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Proposal · MCU12/0012
Attached to the e-mail MCU12/0012 Notice of Submission - Paul & Michelle Schofield.
18 March 2012 Mr & Mrs PB Schofield
37 Brewers Road
COORAN QLD 4569
Attention
Marcus Brennan
Development Planner
Sunshine Coast Regional Council
Re Development Application for Charles James Marais for Material Change of Use
Business Class 3 for 298 Tablelands Road COORAN.
Dear Sir
We are writing to you, to formally lodge our objection to the Development Application set out in
MCU12/2012 for a Material Change of Use - Business Class 3 for 298 Tablelands Rd Cooran.
1. Proposal
The applicant has stated the tours are aimed at educating and increasing the awareness of the natural
fauna and flora of the area, but he has failed to mention any experience, expertise or qualifications that
he may hold in this area (I.e. Botanical or guiding and tourism certificates.) Will council seek supporting
evidence to quantify the applicant’s claims? Or is this are these claims by the applicant a clever disguise
to the real nature of his business, which is a quad bike ride and a swim at the rock pools. The applicant
also claims that this will be a home based business if this is true then why does this application
contradict the requirements for a home based business under council guidelines. Noosa Plan HBB3
requirements regarding the Application and MCU, note that a home based business can only occupy 300
sq m of land and have no more than 6 people. This business is applying for 10 customers plus 3 staff.
That is 7 more people than permitted under a home based business and also occupies more than 300sq
m of land.
2. Location
Approval of this material change of use basically mean that their are residents and the recreational uses
of the Noosa Trail Network that will be within 5 meters of these off road vehicles as they traverse to
and from their destination, four times per day 7 days a week 360 days a year. The applicant claims that
noise levels won’t be above 35 decibels at property boundaries but has not shown any factual
information on this issue. Basic research has found that these so called “farm quads” produce around 65
to 85 decibels measured at 5 meters from the exhaust pipe which is around the same distance that
other uses of the Woondum National Park and Tablelands Road which includes Noosa Trail 3 will be
exposed to. The applicant also fails to mention what efforts he will be making to reduce dust produced
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from these quad bikes as these have four wheels which are of a small circumference and have to spin twice revolutions as a car tyre to cover the same distance. Can he guarantee that this property won’t become a dust bowl like many quad riding areas. 3. Mary River Catchment Stated in the application the applicant claims their will be no negative impact on the catchment area. What studies has the applicant provided to validate his claims. 4. Transport and Vehicle traffic Both bus and train times tables for Cooran don’t correspond with the applicant time table for his tours and therefore we believe public transport will be a last resort and problematic. Courtesy buses seem like a good idea but as other business in this area have found them not feasible due to the high cost and small demand, and people will always revert back to using private transport causing typical traffic issues when business are operated from the home environment. 5. Driveway and Parking The applicants have not mentioned how steep the driveway access is. Upon inspection one will find that it is of a grade that would require sealing to prevent erosion and ensure driver and vehicle safety when entering and exiting the property. I believe a hired toilet will be used on the property which will mean a effluent disposal truck will also need to be using this steep gravel driveway a least once a week for the entire term of the hire. 6. Noise Impact The applicant mentions these quad bikes are the latest technology and designed to be as quite as possible. The applicant has stated that these quad bikes will only produce 30dBA at 1500 reves. I challenge that this is completely false; these bikes do not comply with Australian Design Rules Regulations including noise and emissions. How can the applicant substantiate these claims when he has failed to mention the make, model and the size of the quads? Farm quads produce 85 to 115 decibels measured at 5 meters from the exhaust. I am confident in my claims to noise produced from these machines as I have over 30 years of mechanical experience in the motorcycle industry. He also states maximum speed of 30 kph. The permit obtained say’s 40kph. Which one is it? Mechanical throttle controls are not accurate in maintaining as set speed and can also be tampered with at any time with the aid of a screwdriver. He also states that the proposed tour route is frequented by trail bikes that are far noisier. This too is a fallacy. In over ten years of frequenting the park and living adjacent to the trail network the few trail bikes that I have seen over the years have carried full registration and therefore comply with current vehicle design and safety standards including noise and emissions. These quad bikes do not comply with any known Australian standard. I am therefore requesting that in the consideration of this application, council should enforce mandatory six monthly vehicle safety checks, by suitably qualified Technicians. I also find it hard to comprehend how the applicant can assess the riding skill of a client in 10 minutes, when the Queensland Government is currently running a campaign on farm quad safety as injuries and accidents continue to rise at an alarming rate. The applicant has not mentioned if these quad bikes will
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be fitted with a Roll Over Protection Bar or a Dead Man Kill Switch as is the requirement in many other countries. He say’s his staff will attend a manufactures riding school. This is good, but demonstrates that staff have no expertise in quad bike operation and therefore would be unable to competently assess other riders, increasing the likely hood of claims from potential accidents falling back on to the council and ultimately costing the rate payer. 7. Waste Management and Pollution Applicant mentions that all servicing and oil change will take place off the property at a service centre but has failed to mention what the procedures will be for break down and running repairs. Will these vehicles be RACQ members? The applicant has also failed to mention what service centre he will be using. Is this because the applicant has submitted the application with the intent to carry out repairs himself? How will this monitored? Also there is no mention or description of wash down facilities for these quad bikes. Will he be transporting the bikes off site to the nearest car wash? These issues have not been addressed adequately by the applicant. 8. Sewer and Water The applicant has stated that he will provide an on site portable toilet but has failed to mentioned how he intends to cater to the needs of the disabled persons. Our research would indicate that chemical toilets will need to be pumped out on weekly basis thus increasing traffic to this area. 9. Soil Erosion and Stormwater The applicant has suggested that the proposed Quad bike tours will have no impact with regards to soil erosion and stormwater run off. Where in this application is there proof of this? The applicant has provided no documentation regarding soil erosion caused by quad bike activities. Furthermore basic research on the internet will demonstrate that where quad bike activity is encouraged, illegal uses will magnetise to an area. The applicant also has stated the quad bikes have the lowest footprint and as such will create no soil erosion or damage. If this is a valid claim then why have the Department of Environmental and Resource Management imposed wet weather restrictions on the applicant’s approval? Who will be responsible for monitoring the rainfall in this area to enforce this requirement? 10. Fire Prevention and Control The applicant seems to have carried out his own fire risk management assessment. Is Cooran local fire fighting authority aware of this applicant’s fire management plan? Will the council seek the expertise of the local fire authority with regards to the steep terrain and escape routes mentioned by the applicant. The applicant has mentioned that the rainfall in this area is very high and as such the vegetation is rated low combustible but he has failed to mention that the property is situated in a deep and steep gully. The applicant has also failed to mention a fire assembly area in his plan. 11. Signage The applicant has does not have an evacuation assembly area for staff and clients in his plans.
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12. Safety from Crime and Insurance No provision of a proper risk assessment and management has been outlined for these tours nor provided in this application for any stage of the tours. For example in case of injuries, accidents, disputes, collisions, flipping, fatalities, fire, flooding, landslide, contamination...etc The applicant states that he will be using a Kawasaki Mule side by side off Road vehicle which comes fitted with a roll over protection safety bar. The quad bikes as stated earlier do not have this bar fitted increasing the chances of injury or death when an accident occurs. Will council seek to have these bars fitted while traversing the property or will council simply wait until the strength of the applicants indemnity is tested in a court of law. We would ask that council seriously consider the abovementioned facts when taking into account the merit of this application and the impact upon residents and uses of the Noosa Trail Network and surrounding areas. We would like council to acknowledge that the applicant has failed to complete the Material change of use assessable against a planning scheme-IDAS form 5, as the applicant has failed to answer questions 4 & 5 on this form, therefore this is not a properly made application. We have also noted that the area the applicant will be using his quads in takes in two council boundaries. The applicant has failed to mention if he has sought or will seeking approval from the Wide Bay Burnett Shire. Yours faithfully Paul Schofield Michelle Schofield
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