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2015-11-10 Planning & Organisation Committee Agenda
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 10 November 2015
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Full text of sections 2 to 91 (of 187)
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 4
Building & Plumbing Services 4
1 BUILDING & PLUMBING - UPDATE REPORT TO 30 SEPTEMBER 2015 4
Planning & Environment 19
*Item 2 being
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - ANIMAL
discussed at
HUSBANDRY TYPE 2 (INTENSIVE POULTRY FARM) AND ENVIRONMENTALLY
General
RELEVANT ACTIVITY (ERA 4 - POULTRY FARMING) SITUATED AT 136 TOP
Committee
Mtg, 16 Nov at
FORESTRY ROAD, RIDGEWOOD (MCU12/0184) 19
10am 3 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
CULTIVATION TYPE 2 - INTENSIVE (GREENHOUSE) & RECONFIGURING A
LOT (ACCESS EASEMENT) SITUATED AT 271 & 305 LAKE MACDONALD
DRIVE, LAKE MACDONALD (MCU14/0039 & REC15/0012) 56
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
HOME BASED BUSINESS TYPE 2 - EVIDENT AT 20 JUNIPER COURT,
PEREGIAN BEACH (MCU15/0052) 75
5 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
WELLBEING USE - TYPE 2 SOCIAL (GENEALOGICAL & HISTORICAL GROUP
PREMISES) AT 17 EMERALD STREET, COOROY (MCU15/0082) 83
6 P&E COURT APPEAL D4159/15 FOR A DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE FOR A MIXED USE SHOPPING CENTRE
EXPANSION AND ASSOCIATED OPERATIONAL WORKS AT 28 EENIE CREEK
ROAD, NOOSAVILLE - MCU14/0106 & OPW15/0001 99
7 NOOSA RIVER HISTORICAL FISHERIES RESEARCH REPORT 102
8 DEVELOPMENT ASSESSMENT - UPDATE REPORT TO 30 SEPTEMBER 2015 109
Strategic Land Use Planning 119
9 PROPOSED NOOSA PLAN AMENDMENTS - COMMUNITY FEEDBACK 119
10 SUSTAINABILITY PRINCIPLES 131
CORPORATE SERVICES DEPARTMENT REPORTS 134
11 CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2015-16 134
Financial Services 138
12 BUDGET REVIEW - SEPTEMBER QUARTER 2015/16 138
Procurement and Fleet 156
13 FLEET MANAGEMENT - UPDATE REPORT TO 30 SEPTEMBER 2015 156
Property and Facilities 160
14 NOOSA YACHT AND ROWING CLUB - PROPOSED NEW LEASE 160
15 NOOSA RIVER HOLIDAY PARK - PROPOSED EXTENSION TO INTERIM
AGREEMENT 164
16 NOOSA HOLIDAY PARK & CAMPGROUNDS - UPDATE REPORT TO 30
SEPTEMBER 2015 166
Page 2 of 201
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
EXECUTIVE OFFICE REPORTS 170
17 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2015-16 170
Economic Development 184
18 DRAFT NOOSA SHIRE LOCAL ECONOMIC PLAN 184
CLOSED SESSION 187
19 ENVIRONMENT LEVY -
POTENTIAL LAND PURCHASE 187
Page 3 of 201
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
Building & Plumbing Services
1 BUILDING & PLUMBING - UPDATE REPORT TO 30 SEPTEMBER 2015
DOCUMENT INFORM AT ION
Author Building and Plumbing Manager, Allan Hazell
Planning and Infrastructure
Index ECM / Subject / Branch Management / Planning & Infrastructure
ECM / Subject / Plumbing Management
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Building and Plumbing Manager to the Planning &
Organisation Committee Meeting dated 10 November 2015 providing an update on the activities
of the Building and Plumbing Branch for the period 1 July 2015 to 30 September 2015.
REPORT
The purpose of this report is to inform Council of the Branch activities for the financial period 1
July 2015 to the 30 September 2015.
The Building and Plumbing Branch has the responsibility for regulatory and statutory compliance
of building and plumbing applications. Additional activities include building, plumbing and
electrical maintenance of Council owned buildings and infrastructure, allocated capital works,
programmed works and other specific projects.
1. BRANCH OBJECTIVES
The objectives of the Building and Plumbing Branch are:
To deliver core building and plumbing regulatory and statutory obligations;
To provide cost effective building, plumbing and electrical maintenance services for Council
facilities and other infrastructure;
To provide building inspection and asset management support for Council owned buildings;
To project manage relevant capital works activities and;
To meet financial targets with respect to revenue and expenditure.
This report presents the Branch functions and activities as three components; core functions
(building and plumbing applications); building, plumbing and electrical maintenance; and capital
works and projects.
Page 4 of 201
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
2. BUILDING AND PLUMBING CORE ACTIVITIES
During the first quarter of 2015/2016 employee costs are tracking above year to date budget,
primarily due to the under recovery of plumbing services work on maintenance activities for other
Council areas (currently being investigated with Finance) Building and Plumbing revenue is
higher than estimated due to an increase in the number of applications..
Plumbing Services
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
$ $ Actuals Budget $
Total Revenue 886,162 263,081 298,981 33.7% 35,900
Total Expenditure 672,325 163,827 210,973 31.4% (47,146)
Operating Surplus / (Deficit) 213,837 99,254 88,008
Expenditure Summary
Employee Benefits 405,659 97,160 136,873 33.7% (39,713)
Materials & Services 10,200 2,550 8,850 86.8% (6,300)
Depreciation & Amortization 0 0 0 0.0% 0
Internal Charges 256,466 64,117 65,250 25.4% (1,133)
Competitive Neutrality 0 0 0 0.0% 0
Total 672,325 163,827 210,973
Plumbing
350,000
300,000
250,000
200,000
150,000
100,000
50,000
0
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 5 of 201
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Building Services
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
$ $ Actuals Budget $
Total Revenue 367,000 91,750 126,868 34.6% 35,118
Total Expenditure 396,485 97,114 95,986 24.2% 1,129
Operating Surplus / (Deficit) (29,485) (5,364) 30,882
Expenditure Summary
Employee Benefits 284,059 69,008 67,987 23.9% 1,021
Materials & Services 1,900 475 1,307 68.8% (832)
Depreciation & Amortization 0 0 0 0.0% 0
Internal Charges 110,526 27,632 26,692 24.1% 940
Competitive Neutrality 0 0 0 0.0% 0
Total 396,485 97,115 95,986
Building
140,000
120,000
100,000
80,000
60,000
40,000
20,000
0
Total Revenue Total Expenditure Operating Surplus / (Deficit)
(20,000)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 6 of 201
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
1608 - Building and Pool Compliance
140,000
120,000
100,000
80,000
60,000
40,000
20,000
0
(20,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
As shown in the Table above, the Branch has improved on its financial targets with respect to
‘Core Activities’. It should also be noted that the above expenditure includes Customer Service
Obligation costs of approximately $66,000 (around 23% of the total) reflecting the provision of
general advice and management of complaints by customers which do not attract any fee
revenue.
Core Building and Plumbing Function/ Activity Records Schedules 01/07/2015 - 30/09/2015
Function/Activity Works Completed
Plumbing Applications Assessment/ Approvals 146 approvals issued
Building Application and Lodgement 325 approvals issued
Regulated Plumbing Inspections 504 plumbing inspections
Minor Plumbing Applications 10 minor works applications
Backflow Prevention Devices Registered 1004
On-site Registered 1097 data entries with 160 letters sent to
residents
On – site Facilities Audits 32 audit inspections
Unitywater - Septic sewer changeover 2 design and inspections
Building and Plumbing Searches Completed 125 applications
Notifiable Works Audits 27 audit inspections
Compliance/ Investigations & Customer 11 requests completed
Request Received (current applications)
Building and Plumbing File retrievals 153 plan retrieval requests
Page 7 of 201
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
3. BUILDING, PLUMBING AND ELECTRICAL MAINTENANCE PROGRAMS
The tables below reflect maintenance works delivered during between 01/7/2015 – 30/09/2015.
All works undertaken have been delivered within expected timeframes and within budget targets.
Building and Facilities
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 6,116 100.0% 6,116
Total Expenditure 1,539,881 384,774 333,859 21.7% 50,914
Operating Surplus / (Deficit) (1,539,881) (384,774) (327,743)
Expenditure Summary
Employee Benefits 246,552 60,398 65,026 26.4% (4,628)
Materials & Services 764,169 181,542 125,003 16.4% 56,539
Depreciation & Amortization 451,583 112,896 112,896 25.0% 0
Internal Charges 77,577 29,938 30,934 39.9% (996)
Competitive Neutrality 0 0 0 0.0% 0
Total 1,539,881 384,774 333,859
Buildings and Facilities
500,000
400,000
300,000
200,000
100,000
0
(100,000) Total Revenue Total Expenditure Operating Surplus / (Deficit)
(200,000)
(300,000)
(400,000)
(500,000)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 8 of 201
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Public Amenities
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 4,166 100.0% 4,166
Total Expenditure 450,796 116,997 78,551 17.4% 38,446
Operating Surplus / (Deficit) (450,796) (116,997) (74,385)
Expenditure Summary
Employee Benefits 83,067 20,767 6,816 8.2% 13,951
Materials & Services 200,606 50,151 26,072 13.0% 24,080
Depreciation & Amortization 132,836 33,209 33,209 25.0% 0
Internal Charges 34,287 12,869 12,455 36.3% 415
Competitive Neutrality 0 0 0 0.0% 0
Total 450,796 116,997 78,552
1521 - Public Amenities
150,000
100,000
50,000
0
(50,000)
(100,000)
(150,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 9 of 201
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Tewantin Administration Building
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 462,212 109,999 93,626 20.3% 16,373
Operating Surplus / (Deficit) (462,212) (109,999) (93,626)
Expenditure Summary
Employee Benefits 1,740 435 3,053 175.5% (2,618)
Materials & Services 303,636 67,534 48,431 16.0% 19,103
Depreciation & Amortization 145,553 36,388 36,388 25.0% 0
Internal Charges 11,283 5,641 5,753 51.0% (112)
Competitive Neutrality 0 0 0 0.0% 0
Total 462,212 109,998 93,625
1522 - Tewantin Admin Building
150,000
100,000
50,000
0
(50,000)
(100,000)
(150,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 10 of 201
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Noosaville Depot
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 100.0% 0
Total Expenditure 289,218 75,099 90,381 31.3% (15,282)
Operating Surplus / (Deficit) (289,218) (75,099) (90,381)
Expenditure Summary
Employee Benefits 0 0 13,886 100.0% (13,886)
Materials & Services 175,588 43,897 44,036 25.1% (139)
Depreciation & Amortization 100,582 25,146 25,146 25.0% 0
Internal Charges 13,048 6,057 7,314 56.1% (1,257)
Competitive Neutrality 0 0 0 0.0% 0
Total 289,218 75,100 90,382
2019 - Noosaville Depot
100,000
50,000
0
(50,000)
(100,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 11 of 201
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Pomona Depot
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 73,135 18,914 15,294 20.9% 3,620
Operating Surplus / (Deficit) (73,135) (18,914) (15,294)
Expenditure Summary
Employee Benefits 0 0 757 100.0% (757)
Materials & Services 39,824 9,956 5,629 14.1% 4,327
Depreciation & Amortization 30,789 7,697 7,697 25.0% 0
Internal Charges 2,523 1,261 1,212 48.0% 49
Competitive Neutrality 0 0 0 0.0% 0
Total 73,136 18,914 15,295
2020 - Pomona Depot
25,000
20,000
15,000
10,000
5,000
0
(5,000)
(10,000)
(15,000)
(20,000)
(25,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 12 of 201
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Boreen Point Water Supply
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 4,000 1,000 384 9.6% 616
Operating Surplus / (Deficit) (4,000) (1,000) (384)
Expenditure Summary
Employee Benefits 0 0 384 100.0% (384)
Materials & Services 4,000 1,000 0 0.0% 1,000
Depreciation & Amortization 0 0 0 0.0% 0
Internal Charges 0 0 0 0.0% 0
Competitive Neutrality 0 0 0 0.0% 0
Total 4,000 1,000 384
1531 - Boreen Point Town Water Network
1,500
1,000
500
0
(500)
(1,000)
(1,500)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 13 of 201
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Electrical Maintenance
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 121,081 29,691 11,043 9.1% 18,648
Operating Surplus / (Deficit) (121,081) (29,691) (11,043)
Expenditure Summary
Employee Benefits 75,357 18,259 668 0.9% 17,591
Materials & Services 12,100 3,025 1,929 15.9% 1,096
Depreciation & Amortization 0 0 0 0.0% 0
Internal Charges 33,624 8,406 8,445 25.1% (39)
Competitive Neutrality 0 0 0 0.0% 0
Total 121,081 29,690 11,042
Electrical Services
40,000
30,000
20,000
10,000
0
Total Revenue Total Expenditure Operating Surplus / (Deficit)
(10,000)
(20,000)
(30,000)
(40,000)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 14 of 201
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Core Building and Plumbing Function/ Activity Records Schedules 01/07/2015 - 30/09/2015
Function/ Activity Work Orders Completed Work Orders Completed
Internal Officers External Contractors
Building and Facilities 100 43
Plumbing Maintenance 174 28
Electrical Maintenance 109 37
Total Works Undertaken within 383 108
this period
Management Building and Plumbing Services
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 197,284 48,471 43,351 22.0% 5,120
Operating Surplus / (Deficit) (197,284) (48,471) (43,351)
Expenditure Summary
Employee Benefits 140,464 34,266 31,943 22.7% 2,323
Materials & Services 11,500 2,875 0 0.0% 2,875
Depreciation & Amortization 0 0 0 0.0% 0
Internal Charges 45,320 11,330 11,408 25.2% (78)
Competitive Neutrality 0 0 0 0.0% 0
Total 197,284 48,471 43,351
Management Building and Plumbing Service
60,000
40,000
20,000
0
Total Revenue Total Expenditure Operating Surplus / (Deficit)
(20,000)
(40,000)
(60,000)
2015/16 2015/16
YTD YTD
Budget Actuals
Page 15 of 201
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
4. CAPITAL WORKS AND SPECIFIC PROJECTS
Existing staffing levels have not increased for the delivery of activities to meet capital project
outcomes.
Capital Works Program Delivery – 01/07/2015 to 31/06/2016
Project Description Approved Project Project Budget
Capital Budget Completed Savings
Works Costing Yes/No
Budget
Whole of Shire Street Lighting $15,000 $15,000 Underway
Program
Noosaville Library, Leisure Centre $40,000 $26,000 Yes $14,000
and Respite Centre Project
(Stormwater and sewer
refurbishment)
Noosaville Depot Fire Protection $17,000 $17,000 Review report to $15,000 plus
System and Fire Panel Replacement be submitted to monitoring cost
Councils of $4,000 per
Corporate Safety year
Committee
Noosa Heads Surf Club Public $85,000 $130,000 Quotes Received
Amenities Refurbishment and BR 2
submitted for
review
Specific Projects
Delivery of Specific Projects – 01/07/2015 to 31/06/2016
Project Description Budget Estimated Project Up Estimated and
2015/2016 and/or date Confirmed Savings
Fixed and/or Benefits
Cost
Hasting Street Amenities (woods) Hastings $38,000 Quotes Reduced ongoing
Street Levy Sourced cost in annual
maintenance budget
Delivery of Council RCD and Tag Electrical Whole of Estimated Reduction in whole of
and Testing Program to Council maintenanc Council completion Council department’s
Owned Buildings e budget January 2016 budgets.
Estimated savings
$28,000
External Public Shower Split $4,000 Ongoing Reduction in annual
Replacement Program Budgets program maintenance cost
estimated at $3,000
Introduction of New Security Split $11,000 Quotes and $9,000
Access System. maintenanc install
Noosaville and Cooroy Libraries, e Budgets underway
The “J” and Bicentennial Hall
Council Owned Water Meter Split $12,110 Stage 2 $8,610
Project maintenanc completed.
(Records management and e budgets
disconnection program)
Page 16 of 201
Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Lower Mill Site
Statement of Income and 2015/16 2015/16
Expenses Current YTD 2015/16 % YTD
Budget Budget YTD Current Variance
Actuals Budget
Total Revenue 0 0 0 0.0% 0
Total Expenditure 51,339 11,710 10,766 21.0% 944
Operating Surplus / (Deficit) (51,339) (11,710) (10,766)
Expenditure Summary
Employee Benefits 0 0 0 0.0% 0
Materials & Services 9,516 1,254 310 3.3% 944
Depreciation & Amortization 41,823 10,456 10,456 25.0% 0
Internal Charges 0 0 0 0.0% 0
Competitive Neutrality 0 0 0 0.0% 0
Total 51,339 11,710 10,766
2513 - Mill Place
15,000
10,000
5,000
0
(5,000)
(10,000)
(15,000)
Total Revenue Total Expenditure Operating Surplus / (Deficit)
2015/16 2015/16
YTD YTD
Budget Actuals
5. FUTURE DIRECTION
Further review of the activities and functions of the Branch will be undertaken during this financial
year as part of the planned service and system review. This review will be completed by
November/ December 2015 with recommendations put forward for consideration.
Page 17 of 201
Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
External Consultation - Community & Stakeholder
Hastings Street Association in regards to lighting and amenities projects and maintenance.
Internal Consultation
As indicated below.
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 18 of 201
Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
*Note: This item will be discussed at the General Committee Mtg, 16 Nov at 10am
Planning & Environment
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE - ANIMAL
HUSBANDRY TYPE 2 (INTENSIVE POULTRY FARM) AND ENVIRONMENTALLY
RELEVANT ACTIVITY (ERA 4 - POULTRY FARMING) SITUATED AT 136 TOP
FORESTRY ROAD, RIDGEWOOD (MCU12/0184)
DOCUMENT INFORM AT ION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / MCU12/0184
Attachments 1. Proposal Plans
2. Special Conditions of the Infrastructure Agreement
APPLICATION DETAILS
Applicant W Donald Milligan Pty Ltd
Proposal Development Permit for Material Change of Use for Animal
Husbandry Type 2 (Intensive Poultry Farm); and
Environmentally Relevant Activity (ERA 4 - Poultry Farming)
Properly Made Date 12 November 2012
Information Request Date 10 December 2012
Information Response Date 8 May 2013
Number of Submissions 12 Properly made submissions; and
214 not properly made submissions received after the
advertising period, including four recent petitions.
o Two of the petitions are in support of the proposal totalling
198 petitioners, including 53 that live near the proposed
haul route.
o Two petitions objecting to the proposal, totalling 723
petitioners, including 220 that live near the proposed haul
route.
PROPERTY DETAILS
Property Address 136 Top Forestry Rd, Ridgewood
RP Description Lot 21 SP 226606
Land Area 105.017ha
Existing Use of Land Avocado orchard, associated sheds and detached house
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Locality Mary River Catchment
Zone Rural
Assessment Type Impact
Page 19 of 201
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 10 November 2015 regarding Application No. MCU12/0184 for a
Development Permit for Material Change of Use for Animal Husbandry Type 2 (Intensive Poultry
Farm) and Environmentally Relevant Activity (ERA 4 - Poultry Farming) situated at 136 Top
Forestry Road, Ridgewood and;
A. Execute the infrastructure agreement with the applicant in respect of upgrading Top
Forestry Road & Odour Covenant; and
B. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans/Documents
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan Name Date
1209-01 D Site Plan, prepared by Callaghan & Toth 01/03/2013
1209-05 D Shed 1 & 2 Cross Sections, prepared by Callaghan 01/03/2013
& Toth
1209-06 D Shed 3 & 4 Cross Sections, prepared by Callaghan 01/03/2013
& Toth
1209-07 D Shed 5 & 6 Cross Sections, prepared by Callaghan 01/03/2013
& Toth
1209-08 D Shed 7 & 8 Cross Sections, prepared by Callaghan 01/03/2013
& Toth
1209-09 D Preliminary Road Layout Plan 1, prepared by 01/03/2013
Callaghan & Toth
1209-10 D Preliminary Road Layout Plan 2, prepared by 01/03/2013
Callaghan & Toth
1209-11 D Preliminary Road & Sheds Layout Plan 3, prepared 01/03/2013
by Callaghan & Toth
1209-12 D Preliminary Road & Sheds Layout Plan 4, prepared 01/03/2013
by Callaghan & Toth
1209-13 D Preliminary Road & Sheds Layout Plan 5, prepared 01/03/2013
by Callaghan & Toth
01- Page 9 F Stormwater Quality Catchment Layout, prepared by 10/15
Callaghan & Toth
02- Page 10 F Stormwater Quality Treatment Devices, prepared by 10/15
Callaghan & Toth
03- Page 11 F Stormwater Quality Treatment Devices, prepared by 10/15
Callaghan & Toth
04- Page 12 F Stormwater Quality Treatment Devices, prepared by 10/15
Callaghan & Toth
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Document Rev. Document Name Date
No.
GEOTKPAR Geotechnical and Slope Stability Investigation 23 April
01945AA/A prepared by Coffey Geotechnics 2013
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
4. The maximum number of chickens on-site at any one time shall not exceed 230,000 birds.
A register is to be kept on site at all times detailing the number of chickens in each shed,
which is to be available for inspection by Council officers upon written request.
5. Spent litter and poultry manure must not be stored, stockpiled or spread on the site at any
time.
Performance Bond
6. Security in the form of a cash bond or trading bank guarantee to the sum of $50,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Operational Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves
the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
7. All sheds and associated structures must be finished with subdued external building
colours, so as to blend in with the surrounding landscape. Detailed building plans,
elevations and colours of the structures shall be submitted and approved by Council prior
to the issue of a Development Permit for Operational Works.
Landscaping Works
8. Dense screening vegetation shall be established around the sheds and associated
structures in accordance with Council’s Policy on Landscaping Guidelines and a properly
prepared landscape plan. Such landscaping is to be completed prior to the
commencement of the use and maintained at all times thereafter. The Landscape Plan
shall include at a minimum:
a. 20m wide landscaping strip along the perimeters of each shed and associated
structures, with appropriate plantings along the batters.
b. Retention of existing mature trees, where practicable.
c. Appropriately selected tree species and understorey plantings to achieve dense
visual screening of the sheds and having regard to the soil conditions. Trees included
shall be able to achieve a minimum 15m in mature height, though inclusion of fast
growing species is also desirable to achieve early visual screening.
A development application for Operational Works shall be required in this regard.
9. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
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ENGINEERING
External Works
10. That part of Top Forestry Road extending from the intersection with Old Ceylon Road to the
entrance to the site must be upgraded. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. Widening and sealing of the existing road pavement to a width sufficient to allow two
heavy vehicles to pass. The new formation must be sufficient to cater for the
expected vehicles
b. The works must be approved, completed and accepted “On Maintenance” for a
minimum maintenance period of 52 weeks for roadworks, stormwater drainage and
frontage works as set out in section 5.5 of “Planning Scheme Policy 5 – Engineering
Design Standards – Roads, Drainage and Earthworks” in effect at the
Commencement Date, prior to the commencement of the use for Animal Husbandry -
Type 2 (Intensive Poultry Farm).
c. The upgrading of Top Forestry Road must be provided by the applicant/owner
generally in accordance with the plans prepared by Lambert & Rehbein contained in;
i. B14101-SK-0004 (Rev B) dated 8/5/2015
ii. B14101-SK-0005 (Rev C) dated 28/4/2015
iii. B14101-SK-0006 (Rev A) dated 6/1/2015
iv. B14101-SK-0007 (Rev A) dated 6/1/2015
d. The works shall extend from the proposed entrance to the site to the existing
formation at Old Ceylon Road, including the following amendments:
i. Plan No. B14101-SK-004 (Rev B) dated 8/5/2015
a. Delete the table titled “Review of Existing Road Width vs Required 6m
Road Width of Suitable Pavement Material”
b. Include additional notes
1. “The unbound pavement must extend beyond the formation width into
the 1 on 4 shoulder where necessary”,
2. “The final design of the pavement must be undertaken in accordance
with the conditions of the operational works approval”,
3. “Table drains to be widened at cross drainage culverts where
necessary”,
4. “The road must be constructed with a minimum 6m wide sealed
surface.”, and
5. The sealed surface must be widened where required at the bends (a
minimum of 7m wide at the major bend at approximately Ch1100 to
ch1200).”
c. Clearly indicate the full extent of the proposed banks and batters.
ii. Plan No. B14101-SK-005 (Rev C) dated 28/4/2015
a. Include additional notes
1. “The pavement designs shown on the engineering drawings are not
approved. The final design of the pavement must be undertaken in
accordance with the conditions of the operational works approval“,
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2. “The cut batter indicated on the plan is typical only and is subject to
localised geotechnical investigation at the time of final design and
submission of an Operational Works application. Should the localised
geotechnical investigation conclude that the typical section is not
achievable or Council considers that the extent of works and
vegetation removal is excessive, Council reserves the right to require
the construction of a suitable engineered solution. All works are to be
constructed at no cost to Council.”
b. Clearly indicate the full extent of the proposed banks and batters
iii. Plan No. B14101-SK-006 (Rev A) dated 6/1/2015
a. Extend the cross section at Ch140 to indicate the full extent of banks and
batters (to the point where they meet with natural surface)
Traffic Management
11. No heavy vehicles associated with the use are to park, wait or “hold” on:
a. The residential streets of Cooroy township,
b. Cooroy Belli Creek Road,
c. Old Ceylon Road, or
d. Top Forestry Road
12. The maximum number of heavy vehicle movements associated with the use of the site
(including existing cropping and proposed poultry operations) must not exceed 26 trips in
any one day (1 trip being equivalent to a heavy vehicle travelling to the site).
13. Heavy vehicles travelling along the haul route must be limited to between the hours of 6am
until 7pm, 7 days per week. A register is to be kept on site at all times detailing the number
of heavy vehicle movements travelling to and from the site and times, which is to be
available for inspection by Council officers upon written request.
14. The haul route must be to/from the Bruce Highway via Top Forestry Road, Old Ceylon
Road, Cooroy-Belli Creek Road, Maple Street, Crystal Street and Myall Street. The haul
route may be varied when the approved route is inaccessible due to accident, repairs or
weather conditions, subject to prior written approval from Council.
Site Access and Driveways
15. An access driveway must be provided from Top Forestry Road to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance with
an Operational Works approval and must be generally in accordance with Callaghan and
Toth drawings numbered 1209-09 to 17.
16. All redundant vehicular crossings to the site must be removed and replaced by landscaping
such as trees and grasses in accordance with Council’s Standard specifications prior to
commencement of the use permitted by this permit
Earthworks
17. The earthworks proposed on-site for the construction of the sheds, access driveway and
manoeuvring areas must be undertaken in accordance with an Operational Works approval
and must be:
a. generally in accordance with the Preliminary Road Layout Plans, numbered 1209-05
to 17 prepared by Callaghan and Toth; and
b. in accordance with the recommendations of the Geotechnical and Slope Stability
Investigation prepared by Coffey Geotechnics reference GEOTKPAR01945AA/A
dated 23 April 2013.
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18. Prior to the commencement of the use certification must be submitted to Council from a
qualified person* which certifies that the development has been constructed in accordance
with the recommendations of the Geotechnical and Slope Stability Investigation prepared
by Coffey Geotechnics reference GEOTKPAR01945AA/A dated 23 April 2013 and that the
development has a minimum factor of safety against landslip of 1.5 in the long term.
Damage to Services and Assets
19. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Stormwater Drainage
20. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The stormwater drainage system must be provided in accordance with a
revised Stormwater Management Plan and implemented at all times during the use and
include:
a. Water Quality treatment strategies to treat runoff from roofs and roads generally in
accordance with the Stormwater Quality Catchment Layout Plans, prepared by
Callaghan & Toth dated 10/2015. Water Quality treatment strategies for runoff from
these areas must be designed and installed in accordance with latest version of the
Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, including any other bunds or chemical storage requirements required by
this approval and maintained for the lifetime of the development in accordance with
relevant Water by Design maintenance guidelines.
b. Erosion and Sediment control strategies for the construction and runoff from
hardstand areas are to be designed and managed in accordance with the
International Erosion Control Association Best Practice Book Series, and certified by
an RPEQ/CPESC to ensure that concentrated runoff discharged from the site will not
result in erosion, scour or entrainment of sediments at its overflow path.
A development application for Operational Works shall be required in this regard.
ENVIRONMENTALLY RELEVANT ACTIVITY (ERA 4): POULTRY FARMING
SCHEDULE A - GENERAL
1. This development approval authorises the conduct of environmentally relevant activity 4 -
Poultry Farming (2) more than 200,000 birds.
2. This development approval does not authorise the conduct of any other environmentally
relevant activity on site.
3. Environmental harm is not authorised by this Authority except to the extent that the harm is
expressly authorised by a condition of this Authority.
4. The holder of the relevant environmental authority must keep a copy of the development
approval conditions for the activity in a location readily accessible to personnel carrying out
this activity.
5. The registered operator must ensure that the activities at the premises comply with the
development approval conditions.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
6. The registered operator must not change, replace or operate any plant or equipment
installed at the premises if the change, replacement or operation increases, or is likely to
substantially increase, the risk of environmental harm.
7. Any visible light released from the environmentally relevant activity must be of the
appropriate type, and positioned to ensure spill and obtrusive light does not exceed the
recommended maximum values of AS 4282-1997 ‘Control of the obtrusive effects of
outdoor lighting’ Table 2.1 & 2.2 so as not to cause an environmental nuisance at or
beyond the boundary of the approved development.
8. The Operator must keep all records and documents required to be kept by a condition of
this Development Approval at the Premises for a period of not less than 12 months and
make the records and documents available for examination by an Authorised Person
immediately upon request.
9. Copies of any record required by a condition of this development approval must be
provided to any authorised person or the administering authority on request.
10. In carrying out the environmentally relevant activity, all reasonable and practical measures
must be implemented to minimise releases and the likelihood of releases of contaminants
to the environment, except as otherwise provided by the conditions of this development
approval.
11. The operator of the environmentally relevant activity must:
a. Install, maintain and operate plant and equipment in a proper and efficient condition.
In this condition, “plant and equipment” includes:
i. Plant and equipment used to prevent and/or minimise the likelihood of
environmental harm being caused;
ii. Devices and structures to contain foreseeable escapes of contaminants and
waste;
iii. Vehicles used to transport waste:
iv. Devices and structures used to store, handle, treat and dispose of waste;
v. Monitoring equipment and associated alarms; and
vi. Backup systems that act in the event of failure of a primary system.
12. Material safety data sheets for all chemicals used and/or stored on the premises must be
kept on site and be readily available for reference by staff.
13. All trafficable areas on site must be sealed.
SCHEDULE B - SITE SPECIFIC
14. Within three (3) months of the granting of this development approval, the operator must
develop and implement a Site Based Management Plan (SBMP) that addresses the
management of environmental impacts of the activities under this approval. The SBMP
must identify all potential sources of environmental harm, including but not limited to the
actual and potential release of all contaminants, the potential impact of these sources and
what actions will be taken to prevent the likelihood of environmental harm being caused.
The SBMP must also provide for the review and 'continual improvement' in the overall
environmental performance of all activities that are carried out.
The SBMP must address (but not be limited to) the following matters:
Environmental commitments - a commitment by senior management to achieve
specified and relevant environmental goals;
Organisational structure, responsibilities and effective communication;
Identification of environmental issues and potential impacts;
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Control measures and operating procedures for routine operations to minimise
likelihood of environmental harm;
Maintenance practices and procedures;
Routine observations of odour and dust and recording the management response to
elevated levels;
Monitoring and sampling of stormwater nutrient and contaminant levels associated
with shed litter clean out at lawful points of site discharge;
Contingency plans and emergency procedures to deal with risks and hazards
including corrective responses to prevent and minimise environmental harm
(including any biosecurity incident);
Monitoring of contaminant releases;
Environmental impact assessments to be undertaken where identified as required in
relation to carrying out the objectives of the SBMP;
Vermin control measures;
Record keeping, staff training and handling and review of environmental complaints;
and
Periodic review of environmental performance and continual improvement.
15. The operator must ensure that the activities at the premises comply with the SBMP.
16. The operator must conduct daily inspections to identify wet litter.
17. Litter that cannot be returned to a friable state within 48 hours of turning or treating must be
removed from poultry sheds.
18. A minimum shed litter depth of 45 mm must be maintained at all times.
19. Shed litter must be completely replaced in each poultry shed at the end of each batch.
20. The design and construction of the shed flooring system and bunded litter storage areas
must include an impervious membrane e.g. concrete, such that moisture and/or
contaminants are not released to subsurface soil or groundwater.
21. Sheds must be designed and constructed with tunnel ventilation exhaust fans located in
accordance with the following:
Shed 1 - Eastern Wall
Shed 2 - South-western Wall
Shed 3 - Northern Wall
Shed 4 - Southern Wall
Shed 5 - Northern Wall
Shed 6 - North-eastern Wall
Shed 7 - Western Wall
Shed 8 - Western Wall
SCHEDULE C – AIR & DUST
22. Odours or airborne contaminants which are noxious or offensive or otherwise unreasonably
disruptive to public amenity or safety must not cause nuisance to any nuisance sensitive
place or commercial place.
23. Dust and particulate matter emissions must not exceed the following concentrations at any
sensitive place or commercial place:
a. dust deposition of 120 milligrams per square metre per day, when monitored in
accordance with Australian Standard AS 3580.10.1 (or more recent editions), or
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b. a concentration of particulate matter with an aerodynamic diameter of less than 10
micrometre (μm) (PM10) suspended in the atmosphere of 50 micrograms per cubic
metre over a 24 hour averaging time, when monitored in accordance with Australian
Standard AS 3580.9.6 (or more recent editions
SCHEDULE D – WATER
24. Contaminants or contaminated water must not be directly or indirectly released from the
premises to surface water or groundwater at or outside the Premises except for:
a. uncontaminated overland stormwater flow; or
b. uncontaminated stormwater to the stormwater system.
25. Contaminants or contaminated water may be released to sewer under and in accordance
with a trade waste permit granted by Unity Water under the Water Supply (Safety &
Reliability) Act 2008.
26. The Operator must ensure that:
a. maintenance and cleaning of equipment is carried out in an area where contaminants
cannot be released into stormwater drainage, a roadside gutter, water or onto
unsealed ground;
b. any spillage of contaminants is cleaned up immediately by a method other than
hosing, sweeping or otherwise releasing the contaminants into stormwater drainage,
a roadside gutter or water; and
c. incident rainfall and overland flow of stormwater does not contact contaminants (for
example, areas with contaminants should be roofed or be protected by diversion
drains).
27. All areas that contain contaminants, or areas where potentially contaminating activities are
carried out, must be drained to a treatment device for treatment prior to release or reuse on
site. The design and construction of the treatment device must be undertaken in
accordance with an Operational Works approval.
28. Nutrient, pathogen and contaminant levels in stormwater discharged from the site must not
exceed the water quality guideline levels of the Australian and New Zealand Guidelines for
Fresh and Marine Water Quality 2000, and/or result in the exceedance of the water quality
objectives for waters listed in Schedule 1 of the Environmental Protection (Water) Policy
2009.
SCHEDULE E – NOISE
29. Noise from the activity must not exceed the levels identified in the following table and the
associated requirements at any nuisance sensitive place or commercial place.
Noise level Monday to Saturday Sunday and Public Holidays
measured in
7am-6pm 6pm-10pm 10pm-7am 9am-6pm 6pm-10pm 10pm-9am
dB(A)
Noise measured at a nuisance sensitive place
LAeq adj,T Background Background Background Background Background Background
+5 +3 +3 +5 +3 +3
MaxLpA,T Background Background Background Background Background Background
+10 +8 +5 +10 +8 +5
Noise measured at a commercial place
LAeq adj,T Background Background Background Background Background Background
+10 +8 +5 +10 +8 +5
MaxLpA,T Background Background Background Background Background Background
+15 +13 +10 +15 +13 +10
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SCHEDULE F – WASTE
30. Deceased poultry must be refrigerated or frozen under storage prior to removal from the
premises.
31. Deceased poultry must not be buried or composted on the Premises, unless ordered by a
relevant State or Federal government agency to do otherwise in the event of a major
biosecurity incident.
32. All Regulated Wastes must be removed from the Premises by a registered regulated waste
transporter. Where Regulated Waste is removed from the Premises, records must be kept
of the following:
a. the date, quantity and type of waste removed;
b. the name of the waste transporter and/or disposal operator that removed the waste;
and
c. the intended treatment/disposal destination of the waste.
33. A contaminant (including a waste) must not:
a. be buried at the Premises;
b. be in contact with soil at the Premises; or
c. directly or indirectly seep or penetrate into the soil or groundwater at the Premises.
Unless ordered by a relevant State or Federal government agency to do otherwise in the
event of a major biosecurity incident.
34. All pollution control equipment including the wastewater treatment system, extraction
devices and filtering devices etc are to be routinely checked and maintained in accordance
with the manufacturer’s specifications/recommendations. The material extracted from the
device(s) when being serviced and cleaned out is to be removed from the site and
disposed of by either a licensed waste removal contractor or by other lawful means.
35. All wastewater and liquid wastes must be contained and/or directed to the approved waste
water treatment system or disposed of by other lawful means.
SCHEDULE G – CHEMICAL STORAGE
36. All chemical tank storage (including, but not limited to, oil or waste oil, paint, lacquers,
thinners, adhesives, and cleaning solvents) must be bunded so that the capacity of the
bund is sufficient to contain at least one hundred and ten percent (110%) of the largest
storage tank plus ten percent (10%) of the second largest tank within the bund.
37. All chemical drum storage (including, but not limited to, oil or waste oil, paint, lacquers,
thinners, adhesives, and cleaning solvents, sanitising agents, detergents and the like) must
be bunded so that the capacity of the bund is sufficient to contain at least one hundred
percent (100%) of the largest container plus twenty-five percent (25%) of the total storage
capacity.
38. All bunding must be constructed of materials which are impervious to the materials stored.
SCHEDULE H - MONITORING AND REPORTING
39. As soon as practicable after becoming aware of any emergency or incident which results in
the release of contaminants not in accordance, or reasonably expected to be not in
accordance with these conditions, the holder of the environmental authority must notify the
administering authority of the release by telephone, or other means. The notification of
emergencies or incidents must include but not be limited to the following:
a. the registered operator of the activity and property owner;
b. the location of the emergency or incident;
c. the number of the registration certificate;
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d. the name and telephone number of the designated contact person;
e. the time of the release;
f. the time the registered operator of the activity became aware of the release;
g. the suspected cause of the release;
h. the environmental harm and or environmental nuisance caused, threatened, or
suspected to be caused by the release; and
i. actions taken to prevent any further release and to mitigate any environmental harm
and or environmental nuisance caused by the release.
40. From the commencement of use of the first poultry shed, the Holder of this Authority shall
maintain an automatic weather station on the Premises. The weather station must
a. be sited and operated in accordance with the requirements of Australian Standards
AS2922-1987 “Guide for Siting of Sampling Units” and AS2923 “Guide for
Measurement of Horizontal Winds for Air Quality Applications”;
b. measure at least air temperature, wind speed at ten (10) metres above ground level,
wind direction at ten (10) metres above ground level and rainfall; and
c. be maintained to achieve a long-term return rate for valid data of at least ninety (90)
percent.
Measurements of wind speed, wind direction and temperature shall be recorded as 15-
minute averages. Measurements of rainfall shall be recorded as daily totals. All
measurements shall be kept in electronic format for a minimum of 3 years and shall be
made available to the Administering Authority on request.
41. A complaints register must be kept at the Premises and all complaints received about the
Activity must be recorded in the register with the following details:
a. time, date and nature of complaint;
b. type of communication (telephone, letter, personal, etc);
c. name, contact address and contact phone number of the complainant (if the
complainant does not wish to be identified then ‘not identified’ is to be recorded);
d. response and investigation undertaken in response to the complaint;
e. name of the person responsible for investigating the complaint; and
f. action taken as a result of the complaint and the investigation and the signature of or
under the authorisation of the Operator.
42. An incidents register must be kept at the Premises and it must record any incidents
including but not limited to:
a. any fire at the Premises; and
b. any release not in accordance with this Development Approval.
SCHEDULE D - DEFINITIONS
“Activity” means environmentally relevant activity ERA 4 - Poultry Farming 2 (more than
200,000 birds) pursuant to the Environmental Protection Regulation 2008.
“Administering authority” means the local government.
‘Authorised person’ means an authorised person authorised under the Environmental
Protection Act 1994.
“Background Noise Level” means the A-weighted sound pressure level, obtained using time-
weighting ‘F’, that is exceeded for 90% of the measuring period (T) not less than 15
minutes using fast response.
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A “Contaminant” can be:
a. a gas, liquid or solid; or
b. an odour; or
c. an organism (whether alive or dead), including a virus; or
d. energy, including noise, heat, radioactivity and electromagnetic radiation; or
e. a combination of contaminants
“Environment” includes—
a. ecosystems and their constituent parts, including people and communities; and
b. all natural and physical resources; and
c. the qualities and characteristics of locations, places and areas, however large or
small, that contribute to their biological diversity and integrity, intrinsic or attributed
scientific value or interest, amenity, harmony and sense of community; and
d. the social, economic, aesthetic and cultural conditions that affect, or are affected by,
things mentioned in paragraphs a to c.
“Environmental harm” is 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.
“Environmental value” is:
a. a quality or physical characteristic of the environment that is conducive to ecological
health or public amenity or safety; or
b. another quality of the environment identified and declared to be an environmental
value under an environmental protection policy or regulation.
“Environmental nuisance” is unreasonable interference or likely interference with an
environmental value caused by:
a. noise, dust, odour, light; or
b. an unhealthy, offensive or unsightly condition because of contamination; or
c. another way prescribed by regulation.
‘Noise Sensitive Place’ means any of the following places –
a. a dwelling;
b. a library, childcare centre, kindergarten, school, college, university or other
educational institution;
c. a hospital, surgery or other medical institution;
d. a protected area, or an area identified under a conservation plan as a critical habitat
or an area of major interest, under the Nature Conservation Act 1992;
e. a marine park under the Marine Parks Act 1982; and
f. a park or garden that is open to the public (whether or not on payment of money) for
use other than for sport or organised entertainment.
g. a ‘sensitive receptor’ as defined in the Environmental Protection (Noise) Policy 2008.
‘Sensitive Place’ means any of the following places –
a. a dwelling, residential allotment, residential open space areas;
b. a library, childcare centre, kindergarten, school, college, university or other
educational institution;
c. a hospital, surgery or other medical institution;
d. a protected area, or an area identified under a conservation plan as a critical habitat
or an area of major interest, under the Nature Conservation Act 1992;
e. a marine park under the Marine Parks Act 1982; and
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f. a park or garden that is open to the public (whether or not on payment of money) for
use other than for sport or organised entertainment.
In determining whether noxious or offensive odours are being emitted from the boundary
reference is made to the latest edition of the EPA guideline ‘Odour impact Assessment
from Developments’ (latest edition).
“Premises” means 136 Top Forestry Road, RIDGEWOOD QLD; Lot 21 SP226606
“Registration Certificate” is a certificate issued in accordance with section 73F of the
Environmental Protection Act 1994.
“Registered Operator” means the holder of a registration certificate, for a chapter 4 activity,
issued under section 73F of the Environmental Protection Act 1994 and in force.
“Regulated waste” is a waste referred to in Schedule 7 of the Environmental Protection
Regulation 2008.
“Regulatory authority” means Noosa Council and/or the Queensland Department of
Environment and Heritage Protection.
“Significant modification/significantly modified” in relation to an ERA means any
modification to the system that:
a. involves the replacement of half or more of the system, or
b. triggers an Material Change of Use under Noosa Council Planning Scheme
“Qualified Person” means for the purpose of certifying acoustic matters for the development, a
qualified person is considered to be either:
a. a Registered Professional Engineer of Queensland; or
b. an environmental consultant with a minimum of 3 years current experience in the field
of acoustics.
“Suitably qualified and experienced person” or “duly qualified person’ means a person who
has such competence and experienced in relation to that activity as is recognised in the
relevant industry as appropriate for that activity. A suitably qualified and experienced
person includes personnel that have been trained, authorised and accredited by the
manufacturer of a specific item of equipment and/or process. Only a suitably qualified and
experienced person can test, repair and reset the equipment after a fault.
“TSP” means particles in the air environment with an equivalent aerodynamic diameter of not
more than 50 microns.
“Uncontaminated Overland Stormwater Flow” and “Uncontaminated Stormwater” refers to
stormwater that does not contain contaminants.
“Waters” includes the bed and banks of waters.
‘Operator’ means the entity that conducts the Activity to which this Development Approval
relates and includes the registered operator.
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REPORT
1. BACKGROUND
On the 16 September 2014, Council deferred consideration of the development application and
requested the applicant to address the following:
A. Identify measures to mitigate dust nuisance for residents living along Top Forestry Road
and minimise road maintenance requirements such as sealing Top Forestry Road;
B. Confirm whether an alternative haul route can be used that does not include the residential
streets of Cooroy (Maple Street and Crystal Street) and is suitable for heavy vehicles;
C. Confirm whether chicken pick-up times can be limited to day time only (6am to 7pm);
D. Identify how unacceptable odour impacts on future residents of 124, 146, 172 and 224 Top
Forestry Road may be addressed; and
E. Provide an Infrastructure Agreement that includes all proposed road works and/or
maintenance measures to be undertaken to Top Forestry Road to address road, safety,
amenity and maintenance issues and where appropriate odour measures for 124, 146, 172
and 224 Top Forestry Road.
The application was presented to the Sunshine Coast Council on the 14 November 2013 and the
12 December 2013, wherein it was decided to defer the application for further consideration by
the new Noosa Council and allow an Infrastructure Agreement to be negotiated. Copies of the
previous reports and minutes can be viewed via the following links (with hard copies available in
the Councillor’s room):
Sunshine Coast Council - Ordinary Agenda and Minutes 14 November 2013 & December 2013.
http://www.sunshinecoast.qld.gov.au/sitePage.cfm?code=cr-meetings
Noosa Council – Agenda and Minutes 16 September 2014.
http://www.noosa.qld.gov.au/documents/40217326/40423342/2014-09-
16%20Planning%20%26%20Organisation%20Committee%20Agenda.pdf
2. PROPOSAL
The proposal is for the construction of 8 x 100m to 130m long x 16m wide sheds along the
ridgeline of the site, with each shed containing 26,800 to 34,840 chickens. On this basis, the site
has the potential to carry up to 230,000 birds at any one time. The process involves rearing day
old chicks to chickens for a period of 6-9 weeks, before being removed from the site for chicken
meat production.
The proposed sheds are located more than 750m away from the closest house (not owned by
the applicant). An aerial photo identifying the proposed sheds and the neighbouring properties is
included as Figure 1. More detailed proposal plans (incorporating earthworks and stormwater
treatment) are included as Attachment 1.
Page 32 of 201
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 1 Aerial photo of the subject site with the proposed shed locations superimposed. The
closest house to the sheds is 185 Top Forestry Rd (750m away to the south), marked in orange
between R10 & R11.
3. ASSESSMENT
The subject site is located in the Mary River Catchment locality and is zoned Rural. The
proposed use is a consistent use within the zone. While the use is a consistent use within the
Rural zone, the application is required to follow an impact assessment process and must
demonstrate that the selected site is suitable, and impacts can be appropriately managed.
In October 2015, the applicant responded to a Council request for an Infrastructure Agreement
detailing proposed upgrades to Top Forestry Rd, and a restrictive odour covenant on the
adjoining properties currently owned by the applicant (a copy of the special conditions of the
agreement are included as Attachment 2).
The following assessment summarises the details of the Infrastructure Agreement, together with
additional information received since previous reports on the application. An assessment against
each of Council’s previous request items is then undertaken in section 3.2 of this report.
3.1. Infrastructure Agreement and Additional Information
Top Forestry Road Upgrades
The Infrastructure Agreement will commit the applicant to upgrade Top Forestry Road from the
existing formation at Old Ceylon Road to the development site access, including:
A minimum 6m wide sealed surface;
A minimum 7m wide sealed surface at the major bend;
A minimum overall pavement depth of 200mm, which is likely to result in a design life of
more than 20 years.
Installation of all required road signage and guide posts;
Page 33 of 201
Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Table drains, banks, batters and culverts to be widened where necessary;
The final design of the pavement to be undertaken in accordance with the conditions of an
Operational Works approval.
The works to be completed and accepted ‘On Maintenance’ for a minimum period of 52
weeks in accordance with the Planning Scheme Policy 5 – Engineering Design Standards
prior to the commencement of the use for Animal Husbandry – Type 2 (Intensive Poultry
Farm).
Considering the type and frequency of the traffic expected on Top Forestry Road, the applicant’s
Traffic Engineer (Lambert & Rehbein) and Council’s consultant (Beard Traffic Engineering) agree
the sealing and widening of the road in accordance with the special conditions of the
Infrastructure Agreement, will allow for the road to be used safely at moderate speed.
Odour Covenant
The applicant proposes to register a restrictive odour covenant on the adjoining property titles,
which they currently own (124, 146, 172 & 224 Top Forestry Rd). The Infrastructure Agreement
binds the owners of the lots to establish the restrictive covenants on title, prior to the
commencement of the use and is to remain on title while the poultry farm operates. Council’s
solicitor has reviewed the terms of the agreement and considers the special conditions
appropriate.
The restrictions relating to each of the properties is summarised in Figure 2 below.
Figure 2 Odour Covenant restrictions on the lots owned by the applicant as part of the
Infrastructure Agreement.
Page 34 of 201
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Odour Impacts on 185 Top Forestry Road
The applicant provides detailed modelling of odour impacts to 185 Top Forestry Road. The odour
modelling did not previously include this house as a sensitive receptor. There is an existing
house on this property and owners have lodged a letter of objection against the application (refer
Figure 2).
The detailed modelling shows the QLD odour guideline requirements will be met for this house,
and is outside the 2.5 Odour Unit contour (2.47 Odour Units).
Requirement for an onsite weather station
A recent submission includes a peer review by Katestone Environmental of the odour modelling.
The review finds that odour modelling has been undertaken in accordance with current regulatory
practice. However, onsite meteorological data could be assimilated into the meteorological
component of the model to ensure its accuracy.
On the 22 October 2015, the applicant’s environmental consultant (MWA Environmental)
responded to the submission providing results of an onsite weather station. The station was
located on the ridgeline originally for baseline wind data for dust monitoring. The station was then
left on the site for nearly 12 months.
While there are some limitations with the use of this wind speed data (as a result of the station
being located at 1.8m above the ground compared to 10m in accordance with AS2923), MWA
Environmental consider the station can be used as a basis for validating the meteorological
component of the odour model predictions for wind.
Taking account of the variations in weather station heights, MWA Environmental conclude that
the model and observed wind directions correlate well and capture the key seasonal
characteristics and directions, with the observed data considered to validate acceptable
performance of the odour model. Council’s environmental consultant (Pacific Environment)
agrees with these conclusions.
3.2. Assessment against Council’s previous resolution
A detailed assessment against Council’s previous resolution requesting further information is
included below.
A. Identify measures to mitigate dust nuisance for residents living along Top Forestry
Road and minimise road maintenance requirements such as sealing Top Forestry
Road;
The applicant seeks to enter into an Infrastructure Agreement with Council for the sealing and
widening of Top Forestry Road, at their expense. The sealing of the road will mitigate dust
nuisance from trucks and minimises maintenance requirements for Council.
The Infrastructure Agreement requires a minimum overall pavement depth of 200mm, which is
likely to result in a design life of more than 20 years. Council’s Civil Operations Manager
indicates that if the road was to remain unsealed, there would be an increased maintenance cost
to Council for grading & resheeting due to gravel loss under the traffic loads.
B. Confirm whether an alternative haul route can be used that does not include the
residential streets of Cooroy (Maple Street and Crystal Street) and is suitable for heavy
vehicles;
The preferred haul route for poultry vehicles is to/from the Bruce Highway via Top Forestry Road,
Old Ceylon Road, Cooroy-Belli Creek Road, Maple Street, Crystal Street and Myall Street. The
applicant’s traffic engineer reviewed two alternative haul routes included within Figure 3 as the
‘Old Ceylon route’ and the ‘Skyring Creek route’.
Page 35 of 201
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 3 Haul Route options.
The alternative options are not considered a viable and/or reasonable alternatives for the
following reasons:
Alternative Haul Route Options Comments
Skyring Creek Rd route Additional 19km of travel each way;
Includes a section of winding, one-lane roadway with steeper
graded sections;
Likely to require additional upgrades to the road network.
Old Ceylon Rd route Includes a 3km section of winding, one-lane unsealed roadway
with steep graded sections of a lesser standard to Top Forestry
Road;
Likely to require additional upgrades to the road network.
Council’s consultant (Beard Traffic Engineering) agrees with the applicant’s assessment and
considers the proposed haul route the most appropriate.
C. Confirm whether chicken pick-up times can be limited to day time only (6am to 7pm);
The applicant indicates the meat chicken provider (Inghams) will endeavour to limit pick-up times
to day time only (6am to 7pm), however, there may be times when pick-up will need to occur
outside this period.
“Inghams can, and will always try to work in for 6am, however if birds are required earlier,
they would need to schedule earlier”. (Quote from an Ingham’s representative speaking to
Councillors at a site inspection at a poultry farm in Beaudesert, September 2014).
Page 36 of 201
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Chicken pick-up days are predicted to occur 5 times during each 63 day cycle (29 days a year).
On these days, trucks are expected to catch-out over a 10 hour period and include 26 heavy
vehicle movements (see Figure 4).
Figure 4 Total vehicle movements for each day of the batch cycle.
Based on previous compliance with poultry farms, The Department of Agriculture and Fisheries
(DAF) considers noise from the chicken pick-ups could potentially cause environmental nuisance,
and suggests Council could restrict chicken pick-ups to day time only.
It is apparent that the abattoirs in Brisbane run 24 hours a day and earlier catch out is dependant
entirely on their scheduling. Therefore, to address noise concerns along the haul route, a
condition is recommended restricting truck movements to between 6am and 7pm.
D. Identify how unacceptable odour impacts on future residents of 124, 146, 172 and 224
Top Forestry Road may be addressed;
The applicant has signed an Infrastructure Agreement for a restrictive odour covenant to be
included on the titles of the adjoining properties 124, 146, 172 and 224 Top Forestry Road.
Council’s solicitor has reviewed the terms of the agreement and considers the special conditions
appropriate to restrict the development of a house (or transfer any existing house) within the
unacceptable odour impact area.
E. Provide an Infrastructure Agreement that includes all proposed road works and/or
maintenance measures to be undertaken to Top Forestry Road to address road, safety,
amenity and maintenance issues and where appropriate odour measures for 124, 146,
172 and 224 Top Forestry Road.
An Infrastructure Agreement has been provided for the widening and sealing of Top Forestry
Road, and a restrictive odour covenant on the titles of the adjoining properties at 124, 146, 172
and 224 Top Forestry Road (provided as Attachment 2).
Page 37 of 201
Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
4. CONSULTATION
4.1. IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of Transport and Main Roads
The Department is a concurrence agency, as the proposal exceeds the threshold for
development impacting on State transport infrastructure (>200,000 poultry). The Department
responded by letter dated 13 December 2012 stating it has no requirements.
Advice
Powerlink
Powerlink is an advice agency for matters associated with the Eerwah Vale Transmission Line
Corridor. It provided advice on the 20 December 2012 stating that all buildings shall not extend
into their electricity easement area, and the proposed gravel road within the easement shall
maintain a minimum 20m separation from the edge of Powerlink’s structure footings.
Third Party Advice
Department of Agriculture, Fisheries and Forestry
The Department does not have any formal role in the assessment of this application. At the time
the application was made in 2012, it involved prescribed Environmentally Relevant Activity 4 -
Poultry Farming (ERA), for which the administration and enforcement was devolved to Council.
On the 31 March 2013, the State Government introduced the Greentape Reduction Act 2012,
resulting in the administration and enforcement of this ERA being devolved to the Department of
Agriculture and Forestry (DAF). This means Council will no longer be responsible for
enforcement of the ERA if it becomes operational.
The Department was asked to provide comment on the development and draft ERA conditions
for approval. The Manager for Environmental Regulations for Animal Industries visited the site
and undertook a general assessment of the risks.
The Department responded on the 16 October 2015, with general comments on the proposed
ERA conditions of approval. General conclusions were also made that the overall risk of
environmental harm from air, water and waste were considered to be low, while noise impacts
associated with chicken pick-ups considered potentially high.
4.2. Public Notification
The application was publicly notified for 15 business days in May 2013. 12 properly made
submissions were received at the time. A further 214 not properly made submissions were
received after the advertising period, including four petitions.
Two of the petitions are in support of the proposal totalling 198 petitioners, including 53 that live
near the haul route. The other two petitions object to the proposal, totalling 723 petitioners,
including 220 that live near the haul route.
The following table provides a summary and assessment of the issues in the most recent
submissions raised since the last Council report in September 2014.
Page 38 of 201
Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Issues Comments
Odour Concerns
The detailed odour modelling fails to The applicant seeks to enter into an Infrastructure
include five sensitive receptors within the Agreement with Council for a restrictive odour
2.5 Odour Unit contour. One of these (the covenant for the adjoining properties that the
dwelling at 185 Top Forestry Road) is not applicant owns within the 2.5 odour unit contour.
owned by the applicant and is very close Detailed modelling confirms Council consultant’s
to the contour. previous advice that the sensitive receptor at 185
Top Forestry Rd is outside the 2.5 odour unit
contour.
Odour Modelling Deficiencies Council’s environmental consultant has reviewed
Insufficient odour modelling of all all of the assumptions, criteria and meteorological
emission sources. data built into the odour modelling and consider
Does not show the 20, 10 and 5ou them to be appropriate for the proposed location of
contours. the potential odour sources.
The results are derived from a model
based on vertical stack emission
dispersion rather than poultry shed
horizontal dispersion.
The modelling assumes a ‘best-
practice’ K factor of 2.2, although the
development’s location and shed siting
and orientation do not demonstrate
industry ‘best practice’.
The modelling did not use site-specific The applicant’s environmental consultant (MWA
weather and topographic data. There is no Environmental) provided results of an onsite
known observed meteorological data to weather station. There are some limitations with
enable validation of the modelled the use of this wind speed data, however consider
meteorology. Given the complexity of the the station can be used as a basis for validating
terrain, it is recommended that a odour model predictions for wind.
meteorological station be installed on-site
to allow an evaluation of the modelled MWA Environmental conclude that the model and
meteorology. observed wind directions correlate well and
capture the key seasonal characteristics and
directions, with the observed data considered to
validate acceptable performance of the odour
model. Council’s environmental consultant (Pacific
Environment) agrees with these conclusions.
The development site is located in a Council’s environmental consultant indicates that
valley, where inversions occur throughout inversions are included in the odour modelling,
the year. Since inversions are known to and are referred to as the ‘mixing height’. The
concentrate emissions, change dispersion meteorological model CALMET calculates them for
patterns, and suppress and delay the subject site for every hour of the year.
dispersion.
Traffic Concerns
Noise along haul route will affect amenity. Noise associated with trucks using the haul route
during regular sleeping hours is likely to adversely
impact the amenity of nearby residents. A
condition is recommended for heavy vehicle
movements along the haul route are limited to
between the hours of 6am until 7pm, 7 days per
week.
Page 39 of 201
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Issues Comments
Adverse impacts of hauling organic waste Transport movements of organic waste are
from the chicken farm through the town of expected to occur at the end of the batch cycle
Cooroy. (once every 9 weeks). A condition is
recommended for heavy vehicle movements along
the haul route are limited to between the hours of
6am until 7pm, 7 days per week.
The proposed haul route is unsuitable for Council’s traffic consultant considers the proposed
the development’s traffic volumes, vehicle haul route is acceptable from a traffic engineering
types and schedules in terms of safety, perspective. To address noise concerns, a
maintenance and noise impacts. condition is recommended for heavy vehicle
movements along the haul route are limited to
between the hours of 6am until 7pm, 7 days per
week.
Road safety upgrades and maintenance The applicant has signed an Infrastructure
has not been addressed. Agreement for the sealing and widening of Top
Forestry Road to address the safety, maintenance
and dust nuisance issues.
Dust Concerns
Pollution of Blackfellow Creek and the DAF consider the risk associated with the release
Mary River from shed dust of fugitive dust emissions will have a low
environmental impact. The ERA conditions require
a Site Based Management Plan to regularly
monitor and review environmental performance.
Dust impacts on health The dust impact has been appropriately modelled
and meets the recommended standards. Council’s
environmental consultant considers the modelling
to be consistent with that seen elsewhere (i.e. the
predicted dust levels require a smaller buffer than
that required for odour).
Other
The devaluation of neighbouring This is not a relevant planning matter, with the
properties. assessment focussing on whether the impacts are
acceptable for the area.
Pollution of Blackfellow Creek from Detailed erosion and sediment control measures
Erosion from Cut and Fill will be incorporated into subsequent Operational
Works applications.
Biosecurity risk in emergency disease These matters are regulated by the Department of
situations Agriculture and Fisheries (DAF) and Biosecurity
agencies, and not local government. DAF
recommend a suitable condition be included on
the ERA for a site based management plan
addressing contingency planning requirements
associated with biosecurity risks.
Visual Amenity impacts – with any Conditions are recommended for the sheds to be
plantings unlikely to grow to a height that finished in suitable colours, with a suitable mix of
will screen the sheds vegetation and densities around the perimeters of
each shed to screen their bulk. A detailed
Operational Works application is required for
earthworks and landscaping.
Page 40 of 201
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Issues Comments
Does not meet the Overall Outcomes of Animal Husbandry Type 2 (Intensive Poultry Farm)
The Noosa Plan’s Mary River Catchment is a consistent use within the Rural zone, subject
Locality Code. to impact assessment and must demonstrate that
the selected site is suitable, and impacts can be
appropriately managed.
5. CONCLUSION
The report provides an assessment of the most recent information for an application for a
230,000 bird poultry farm at 136 Top Forestry Road, Ridgewood. Animal Husbandry Type 2
(Intensive Poultry Farm) is a consistent use within the Rural zone, subject to impact assessment
and must demonstrate that the selected site is suitable, and impacts can be appropriately
managed.
It has been three years since the application was lodged, and has often changed with regards to
bird numbers, shed litter disposal, odour impact assessment modelling, traffic impact and
volumes, shed synchronisation and upgrades to Top Forestry Road for heavy vehicle use.
Because of the numerous changes and the perceived impacts of a farm of this scale, Council has
received over 226 submissions over this period (including two petitions of support, with 198
signatories; and two petitions objecting, with 723 signatories).
In November 2014, Council deferred consideration of the application and requested the applicant
address traffic and odour impacts by providing an infrastructure agreement, and provide further
clarification about the haul route and chicken pick-up times.
In October 2015, the applicant responded by providing an Infrastructure Agreement detailing
proposed upgrades (including sealing and widening) to Top Forestry Rd, and a restrictive odour
covenant on the adjoining properties currently owned by the applicant.
Council’s traffic consultant considers the sealing and widening of Top Forestry Road will allow for
the road to be used safely at moderate speed, as well as reducing Council’s maintenance.
Council’s solicitor is also accepting of the restrictive odour covenant to bind the adjoining
properties within the unacceptable odour impact area so as not be used as a house (or transfer
of any existing house), while the poultry farm is operational.
While the Infrastructure Agreement overcomes the outstanding key issues of traffic and odour,
the applicant has not adequately addressed how the impacts on surrounding residents living
along the haul route are to be mitigated. This is a concern, with the Department of Agriculture
and Fisheries (which manage the compliance of poultry farms) considering the noise impacts
from chicken pick-up times to be high, especially during night time operations.
To minimise these impacts on the lifestyle and amenity of residents on the haul route, a condition
is recommended restricting truck movements to between 6am and 7pm. The application is
therefore recommended for conditional approval, subject to Council entering into the
Infrastructure Agreement to secure the proposed road upgrades, and a restrictive odour
covenant is included on the title of the adjoining properties.
Page 41 of 201
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development x Infrastructure Planning & Design
Governance x Planning & Environment
Human Resources x Strategic Land Use Planning
Sustainability
Page 42 of 201
Section 43
ATTACHMENT 1
Proposal Plans
Page 43 of 201
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Page 44 of 201
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Page 45 of 201
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5 : * . “Vf [4] AOD BURDED TREATMENT B13 |
, | \ 6 y! ps 5 Li | AWNEND BUNDED TREAINENT [8-13 |
+ i a0 -. { \ 7 y |< | REVISED SEIMNENT BAST) OTE [8-13 |
~~ fay a Po ™. Y [> | REVISED PAGE MANGER 813 |
i ‘ ae a Ye . : PE | REVSED FOR REPORT 05/15)
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= he = . 21SP i wre$
So - ae - P _ . am f 5Section 46
Attachment 2
Special Conditions of the Infrastructure Agreement
Page 46 of 201
Attachment 2
Special Conditions of the Infrastructure Agreement
SCHEDULE 1
Deed Details
ITEM 1 Date Commencement Date in accordance with Clause
1.4 - Definitions
ITEM 2 Name of Deed Infrastructure Deed In Respect of Upgrading Top
Forestry Road and Odour Covenant for a
Development Permit for Material Change of Use.
ITEM 3 Council Noosa Shire Council
9 Pelican Street, Tewantin in the State of
Queensland
PO Box 141, Tewantin QLD 4565
ITEM 4 Applicant W Donald Milligan Pty Ltd
ACN 009 851 503, Genevieve Milligan and David
William Milligan
146 Top Forestry Road, Ridgewood, QLD 4563
(which is more properly identified as Lot 204 on
RP 892484)
ITEM 5 Subject Site Lot 21 on SP226606 at 136 Top Forestry Road,
Ridgewood
Locality of: Cooroy
ITEM 6 Development MCU12/0184
Application
ITEM 7 Development Permit Development Permit for Material Change of Use
for Animal Husbandry Type 2 (Intensive Poultry
Farm).
ITEM 8 Special Conditions e Upgrading of Top Forestry Road to be
undertaken in accordance with Schedule 2;
and
e The Odour Covenant registered on title in
accordance with the Special Conditions as
specified in Schedule 4.
14 of 19
Page 46 of 201Section 47
Page 47 of 201
SCHEDULE 2
Special Conditions — Road Upgrades
1. Prior to the construction of any road works in Top Forestry Road the applicant must
apply to Council for a Development Permit for Operational Works — Roadworks. The
works must be approved, completed and accepted “On Maintenance” for a minimum
maintenance period of 52 weeks for roadworks, stormwater drainage and frontage works
as set out in section 5.5 of “Planning Scheme Policy 5 — Engineering Design Standards
— Roads, Drainage and Earthworks’ in effect at the Commencement Date, prior to the
commencement of the use for Animal Husbandry - Type 2 (Intensive Poultry Farm).This
deed shall prevail to the extent of any inconsistency with the Development Permit for
Operational Works.
2. | The upgrading of Top Forestry Road must be provided by the applicant/owner generally
in accordance with the plans prepared by Lambert & Rehbein contained in SCHEDULE
3 extending from the proposed entrance to the site to the existing formation at Old
Ceylon Road, including the following amendments:
A. — Plan No. B14101-SK-004 (Rev B) dated 8/5/2015
(a) Delete the table titled “Review of Existing Road Width vs Required 6m Road
Width of Suitable Pavement Material”
(b) Include additional notes
(i) | “The unbound pavement must extend beyond the formation width into
the 1 on 4 shoulder where necessary”,
(ii) “The final design of the pavement must be undertaken in accordance
with the conditions of the operational works approval”,
(iii) “Table drains to be widened at cross drainage culverts where
necessary”,
(iv) “The road must be constructed with a minimum 6m wide sealed
surface.”, and
(v) The sealed surface must be widened where required at the bends (a
minimum of 7m wide at the major bend at approximately Ch1100 to
ch1200).”,
(c) Clearly indicate the full extent of the proposed banks and batters.
B. Plan No. B14101-SK-005 (Rev C) dated 28/4/2015
(a) Include additional notes
(i) | “The pavement designs shown on the engineering drawings are not
approved. The final design of the pavement must be undertaken in
accordance with the conditions of the operational works approval",
(ii) “The cut batter indicated on the plan is typical only and is subject to
localised geotechnical investigation at the time of final design and
submission of an Operational Works application. Should the localised
geotechnical investigation conclude that the typical section is not
achievable or Council considers that the extent of works and
vegetation removal is excessive, Council reserves the right to require
15 of 19
Page 47 of 201Section 48
Page 48 of 201
the construction of a suitable engineered solution. All works are to be
constructed at no cost to Council.”
(b) Clearly indicate the full extent of the proposed banks and batters
C. Plan No. B14101-SK-006 (Rev A) dated 6/1/2015
(a) Extend the cross section at Ch140 to indicate the full extent of banks and
batters (to the point where they meet with natural surface)
16 of 19
Page 48 of 201Section 49
Page 49 of 201
SCHEDULE 3
Plans
1. The upgrading of Top Forestry Road is to be provided by the Applicant/owner generally
in accordance with plans prepared by Lambert & Rehbein consisting of:
i) B14101-SK-0004 (Rev B) dated 8/5/2015
ii) B14101-SK-0005 (Rev C) dated 28/4/2015
iii) B14101-SK-0006 (Rev A) dated 6/1/2015
iv) B14101-SK-0007 (Rev A) dated 6/1/2015
17 of 19
Page 49 of 201Section 50
Page 50 of 201
Es OLD CEYLON ROAD KR
Yo V4
\S Feu a
ce
A DRL)?
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o 7
oO =
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9g —— \
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oo ROAD ae =) gw
— 0 9.
ta. =.
>
= 5 eS REVIEW OF EXISTING ROAD WIDTH VS REQUIRED
sey 6m_ROAD WIDTH OF SUITABLE PAVEMENT MATERIAL
<& = SECTION | CHAINAGE | EXISTING WIDTH | WIDENING REQUIRED
[sicion i [mao rozmo [sn | tm
Fscror2 | 000 sao | sm | om ——*
EPR SECTION 4 | 815.0 10 850.0 5.8m | tam
gr. sconon 5 [ssa 0 9m0 | 8m
4 SSS Oe. — | SECTION 6 | SEE Sk-005 SEE Sk-005 SEE Sk-005
& 7 gs Yd
’
{| ~&: 4 So %
o v | |
<
yagi) ee NOTES:
? Foe TEN 1, EXISTING WIDTHS REFER TO PAVEMENT WIOTH (PAVEMENT 'S OF UNKNOWN DEPTH AND MATERIAL
ey ee ee TYPE) AS DETERMINED BY THE SUPPLIED SURVEY FROM MAX WATTERSON & ASSOCIATES,
\ | Srey : Te RECEIVED 28/11/14, REFERENCE; 06-2184AK1.¢wg,
§ ———— 2 Mp, SR 2. SECTIONS 1, 2, 3, 4, 5, & 7 WILL REQUIRE RELATIVELY MINOR EARTHWORKS, EXTENSION OF
TZ xe SECTION / “py eS: EXISTING PIPES, REINSTATEMENT OF TABLE DRAINS AND ADOITIONAL PAVEMENT WIDENING TO
ry ; % e oe Set! ACHIEVE THE FULL 6m WIDTH REQUESTED BY COUNCIL. SECTION 6 WILL REQUIRE MORE
\\ SECTION To Sk 005 FOR DETAILS ¥ x WIDTH. REFER TO SKETCH B14101-SK-005 FOR ADDITIONAL DETALS.
— REFER a , SIGNIFICANT EARTHWORKS AND ADDITIONAL PAVEMENT WIDENING TO ACHIEVE THE Gm PAVEMENT
p 3. GEOTECHNICAL SITE INVESTIGATIONS HAVE BEEN UNDERTAKEN (REFER TO RED EARTH
y ENGINEERING GEOTECHNICAL INVESTIGATION REPORT — APRIL 2015.
4 on 8 FILE:150320 LAR Rood Investigation Ricgewood Geotech 23042015_Rev!—Combined.pdf
yf Cas. Sh 4, PAVEMENT DESIGN HAS BEEN UNDERTAKEN IN ACCORDANCE WITH THE GEOTECHNICAL
INVESTIGATION REPORT, AUSTROADS PAVEMENT DESIGN GUIDELINES AND COUNCILS
RECOMMENDATIONS.
F 5. THE WORKS SHALL INCLUDE INSTALLATION OF ALL REQUIRED ROAD SIGNAGE AND ROAD EDGE
v0 GUIDE POSTS IN ACCORDANCE WITH THE CURRENT EDITION OF THE TMR MUTCD.
a 6. DRAWINGS ARE CONCEPT ADVICE ONLY, AND ARE SUBJECT TO DETALED DESIGN.
@ x6/ CONCEPT
3 te> ADVICE ONLY
° Le ey 2015
=> ct Jent | gr
“ W. DONALD MILLIGAN PTY LTD C/- GANTT LEGAL Er LAMBERT & REHBEIN ee
No 0 10 20 30 40m \ ENGINEERS + MANAGERS - SCIENTISTS, B14101-SK-004
Oo cielo PROPOSED POULTRY FARM TOP FORESTRY ROAD - WIDENING DETAILS bay er sein (eye ee > s | wsrs
= SCALE 1:1000 (A1) INFRASTRUCTURE WORK ASSESSMENT jieismacus fe eg aor ist
: - See asa ea, eae
F.\debs\814100\814101\Drowings\intrestructure\ Skeéches\B1410!1~3K—-004 REVE 15~05~08.deqSection 51
Page 51 of 201
Neri Se ed —~—
aa , ‘ ns 7 ~ | i
Stes Face . Pr — \
} 4S uN / : : oo i |
hy rie F eh oe a ~S 0 || My
“ae = ca . = ‘| se & g |
Pee oe ape om 4 e, TN TC 1083.97, =
\ “A, aoe ae 7 %, ike BATTER TREATMENT (HYDROMULCH OR SIMILAR) = i
oN, tis TS. ae as = DESIGN. SURFACE Gay
a pa oo ae EXISTING SURFACE ES
SF S Pr) a a\
re ane = ta a a ms, / ij 3 EARTHWORKS (CUT) TO PROVIDE FORMATION °
» : ES = WOT AND RE-INSTATE TABLE DRAIN ch
TOP FORESTRY ROAD ' = asx ee " ee ay x RE-INSTATED TABLE DRAIN - 1.15m WIDE, 0.3m DEEP. (TABLE /
' Se ae x \, ORAN TO BE LOCALLY WIDENED AT CROSS DRANAGE CULVERTS) G0
5 ‘ A iS 3 \
Ai ws ey ae a R Ky l
ua oT UNS eg Aosta f yo | / {
| “e »_
ee ine 4 ie ROAD WIDENING — TOTAL FORMATION WIDTH VARIES | s
me s 5 ~ A y MIN, 6.0m (TYPICAL) MAX. 7m (CURVE WIDENING) | &
Sy ‘oa +6% |
EXCAVATE INTO EMBANKMENT (LHS IN fe = 3 es
—_—____ / 1 ON — ee 6% I
DRECTON OF cHanace) TO eROWDE |. inne 2s wena ene ” HEY
) ~~. 7 ]
AND REINSTATE TABLE. DRAINS. = fie ARENOR 10 SHEERS bay |
A ear oe . SS «6& Ky j
eo 4 o / J
TYPICAL CROSS SECTION AT CRITICAL BEND ‘ qd hg
‘APPROX. CH.1100 10 CH. 1200 SS !
; » TH
> |
oO / / vd
g = | / ay
& 5 > ~ R= / i Uf
oe 8 = | & BB Mh
S S 8 8 = 8 Lo
S ~ & - s SS. 8 8 Ks” if REx
8 8 eS » Ss 88S 8 e A/ NY 8
Ss S Ss & s S 8s a. S 4 .
_-— $000 RCP ‘Gum A fKphoodiyf6 #
= DEVELOPMENT Z ' Bloodwood __-— Z a
Za = ; Gum Se : YZ 5
Sm r t — A Vv 4 -
__ SSS wea Z 5028 4 ¢> 4
oe TOP_FORESTRY ROAD ots — SS
— sane SS =e
Z + ORG a ‘Ss
jo <a ma A 6 [ CURVE WIDENING, MAXIMUM TOTAL WIDTH
4 5 “aD ae i o, iin
Z S en BATTER SLOPES ARE INDICATIVE ONLY AND
z =i a ee E — fe Gum_@ SUBIECT TO DETAILED DESIGN. BENCHING AND
Se a = J __ Gum e SLOPES ARE SHCWN AS PER RED EARTH
/ fs Stay e ai © Vv ADVICE FROM RED EARTH ENGINEERING.
( EI - IL 2015", ANI m
PROPOSED FEATURES LEGEND NOTES:
ROAD EDGE GUIDE POST e 1. FOR OVERALL UPGRADE DETAILS, REFER
U (REFER TMR STD DRG 1356) TO SKETCH NUMBER 814101-Sk-004.
» THE WORKS SHALL INCLUDE INSTALLATION OF ALL REQUIRED ROAD
¢e SIGNAGE AND ROAD EDGE GUDE POSTS IN ACCORDANCE WITH THE
O CURRENT EDMON OF THE TMR MUTCD. CONCEPT
: —Y Sey
= crore vero fd
= Prope Tent Tigre Wo
2 CAMBERT S RERBEIN
SCNE 1:250 (A!) SCALE 1:2000 (At) Sehistiacnine wien scarce TOP FORESTRY ROAD - WIDENING DETAILS & TYPICAL SECTION] istiikesas EERE __ i Si fee TO
= : ; 7 Ri iemmsw = ene, Snes ee ws
F \Jebs\814100\ 814101 \Drawings \intrestructure\ Sketches \B14101-SK—-O05 REVE 15-04-28.deqSection 52
Page 52 of 201
@ CONTROL LINE MCCI
\ MN | CONCEPTUAL DESIGN SURFACE
Niet tis song | EXISTING SURFACE
Z ss CONTROL UNE MCC1 |
a X = 1620.987
cern Ie mci “SS y = gate ia 4008 ere CONOR LE mec!
X = 18704 he = 205. -----46 7 in s = 1463, \ L
Meer sata “s Datum 204.00 Ll | 1 iaiaane = r ee a TT e
a = =
8| 8 8 g| 8 EXISTING SURFACE ss = 38/8 $ 8
pues a ff Ge | oe |e os od ee
2 gig 8 8 5 ¢
> = EXISTING SURFACE, a =
— |g 3 gj 8 CHAINAGE 500.000 sbi | 8 g
8 ee = = 8
CHAINAGE 200.000 CHAINAGE 800.000
6s ws
contROL LINE ex Sgt tt 1008 te, CONTROL UNE NCCT SS
xX = 1929228 | Hee yo antes SS yo hE oe
Bae _ zai Tr || oto CM Met ptt
Y = 2353. Se = 206, ~~ a a
NN Dotum 204.00 ~~ Y = 2069.847 Es
Dotum 198.00 Sip] M >
= aR] 8 2 3 2 = 199,201 Y=~5
38/8 8} 8 DESIGN HEIGHT A) 8 3
DESIGN HEIGHT ssi a} § sis| $ § 8 Datum 196.00
www |e mir) o re) Nisis s
alg a & saat tate =
om | gf go gs | mm | 88 8 § 3 poco
i, RAS 2
oomnce 1n000 ae em | ai8\8
f s 3 ~ y
CHAINAGE 700.000
My .
X SS,
CONTROL LINE MCCt | 7] ee CONTROL UNE MCC1 TT | i CONTROL LINE MCI \
S = ——
X = 1967.774 Ne X = 1773.490 a X = 1551.615 ¥
Y = 2342.514 ae Y = 2344.286 yaa Y = 2159.72) wok ~4.00% 4.00%
Z = 200.329 Z = 206.014 Sn Z = 205.651 T 1. 11 ES ae
Detum 196,00 Datum 202.00 Datum 204.00 |
wooo | gee | emer | | mmr |
g 8 asi & = x Bl B E
a eee mee
= 3 glalé al 5 8
g 8 |g 8 g| 8 2 g
OFFSETS 8 8 8 gs} & OFFSETS 8 8 8 OFFSETS 8 8 8) 3
U ' ' s | ¥ ' s " ‘ Ss S| +
a CHAINAGE 100.000 CHAINAGE 300.000 CHAINAGE 600.000
>) CONCEPT
oO NOTE: SUBJECT TO DETAILED DESIGN | ADVICE ONLY
LB ey 2015
<. ” (KK. LAMBERT & REHBEIN Biat
ND 0 1 2.3 4m a — \ ENGINEERS - MANAGERS « SCIENTISTS. B14101-SK-006
So eee Ii 7 . GREEN wueee «= See
° SCALE 1:100 (41) SeRiStRAETIRE wake 1eceeislent: TOP FORESTRY ROAD - CONCEPT ANNOTATED CROSS SECTIONS] SSictzcwnsws = SSC AUS _ AeA
F.\debs\81 4 100'\8 14 101\ Drawings \intrestructure\ Suetches\B1410!-3K-006 15-01-06.degSection 53
Page 53 of 201
CONTROL LINE MCI
X = 1413.188 a wont
Y = 1801.967 Se ee
2 = 209.023 oe ‘mK th, +”
Dotum 208.00 CT Td
i or
psowon | § ge og F | -
g 8 8 g 8 Soe
fwmesmey § BE oF fF ie:
ge 8 aN
Sg BN
CHAINAGE 1000.000 “Sse @ CONTROL LINE MCCI
CONTROL LINE MCCI ~~ | CONCEPTUAL DESIGN: SURFACE
Pe aon EXISTING SURFACE
Z = 216.195 [
CONTROL LINE MCC! oa <a a sap Doturn 210.00 = - a x= 86425 |
CONTROL LINE MCI
2 se a : a - sooo | UT : : = -
a tL | TI aE ee
= ~~--- Ss] SS sS 6s! 6 Z = 209.448 Ve = pape $f
Dotum 202.00 3/5 2 jatum .
DESIGN HEIGHT sigs 3 8) 8 fl 5 | ff DESGN: HEIGHT S| g g 2
= = EXISTING SURFACE 3| 8 g S| 8 = ©
Sls 3 3 8 | 8 § §
NS N &
8 orFstrs s 8 8} 3
sis 8 = CHAINAGE 1200.000 8
a _
QR OFFSETS 2
t s s
CHAINAGE 950.000 a CHAINAGE 1.350.000
=>,
a
as ~4.005 ~4.00% lin oy
al
x. aS
CONTROL LINE MCC1 SS et 400% -4008 ry, CONTROL LINE MCC1 Mee CONTROL LINE WCG1~__
X = 1468.024 <leet pat X = 1398.722 < X = 1231528 Su gy | cares 6008 rw
Y'= 1885071 Pe Y = 1703,708 Y = 1639.446 YS = -----==--
Z = 202.825 Se Z = 213.601 Z = 214.121 | |
Datum 200.00 : Dotun 208.00 Dotum 212.00
psa | 0 gt OU eee S 3 2 2 3 2 psuor | SRT OY
g sS =| = = = w sisls S =
bx] NX SLN N NUN NINN N SN
socom = ida : 2 2 3 2 mesme! ST
wo So NN a ae ay
S R als al 5 AlN &
OFFSETS 8 8 8 OFFSETS z 8 8 8 OFFSETS = 8 8 8
~
' s 4) 1 ' s s ' ' Ss "
> CHAINAGE 900,000 CHAINAGE 1100.000 CHAINAGE 1.300.000
©
@ CONCEPT
3 NOTE: SUBJECT TO DETAILED DESIGN | ADVICE ONLY
LB Mey 2015
° Project Chen Figere No
W. DONALD MILLIGAN PTY LTD C/— GANTT LEGAL (& LAMBERT & REHBEIN
8 ae PROPOSED POULTRY FARM Te ‘\ SHOR IERS eae t ores B14101-SK-007
= SCALE 1:100 (At) SECIS TROCIRE. Wake seco TOP FORESTRY ROAD - CONCEPT ANNOTATED CROSS SECTIONS] Svvivizwagus BES ADIL & A
pre escaila( a
[Bexn tees pene odes) ae) ee Ret SEE LOW
F \ebs\814100\814101\Drowiegs\intrestructure\Sketches\B1410!-3K-07 15-01-06.degSection 54
Page 54 of 201
SCHEDULE 4
Odour Covenant — Special Conditions
1. The Odour Covenant shall be registered on the title for the buffer lands , subject to the
requirements, restrictions and exemptions set out in the following subsections in order
to provide an odour buffer for the period of the Use permitted by the Development Permit
for the Subject Site:
i) The “odour footprint” shown as Guideline 2.5 on the attached Figure A1, titled
“Odour contours from the Poultry Sheds for Standard Stocking Scenario” dated 23
July 2014, prepared by MWA Environmental shall be surveyed by the applicant to
clearly define the covenant area for incorporation into the Odour Covenant;
ii) Lot 22 on SP226606,Lot 204 on RP892484 and the part of Lot 1 on SP100785
and the part of Lot 20 on SP226606 which are located within the “odour footprint”
shown as Guideline 2.5 on the attached Figure A1, titled “Odour contours from the
Poultry Sheds for Standard Stocking Scenario” dated 23 July 2014, prepared by
MWA Environmental must not be developed or used with a sensitive receptor,
such as a detached house and must not be developed or used for purposes
associated with the Use permitted by the Development Permit;
iii) | “Sensitive receptor” has the meaning given in the Department of Environment and
Heritage Protection’s Odour Impact Assessment from Developments Guideline;
iv) The part of Lot 20 on SP226606 and the part of Lot 1 on SP100785 located outside
the “odour footprint” shown as Guideline 2.5 on the attached Figure A‘, titled
“Odour contours from the Poultry Sheds for Standard Stocking Scenario” dated 23
July 2014, prepared by MWA Environmental must not be developed or used for
purposes associated with the Use permitted by the Development Permit;
v) The part of Lot 20 on SP226606 and the part of Lot 1 on SP100785 located outside
the “odour footprint” shown as Guideline 2.5 on the attached Figure A‘, titled
“Odour contours from the Poultry Sheds for Standard Stocking Scenario” dated 23
July 2014, prepared by MWA Environmental may be used with a sensitive
receptor; and
vi) | Notwithstanding ii) above the use of the existing dwelling house (sensitive
receptor) on Lot 204 RP892484 is permitted to be used by the applicant and/or
any successors in title whilst the Use permitted by the Development Permit
continues to operate on the Subject Site, provided that the applicant or successors
in title (as the case may be) own the Subject Site and the buffer lands.
18 of 19
Page 54 of 201Section 55
Page 55 of 201
~ PR rs en haa ira as cae Le
Ss p
es \9 = Lax . “ ha
a FY WY SSE
soos ‘SS
a te
( »\:
y oO ae re
AES + | 27 j
WA | ome | RS | 2s [omen] ae |aneame
Page 55 of 201Section 56
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
3 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
CULTIVATION TYPE 2 - INTENSIVE (GREENHOUSE) & RECONFIGURING A LOT
(ACCESS EASEMENT) SITUATED AT 271 & 305 LAKE MACDONALD DRIVE, LAKE
MACDONALD (MCU14/0039 & REC15/0012)
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / MCU14/0039 & REC15/0012
Attachments 1. Flooding inspection photos
2. Flood Impacts
APPLICATION DETAILS
Applicant Como Glasshouse P/L C/- Martoo Consulting
Proposal Development Permit for Material Change of Use - Cultivation
Type 2 – Intensive (Greenhouse); and
Development Permit for Reconfiguring a Lot (Access Easement)
Properly Made Date 13 June 2014
Information Request Date 25 June 2014
Information Response Date 02 July 2015
Decision Due Date 19 November 2015
Number of Submissions Not Applicable
PROPERTY DETAILS
Property Address 271 & 305 Lake Macdonald Dr LAKE MACDONALD
RP Description Lots 1 & 2 on SP 108094
Land Area Lot 1 - 33.4 ha & Lot 2 - 14.14 ha
Existing Use of Land Turf farm, associated sheds and detached house
STATUTORY DETAILS
SEQRP Designation Regional Landscape & Rural Production
Locality Cooroy & Lake Macdonald
Zone Rural
Applicable Overlays Biodiversity (Riparian Buffer & Environmental Protection)
Assessment Type Code
Page 56 of 201
Section 57
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU14/0039 &
REC15/0012 for a Development Permit for Material Change of Use - Cultivation Type 2 –
Intensive (Greenhouse) & Development Permit for Reconfiguring a Lot (Access Easement)
situated at 271 & 305 Lake Macdonald Dr, Lake Macdonald and:
A. Approve the applications in accordance with the following conditions:
Development Permit for Material Change of Use - Cultivation Type 2 – Intensive
(Greenhouse)
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
D-01569-06-B Site Plan drawn by Martoo Consulting 23/06/2015
3. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Building Height
4. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground level.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works. The cash
bond or trading bank guarantee will be returned on performance of the conditions of
approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.
6. All grow media, grow bags and plants within the greenhouse shall be raised above
the 10% AEP flood level. Any structures supporting the crop (including the building
frame) shall be designed to withstand minimum velocities associated with a 1% AEP
Flood. Certification confirming the heights and strength of the structures must be
submitted to Council from a suitably qualified professional (RPEQ) prior to the issue
of an Operational Works approval. The elevated planting system must be installed
prior to planting the next crop.
7. The use must be undertaken in accordance with the Flood Management Plan R01
v02, by Water Technology and dated 31/08/2015, subject to the following
amendments;
a. A nominated flood warden be on site at all times during operation hours of the
facility;
Page 57 of 201
Section 58
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
b. A contingency for a flood refuge area must be defined in the strategy in the
event that persons become trapped on site. The flood refuge area should be
suitable for safe refuge during an extreme flood event.
c. Flood warnings issued by the Bureau of Meteorology and/or Council must be
added as a trigger, in addition to the site's flood gauge.
The amendments must be incorporated into an amended Flood Management Plan
which must be submitted to Council prior to the issue of an Operational Works
approval.
Waste
8. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9, Waste Management, including a waste storage area large
enough to accommodate all potential sources of contamination, including hazardous
materials, chemicals, used grow media (including plastics) and waste bins located
well above the 1% AEP flood level.
ENGINEERING
Site Access and Driveways
Lake Macdonald Drive frontage
9. An access driveway to service the existing dwelling must be provided extending from
the formation of Lake Macdonald Drive to the property boundary. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular a driveway crossover generally in accordance with IPWEAQ standard
drawing 056.
10. This access driveway is to be used only for the residential use on the site. This
access may be used for access for the agricultural use on the site (passenger and
heavy vehicles) in an emergency situation when the heavy vehicle access through
the property to the south is not accessible. When used during an emergency
situation, suitable Traffic Control measures must be employed. The type and extent
of Traffic Control measures must be included in the Operational Works application for
the construction of the access driveway.
Access driveway through the adjoining property (271 Lake Macdonald Dr/Lot 2
SP108094)
11. An access driveway to service the agricultural use must be provided extending from
the formation of Lake Macdonald Drive to the greenhouse. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. an access and internal driveway generally in accordance with the report
prepared by TTM Consulting Pty Ltd dated 2 July 2015 reference 15SCT0024.
b. a driveway constructed with a suitable “all weather” surface that can cater for
the effects of occasional inundation by flood waters.
c. a driveway that does not create any additional flooding of Lot 2 SP108094 or
any adjoining property.
12. Approval of the driveway design from the owner of Lot 2 SP108094 must be
submitted to Council with the Operational Works application.
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Car Parking
13. A minimum of 30 car parking spaces must be provided on the site for the agricultural
use. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a carparking area constructed with a suitable “all weather” surface that can
cater for the effects of occasional inundation by flood waters.
b. a carparking area that does not create any additional flooding on any adjoining
property.
Stormwater Drainage
14. Stormwater runoff from the development must be disposed of on-site without causing
scour, entraining and transporting sediments in the stormwater or damage to the
subject site or any adjoining property.
15. All roof runoff not reused for site operations must be treated within natural stormwater
quality treatment strategies prior to release from the site.
16. The use must be undertaken in accordance with the Stormwater Management Plan
Rev a, by O2 Environmental and dated 07/10/2015, subject to the following
amendments;
a. the infiltration basin must be located outside of the Riparian Buffer Area;
b. The proposed filter media basin must be designed to hold water for no longer
than the time period modelled in the MUSIC model Stormwater Management
Plan Rev a, by O2 Environmental and dated 07/10/2015. Where groundwater
recharge is expected, a Geotechnical Engineer must provide certification to
confirm that the permeability of soils underlying the proposed location for the
media filtration system exceed the proposed permeability of the filter media
treatment system.
c. Include an Operational Phase Water Quality Monitoring Plan, prepared in
accordance with the Environmental Protection (Water) Policy 2009 Monitoring
and Sampling Manual. The Operational Phase Water Quality Monitoring Plan
must be sufficient to demonstrate that a flood event does not cause the release
of fertiliser, prescribed water contaminants, or other nutrient laden waters from
the operation of the Greenhouse into surrounding waterways. Monitoring
methods must not put any lives at risk during a flood event.
The amendments must be incorporated into an amended Stormwater Management
Plan and submitted to Council prior to the issue of an Operational Works approval.
17. Water quality monitoring results must be analysed by a suitably experienced water
quality specialist and identify whether or not nutrient increases within the receiving
waterways were associated with the release of nutrients from the Greenhouse during
a flood event. The analysis must be provided to Noosa Council officers within 30
business days following inundation of the site Greenhouse with flood waters.
18. Where the results of the Operational Phase Water Quality Monitoring demonstrates
there are nutrient increases associated with the release of nutrients from the use
during a flood event, the operator must identify and rectify the cause of the release,
and include appropriate mitigation works to prevent future releases in flood events as
far as practicable. The operator then must demonstrate to Council that appropriate
measures have been incorporated into operations, to prevent a release of nutrients to
the receiving waters in future flood events.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Earthworks and Retaining Walls
19. All earthworks must be undertaken in accordance with an Operational Works
approval, and contained entirely within the site, unless written permission from the
respective landowner(s) is provided to Council.
20. Bund 1 & 2 indicated on the Site Layout Plan drawn by Water Technology and dated
01/07/2015 must be removed and the existing levels reinstated within 2 weeks of this
approval date.
21. Bund 3 as indicated on Site Layout Plan drawn by Water Technology and dated
01/07/2015 must be relocated a minimum of 5m away from the root zones of the
existing vegetation adjacent the creek. The new bund and area between it and the
waterway shall be revegetated with suitable species and densities in accordance with
Planning Scheme Policy 3 – Landscaping Plants & Guidelines. The earthworks and
landscaping must be undertaken in accordance with an Operational Works approval
and be lodged within 1 month of the Material Change of Use approval date.
Damage to Services and Assets
22. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Development Permit for Reconfiguring a Lot (Access Easement)
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
D-01569-06-B Site Plan drawn by Martoo Consulting 23/06/2015
Easements
3. An easement for access purposes must be registered against the title of Lot 2
SP108094 in favour of Lot 1 SP108094. The easement must be a minimum of 10m
wide and widened where necessary to wholly include passing bays and any
associated banks or batters.
4. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
5. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
6. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
B. Give notice to the property owner to remove bunds 1 & 2, and reinstate the areas back to
its original condition to the reasonable satisfaction of Council within 2 weeks of this
decision.
REPORT
1. PROPOSAL
The application is for approval of a 2ha greenhouse (144m x 140m x 7.5m high) at 305 Lake
Macdonald Drive, Lake Macdonald. The greenhouse was constructed in December 2013 without
a planning approval and has been the subject of compliance action relating to noise, sediment
control, traffic and flooding impacts. Approval is also sought to create an access easement
through the adjoining Wimmers site to provide suitable vehicle access to the greenhouse.
The site has been previously used as a ‘turf farm’ for at least 30 years, with this existing use
categorised by The Noosa Plan as Cultivation Type 2 – Intensive (Turf Farm). However, the
changes in the scale and intensity of this new agricultural use requires a further Development
Permit for a Material Change of Use for Cultivation Type 2 – Intensive (Greenhouse). The use is
consistent within the Rural zone, subject to code assessment.
The applicant provides the following details about the greenhouse and associated operations:
The 2ha greenhouse is to be planted with tomato and/or cucumber plants.
The greenhouse is made with a metal frame covered by a polyethylene plastic, with fold up
walls to a height of 1.7m to facilitate flood waters flowing through the greenhouse during
periods of severe flooding.
Water for the agricultural use is to be sourced from the existing dam at 271 Lake
Macdonald Drive.
Each row of plants are contained within ‘grow bags’ and not within the soil.
The grow bags are located in lined trenches, with a pipe collection system to collect any
excess water before returning it to a mixing tank for re-use in the irrigation system.
Therefore, the irrigation system is a ‘closed loop system’, with water not utilised by the
plants being recycled. As a result, no unused effluent associated with the greenhouse
irrigation system enters the groundwater system.
Approximately 3.84 tonnes of Nitrogen and 0.52 tonnes of Phosphorus is used per year.
The crops are to be transported offsite for packing with peak truck movements anticipated
at 10 Heavy Rigid Vehicles (HRVs) per week.
Truck access to the site is to be provided via an access easement through the adjoining
Wimmers site (271 Lake Macdonald Drive).
The number of people on site at any one time is 25 people, with employees typically driving
to the site.
The hours of site operation are between 6.30am to 3.30pm Monday to Friday, and between
7am to 12am Saturday.
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Equipment used on the site includes an electric forklift, tractor, lawn mower and
brushcutter.
Chemicals associated with the agricultural use are to be stored on the site above the 1%
AEP flood level.
An onsite manager is to live within the existing house located near Lake Macdonald Drive.
A site plan and photos of the existing greenhouse are included as Figures 1 - 5 below.
Figure 1 Locality Plan
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 2 Site plan of the greenhouse and access easement at 271 & 305 Lake Macdonald Road.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 3 Nearmap photo of the 2 ha greenhouse and associated sheds (2 July 2015).
Figure 4 External photo of the greenhouse. Figure 5 Internal photo of the greenhouse.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
2. SITE DETAILS
2.1. Background
The greenhouse was constructed in December 2013 without a planning approval.
In early 2014, Council became aware of the development when nearby residents raised concerns
about generator noise, sediment & erosion control, and the safety of Lake Macdonald Drive as a
result of increased numbers of trucks accessing the site.
On the 13 June 2014, an application was lodged for three greenhouses (including the existing).
Further information was sought from the applicant clarifying the extent of traffic, stormwater and
flooding impacts. During this time, immediate remedial works were undertaken by the applicant
including connecting the greenhouse to mains power, grass swales established to control
stormwater, and a temporary access arranged with the neighbouring Wimmers soft drink factory
(271 Lake Macdonald Drive).
While the applicant prepared its response to Council’s information request (including a detailed
flood study and negotiating permanent access through the adjoining property) in early February
2015, flooding associated with Cyclone Yasi caused up to 1m of water to flow through the
greenhouse. This event resulted in debris from the tomato plants, growing media and plastic
being washed into the nearby waterway (see Attachment 1 – Flooding Inspection).
The applicant was immediately ordered to remove all debris from the waterway within 3 days,
which it complied with. The applicant indicated the debris washed into the creek was used dry
grow bags that had been stockpiled for removal.
2.2. Site Description
The site at 305 Lake Macdonald Drive is 33.4ha in size and located on flat land between two
existing creeks forming part of the Mary River catchment. Native vegetation surrounds the
existing creek lines, with grassed areas and drainage swales surrounding the greenhouse.
There is an existing house located near the Lake Macdonald Drive entrance and an existing
170m2 farm shed within the middle of the site.
Three substantial earth bunds (up to 1.5m in height) have also been formed by the applicant to
assist in diverting flood water away from the greenhouse.
2.3. Surrounding Uses
A mix of industrial, agricultural and residential uses surrounds the site, as described below:
Adjoining the site (305 Lake Macdonald Drive) to the south is the Wimmers soft drink
factory at 271 Lake Macdonald Drive on a 14.14 ha lot. This site has approval to redevelop
the former brickworks with a 2ha processing shed.
Adjoining the site to the west is CSR’s westridge quarry on a 63.5ha lot. The quarry is
separated from the subject site by a waterway and vegetation. The quarry has approval to
excavate fill from the site to transfer to other CSR quarry pits located along Lake
Macdonald Drive.
Adjoining the site to the northeast is a 10.5ha rural zoned lot with a detached house and
aquaculture ponds at 23 Liane Drive. The existing house is located 140m to the east of the
greenhouse and is separated by a waterway.
Adjoining the site to the southwest is a 4.6ha lot zoned for Community Services. The lot is
owned by Unitywater and is used as an effluent disposal reserve area for several properties
located on the eastern side of Lake Macdonald Drive that are within the dam catchment.
This lot is vegetated along the boundary with the subject site, and the reserve areas are
located on the higher parts of the lot.
A zoning map of the surrounding uses is included below as Figure 6.
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Section 66
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 6 Zone Map
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
The site is located within the Regional Landscape and Rural Production Area of the SEQ
Regional Plan. The proposed agricultural use is consistent with the regional policies and
regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Catchment Locality and is zoned
Rural. The proposed agricultural use is identified as a consistent use within the zone, subject to
Code assessment against the following Noosa Plan development and overlay codes:
Biodiversity Overlay Code;
Agricultural Uses Code; and
Building Works Code.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
The proposed use is consistent with the Overall Outcomes which seek agricultural land to be
used for agricultural purposes. The pertinent issues arising out of the assessment against the
codes are discussed below:
Flooding
Although the site is not currently mapped as being within a Flood Hazard Overlay area,
substantial flooding is known to occur on the site. Flood modelling by the applicant shows
flooding up to 1.7m above Natural Ground Levels (NGLs) occurs through the greenhouse in a 1%
AEP flooding event, and up to 1m in a 10% AEP event (see Attachment 2). Additional Council
flood modelling undertaken for Noosa planning scheme amendments now includes the site within
the revised Flood Hazard Overlay area.
The Specific Outcomes of the Agricultural Uses Code seeks new cultivation uses minimise the
risk of adverse impacts on surrounding watercourses, with the corresponding solutions calling for
vegetated buffers between the crops and the waterways. While the greenhouse is generally
located away from waterways and contained within a closed environment, earlier this year, water
flooded the greenhouse (up to 1m high in some areas) with debris from the tomato plants,
growing media and plastic grow bags being washed into the waterway (see Attachment 1).
Because of the high risk of flooding washing plant debris into the nearby waterway again, the
applicant was asked to raise the plants off the ground on racks. However, it did not consider this
to be commercially viable or necessary, stating in its stormwater and flood impact reports that the
amounts of fertiliser and pesticides used are substantially less than the previous turf farm, and
watering of the crop is a closed loop system which will not impact on the adjoining waterway.
The applicant also suggests that, preceding any flood event, irrigation can be halted and the
nutrient water pumped back to a holding tank. Fresh water can then be used to flush the
growbags. Following any flood event, the applicant would then undertake an immediate clean up
and inspection of the waterways for any debris from the site.
While the applicant has indicated it is not willing to raise the plants off the ground, it is noted that
similar sized greenhouses owned by the applicant (D’Vine Ripe) incorporate a plant racking
system (up to approximately 1m off the ground). Given the high risk of flooding reoccurring on
this site, it is reasonable to condition the plants be raised above the ground (above the 10% AEP
level – approximately 1m). This will ensure water will pass under the plants and grow bags in
most flooding events, and is considered a reasonable approach to minimise the risk of causing
adverse impacts on the waterway, consistent with the Outcomes sought by the Agricultural Uses
Code.
The applicant also provides a Flood Management Plan to manage risk from flooding to people
and property. The strategy involves the evacuation of the site prior to a flood. Council’s Flooding
consultant generally agrees with the plan, however, considers a contingency for a flood refuge
area should be included in the event people become trapped on site. The flood refuge area
should be suitable for safe refuge during an extreme flood event, with conditions recommended
accordingly.
Proposed works within the Biodiversity Overlay
The Overlay Code seeks to avoid development (including dams) within the mapped Riparian
Buffer or Environmental Protection Areas. The overlay mapping includes a 50m buffer to existing
drainage lines surrounding the greenhouse to the north and east, while vegetation to the south
surrounding the small drainage line is mapped as Environmental Protection. The applicant has
undertaken earthworks within this mapped overlay area, including the construction of a small
dam to the north of the greenhouse and formed bunded areas (up to 1.5m high) along the
southern perimeter, as indicated below (Figure 7).
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Figure 7 Biodiversity Overlay, with constructed bunds and dam indicated in red.
Bunds
After the Cyclone Yasi flooding event, the applicant formed three bunds to reduce flooding
impacts. Initial flood modelling by the applicant indicated that three bunds will cause
unacceptable flooding impacts on adjoining properties. As a result, the applicant intends to
remove two of the bunds (bund 1 & 2 above).
Revised modelling (with the removal of bunds 1 & 2), shows the impacts are concentrated on the
adjoining Unitywater property and represent a 10cm increase in flood waters during a 1% AEP
event. Notably, there is no development on the Unitywater site and flooding already occurs
during major flood events. As the topography rises steeply from the existing waterway in this
area, the increases are considered to have a negligible impact in terms of the flood extent and
are considered acceptable.
Council’s flooding consultant agrees with the modelling results and the retention of bund 3 will
not cause unacceptable flooding impacts on the neighbouring properties.
The remaining bund 3 is located to the south of the greenhouse, adjacent to the waterway. This
area is on the edge of the mapped Environmental Protection Area and within the root zones of
existing trees warranting protection. To reduce the impacts on the vegetation, the applicant
proposes to move the bunds 5-10m and revegetate between the waterway and the bund.
Council’s Environment Officer agrees with this approach and recommends conditions for
earthworks and revegetation to be undertaken in accordance with a subsequent Operational
Works approval.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Water detention and treatment device
A dam has been constructed within the Riparian Buffer Area adjacent the northern corner of the
greenhouse, without the necessary Operational Works approvals. The application proposes to
reconstruct this dam as a water filtration device in the same location to detain the roof water from
the greenhouse. Council’s Environment Officer recommends the infrastructure to be located
outside of the mapped Riparian Buffer Area and a condition is recommended accordingly.
Buffer Areas
The Agricultural Uses Code seeks vegetated buffers between cultivated areas and watercourses,
to reduce impacts on environmentally sensitive areas. The greenhouse is located outside the
Riparian Buffer Area and the crop is within a controlled greenhouse, which helps limit the release
of nutrients to the external environment. Apart from times of major flooding, the greenhouse is
unlikely to have adverse impacts on the surrounding waterway and existing vegetation buffers
surrounding the waterway will assist in slowing and filtering water before entering the adjoining
drainage lines.
Traffic, Access & Parking
The applicant submitted a Traffic Impact Report concluding the road network has capacity to
cater for the expected traffic movements associated with the uses. However, the existing access
from 305 Lake Macdonald Drive has not been constructed in accordance with Council’s
standards and is not suitable for its increased use. As a result, the applicant has negotiated
access for heavy vehicles through the adjoining Wimmers site (271 Lake Macdonald Drive).
As this access will be in constant use and is subject to occasional flooding, conditions are
recommended for it to be designed and constructed with an “all weather surface”. A condition is
also recommended for the existing access to Lake Macdonald Drive be used for the existing
dwelling and emergency access.
4. CONSULTATION
4.1. IDAS Referral Agencies
Nil
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
Coordinator Development Engineering
Environment Officer (Landscaping & Ecology)
Environment Officer (Water Quality)
External Consultant (Hydrology & Water Management Consulting Pty Ltd)
4.3. Public Notification
The application is required to follow a code assessable application process and public notification
is not required.
5. CONCLUSION
The application is the result of compliance action associated with the construction of a 2ha
greenhouse on an existing turf farm at 305 Lake Macdonald Drive. The changes to the scale and
intensity of the greenhouse require a development application, with the use being a consistent
use within the Rural zone and subject to code assessment.
Through the course of the application process the applicant has addressed impacts associated
with increased traffic movements by negotiating an access easement through the adjoining
Wimmers site. The applicant has also connected power to the site and includes a stormwater
management plan to detain the water from the substantial roof area.
Page 69 of 201
Section 70
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
The current crop of tomato plants within the greenhouse are planted at ground level in irrigated
grow bags and not into the soil. The irrigation system is therefore a ‘closed loop system’, with
nutrient rich water associated with the crop not entering the groundwater or nearby waterways.
However, the site is located between two existing waterways and flood modelling indicates
flooding of up to 1m in a 10% AEP event and 1.7m in a 1% AEP event through the greenhouse.
Earlier this year a moderate event occurred with up to 1m of water flooding the greenhouse,
washing grow bags into the waterway and requiring extensive clean-up. To minimise the risk of
this reoccurring in moderate flood events and considering the crop is not planted in the ground, it
is recommended that the application be approved, subject to a condition requiring the crop to be
raised above the 10% AEP flood level (approx 1m high) using a suitable racking system prior to
the planting of the next crop.
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
X Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 70 of 201
Section 71
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
ATTACHMENT 1
Inspection of the nearby waterway after the Cyclone Yasi flood event showing the plant
grow bags that were washed off site and water level through the greenhouse.
Page 71 of 201
Section 72
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Page 72 of 201
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
A
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as
Figure.12 Markings on the north eastern corner of the shed showing the height of flood waters which went
through the shed.
Page 72 of 201Section 73
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
ATTACHMENT 2 –Flood Impacts
Page 73 of 201
Section 74
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
Page 74 of 201
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a a> Tag paleo Sa Pe = ae eM eee NE AINESection 75
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A HOME
BASED BUSINESS TYPE 2 - EVIDENT AT 20 JUNIPER COURT, PEREGIAN BEACH
(MCU15/0052)
Document information
Author Development Planner, Glen Conforti
Planning & Infrastructure Department
Index ECM / Application / MCU15/0052
Attachments Nil
APPLICATION DETAILS
Applicant Pacific BCQ
Proposal Development Permit for Material Change of Use of Premises -
Home-based business Type 2 (Osteopathy business)
Properly Made Date 17 June 2015
Information Request Date 01 July 2015
Information Response Date 12 October 2015
Decision Due Date 19 November 2015
PROPERTY DETAILS
Property Address 20 Juniper Court Peregian Beach Qld 4573
RP Description Lot 468 MCH 4837
Land Area 808m²
Existing Use of Land Dwelling and Home Based Business
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Detached Housing Code
Assessment Type Code
Page 75 of 201
Section 76
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 10 November 2015 regarding Application No. MCU15/0052 for a
Development Permit for Home Based Business Type 2 – Evident situated at 20 Juniper Court,
Peregian Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
and compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Sheet 1 Site Plan, provide by applicant 28/10/2015
Sheet 2 Floor Plan, provided by applicant as 28/10/2015
annotated by Council
Nature and Extent of Approved Use
3. The approved use is limited to an Osteopathy Business.
4. The approved business use must be conducted entirely within the approved area of
the detached dwelling.
5. The approved use must not operate outside the hours of 9:00am to 6:00pm Monday
to Thursday and 8:30am to 1:00pm Friday. The approved use must not operate on
Saturday, Sunday and public holidays.
6. The maximum number of practitioners operating onsite at any one time must not
exceed one, apart from between 9:00am and 2:00pm on Mondays and 9:00am and
1:00pm on Wednesdays, when a maximum of 2 practitioners may operate.
7. The total number of persons associated with the approved use on the site at any one
time must not exceed 3 persons, except when 2 practitioners are operating when a
maximum of 4 persons may be onsite at any one time.
8. The approved use must be conducted by a permanent resident or residents of the
detached house.
Signage
9. The total number of advertising signs provided on the site must not exceed one,
having a maximum sign face area of 750mm by 400mm or 0.3m 2 and not involving
illumination or motion.
Carparking
10. A car parking area suitable for 2 vehicles must be provided near the western
boundary generally in accordance with the approved plans. In this regard the
concrete pad must be setback a minimum 1m from the western boundary.
Landscaping must be provided between the car parking area and the western
boundary.
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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2015
11. The new driveway must utilise the existing footpath to the dwelling and the existing
driveway as shown on the approved plans.
12. All resident practitioners and clients must park wholly within the site during operating
hours.
Landscaping
13. Existing trees within the road reserve and the Reserve for Park must be retained.
14. Trees to be retained must be protected from construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
d. using low impact construction techniques around vegetation.
B. Advise the applicant that all conditions of approval must be complied with by 26 February
2016.
REPORT
1. PROPOSAL
The application seeks approval for a Home Based Business Type 2 – Evident. The home based
business consists of a husband and wife conducting an Osteopathy business with no employees.
The operating hours are 9.00am to 6pm Monday to Thursday and 8.30am to 1pm on Fridays.
One (1) practitioner operates the business, except for between 9am to 2pm on Mondays and
9am – 1pm on Wednesdays, when 2 practitioners operate.
Appointments are half hourly and when 2 practitioners are operating the appointments are
staggered by 15 minutes.
A maximum of 3 persons are onsite at any one time when 1 practitioner is operating and up to a
maximum of 6 persons when both practitioners are operating. The 3 persons onsite consist of the
practitioner and 1 client and 1 client waiting and 6 persons onsite consists of 2 practitioners and 2
clients and 1 client waiting for each practitioner. In any one day there may be up to 12
appointments with 1 practitioner and an additional 6 appointments with 2 practitioners.
The business is a Home Based Business Type 2 as there are more than 3 people onsite at any
one time and the designated business area within the dwelling exceeds 25m².
The application is before Council as conditions are recommended that reduce the scale of the
business from that applied for, additionally some complaints have been received about the
business.
2. SITE DETAILS
2.1 Background
The application is the result of compliance action from a compliant received in March 2015.
Concerns were raised about business clients parking in the cul de sac. Subsequent complaints
also questioned whether the operators were living in the premises or elsewhere. At the time of
this report the operators are residing in the premises.
The business has been operating from the dwelling since March 2014.
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2.2 Site Description
The lot is located at the end of the Juniper Court cul de sac. The 808m² lot is generally
rectangular in shape with a kink along the western and street boundaries. The land slopes from
the north east to the south west corner of the lot. The dwelling is setback approximately 13m
from the street boundary behind a garage, which is setback approximately 6m.
3. SURROUNDING LAND USES
Immediately adjoining the site are dwellings except to the west where the site adjoins a reserve
for park and recreation. The surrounding area consists of detached houses and to the south and
south west a reserve for environmental purposes.
Seven (7) dwellings front Juniper Court, 5 having direct vehicle access, and 2 corner lots
accessed from Paldao Rise. Figure 1 below shows the subject site outlined in purple and Juniper
Court outlined in red.
Figure 1 – Subject site outlined in purple and Juniper Court outlined in red.
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4. ASSESSMENT
4.1 Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
4.2 State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
4.3 Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed Home Based Business Type 2 – Evident use is identified as a consistent use within the
zone and is required to follow a code assessable application process.
Land Use & Works Provisions
The Business Uses Code regulates land use and design is applicable to this application. The
pertinent issues arising out of the assessment against the code are discussed below:
The proposal generally complies with the Probable Solutions of the Code, except for Probable
Solutions 45.1a) & b) outlined below:
Probable Solution 45.1
S45.1 In towns and villages—
2
a) a maximum of 50m is used for the business (excluding parking); and
b) a maximum of 3 persons are onsite for business purposes at any one time (e.g. operator,
employee and client) and not more than 1 of the 3 is an employee;
Floor Area
The applicant’s calculation of floor area of 50m² excludes the store room and the entry hallway
which is used for both business and private use. It is agreed the store room can be excluded.
However, it is considered the floor area for the business purposes is 60m² which includes a
portion of the entry hallway used to access the therapy rooms from the reception area. Figure 2
below shows the applicant’s floor area calculation.
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Figure 2 – Applicants floor area
As the proposal does not meet the Probable Solution 45.1 in regard to the area used for business
purposes, the application must be assessed against Specific Outcomes O44 and O45 of the
Code as set out below:
Specific Outcome O44 and O45
Extent of use and residential amenity
O44 The Home-based business operates such that the level of impact of the business is minor
having regard to the amenity of the area;
AND
O45 The Home-based business remains ancillary to the residential use of the dwelling unit;
The entry hallway is used for both residential and business purposes and it is reasonable to
include part of the entry hallway in the floor area calculation. A condition could be recommended
to limit the floor area to 50m² to include a portion of the entry hallway, but this would likely mean
reducing the size of therapy room 2. Therapy room 2 is also used for a playroom and living area
when only 1 practitioner is operating. It is considered the size of therapy room 2 does not
increase the scale or intensity of the business and will not affect the amenity of the surrounding
area. Therefore, the area used for the business purposes is considered to meet the Specific
Outcome O44 and O45.
Amenity
The traffic generated by the business will increase the number of vehicles in the street. Juniper
Court is a quiet cul de sac street and the additional traffic generation has the potential to impact
on the established amenity of the street. The number of people onsite associated with the
business correlates with the number of vehicles using the street.
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During the majority of the operating hours 1 practitioner operates and a maximum of 3 people are
onsite at any one time (practitioner, client and waiting client). This complies with the lesser scale
Home Based Business Type 1 provisions. However, while 2 practitioners are operating there is
the potential to have up to 6 people onsite. The applicant’s argument in support of the application
is summarised below:
when 1 practitioner operates (the majority of the time), the business is equal to the lesser
scale Home Based Business Type 1(self-assessable), and therefore the assessment is of
the impact the additional practitioner has on amenity,
given 2 practitioners operate for only 2 half days per week , the additional practitioner has
only a minor impact in terms of additional traffic generation,
there will be only 4 persons onsite at any one time (2 practitioners and 2 clients) consistent
with the definition of Home Based Business Type 2 – Evident
an anomaly in the Planning Scheme exists with the definition of a Home based Business
Type 2. The definition indicates 4 persons can be onsite whereas the Code seeks 3
persons onsite; and
the proposed Noosa Plan scheme amendments remove the provision which limit 3 persons
onsite for Home Based Business Type 2 - Evident
It is agreed the subject Home-based Business would otherwise be self-assessable except for the
2 half days when 2 practitioners are practicing.
As the proposal does not meet the Probable Solution 45.1 for the number of people onsite, the
application must be assessed against Specific Outcomes O44 and O45 of the Code as set out
below:
Specific Outcome O44 and O45
Extent of use and residential amenity
O44 The Home-based business operates such that the level of impact of the business is minor
having regard to the amenity of the area;
AND
O45 The Home-based business remains ancillary to the residential use of the dwelling unit;
It is not agreed that only 4 persons would be onsite at any one time when 2 practitioners are
operating. It is considered up to 6 persons (2 practitioners, 2 clients and potentially 2 clients
waiting = 6 persons) could be onsite at any one time. This translates to a possible 4 client
vehicles using the street within an hour.
Juniper Court is a quiet cul de sac and this frequency of vehicles would negatively impact on the
amenity currently enjoyed by the surrounding residents. Although 2 practitioners operate for only
2 days per week, impacts still occur on surrounding amenity.
It is recommended a condition is imposed to limit the number of persons on site to 4 people (2
resident practitioners and 2 clients). This would limit the amount of traffic in the street to only 2
client vehicles rather than 4 client vehicles, reducing the number of vehicles and frequency of
traffic flow. This would then be one additional vehicle above that generated when 1 practitioner is
operating. The current businesses’ appointment schedule would need to be amended for this to
occur.
On this basis and given the points raised by the applicant it is considered the business meets the
provisions of Specific Outcome O44 and O45 of the Business Uses Code.
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Car parking
The Code requires a minimum of 4 car spaces be provided for the business use. An existing
double garage provides for the residents and an additional concrete pad is proposed along the
western boundary for 2 car spaces. Parking is also available on the existing driveway. Conditions
are recommended accordingly.
Public Notification
The application is code assessable and therefore public notification was not required but letters
in support and against were received raising the following issues:
Support
welcome their presence in the street
have young children and have no concerns with the traffic generated by the business
have noticed no change in the amount of traffic in Paldao Rise in the last 18 months
Against
too much traffic for a quiet residential area
concerns for the safety of pedestrians using the road because the footpath does not
continue the whole way along Juniper Court
4/5 cars associated with the business are parking in the cul de sac
traffic has reduced since the development application has been submitted but there is still
some cars parked in the cul de sac and there is concern that traffic will increase again if an
approval is given
the owners are not residing in the premises.
5. CONCLUSION
The business has only 1 practitioner for the majority of the operating hours which complies with
the provisions of the lessor Home Based Business Type 1. The business has the potential to
have up to 6 people onsite at any one time when 2 practitioners are operating. This is considered
to generate unacceptable levels of traffic for a quiet cul de sac street and therefore negatively
impact on the surrounding amenity. When 2 practitioners are operating and the business is
limited to 4 persons onsite at any one time, the impact on the amenity on the surrounding area is
considered acceptable and meets the relevant provisions of the Business Uses Code. The
application is therefore recommended for approval subject to conditions limiting the scale and
intensity of the business.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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5 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
WELLBEING USE - TYPE 2 SOCIAL (GENEALOGICAL & HISTORICAL GROUP
PREMISES) AT 17 EMERALD STREET, COOROY (MCU15/0082)
DOCUMENT INFORM AT ION
Author Coordinator Planning, Denis Wallace
Planning & Infrastructure Department
Index ECM/ Application / MCU15/0082
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Cooroy Noosa Genealogical & Historical Society
Proposal Development Permit for Material Change of Use for Wellbeing -
Type 2 Social (Genealogical & Historical Group Premises)
Properly Made Date 27 August 2015
Decision Due Date 3 December 2015
Number of Submissions 25
(24 support, 1 objection)
PROPERTY DETAILS
Property Address 17 Emerald Street, Cooroy Qld 4563
RP Description Lot 1 SP 275863
Land Area 300m2
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Open Space Recreation
Overlays Nil
Assessment Type Impact
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RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 10 November 2015 regarding Application No. MCU15/0082 for a
Development Permit for Material Change of Use for Wellbeing - Type 2 Social (Genealogical &
Historical Group Premises) situated at 17 Emerald Street, Cooroy and approve the application in
accordance with the following conditions:
When Conditions Must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior
to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Roof Plan 30.03.2015
- - Site Plan 30.03.2015
- - Research Layout Plan 30.03.2015
- - Building Elevations [East & West] 30.03.2015
- - Building Elevations [South & North] 30.03.2015
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 7am to 9pm.
4. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Building Appearance
5. All air conditioning units or other mechanical equipment must be located at ground level, or
otherwise fully enclosed or screened such that they are not visible from the street frontages
or adjoining properties.
Street Identification
6. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate, the
building name.
Signage
7. Building signage shall generally accord with that indicated on the approved front building
elevation plan, unless otherwise approved in writing by Council.
Landscaping
8. The development site must be landscaped in accordance with The Noosa Plan and
Planning Scheme Policy PSP3 – Landscaping Plants & Guidelines.
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Water & Sewer Connections
9. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
10. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
REPORT
1. PROPOSAL
The application seeks approval for a Material Change of Use for a Wellbeing Use - Type 2 Social
to establish a new Cooroy-Noosa Genealogical & Historical Group Inc. building on a small parcel
of land adjacent to existing community facilities at Emerald Street, Cooroy.
The applicant advises the Group formed in 1996 with the aim of “collecting, promoting and
encouraging the study of genealogy, heritage and local history”. The Group has operated from
shared leased premises and the growth of their membership and facilities requires them to
establish their own premises. The proposed new building is a single-storey rendered and
weatherboard building with a gross floor area of 184m2. Figure 1 below shows architect’s
perspectives of the front of the building and Figure 2 shows the floor plan.
Figure 1 – Architectural Perscpectives
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Figure 2 – Proposed Floor Plan
The building will occupy the majority of a proposed future 300m2 lease area and no on-site
parking is proposed. The applicant proposes to utilise existing parking capacity within the
adjacent Emerald Street public carpark to the west. The application includes letters of support
from adjacent existing community uses, being: the Cooroy Badminton Club; Cooroy Community
Gardens; and Noosa State Emergency Service Group. The letters indicate these groups have
been consulted about the new development and the proposed use of the shared public carpark
they utilise.
The application is before Council because the development is proposed without on-site
carparking.
2. SITE DETAILS
2.1. Background
Under the Sunshine Coast Regional Council (SCRC), a Community Development Officer
undertook investigations for land suitable to locate the Cooroy Genealogy Group between March
and June 2013, in partnership with SCRC Property and Land Management. Emerald Street was
determined to be the preferred site and internal SCRC consultation was undertaken in June –
July 2013.
A “Permanent Road Closure” application was lodged with the Department of Natural Resources
and Mines December 2014 and finalised in February 2015.
Currently an Agreement to Lease is being negotiated, pending approval of this application.
2.2. Site Description
The site comprises a 300m2 (30m x 10m) allotment created via a recent road closure indicated in
the registered plan extract in Figure 3 below. The site location is at the western end of Emerald
Street adjacent to the large lot containing the Cooroy Badminton Club, Noosa SES, Community
Garden and public carpark, shown in Figure 4. Figure 5 shows a photograph of the site looking
west toward the adjacent SES building.
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Figure 3 – Registered Plan Extract Showing 300m2 Site
Figure 4 – Locality Plan
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Figure 5 – Site Photograph Looking West Toward SES Building
The site is vacant and flat, with the land falling away moderately to the north beyond the northern
boundary toward Six Mile Creek.
2.3. Surrounding Land Uses
Residential dwellings are adjacent to the south, southeast and east. The Noosa SES building is
directly adjacent to the west. The Cooroy Badminton Club building and Cooroy community
gardens are to the southwest.
The Cooroy IGA supermarket is to the east along Emerald Street, with that street containing a
mix of residential and commercial premises.
Further sporting and community uses are located across Six Mile Creek to the north and west,
including a scout hall, tennis club, gymnastics club, and cricket and football clubs/fields.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
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3.2. State and Other Statutory Instruments
State Planning Policies
The proposal is consistent with the State Planning Policy and does not trigger further assessment
against the Interim Development Assessment requirements.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan and is consistent
with the Plan’s regional policies and Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Cooroy & Lake Macdonald Locality. Because the site was previously
road reserve it is unzoned, however, Section 2.10.1 of The Noosa Plan states the land takes on
the zoning of the adjoining Open Space Recreation zoned land. The proposed use is identified
as a consistent use within the zone and is required to follow an impact assessable application
process.
Locality Provisions
The Cooroy & Lake Macdonald Locality Code seeks to ensure that new uses avoid adverse
impacts on existing residents and uses in the area. The proposed development is considered
low-impact and can be conditioned to address issues such as spill light and noise generation.
The use will introduce additional traffic movements within Emerald Street but these are in line
with reasonable expectations for the use of the adjacent existing public carpark and the
developed nature of Emerald Street. The additional vehicle movements will not create any
significant adverse impacts on residents in the area and is considered acceptable.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Community Uses Code
Landscaping Code
Driveways & Carparking Code
The application has been assessed against each of the above applicable codes and can broadly
comply with each, subject to conditions, with the exception of parking provision discussed below.
Car Parking
The building triggers a requirement for 9 on-site parking spaces under the provisions of the
Driveways and Carparking Code. The application does not propose any car spaces within the
300m2 site area. Instead, it seeks to utilise the adjacent existing public carpark to the west. The
applicant submits:
The use of the property is intermittent with weekly meetings held and other irregular research and
information meetings. It is considered the adjacent car park provides car parking for the
development, as it appears surplus to the current parking demand in Cooroy. The Group has
carried out an audit of the parking availability in the local area between March 17th and April 18th
2015; in particular the car park between the SES and Badminton buildings. The results of the
audit [is submitted with the application material]. The audit shows:
Maximum number of car spaces [i.e. total available in area] 75
Maximum parking spaces in use 39 cars + 1 motorcycle
Average number of spaces in use 28
In conclusion, it appears there is sufficient available car parking in the local area with an average
of 47 spaces available during the survey.
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The applicant’s submission regarding the availability of parking is collaborated by the letters of
support provided from the adjacent existing community uses. Seven aerial photographs of the
carpark over recent years all also indicate low occupancy rates and this has also been the
observation of staff when visiting the site. The proposed not-for-profit community use of the
existing public carpark aligns with the community use intent for the carpark and is supported in
this instance.
4. CONSULTATION
4.1. IDAS Referral Agencies
Not applicable.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 25 properly made submissions were received, comprising 24 letters of
support and 1 objection. Letters of support appear to be predominantly from members or
associates of the Group and highlight the important community work it undertakes and the
current unsatisfactory state of its premises. These issues raised in the objection are detailed
below.
Objection Issues Comments
Land was not identified in the town plan for The 300m2 site was road reserve and has been
development. permanently closed to facilitate its community use
similar to the adjacent cluster of community uses
to the west.
Open space within Cooroy is rapidly Cooroy has significant areas of community open
disappearing. space and the small road closure does not
significantly impact on these.
Car parking in the area is at a premium. This does not appear to be the case for the public
parking to the west, which has been observed to
normally have low occupancy. It is considered the
parking demands of the development can easily
be accommodated in that area.
The road is too narrow to handle the The effective road width remains unchanged.
current traffic on it, with trucks already There is to be no change in the road formation
having to U-turn in the area. width and the development maintains the building
line established by the adjacent SES building.
5. CONCLUSION
The proposed Cooroy Genealogy Group building is a consistent community use on the site. It will
be relatively low impact and in keeping with the developed character of the existing cluster of
adjacent community uses. The development proposes to utilise existing parking capacity within
the public carpark immediately to the west. Parking demand created by the Group should be
readily accommodated and its use is considered to align with the community use intent for that
carpark. The offsite parking proposal is therefore supported in this instance and the application
recommended for approval, subject to conditions.
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Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support X Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
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