property and the National Park,
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on what grounds can the material change of use be issued? Quad Bikes are the highest cause of fatalities on
farms. How will the council approve such a material change of use based on the recent report by Australian
Centre for Agricultural Health and Safety (ACAHS)which states "Quad bikes are the leading cause of farm
accidents /I http:Uwww.workcovergld.com.au/news/20 12/guad-bikes-are-the-leading-cause-of-farm-accidents
WORKCOVER OLD
5. Driveway and Parking
Parking is proposed at the main entry to the property where the applicant currently resides as well as near the
shed down the second driveway of the property. The main entry is situated on the side of a hill, and as
neighbouring residents, there are concerns for the use of this narrow and high set parking facilities being an
unsafe option for parking. Other neighbours have also expressed verbally their concern for parking of vehicles
since the provisions are limited. Access of vehicles into and out of the property along both driveways will also
cause an impact on traffic on Tablelands Road. Visually, for those already on the road, it will be difficult to see
the vehicles leaving and entering due to the curves in the road and the narrow conditions of the road.
6: Noise.
The applicant has in my opinion and in my discussion with motor bike mechanic incorrectly stated that:
1. "With the location and thick vegetation no one outside of the property should be able to hear any noise"
The noise impact of 12 bik s preparing for the tour as well as demonstrating their bike riding capabilities will
have a severe impact on the noise levels, since we have on many occasions being able to hear people
speaking, music playing as well as the ongoing chainsaw activities since works started on building the
structures located in the trough / valley of 298 Tablelands Rd property
The noise impact of the operation of the bike tours travelling up Tablelands Road and entering the National
Park will again directly impact heavily upon the residences directly opposite the National Park as well as those
residences and properties along the route to the National Park.
2. ’’The Quad bikes to be used are of the latest technology designed to be as quite as possible. These bikes
are not performance machines and are usually used for farming or hunting. both of which require minimal noise
output ancFa$ such have been designed to be the lowest of all emissions.
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There are nc)details provided about the Make and/or Model of the bikes mentioned in this point to ascertain,
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qualify or quantify this claim made by the applicant. Even the quietest quad bike is still noisy. Therefore this
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statement by theapplical’)t is irrelevant since the source and proof of information is not provided.
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3. ’~s our noise levels will be controlled, there wil! be no further impact to noise on the route of our tours. /I
From my discussions with bike mechanics it will be difficult to govern the throttle of these bikes without
impacting on their ability to make the climb from the trough of 298 Tablelands Road where they will be stationed
up to Tablelands Road and then further up the hill to the National Park entrance. Furthermore the National Park
has steep undulations which will require a fuller increase in throttle for the bikes to climb the slopes and for the
bikes to be ridden safely on the descents on the park road and on Tablelands Rd. This requirement by the
applicant to have the 12 quad bikes leave the proposed property, traverse up and down Tablelands Road and
ride through the National Park main road will have a greater noise impact on the neighbouring residence as
well as the wil life. It is unheard of to make a claim, as the applicant has made, that "there will be no further
impact to npise on the route of tours"
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4. "It should be noted that the four-wheel drive track and Tablelands Road is presently frequented by trial bikes
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generating far more noise than Ouad Bikes.
This is a misleading comment which is only the opinion of the applicant and has not been verified or qualified.
Since the transition of Woondum State Forest to Woondum National Park the frequency of trail bike. riders has
reduced considerably and given back much more tranquillity and peace to the area. The operation of 12 Quad
bikes traversing Tablelands road 4 times 7 days a week will be much more noise and more frequent than the
current conditions.
There are many statements made by the applicant on the item of Noise that are based on opinions rather than
facts and details. In a recent discussion with the applicant, he informed me that the 12 Quad Bikes altogether
would make less noise than 1 car travelling up the road. Once again the applicant has made a comment based
on opinion rather than facts and one that is difficult to fathom.
The noise impact upon us will be great and it will be a negative and heavy impact upon our ability to enjoy our
residence and the surrounding environment which is currently protected. It will impact on our right to peace and
tranquillity of the area.
7. Waste Management and Pollution
1. "AII servicing and oil changes will take place off the property at a service centre. "
There are genuine concerns as to the servicing of the vehicles off site as no mention has been made of who
will be the seNicing agent or seNicing centre within the application or verbally by the applicant. Therefore in
my opinion, this item has not been correctly addressed in the application since no mention of clear seNicing
details has been provided.
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2. All refuelling of the quad bikes will be undertaken over a spillage control tray. Refuelling will only take place
when no guests are on site and by a trained member of staff, adhering to strict refuelling policy. u’. ,
The applicant has not specified or qualified the policy of refuelling. Is this policy that of his own’ business p licy,
or EPA guidelines, Council policy? gj’ .
There is also no reference made to how much fuel will be stored on the property and if it
willb~b’u~ded.
Incorrect and improper storage of fuel dramatically increase the serious fire risk for neighbouring’residences; ;: ~
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endangering,lives and the environment especially since the property is located deep in the vaIJ~’ \..
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8. There is n point 8 in the application. "_
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9. Sewer and Water ~,..
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1. I~S an initial service we propose to rent an on site portable events toilet. These are chemicaf tJ’mp out
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systems serviced in the rental on a weekly basis and pumped out as required. ’,’ :
The applicant has made notes within the application that disabled parking would be available however there is
no mention of the provision of disabled portable toilets on the property to facilitate the needs ofthose that are .’
disabled for the period of the first 6 months.
2. Access by portable toilet hire companies will also be difficult as the road to designated area,:especially in the
case of heavy rains where the road down into the property is undermined or washed away acc~ss will be made
even more difficult. There is no mention of OHS issues such as these where the facilities within the initial time
frame may not be seNiceable.
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3. Also the initial time frame of 6 months is only ’expected’ and may be much longer as approval of a
composting or similar approved toilet system is dependent on many factors. Therefore the provisi ~ns of sanity .
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seem to be unclear and OHS issues on sanity have not been properly addressed in this applicatlon. ,
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9: Soil Erosion and Stormwater ~
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1. "AII existing driveways and tracks have been maintained to ensure correct drainage of storm water. The
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driveways have been compacted with road base incorporating correct drainage.
The road base on driveways does not withstand heavy flash flooding as recently witnessed in the local area
especially in Cooran. Tarred roads did not withstand the flash flooding either. Despite the correct drainage
flash flooding does cause erosion and will impact on the safe usability of the proposed driveway especially
since the driveway steeply winds down into the trough of the property where the bikes will be stationed and
from which tour will commence and where users cars will be parked dUring the touring period.
2. "This gully also receives ’direct run off from Tablelands Rd. The proposed Ouad bike tours willhave no
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impact in this regard.
This statement by the applicant does not have any supportive information to ensure the there will be no impact.
The Quad Bikes have 4 wheels and with 12 bikes travelling to and from the property, 2 times a.day, 7 days a
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week;thig will have an impact upon what is already a rough and narrow road that is full of corrugations due to
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t e heavy an’d constant rainfall in the area. The rainwater run off along Tablelands road is quite heavy and it
erodes thesides of the’road causing the road to narrow. With the heavy use of such bikes on such an unsafe
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r8 d it W’ Uld be1f re true to say that there will be a mor rapid erosion of the road than what we currently
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experienc with the existing traffic c nditions. Also the allowance of parking on the r ad into the applicant’s
property will also suffer more’ erosion due to increase use of motor vehiCles entering and leaving the property
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With no proper identification of risk assessment and management provided in terms of parking, then we can
assume the f sks have not been duly considered.
10. Fire’Prevention and Control
1. There is no fire evacuation plan or procedures included in the application to support the statements made in
this application.
As far as I can see the briefing and bikes location in the trough of the property means the operation of such a
business will have a greater risk of entrapment in case of fire than a property with clear, straight and levelled
.’ access to exit points. Also See item 7. regarding Fuel Storage as an increased fire risk.
11. Signage
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No mention has been made to fire evacuation procedure sign age, Business name registration signage, toilet
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facilities signage, disabled toilet signage, drinking water signage, and no drinking from dam signage.
.12. Safety. frQm Crime and Insurance
-1. No provisio’Q of a proper risk assessment and management has been outlined for these tours nor provided in
this application for any stage of the tours. For example in case of injuries, accidents, disputes, collisions,
flipping, fatalities, fire, flooding, landslide, contamination...etc
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2. No provision for \l,V rkcover QLD Insurance for employees of business.
3. In regards to safety, this is a serious matter for neighbouring residence since this type of activity can also
draw ’unsavoury’ characters to the area. This will have a major impact on the well-being of neighbouring
residences and the security of our property from theft and vandalism.
Briefing
Details of what the following items include have not been provided in this application for the proper
determination of the Material Change of Use:
1. Able to safely operate a Quad Bike
2. Understand our strict rules of riding safety.
3. Understand Ur strict rules of conservation.
4. Agree and understand our terms and conditions.
5. Pass a brief practical riding test.
Since the applic,am has not undergone training the above stated conditions of briefing cannot be qualified or
quantified for th det rmination of this application.
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Rider Licensing
No details have been provided as to the licence requirement of the riders to traverse a public road? Will the
riders be unlicensed road users?
Site Plan ,,’
No location has been indicated on the site plan for disabled portable toilets or the composting toilets. Site plan
only has provision for one Pump out toilet located behind Tree. No undulations are shown on the site plan
considering it set deep in the valley / trough.
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DERM Permit:
I~ 113112 Tours must not be conducted on the National Park roads if 25mm or more of rainfall has fallen during
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the 24 hour period prior to the commencement of the activity.
This is another reason by which a material change of use is questionable since the property and the National
Park is located in a high rainfall and flash flooding area.
Weed Management:
I would think introduction of weeds into the park is a risk to the National Park’s rare eucalypt rainforest,
however I have not seen weed management addressed in the Development Application.
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Conclusion
This is a rural residential area and the proposed material change of use will set a precedence for business and
the community to classify this area as disruptive, unsafe and mostly suitable for risf’< taking enterprises.
Tablelands Road is part of the Noosa Trail and it already facilitates tourism in more sustainable, eco friendly,
low noise and unobtrusive ways. The approval of a Quad Bike Tour business will be a major draw back on this
aspect of tourism and will wipe out more sustainable types of tourism since quad bikes and bush walking don’t
go hand in hand. Neither does an ecological biosphere reserve or lowland subtropical rainforest go hand in
hand with quad bike tours. It is not unreasonable to assume that the usual use of quad bikes in that kind of
environment is not to tour but to go hooning. We believe that the applicant’s actual intended business purpose
will mean that no one will want to go walking, picnicking and using or enjoying the park in because of
any way
the noise, disruption and danger. Everyone else will be pushed out just for the applicant to make money from
the use of the national park, the park which is for the use of all the community
The approval of such an application is a serious concern and it will mean that the Regional Council will
directly
affect the demographic and environmental landscape of this area for many years. There is also no
commitment by the applicant to never sell the business, nor can the applicant guarantee that if he sells the
business that the next owner will attempt to accept the rules and regulations and maximum number of tours
that the applicant says he will adhere to in this application.
The approval of the Material Change of Use will very adversely affect the quality of life for those who have
made their home here and is likely to dramatically reduce the value of homes in the street, destroy the lifestyle
of people who have come to this area for the peace and quiet and to live near a national park. It will bring a
change to the type of people who wish to live here, changing, what for many is a desirable place to live, to one
to be avoided for the sake of one man’s business.
This development application for a MCU, its omissions and errors, cause serious concern by the residents, the
Hinterland community and environmental bodies.
The application is not suitable for approval for a MCU Business Class 3 nor has it been properly made to
warrant consideration for such purposes.
I have made this detailed submission as a genuine concerned resident, a member of the wider community and
a constituent of the Regional Council.
Your Sincerely,
arr
Layla Fowler
15th March 2012
Used in these records
MCU12/0012 Notice of submission Layla Fowler (signed original)Related documentApplication case desk ↗
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