Information Request 132005.638.03

Officer: 	Samuel Osakwe
Direct Telephone: 	07 53296316
Our Reference:	132005.638.03 132005.638
Your Reference:	n/a
23 November 2023
Noosa Shire Council
C/- Adamson Town Planning Pty Ltd
PO Box 894
COOROY  QLD  4563
[email protected]
Dear Sir/Madam
Information Request
Planning Act 2016
I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No.	132005.638.03 132005.638
Street Address:	Eumundi Land Fill 561 Eumundi Noosa Rd Doonan Qld 4562
Real Property Description:	Lot 77 SP 177938, Lot 77 SP 298776
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
INFORMATION REQUIRED
The information requested is set out below:
Issue – Land Use – Utility Installation (Waste Landfill and Resource Recovery Centre)
Performance Outcome PO5 of the Community Facilities zone code requires that Uses are of a type, scale and intensity consistent with community needs, locational characteristics and supporting infrastructure.
The applicant’s town planning report acknowledges an increase in scale of the waste disposal and recycling facility but states that there will be no increase in the intensity of the land use and no significant increase in traffic impacts.   The applicant’s planning report however notes that, in terms of community need, “with the region [sic] growing, so is the volume of waste being produced. Expansion of the RRA is critical to provide sufficient space for Council to meet waste deferral expectations”.
Whilst the applicant states that the proposal will not result in intensification of the use, there is a concern that the expansion of the RRA will result in intensification due to operational efficiencies achieved by the changed layout and to meet future waste production needs due to population growth.
Any increase in intensity of the site’s operations has potential to result in other onsite impacts (i.e., traffic and parking) that need to be considered as part of the proposed change to the development approval.
There are no mechanisms or quantitative benchmarks within the MCU development approval that define the existing scale and intensity of the use.  This makes difficult to objectively determine any increase in scale or intensity of the subject use now or in the future.
In order to assess the proposal compliance with the PO5 of the Community facilities zone code, further information is required about the estimated amounts of recoverable material entering and being processed as part of the RRA recovery area. Further information is also required to regarding existing staffing numbers required to operate the facility and whether the expansion of the RRA will involve additional staff or visitation by the public.
Information Required
Provide additional information which demonstrates the existing quantities of resource recovery waste entering the site in terms of overall waste in volumes and a breakdown of the types and volumes of waste received.
Provide additional information which includes the estimated volumes that the resource recovery area is expected to be received as a consequence of the revised layout and improved operational efficiencies of the expanded Resource Recovery Area.
Provide an overview of the current staff numbers associated with the current land use and anticipated staff numbers and visitation by the public, as result of the proposed change to the development approval, including any potential increases to the reviva retail centre and recoverables area.

Issue – Landfill master plan
The submitted master plan includes existing components of the use which are proposed to be removed because of the change to the development approval i.e., the existing vegetation and HES basin.  Removing these elements will assist in providing a more legible master plan for endorsement purposes.  It is also considered that the existing use areas (Cleanaway depot, staff car parking and reviva recovery shop, container collection, public and staff car park areas and weight bridge) should be clearly identified on the plan, as they form part of the overall use.
Information Required
Provide an updated landfill master plan that:
Removes reference to existing components of the use that are proposed to be removed because of the change application;
Clearly nominates the proposed indicative HES basin area;
Clearly identifies the new resource recovery pad area;
Identifies the revised RRA use areas;
Identifies the existing use areas such as the Cleanaway depot, staff carpark, reviva recovery shop, recoverables area, public and staff car park and public weighbridge (including any amendments to these areas as result of this change); and
Clearly identifies the location of all vehicle access, manoeuvring areas and carparks associated with the use.

Issue – Traffic and parking
As mentioned above, it is considered that the proposed change to the development approval is likely to result in an increase in the scale and intensity of the subject use, in particular due to increased demand as a result of population growth and improved operational efficiencies provided by the expansion.
The application has not provided any traffic assessment to demonstrate that traffic impacts and parking demand as a consequence of the proposed change to the development approval will be acceptable.
The Driveway and Parking code identifies that specific uses which have the potential to generate significant traffic are expected to provide sufficient on-site parking and manoeuvring and considers transport and land use issues.  These matters are identified in performance outcomes PO6 and PO16 of the Driveway and parking code which provide:
PO6
Sufficient parking
is provided having regard to the specifics of the use including—
the type and intensity of land use;
any existing parking available on the site;
hours of operation;
likely numbers of users;
accessibility to the site by means other than private motor vehicle;
the peak parking demand periods of uses on the site; and
the availability of alternative car parking; and
is provided to accommodate the number and type of vehicles and motorcycles likely to be generated by the development.
PO16
Development with the potential to generate significant traffic and parking impacts gives appropriate consideration to transport and land use issues
Information Required
Provide a traffic assessment which demonstrates how PO6 and PO16 can be achieved. In particular, the traffic assessment should demonstrate that the proposal has sufficient car parking to accommodate the public and staff parking demand for the development.

ENVIRONMENT AND ECOLOGY
Issue – Mines
Koala
Native Foresters have undertaken a Significance of Impact assessment for the MNES koala and determined that no significant impact will arise, primarily because less than 2ha of clearing impact is proposed. They acknowledge a local koala population and that koalas may move through the local vegetation including the subject site.
Although SARA has confirmed that the proposed development constitutes exempted development as defined under exempted development item (d) Schedule 24 of the Planning Regulation 2017 and there is no trigger for assessment against the SDAP State Code 25, the development may be captured under the State Government’s Supported Infrastructure Koala Conservation Policy 2017. Further information is required from the applicant to confirm whether this policy applies to the development, and if so, an assessment of the application against the policy is required.
Threatened Ecological Communities
The subject paperbark wetland vegetation and the adjoining paperbark wetland vegetation to the north likely conforms to the definition of the Environmental Protection and Biodiversity Conversation Act (EPBC Act) Endangered Threatened Ecological Community (TEC) Coastal Swamp Sclerophyll Forest of NSW and SEQ. This matter has not been addressed in the application material and requires a TEC Validation Assessment and, if validated, determination of whether the impact generates a significant impact that warrants referral to DEEWCC for assessment against the EPBC Act. Whilst the EPBC Act matter sits outside of the Planning Regulation, it is appropriate that the applicant addresses the potential for MNES Coastal Swamp Sclerophyll Forest to be present.
Information Required
Provide a more detailed assessment against the Noosa Plan Biodiversity Waterways and Wetlands Overlay Code, with responses that clearly demonstrate how compliance with PO1, 3, 6, 9, 10, 11 & 12 is achieved, as required by the following information request items.
Provide further information which confirms whether the State Government’s Supported Infrastructure Koala Conservation Policy 2017 applies to the development, and if so, complete an assessment of the application against the policy.
Confirm whether the paperbark wetland in the subject site qualifies as the EPBC Act Endangered Threatened Ecological Community (TEC) Coastal Swamp Sclerophyll Forest of NSW and SEQ. If validated, confirm whether the impact generates a significant impact that warrants referral to DEEWCC for assessment against the EPBC Act.

Issue – Ecologically important areas
PO1 of the Biodiversity, waterways and wetland code requires development to be sited and designed to protect the physical and ecological integrity and biodiversity of ecologically important areas through protection of: (a) existing habitat areas and ecological linkages and (b) existing riparian vegetation, waterways and wetland habitat values.
The applicant’s planning report (p27) indicates that the removal of vegetation cannot be avoided, and alternative sites were considered by the associated MNES & MSES Significant Impact Assessment, p 16, submitted as part of the application material.  That report states that alternative sites were considered within Lot 77 but resulted in no suitable alternatives.
Whilst the application notes that the proposal involves a comparatively small area of impact compared to the overall extent of vegetation in Lot 77, the applicant has not adequately demonstrated how compliance with PO1 will be achieved. Further information is therefore required to demonstrate that a comprehensive assessment of alternative sites or alterative design options which protect the ecologically important area. For example, has relocation of the new HES basin to avoid or minimise impact on the ecologically important area been considered.
Further information is also required to demonstrate that there will be no long term net loss of Ecologically Important areas (EIA) (i.e. offset) and how adjacent EIA will be protected from development impacts.
Information Required
Provide an updated Impact Assessment Report for MNES and MSES and include assessment of the MNES Coastal Swamp Sclerophyll Forest of NSW and SEQ (if confirmed to be present) and MSES Glossy black Cockatoo, as potential food trees are present on the western edge of the clearing footprint and GBCs are known to frequent the general area.
Provide further information that demonstrates that the applicant has considered alternative sites or design options to protect the ecologically important area (EIA).
Demonstrate how the proposal will result in no long term net loss of EIA (i.e. offset) and how adjacent EIA will be protected from development impact.

Issue – Edge Effects
PO3(c) of the Biodiversity Waterways and Wetland Code requires that development incorporates siting and design measures to protect and retain ecological values and processes within or adjacent to the site. The current operation has resulted in substantial degradation of adjacent habitat-via weed incursion from storm water run-off and generally inadequate weed control program.
Information Required
Provide further information which demonstrates how siting and design measures will be incorporated to protect the adjacent Ecological Important Area from edge effect impacts from clearing and operational use.

Issue – Wetlands
PO6 of the Biodiversity Waterways and Wetlands code requires protection of the biodiversity and ecosystem values of waterways, wetlands and adjacent riparian zones. The Native Foresters 2023 report submitted with the application states that no Council mapped wetlands are impacted. However, the overlay maps are a trigger map for DA assessment, and once triggered, require assessment to have due regard to the conditions on a site.
The paperbark open forest meets the definition of a wetland under the Department of Environment and Resource Management (2011) Queensland Wetland Definition and Delineation Guideline, noting it is mapped as Palustrine Wetland under the QLD WetlandMaps mapping system administered by DES. It is therefore considered that the vegetation is a wetland for assessment purposes.

A MSES HEV wetland is also mapped immediately north of the site.

Information Required
Provide additional information to demonstrate how the proposal achieves PO6 of the Biodiversity, waterways and wetlands code regarding adjacent wetland protection and enhancement.

Issue – Hydrology and Groundwater
PO9 of the Biodiversity, waterways and wetlands code requires development to ensure that the natural surface water and ground water hydrologic regimes of waterways, wetlands and hydrologically sensitive plant communities are not adversely impacted.
The application material does not adequately address impacts to the natural surface water and ground water hydrologic regimes of the adjoining Palustrine wetland. In particular, the proposal does not address impacts to the wetland from excavation and filling, and nutrient laden waters from the HES basin and refuse.
Information Required
Provide an assessment of impacts to the natural surface water and ground water hydrologic regimes of the adjoining Palustrine wetland and identify mitigation measures to reduce impacts to an acceptable level. In particular, provide an assessment of impacts to the adjacent paperbark wetlands and Groundwater Dependent Ecosystems (GDEs) adjoining the northern boundary of the disturbance footprint as a result of hydrology changes that may arise from the proposed HES basin excavation and filling of the surrounding redevelopment footprint. To address impacts/potential impacts on groundwater and groundwater-dependent flora and fauna, further detailed investigations and ground-truthing assessments of the geology, lithology, groundwater resources and hydraulic connectivity within the landfill and immediate surrounds may be required. Where impacts are anticipated, identify suitable mitigation measures to reduce the impacts to an acceptable level.

Issue – Offsets and Weed Management
PO10 of the Biodiversity waterways and wetland code requires that ecologically important areas are restored and enhanced. The applicant's proposed works include implementation of a Weed Management Plan for Singapore Daisy and other weed species.  The reporting material does not define the conceptual area of treatment, which inherently influences the impact of mitigation measures relied upon to protect adjacent sensitive habitat from existing and new edge effects.
The proposed offset plan detailed in Section 5.1 of the applicant’s report proposes to rehabilitate an area to replace regional ecosystems removed.  Material provided with the application does not satisfactorily demonstrate that the offset area is topographically and hydrologically suitable to receive a like for like offset (i.e. paperbark wetland). It is noted that a drain has been excavated in the offset area which will assist to some degree.
Information Required
Provide a concept Weed Management Plan, which defines the area of weed control proposed to mitigate edge effects and existing weed infestations.
Demonstrate the proposed 1.8ha offset area is topographically and hydrologically suitable to receive a like for like paperbark wetland offset. Provide a Concept Offset Rehabilitation Plan that supports this.

Issue – Koala habitat
PO11 of the Biodiversity, waterways and wetlands code requires that development is designed, constructed and operated to, amongst other things, protect and enhance koala habitat and avoid adverse impacts. It is noted that the applicant proposes:
3:1 koala tree offset to clearing ratio for koala habitat trees for impact to 0.9ha of koala habitat set in a 1.8ha offset area
weed management of the site (extent undefined)
Erecting a fauna, dust and rubbish exclusion fence around the edge of the landfill to reduce impacts to adjacent vegetation and excluding access to the landfill areas for koalas and other fauna
Clearing works to be undertaken in a sequential manner from cleared edges towards retained vegetation to allow fauna to escape.
More details are required to allow assessment of the application.
Information Required
Provide a Concept Offset Rehabilitation Plan that demonstrates:
that the proposed 1.8ha offset area located in the south of the site is suitable to receive a compositional like for like offset to counter the impact to 1ha of paperbark wetland which accords with RE 12.3.5.
how the proposed 1.8ha offset receive area can accommodate a 3:1 ratio considering the high density of paperbarks in the impact area.
how the offset will be secured so that it persists in perpetuity.
Provide a Concept Fencing Plan which identifies the extent of fencing and general design specifications that will be used to mitigate the existing and likely future edge effects from the proposed landfill expansion (i.e. dust, rubbish, weed propagules)

Issue – Bushfire
PO12 of the Biodiversity, waterways and wetland code requires adoption of bushfire management measures based on ecological principles. The existing development approval includes a condition requiring the preparation of a Bushfire Management Plan (BMP). It is unknown whether this BMP was ever produced.  In any event, if it was produced the BMP would not be consistent with the latest hazard assessment methodology prescribed under the SPP 2019 Guidelines: Natural Hazards Risk and Resilience Bushfire2019 and the QFES Bushfire Resilience Communities 2019 document.
Information Required
Provide a new BHAMP in accordance with the SPP 2019 Guidelines: Natural Hazards Risk and Resilience Bushfire2019 and the QFES Bushfire Resilience Communities 2019 document.
due date for response to information request
The due date for providing the requested information is 23 February 2024. Email your response to [email protected]. Please advise Council of your response to this information request in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided not to respond to the information request and Council will continue with the assessment of your application.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours Faithfully

Sam Osakwe
Development Planner

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ABN 97.969.214.121	PO Box 141
			noosa.qld.gov.au	Tewantin QLD 4565
			[email protected]	07 5329 6500
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