20140428 - General Committee Report - Cooroy Mountain Spring Water - Change to Approval

<.	PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF PLANNING & 	ENVIRONMENT COURT ORDER (318/2008) FOR A DEVELOPMENT PERMIT FOR A 	MATERIAL CHANGE OF USE FOR A RESOURCE BASED SPRING WATER 	BOTTLING PLANT (COOROY MOUNTAIN SPRING WATER) AT 314 COOROY 	MOUNTAIN RD, COOROY MOUNTAIN

Author	Senior Development Planner, Denis Wallace 
	Planning & Infrastructure
Index	ECM/Application/132006.268.02
Attachments	1. 	Locality Plan
2. 	Court Approval for Spring Water Bottling Plant

APPLICATION DETAILS
Application Number:	132006.268.02
Applicant:	Cooroy Mountain Spring Water Pty Ltd
Request Received Date:	4 March 2014
Original Approval Type:	Planning & Environment Court Order 318 of 2008 for Material Change of Use – Resource Based Spring Water Bottling Plant
Number of Submissions to Original Application:	32
PROPERTY DETAILS
Property Address:	314 Cooroy Mountain Rd Cooroy Mountain 4563
RP Description:	Lot 2 SP143409
Land Area:	48.17ha
Existing Use of Land:	Bottling Plant/Detached House/Rural
STATUTORY DETAILS
SEQRP Designation:	Regional Landscape & Rural Production
Planning Scheme:	The Noosa Plan
Planning Locality:	Cooroy & Lake Macdonald Locality Rural Zone
Planning Zone:	
Assessment Type:	Pre-Response Request for a Permissible Change to Conditions of Approval
RECOMMENDATION
That Council agree in part to the pre-response request to change Planning & Environment Court Order 318 of 2008 (Application No.132006.268.02), situated at 314 Cooroy Mountain Road, Cooroy Mountain, in accordance with the following details:

A.	Agree to delete conditions 5B, 5G & 18B;

B.	Agree to change conditions 5C, 5E, 5F, 8, 9, 13 & 18A to read:

5C.	Trucks attending the site must not exceed a total of 8 trucks per day and must not include B-Doubles.

5E.	The hours of operation for the use are limited to 6:00am to 6:00pm Monday to Friday.

5F.	A maximum of 12 staff (including drivers) are permitted on the premises during the hours of operation and are not permitted prior to 6:00am.

8.	The existing site access shall be upgraded.  The works must be undertaken as part of an Operational Works application and include the following:
Design and construction generally in accordance with Council’s Standard Drawing No SEQ R-056.
The clearing of vegetation in the road reserve as described in the submitted Traffic Impact Assessment prepared by RoadPro Development dated 11 December 2013.
Any other clearing necessary to provide the “Safe Sight Distance” as indicated on Council’s Standard Drawing No SEQ R-056.
Additional signage in Cooroy Mountain Road warning of “Trucks Turning”. The signage must be in accordance with the current edition of the Manual of Uniform Traffic Control Devices Queensland.
The ongoing maintenance of the site access, associated clearing and signage is the property owner’s responsibility.
9.	The access driveway extending from the Cooroy Mountain Road frontage to the buildings must have a sealed surface and be maintained in good order.

13.	A minimum of 13 uncovered carpark spaces shall be provided on site, including 1 clearly defined disabled carpark space.

18A.	The design and construction of the on-site effluent disposal system and disposal area shall be in accordance with the  Site and Soil Investigation for On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental, dated November 2013, subject to the following requirements:
Ongoing monitoring of treatment process and disposal areas shall be undertaken to ensure both are functioning effectively over time. They shall be undertaken generally as follows:
Annual monitoring shall be undertaken from the time of commissioning to determine the quality of the wastewater produced from the effluent treatment system;
Monitoring of the soils, vegetation and groundwater in the application area shall be undertaken every three years to establish that such is not percolating into the groundwater;
Sampling and testing shall be in accordance with relevant regulatory requirements and manuals such as those provided by the Environmental Protection Agency, with testing undertaken by an accredited Laboratory;
Continuous monitoring shall be undertaken by the system for any water on the surface of the application area, downslope resurfacing, changing plant growth on or around the application area and any other signs of problems, and addressed through maintenance or servicing.
(vi)	Washing plant, equipment or vehicles shall be undertaken off-site. If on-site washing of any plant or equipment is necessary, all wastewater shall be collected in a sump and disposed of off-site as trade waste by a registered operator.
(viii)	Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic Plan (Open Space-Conservation & Waterway Protection) is to be undertaken in addition to replanting as detailed in Drawing HJ0085.1.2 of the Conceptual Site-Based Stormwater Management Plan.

C.	Refuse to change conditions 15 and 16;

D.	Include the following additional conditions:

The effluent holding tank and STP shall have visual and audible high level alarms systems installed with secondary power backup (e.g.: battery power);

The effluent facilities and grease trap facility shall be serviced and maintained on a three monthly service regime with all documentation for maintenance and servicing forwarded to Noosa Council.

REPORT
Proposal

The applicant has requested Council provide a pre-request response notice to change conditions of a Development Permit for a Material Change of Use for a Resource Based Bottling Plant issued by the Planning & Environment Court.  The proponent advises it wishes to significantly reduce the scale of the approved operation and seeks changes to a number of the conditions that attach to the Court Order (included as Attachment 2).

The applicant indicates the Cooroy Mountain Spring Water business will now operate as follows:

Reduced operations from 5 days per week plus 5 Saturdays per year to 2 - 3 days per week;
A reduced number of employees from 48 to approximately 3 - 4 staff (maximum of 10) and 3 visitors at any one time;
No longer manufacturing or distributing products for office water coolers;
Reduced vehicle movements and access requirements due to the changes in manufacturing and hours of operation; and
Changes to on-site effluent requirements as a result of the reduced number of employees and visitors.
The applicant originally sought changes to conditions 8, 9, 13, 15, 16, 18A & 18B in relation to car parking, access relocation, development contributions and effluent treatment.  During the course of the assessment it also agreed to change conditions 5B, 5C, 5E, 5F & 5G relating to truck movements, staff and operating hours and add two new effluent treatment conditions.

Background

A development approval for a Home Occupation (Bottling of Natural Spring Water) was granted in September 1991 and since operated as Cooroy Mountain Spring Water.  Over time, the business expanded significantly.

In February 2006 an application was lodged for the Resource Based Spring Water Bottling Plant.  The use included on-site bottling and packaging of spring water from 3 bores and employed up to 60 people in peak periods.  The associated factory on the site is approximately 3,000m2 in size.

During the public notification of the application 28 objections were received as well as 3 letters and 1 petition with 264 signatures in support of the application.  The objections were primarily concerned with amenity impacts - that the use could be more appropriately located, lack of need, excessive traffic and the use being inappropriate in a water supply catchment area.

Staff recommended the application be refused because the subject development was considered likely to impact on the amenity of residents in the area and did not demonstrate sufficient planning need to operate from the site to overcome the conflict with The Noosa Plan.  Noosa Council decided to approve the application and issued a development permit on 6 March 2008.  The applicant subsequently made representations to the development approval conditions.  Council agreed to some of the changes and issued a Negotiated Decision Notice.

On receipt of the decision, six submitters who objected to the development lodged an appeal to the Planning and Environment Court (No. 314/08) that the application be refused.  The applicant (Cooroy Mountain Spring Water) also lodged a separate appeal to the Court seeking amendments to Conditions 5 and 16 relating to hours of operation, vehicle movements and roadworks contributions.

On 2 August 2010 the Court dismissed the submitters’ appeal after the applicant agreed to include additional conditions on the approval and allowed in part the applicant’s appeal to amend conditions of the approval.  The decision, included as Attachment 2, represents the current development approval.

Administrators were appointed for the Cooroy Mountain Spring Water companies in September 2011 and the operation ceased around August 2012.  The new owner, who also owns Wimmers Soft Drinks, purchased the company from the receivers in July 2013.

Complaint History

The previous operation of Cooroy Mountain Spring Water had an extensive history of complaints spanning almost 10 years.  Generally speaking, the complaints began as the development expanded from an approved home based business to a much more substantial commercial operation and the majority related to traffic generation.  The complaints resulted in various breach actions by Council and also the lodgement of the application that led to the current development approval.

Statutory Process

The applicant advises it intends to request a permissible change to the development approval under s369 of the Sustainable Planning Act 2009 and seeks Council’s pre-response prior to making the application to the Court, as provided for under s368.  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;
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 relate to a reduction in the intensity of the development; and
The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the request.

Assessment

Details and assessment of the requested changes to the existing conditions are provided below.

Condition 8 & 9 – Access Driveway

8.	The applicant shall relocate the existing site access to a location between 80 and 110 metres east of the existing site access on Cooroy Mountain Road, to the reasonable satisfaction of Council.  The intersection between Cooroy Mountain Road and the relocated site access shall be designed and constructed to provide safe turning areas for the vehicles likely to use the access. In this respect the intersection between Cooroy Mountain Road  and  the relocated  access  shall  be  designed  and constructed in accordance with the most recent edition of the Department  of Main Roads  Road Planning and Design Manual and The Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and Earthworks. The redundant access (i.e. the existing access driveway) shall not be used for vehicular access. To ensure vehicular access via the redundant access does not occur, the redundant access point within the Cooroy Mountain Road reserve shall be revegetated in accordance with Council standards.

9	The relocated driveway from Cooroy Mountain Road to the car parking loading area shall be sealed, designed and constructed in accordance with AS/NZS2890.1-2004, AS2890.2-2002 and The Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and Earthworks. The relocated driveway shall be designed and constructed to grades that prevent vehicles from scraping and/or bottoming whilst also allowing pedestrians movements along the footpath without any step or level difference.  Should any driveways be constructed to grades that do not comply with ASINZS2890.12004 and AS2890.2-2002, Council will require that the driveway be removed and reconstructed to levels that do comply.

Applicant’s Request

The [submitted] Traffic Impact Assessment prepared by RoadPro Development provides a new assessment of the proposed operations and confirms that the required road access and vehicle movements are minimal given the proposed reduction in operations (i.e. no distribution of water coolers and reduced days of operation p/week).

Further, the location of the access driveway has been reviewed with consideration to the number of vehicles accessing the site. Given that the existing driveway has been operating adequately for a number of years, the location meets the Australian Standards requirements and there is good sight visibility, low traffic volumes and the existing local driver awareness of this access, it is considered appropriate to retain the driveway in its current location.  On this basis, it is proposed that the existing site access be retained and that Conditions 8 and 9, which refer to a new site access, be deleted.

Assessment

The proposed changes to the use significantly reduce the number of traffic movements (both passenger and heavy vehicles) for the development. The submitted Traffic Impact Assessment prepared by RoadPro Development has considered the current access in regard to the proposed changes. The assessment includes recommendations regarding road side clearing and finds that the current access is sufficient to cater for the proposed use.

Although the access is located in close proximity to the Lukes Road intersection, the number of traffic movements is small and Council staff generally agree with the conclusions of the assessment.  It is recommended that Condition 8 be amended to permit the use of the existing access and, in addition to the roadside clearing described in the traffic assessment, require that suitable signage be provided advising of the potential for trucks turning into/from the site.

The existing access driveway from the Cooroy Mountain Road frontage to the buildings is sealed, although it is in poor condition in parts and Condition 9 should be amended to ensure that the access driveway is sealed and maintained.

Condition 13 – Carparking

13.	A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly defined disabled carpark space.

Applicant’s Request

The facility will operate with a maximum of 10 employees and a maximum of 3 visitors. As such, it is requested that Condition 13 be reduced to require only 13 car spaces.

Assessment

It is agreed that the condition can be amended to reduce the carpark area to reflect the reduced staff numbers.

Conditions 15 & 16 – Roadworks Contributions

15.	A contribution of $5,960 shall be paid to the Council towards the cost of improvements to the major road  network  of  Cooroy, as  a  result  of  increase  traffic  generation  caused  by  the  proposed development. The contribution shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.

16.	A contribution of $160,975 shall be paid to the Council towards the cost of improvements to Cooroy Mountain Road, as a result of increase traffic generation caused by the proposed development. The contribution shall be paid to the Council prior to obtaining a Development Permit for Operational Works. This amount will be subject to variations in the Consumer Price Index, All Groups Brisbane from December 2007 until the date of payment.

Applicant’s Request

It is requested that a payment plan be implemented for the contributions outlined within Conditions 15 and 16. As such, it is requested that the following notation be included:

Payment of the applicable contributions outlined by Conditions 15 and 16 is to be made in accordance with the approved payment plan.

Assessment

The contributions associated with these conditions have been outstanding since 2008 when the approval took effect.  The company’s liability in this regard was evident at the time of the recent purchase.  Council has undertaken the road upgrades to Cooroy Mountain Road and it is not considered appropriate to further delay payment of the contributions.

The requested change is not supported.

Condition 18A & 18 B – Effluent Treatment

18A.	The design and construction of the on-site effluent disposal system and disposal area shall be in accordance with the Conceptual Effluent Treatment and Disposal Strategy prepared by Gilbert and Sutherland, dated November 2009, subject to the following requirements:
Ongoing monitoring of treatment process and disposal areas shall be undertaken to ensure both are functioning effectively over time. They shall be undertaken generally as follows:
Annual monitoring shall be undertaken from the time of commissioning  to determine the quality of the wastewater produced from the effluent treatment system;
Monitoring of the soils, vegetation and groundwater  in the application  area shall be undertaken  every three years to establish that such is not percolating into the groundwater;
Sampling and testing shall be in accordance with relevant regulatory requirements  and manuals such as those provided by the Environmental Protection Agency, with testing undertaken by an accredited Laboratory;
Continuous monitoring shall be undertaken by the system for any water on the surface of the  application area, downslope resurfacing, changing  plant growth  on or around the  application  area  and  any  other  signs  of  problems,  and  addressed   through maintenance or servicing.
(ii)	A reserve disposal area 100% the size of the primary disposal area shall be nominated and located outside required buffer areas. The location shall be provided as part of the detailed design report at the Operational Works application stage.
(iii)	A minimum of secondary standard effluent treatment with disinfection to achieve the required microbiological quality (i.e. 200cfu/100ml with no sample over 1000cfu/100ml mL) shall be adopted.
(iv)	Detailed MEDLI modelling shall be undertaken at the operational Works application stage to confirm the appropriate size for the effluent disposal area to ensure  this is equal to plant uptake, soil storage and environmentally acceptable release rates.
(v)		More information on the source/s and respective volumes of wastewater produced during bottling  etc shall be  provided  in a  detailed  site-based  stormwater  management  plan (SBSWMP) at the Operational Works application stage, including  monitoring  of actual wastewater production rates.
(vi)	Washing plant, equipment or vehicles shall be undertaken oft-site. If on-site washing of any plant or equipment is necessary, all wastewater shall be collected  in a  sump and disposed of oft-site as trade waste by a registered operator.
(vii)	Additional monitoring of wastewater  discharge  at Outflow  Point  1  (G  &  S  drawing  H J0085.1.7) is to be carried out to demonstrate compliance  with the desired  SVSWMP water quality objectives in support of an operational Works approval, and on an on-going month basis to demonstrate continued compliance with SBSWMP water quality objectives. This monitoring  and assessment  of  the  impact  must  be  carried  out  compliance  with  the Ecoaccess operational policy "Wastewater Discharge to Queensland Waters".
(viii)	Rehabilitation of the waterway of the site, as indicated by the 1997 Strategic Plan (Open Space-Conservation & Waterway Protection) is to be undertaken in addition to replanting as detailed in Drawing HJ0085.1.2 of the Conceptual Site-Based Stormwater Management Plan.

18B.	The Conceptual Effluent Treatment and Disposal Strategy prepared by Gilbert and Sutherland, dated October 2009 assumes a combined bottled/bulk water production volume of 24 ML/annum which produces 7.2 ML/annum of waste water. If the production rate increases over 24 ML/annum: additional settlement ponds, chemical treatment and flocculation is required in addition to those measures specified in the Conceptual Effluent Treatment and Disposal Strategy and condition 18A of this approval. These additional measures are to be achieved through larger {vertical) holding tanks and chemical dosing within the approved development footprint Erosion & Sediment Control

Applicant’s Request

Condition 18A refers to Effluent Disposal requirements, which will now be superseded by the Site and Soil Investigation for On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus Environmental. This report addresses each provision within Condition 18A and integrates the relevant requirements or changes, where applicable. As such, it is requested that condition 18A be updated to reflect this new report and condition 18B be deleted.

Assessment

Council’s plumbing unit has reviewed the submitted effluent report and supports the proposed changes, subject to the following additional requirements agreed with the applicant:

The effluent holding tank and STP shall have visual and audible high level alarms systems installed with secondary power backup (e.g.: battery power).

The effluent facilities and grease trap facility shall be serviced and maintained on a three monthly service regime with all documentation for maintenance and servicing forwarded to Noosa Council.

Conditions 5B & 5C – Truck Movements

5B.	Prior to the Council completing the staged upgrade works to Cooroy Mountain Road, weekly Trucks shall be limited as follows:
40 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but excluding B-Doubles) per week;
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:
50 water carrying trucks (namely all semi-trailers, tankers and other trucks carrying water but excluding B-Doubles) per week;
25 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).

Note: The road upgrade referred to is the upgrading of the remaining 2.2. kilometres of Cooroy Mountain 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 2012/2013.

Assessment

The road upgrade works are now generally complete and the applicant has agreed condition 5B can be deleted and 5C simplified to reflect the reduced intensity of the use, with no more than 8 trucks a day now proposed.

Condition 5E – Hours of Operation

5E.	The hours of operation for the use are limited to:
6:00am to 10:00pm Monday to Friday;
8:00am to 5:00pm on no more than five (5) Saturdays per year, where production has been disrupted during the week due to breakdown.

Assessment

To reflect the reduced intensity of the use the applicant has agreed to amend this condition to limit the hours to 6am to 6pm Monday to Friday only.

Condition 5F & 5G – Maximum Staff

5F.	A maximum number of 48 staff (including drivers) are permitted on the premises during the hours of operation and are not permitted to arrive at the premises prior to 6:00am except for:
1 employee (maintenance worker) who is permitted to arrive at 5:00am Monday to Friday;
1 employee (maintenance worker) who is permitted to arrive at 5:30am Monday to Friday; and
8 employees (production workers) who are permitted to arrive at 5:45am Monday to Friday;

5G.	Administrative staff will be relocated from the site by 31 October 2012 such that the maximum number of staff on site from that time forward will be 30, generally represented by 15 production workers, 7 semi-trailer drivers, 3 management staff (from time to time), 2 ancillary truck drivers and 2 maintenance workers.

Assessment

To reflect the reduced intensity of the use the applicant has agreed to amend condition 5F to limit the maximum number of staff on site to 12 (including drivers) from 6am only and to delete condition 5G.

Consultation
External Consultation - Community & Stakeholder
Nil

Internal Consultation
Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order	X	Building & Plumbing Services
	Waste & Environmental Health	X	DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

ATTACHMENT 1
Locality Plan

ATTACHMENT 2
Court Approval for Spring Water Bottling Plant

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GENERAL COMMITTEE MEETING REPORT	28 APRIL 2014

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1. We advise ‘interested parties’ ic. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities
‘under the Disability Discrimination Act (DDA) in regard to the installation of disabled access and the
provision of disabled facilites, and that access to this building and the provision of sanitary facilties
may need to comply with the requirements of Section © Part D3 and Section F Clause F2.4 of the
Bullding Code of Australia,

2. Noise from building works associated with commercial and or industrial development should comply

with the following =

. Limited to between 7:00am to 6:30pm Monday to Saturday.

. All reasonable measures are taken to minimise noise emissions.
. ‘Not permitted on Sunday or public holidays,

3, In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud, paint,
cement, concrete, builder's waste or rubbish should not be permitted to enter or be placed where it
could reasonably be expected to move into @ roadside gutter, storm water drain or @ watercourse,
(On the spot fines apply for such offences.

4, The applicant is informed that payment via credit card transaction will not be an acceptable method
of payment for development contributions conditioned in this permit or for infrastructure charge
notices issued separately.

1a! Cultural Heritage Act 2003,

‘There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals
pursuant fo the Aboriginal Cultural Heritage Act 2003 (ACH Act)

‘The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out
an activiy must take all reasonable and practicable measures to ensure the activity does not harm
‘Aboriginal cuttural heritage’. Itis an offence to fail to comply with the duty of care. Substantial monetary
penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be
Iseued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue
slop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural
heritage value of Aboriginal cultural heritage.

‘You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any obligations
under the ACH Act.

 

6 _ PROPERTY NOTES

 

Not appicable
7” PRELIiMNARY APPROVAL GVERRIDING SCHEME

 

‘Not applicable

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8 FURTHER DEVELOPMENT PERMITS REQUIRED
‘Type of Development Permit ‘Subject of the required Development Permit
required
Development Permit for Building Works All Building Works

Development Permit for Operational Access, Carparking, Roadworks, Stormwater Drainage,
Works. Frontage Works and Erosion and Sediment Control

9 SELF ASSESSABLE CODES -

‘The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:

‘Advertising Devices Code

208


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‘COOROY MOUNTAIN SPRING WATER FACTORY UPPER LEVEL PLAN


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LOWER LEVEL PLAN >


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In the Planning and Environment Court No 318 of 2008
Held at: Maroochydore

Between:  COOROY MOUNTAIN SPRING WATER Appellant
PTY LTD ACN 053 498 285
And. SUNSHINE COAST REGIONAL COUNCIL Respondent
And: JOHN HARDING, JOHN FORTH, Co-Respondents by

ADRIENNE FORTH, JOAN ALEXANDER, Election
IAN BENNETT AND PETER MOON

JUDGMENT

Before His Honour Judge Dodds
Date of Hearing: 2 August 2010
Date of Judgment: 2 August 2010

‘THIS MATTER HAVING on this day come on for hearing by way of an appeal
against the Respondents approval of a development application for a Development
Permit for a Material Change of Use (Resource- Based Spring Water Bottling Plant)
in relation to Land at 314 Cooroy Mountain Road, Cooroy and also described as Lot 2
on SP 143409.

UPON the Court being satisfied that the changes to the plans of development are
“minor” within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act
1997 as amended by sections 821 and 350 of the Sustainable Planning Act 2009.

ITIS ADJUDGED that:
1. the appeal be allowed in part;

2. the changed application be approved subject to the amended conditions
attached hereto and marked “Attachment A”;

JUDGMENT CONNOR OMEARA
Filed on behalf of the « Appellant Solicitors
Form PEC-7 Level 5, 370 Queen Street
BRISBANE 4000
Phone: 3221 3033,
Fox: 3221 6661

 


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3. there be liberty to apply.

Filedon Olo. 08. JOD

 

id by:
Service address:
Phone:

Fax:

 

Connor O’Meara Solicitors

Level 5, 370 Queen Street, Brisbane 4000
(07) 3221 3033
(07) 3221 6661

 

   


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1 APPLICATION DETAILS.

Application No: 2006268

‘Street address: 314 Cooroy Mountain Road, Coorey Mountain
Real property Lot2 SP 143409

description:

Planning Scheme: ‘The Noosa Plan

2 RELEVANT PERIOD OF APPROVAL,
‘The relevant period for this Development Approval is identified in the Assessment Manager conditions.
3. ASSESSMENT MANAGER CONDITIONS

and Use

4. Development undertaken in accordance with this approval must generaly comply with the approved
plans of development. The approved plans are numbered SKO1 and SKO2 dated 2 August 20 10and
§3s may be amended by these conditions

2. The development must be undertaken and operated in a manner that causes no detrimental effet
upon the amenity of the neighbourhood by reason of the creation of excessive nolse, lighting

Vehicle and Truck Movements

3. Allvehicies associated wih the use shall rave othe stevia the western end of Coorey Mountain
Road

a

5A. Trucks are not to arrive at or leave the premises outside the hours of 7:00 am to 6:00pm Monday to
Friday.

58. Prior to the Council completing the staged upgrade works to Cooroy Mountain Road, weekly Trucks,
shall be limited as follows:

(@) 40 water carrying trucks (namely ail semi-railers, tankers and other trucks carrying water but
excluding B-Doubles) per week
(©) 20 ancillary trucks (namely non-articulated trucks and non-water carrying trucks).
SC. After the Council has completed the staged upgrade works to Cooroy Mountain Road, weekly
‘Trucks shail be limited as follows:
(2) 50 water carrying trucks (namely all semi-tallers, 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).
Note: The road upgrade referred to is the upgrading of the remaining 2.2 kilometres of Cooroy
‘Mountain Road to provide two (2) 3.6 metre wide traffic lanes with a 1.0 metre wide sealed shoulder

to a tolal formation width of 9.0 metres. itis envisaged thal the upgrade works to Cooroy Mountain
‘oad will be completed in the financial year 2012/2013.

5D. Truck drivers will comply with the requirements of the “Truck Drivers Code of Conduct" dated 2
‘August 2010 which requires, amongst other things but is not limited to:

 

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(@) the use of engine/exnaust brakes along Topaz Steet and Coory Mountain Road be
prohibited except in case of an emergency (ie. safety requirement);

(©) Maximum speed on Topaz Street and Cooroy Mountain Road to be 60 kv.
Hours of operation
SE. The hours of operation for the use are limited to:
+ 6:00am to 19:00pm Monday to Friday;
+ 8:00am to 5:00pm on no more than five (5) Saturdays per year, where production has
been disrupted during the week due to breakdown.
‘Maximum staff

SF. Amaximum number of 48 staff (including drivers) are permitted on the premises during the hours of
‘operation and are not permitted to arrive at the premises prior to 6:00 am except for:

1 employee (maintenance worker) who is permitted to airive at §:00 am Monday to Friday;

+ Lempioyee (maintenance worker) who is permitted to arrive at 5:30 m Monday to Friday:
and

to
+ Bemployees (production workers) who are permitted to arrive at §:45 am Monday Friday,

5G. Administrative staff will be relocated from the site by 31 October 2012 such that the maximum,
number of staff on site from that time forward will be 30, generally represented by 15 production
staff, 7 semi-traler drivers, 3 management staff (fiom time to time), 2 ancillary truck drivers and 2
‘maintenance workers.

Home and office deliveries

5H. No home or office delivery staff or vehicles shall operate from the premises.
Miscellaneous

6 Existing trees on the site and within road reserves are to be retained, except where required to be
Femoved due to building operations of the conduct of the approved use. These landscape plans
required to be submitted are to denote areas of existing vegetation or existing trees proposed or
required to be retained

7. Any advertising sign or device is to comply with Council's policies on advertising.
Land Development

Vehicte Access and Frontage works

8, The applicant shall relocate the existing site access to a location between 80 and 110 metres east
‘of the existing site access on Cooroy Mountain Road, to the reasonable saisfaction of Council, The
intersection between Cooroy Mountain Road and the relocated site access shall be designed and
‘constructed to provide safe turning areas for the vehices likely to use the access. In this respect the
intersection between Cooroy Mountain Road and the relocated access shall be designed and
constructed in accordance with the most recent edition of the Department of Main Roads Road
Planning and Design Manual and The Noosa Plan Planning Scheme Policy 5 Engineering Design
Standards - Roads, Drainage and Earthworks. The redundant access (ie, the existing access
Ariveway) shall not be used for vehicular access. To ensure vehicular access via the redundant
access does not occur, the redundant access point within the Cooroy Mountain Road reserve shall
be revegetated in accordance with Council standards,

9. The relocated driveway from Cooroy Mountain Road to the car parking loading area shall be sealed,
designed and constructed in accordance with ASINZS 2890,1-2004, AS 2890.2-2002 and The
Noosa Plan Planning Scheme Policy 5 Engineering Design Standards - Roads, Drainage and
Earthworks. The relocated driveway shall be designed and constructed to grades that prevent

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Vehicles from scraping andior bottoming whilst also allowing pedestrians movements along the
footpath without any step or level difference. Should any driveways be constructed to grades that
do not comply with ASINZS 2890.1-2004 and AS 2890.2-2002, Council will require that the
driveway be removed and reconstructed to levels that do comply

10. Allvehictes shall enter and leave the site in a forward direction,
Loading Areas

14, Sealed loading and manoeuvting areas for the heavy vehicles shall be provided on site generally as
‘shown on drawing number SK-01, dated 2 August 2010and shall comply with the requirements of
‘AS 2890.2-2002 where applicable.

Car Parking

12. A sealed car parking area shall be provided on site generally as shown on drawing number SK-01,
dated 2 August 2010 and shall comply with the requirements of ASINZS 2890.1-2004 where
applicable.

13. A minimum of 25 uncovered carpark spaces shall be provided on site, including 1 clearly defined
disabled carpark space.

14. Allcarparking shall be kept, maintained and tine-marked in a condition fil for use.
Roadworks Contributions

16. A contribution of $8,960 shell be paid to the Council towards the cost of improvements to the major
road network of Cooroy. as a result of increase traffic generation caused by the proposed
development. The contribution shall be paid to the Council pror to obtaining a Development Permit
for Operational Works. This amount will be subject to variations in the Consumer Price Index, All
Groups Brisbane from December 2007 until the date of payment.

16. A contnbution of §160,975 shall be paid to the Counci towards the cost of improvements to Cooray
Mountain Road, as a result of increase traffic generation caused by the proposed development. The:
ccontribution shall be paid to the Council prior to obtaining a Development Permit for Operational
Works. This amount will be subject to variations in the Consumer Price Index, Ali Groups Brisbane
from December 2007 until the date of payment,

Water Quality

17. The applicant shall submit a Water Management Plan for Council approval prior to the issue of any
Operational Works Permit. The Water Management Plan shall be prepared by a suitably qualified
Environmental Engineer and certified by a Registered Professional Engineer of Queensiand
‘The Water Management Pian shail detail water quantity and quality requirements of environments
‘receiving runoff from the site. The Water Management Plan shall demonstrate that appropriate
treatment measures will be incorporated into the proposed use to ensure the existing water quantity,
‘and water quality within environments receiving runoff from all aspects of the proposed use (i.e.
including but not limited to etfent, carpark runoff and any by products of industrial use occurring on
site) are maintained in accordance with The Noosa Plan and the Environmental Protection (Water)
Policy 1997.

Effluent Disposal

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18A. The design and construction of the on-site effluent disposal system and disposal area shall be in
accordance with the Conceptual Effuent Treatment and Disposal Strategy prepared by Gilbert and
Sutherand, dated Gelber gO09, subject fo the folowing requirements

 

(ongoing manicing of teatment process and disposal areas shall be undertaken to
ensure both are functioning effectively overtime. They shall be undertaken generally
2 follows:

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+ Annual monitoring shall be undertaken from the time of commissioning to determine
the quality of the wastewater produced from the effluent treatment system,

‘+ Monitoring of the soils, vegetation and groundwater in the application area shall be
Undertaken every thfee years to establish that such is not percolating into the
‘groundwater;

+ Sampling and testing shal be in accordance with relevant regulatory requirements and
‘manuals such as those provided by the Environmental Protection Agency, with testing
undertaken by an accredited Laboratory:

*+ Continuous monitoring shall be undertaken by the system for any water on the surface
of the application area, downslope resurfacing, changing plant growth on or around
the application area and any other signs of problems, and addressed through
‘maintenance or servicing,

A reserve disposal area 100% the size of the primary disposal area shall be nominated
and located outside required buffer areas. The location! shall be provided as part of the
detailed design report at the Operational Works application stage.

‘A minimum of secondary standard effluent treatment with disinfection to achieve the
fequired microbiological quality (ie. 200 cfu/100 mL with no sample over 1000
cfurt00mL) shall be adapted.

Detailed MEDLI modelling shall be undertaken at the operational Works application stage
to confirm the appropriate size for the effiuent disposal area to ensure this ‘s equal to
plant uptake, soil storage and environmentally acceptable release rates

‘More information on the source/s and respective volumes of wastewater produced during
bottling ete shall be provided in a detailed site-based stormwater management plan
(SBSWMP) at the Operational Works application stage, including monitoring of actual
Wastewater production rates,

Washing plant, equipment or vehicles shall be undertaken offsite. If on-site washing of
any plant or equipment is necessary, all wastewater shall be collected in a sump and
disposed of of-site as trade waste by a registered operator.

 

Additional monitoring of wastewater discharge at Outflow Point 1 (G & S drawing H
J0085.1.7) is to be carried out to demonstrate compliance with the desired SVSWMP
water quality objectives in support of an operational Works approval, and on an on-going
‘basis to demonstrate continued compliance with SBSWMP water quality objectives. This
monitoring and assessment of the impact must be cartied out compliance with the
Ecoaccess operational policy “Wastewater Discharge to Queensland Waters”,

Rehabilitation of the waterway of the site, as indicated by the 1997 Strategie Pian (Open
‘Space-Conservation & Waterway Protection) is to be undertaken in addition to replanting
aS detailed in Drawing H J0085.1.2 of the Conceptual Site-Based Stormwater
Management Plan.

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188, The Conceptual Effluent Treatment and Disposal Strategy prepared by Gilbert and Sutherland,
dated October 2009 assumes a combined bottied/bulk water production volume of 24 ML/annum,
which produces 7.2 MU/annum of waste water. If the production rate increases over 24 MUannurn,
‘additional settlement ponds, chemical teatment and flocculation is required in addition to those
measures specified in the Conceptual Efiuent Treatment and Disposal Strategy and condition 1BA
Of this approval. These additional measures are to be achieved through larger (vertical) holding
tanks and chemical dosing within the approved development footprint. Erosion & Sediment
Control .

19. Any person acting on this permit shall prevent erosion and sediment export from leaving the site
Site control measures such as silt fencing, controlled gravel access to the site and controlled
disposal of waste, will be necessary. In this regard plans detailing the methods of controling
erosion and sediment are required to be submitted to the Council for approval prior to obtaining 9
Development Permit for Operational Works.

General
20. For the following classes of work associated with development, a Development Permit for

Operational Works must be obtained prior to commencement of works relating to that class of work,
‘The application may combine any or all ofthese classes of work:~

. Access andlor Carparking,

: Roadworks.

. Stormwater Drainage,

. Frontage Works.

. Erosion & Sediment Control

21. A suitably qualified Registered Professional Engineer shali prepare engineering drawings and
specifications for all engineering works that will become Council infrastructure, which shall be
submitted in conjunction with an application for a Development Permit for Operational Works. In
this regard a DXF/DWG file on GDA94 zone $6 grid of the proposed cadastre layout is to be
‘submited in conjunction with any application for Operational Works.

22. Digital detailed designs including drawings, calculations, specifications and a schedule of works,
shall be submitted with any application for a Development Permit for Operational Works in respect
of roadworks and stormwater drainage works, The design shall be in accordance with Council's
Planning Scheme Policy PSPOS - Engineering Design Standards - Roads, Drainage and
Earthworks. To avoid conflict with underground pipes or services, all existing and proposed
services required by the development shall be shown on the plans.

23, To facilitate production of As Constructed drawings it is suggested that all design drawings are
submitted in the Asset Design and As Constructed (ADAC) digital format, (Guidelines on the use of
ADAC are available at www.adac.com au).

24, As Constructed drawings and data shall be certified by a qualified experienced Civil Engineer for
design intent, and a Licensed Surveyor shall certify the cadastre and the location, level and type of
all services and structures. All of which shall be submitted to Council for checking and for Counci's
records,

The data must fully detail levels for all engineering works including but not limited to drainage
structures, finished ground levels and pavement surface levels, The data shall be submitted in the
Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are
available at wunw.edac.com.ay),

Approval of works shail not be granted unti all As Constructed information has been supplied and
‘accepted by Council

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Environmental Health

25. The developer must provide waste storage and disposal facilies in accordance with Planning
Scheme Policy No 9 “Waste Management Muli-Owellings and Commercial and Industrial
Premises", including an external imperviously paved area correctly sized for all refuse and recycling
Containers and sullably screened from public places and neighbouring properties. A roofed
‘wastelbin wash area is required with a cold-water tap, nose and drain outlet connected to sewer, oF
approved wastewater disposal system via a bucket trap and grease arrestor,

26, The development must allow refuse-oading areas to be located off street. All vehicles associated
with the collection of wastelrecyciables, shall enter and leave the site in a forward direction, without
the need for any unsafe maneuvering.

27. A Waste Management Plan (Operational) in accordance with Planning Scheme Policy No. 9
“Waste Management Mul-Dwelings and Commercial and Industrial Premises", must be submitted
for the day-to-day operation of the development and approved by Council's Health Section prior to
Issue of development permit for operational works.

It is critical that waste areas are properly planned. A copy of Planning Scheme Policy No. 9
expiaining exactly how to predict waste quantities and design waste areas is available from Council
‘and the web, The Plan shall include the following information: -

: The types of waste that will be generated from the activities approved within the
development.

. Estimated volumes or tonnage of both recyclables and waste generated

. Methods to be used for dealing with garden waste.

. Initiatives to minimize waste either by waste prevention, reduction, re-use oF recycling,

. Description of procedures for getting all waste to the bins; the storage of bins and the

collection of bins by the contractor.

. ‘A description of the design details of waste storage and recycling areas including size,
‘ocation, elevation and floor plan, methods of bin washing and system to prevent storm
water getting into sewer via the bin wash.

. ‘A description of types and volume of waste storage containers to be used.

. ‘The waste and recycling storage area shall include the provision of containers for all
waste and recycling materials including putresable matter, non-recycting waste, paper!
cardboard, glass, aluminumisteel cans, waste oil, styrofoam boxes, etc, and bin washing
{acilties connected to sewer

: ‘A detailed description of vehicular access to collect waste, Where collection is off street,
‘access must allow vehicles to enter and leave the site in a forward direction.

28. As no Plumbing Final has been issued through Noosa Council Plumbing Services, all existing
plumbing and drainage, along with Backflow Prevention Devices, are to be assessed to ensure
‘compliance with current Legislation and Acts,

 

The approved plans and / or documents fortis development approval are listed in the Assessment
Manager conditons
& AbviSORY NOTES - oe

‘The following Advisory Notes are for information purposes only and do not form conditions of approval

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