2014-12-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                      18 DECEMBER 2014


         9.    If design requirements for the site change, whereby the development exceeds
               the accommodation or use of 21 or more equivalent persons, or generates a
               requirement for an ERA63, then an Operator’s Licence from The Department of
               Environment and Heritage Protection (DEHP) will also be required.
         Health
         10.   Due regard should be given to the design and location of noise emitting fixed
               plant and equipment and any acoustic treatment that may be required. It is
               advised that an appropriately qualified acoustic consultant be involved with the
               selection and installation of such equipment. A qualified acoustic consultant can
               give advice on how to best locate and design the equipment such that it can
               meet statutory noise or planning requirements.
         11.   The Environmental Protection Act 1994 states that a person must not carry out
               any activity that causes, or is likely to cause, environmental harm unless the
               person takes all reasonable and practicable measures to prevent or minimise
               the harm. Environmental harm includes environmental nuisance. In this regard
               persons and entities, involved in the civil, earthworks and construction phases
               of development, are to adhere to their ‘general environmental duty’ to minimise
               the risk of causing environmental harm. Environmental harm is defined by the
               Act as any adverse effect, or potential adverse effect whether temporary or
               permanent and of whatever magnitude, duration or frequency on an
               environmental value and includes environmental nuisance. Therefore, no
               person should cause any interference with the environment or amenity of the
               area by reason of the emission of noise, vibration, smell, fumes, smoke,
               vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil
               or otherwise, or cause hazards likely in the opinion of the administering
               authority to cause undue disturbance or annoyance to persons or affect
               property not connected with the use.
         12.   In accordance with the Public Health Act 2005, rainwater tanks must be
               constructed with mosquito proof screens (made from either brass, copper,
               aluminium or stainless steel), and constructed with a mesh size of no more than
               1mm, and must be installed in a way that does not accelerate corrosion. Tanks
               that contain flap valves must be installed so that when closed, mosquitoes
               cannot pass through the valve. It is unlawful under the Public Health Act 2005
               to construct, install or be in possession of a tank that does not comply with
               these requirements.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The development allows the re-use of the existing industrial building on the site
               and improved built form, landscaping and environmental outcomes on the site;
               and
         2.    The site has existing use rights for a major industrial use (brickworks), which is
               also categorised as an Industrial Use Type 2 under The Noosa Plan, and the
               proposal is of substantially lesser intensity




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