PLANNING & SUSTAINABILITY COMMITTEE 9 · Except where modified by these conditions of approval ......

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Agenda – Planning & Sustainability Committee – 12 September 2012 - #3710424

PLANNING & SUSTAINABILITY COMMITTEE

12 SEPTEMBER 2012 9

MATERIAL CHANGE OF USE (CODE ASSESSMENT) – PUBLIC UTILITIES AND FACILITIES (EXTENSION TO WASTE WATER TREATMENT PLANT) AND ENVIRONMENTALLY RELEVANT ACTIVITY 63 – SEWAGE TREATMENT– JUNCTION ROAD, MOSSMAN – DIVISION 10 Michelle Henderson : 8/7/2388: SEDA :#3465036 PROPOSAL: PUBLIC UTILITIES AND FACILITIES

(EXTENSION TO WASTE WATER TREATMENT PLANT) AND ENVIRONMENTALLY RELEVANT ACTIVITY 63 – SEWAGE TREATMENT

APPLICANT: CAIRNS REGIONAL COUNCIL C/- BT TOWN PLANNING CONSULTANCY PO BOX 820 EDGE HILL QLD 4870 LOCATION: JUNCTION ROAD, MOSSMAN PROPERTY: LOT 22 ON RP800895 AND PART JUNCTION

ROAD, MOSSMAN LOCALITY: MOSSMAN AND ENVIRONS PLANNING AREA: COMMUNITY & RECREATION FACILITIES PLANNING SCHEME: DOUGLAS SHIRE PLANNING SCHEME 2008 REFERRAL AGENCIES: DEPARTMENT OF ENVIRONMENT &

RESOURCE MANAGEMENT NUMBER OF SUBMITTERS: NOT APPLICABLE STATUTORY ASSESSMENT DEADLINE: 4 OCTOBER 2012 APPLICATION DATE: 23 JANUARY 2012 DIVISION: 10 APPENDIX: 1. APPROVED PLAN(S) & DOCUMENT(S) 2. CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS 3. SUPPORTING INFORMATION TO PLANNING REPORT

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LOCALITY PLAN

RECOMMENDATION: That Council approve the Code Assessable Material Change of Use application for Public Utilities and Facilities (Extension to Waste Water Treatment Plant) and ERA 63 Sewage Treatment over land described as Lot 22 on RP800895 and located at Junction Road, Mossman, subject to the following: APPROVED DRAWING(S) AND/OR DOCUMENT(S) The term ‘approved drawing(s) and/or document(s)’ or other similar expression means:

Drawing or Document Reference Date Site Plan Plan ref no 660244-1 Rev B

prepared by Cairns Water & Waste (Council ref no 3465036)

15 March 2012

Aerial Image with Site Plan Plan ref no 660244-2 Rev B prepared by Cairns Water & Waste (Council ref no 3465036)

15 March 2012

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Assessment Manager Conditions 1. Carry out the approved development generally in accordance with the

approved drawing(s) and/or document(s), and in accordance with:- a. The specifications, facts and circumstances as set out in the

application submitted to Council; b. The following conditions of approval and the requirements of Council’s

Planning Scheme and the FNQROC Development Manual. Except where modified by these conditions of approval Timing of Effect 2. The conditions of the Development Permit must be effected prior to

Commencement of Use, except where specified otherwise in these conditions of approval.

Vehicle Parking 3. The amount of vehicle parking must be as specified in Council's Planning

Scheme which is a minimum of four (4) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – off-street car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvring areas must be imperviously sealed, drained and line marked.

Lighting 4. All lighting installed upon the premises including car parking areas must

be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works 5. Undertake the following works external to the land:

a. Extension of the existing access road and apron in accordance with FNQROC Development Manual;

The external works outlined above constitute Operational Works. Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

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Stockpiling and Transportation of Fill Material 6. Soil used for filling or spoil from the excavation is not to be stockpiled in

locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays.

Storage of Machinery and Plant 7. The storage of any machinery, material and vehicles must not cause a

nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Landscaping Plan 8. The site must be landscaped in accordance with details included on a

Landscaping Plan in accordance with Planning Scheme Policy No. 7 – Landscaping. The Landscaping Plan must show:

a. Continuation of the existing mounding such that mounding extends

along the entire common boundary between Lot 21 and Lot 22 on RP800895. The mounding is to be revegetated per item B below;

b. Deep planting of setback areas with native/endemic species, with

particular emphasis on screening of the front boundary adjoining Junction Road and entire boundary adjacent to Lot 21 on RP800895;

c. Revegetation of the vegetation buffer as indicated on Site Plan ref no

60244-1 Rev B dated 15 March 2012 insofar as it is practical; d. Utilisation of appropriate species with regard to any site constraints;

e.g. avoiding plants with invasive root systems in close proximity to the designated development area.

e. Inclusion of any other relevant conditions included in this Development

Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be

endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to Commencement of Use. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

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Vegetation Clearing 9. Existing vegetation on the subject land must be retained in all areas except

those affected by the construction of buildings, structures, roadworks and access driveways, and the installation of services as detailed on the approved plans as stated in Condition 1. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Wildlife 10. Prior to removal of any tree, an inspection must be carried out for any signs

of protected wildlife including nests and animal habitat. Should any recent wildlife activity be identified, removal of the tree must not occur until the animal has vacated the area of immediate danger. If the animal does not move from the area of danger, the Queensland Parks and Wildlife Services must be contacted for advice. Important habitat trees should be retained wherever possible.

Notification of Vegetation Clearing 11. Council’s Development Assessment Branch must be notified two (2)

business days prior to the proposed date of commencement of any approved vegetation clearing.

Weed Management 12. The site is known to contain invasive and / or declared weed species. All

works must be undertaken in a manner which does not spread these species off site. Vehicles and machinery are to be washed down effectively before leaving the site. Identified weed species must be eradicated from the site over time. For assistance with eradication methods visit the Queensland Biosecurity website on www.dpi.qld.gov.au.

Existing Creek and Drainage Systems 13. All existing creek systems and drainage areas must be left in their current

state, including no channel alterations and no removal of vegetation unless consented to in writing by the Chief Executive Officer.

The applicant / owner must obtain any necessary approvals from the

Department of Environment and Heritage Protection for carrying out works in a watercourse.

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Lawful Point of Discharge 14. All stormwater from the property must be directed to a lawful point of

discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control 15. Soil and water management measures must be installed / implemented prior

to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Ponding and/or Concentration of Stormwater 16. The proposed development is not to create ponding nuisances and/or

concentration of stormwater flows to adjoining properties. LAND USE DEFINITIONS In accordance with the Douglas Shire Planning Scheme the approved land use of Public Utilities and Facilities is defined as: Means the use of premises for the provision of public facilities and services such as water, sewerage, electricity, gas, telecommunications, transport, drainage and refuse collection and disposal by Local Government or State Government. The use includes emergency services such as: ambulance; fire (urban or rural); police services; and State Emergency Services. CONCURRENCE AGENCY CONDITIONS AND REQUIREMENTS Concurrency Agency Concurrence Agency

Reference Date Council Electronic

Reference DERM (now the Department of Environment and Heritage Protection)

Response ref no 242185 EHP Permit number SPCE04074112 DERM Permit number SPAR04074212

7 Aug 2012 3679939

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

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FURTHER ADVICE 1. This approval, granted under the provisions of the Sustainable Planning Act

2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of section 339 of the Sustainable Planning Act 2009.

2. All building site managers must take all action necessary to ensure building

materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other

relevant Local Laws and other statutory requirements. 4. The taking of water, or interfering with water from streams or groundwater

sources will require a permit administered under the Water Act 2000 and issued by the regional office of the Department of Natural Resources and Mines. Further information can be obtained from the Department of Natural Resources and Mines on 1300 130 372 or at www.dnrm.qld.gov.au.

5. For information relating to the Sustainable Planning Act 2009 log on to

www.dsip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

EXECUTIVE SUMMARY: Council is in receipt of a Code Assessable Development Application seeking a Development Permit for a Material Change of Use for Public Utilities and Facilities (Expansion of Existing Waste Water Treatment Plant) and Environmentally Relevant Activity 63 – Sewage Treatment, on land located at Junction Road, Mossman, described as Lot 22 on RP800895. The proposed upgrade to the Mossman Wastewater Treatment Plant is generally compliant with the relevant 2008 Douglas Shire Planning Scheme Codes and approval is recommended subject to conditions. PLANNING CONSIDERATIONS: Proposal The application seeks approval of a Code Assessable Material Change of Use application for Public Utilities and Facilities (Expansion of Existing Waste Water Treatment Plant) and Environmentally Relevant Activity 63 – Sewage Treatment, on land located at Junction Road, Mossman, described as Lot 22 on RP800895. The land is located in the Mossman and Environs Locality and the Community and Recreational Facilities Planning Area Code.

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The proposed development will provide essential infrastructure necessary to provide proper treatment for and allow the subsequent sewering of the nearby beach communities. The proposed development is also a fundamental step toward satisfying the Department’s request for the surrounding beach communities to be provided with an operational sewerage system by 2017. The proposal will utilise the existing outlet within the limits of existing approvals, licenses and resource entitlements, and no further works are required to the outlet in order to allow the development to proceed and operate as proposed. The existing wastewater treatment plant is currently located in road reserve, and this proposal will result in the relocation of the plant out of Council’s road reserve, thereby ensuring dedicated access is retained to the three parcels to the north, being Lots 165-167 on N157119. Typically the facility will be attended by 2 to 3 staff, with additional specialist operations personnel attending the site from time to time. The treatment process runs 24 hours a day but it is anticipated that in general the plant will not be staffed 24 hours. The applicant indicates that in the main only authorised staff will be visiting the site, and that it is unlikely there will be any need for regular public access to the facility. The proposed development will retain existing vegetation wherever possible, with the intent of maintaining existing visual screening to the adjoining Lot 21 and Junction Road. Further, the applicant commits to maintaining and/or, if deemed necessary by Council, re-establishing and re-vegetating the corridor in accordance with conditions of approval. Access to the site is via Junction Road, and carparking and setbacks comply with the relevant Acceptable Solutions. Douglas Shire Planning Scheme Assessment

Douglas ShireMossman and Environs Planning Locality

Code Applicability

Compliance

Locality Mossman and Environs Locality Code Complies, see comment

Planning Area Community and Recreational Facilities Planning Area Code

Complies, see comment

Overlay Codes Acid Sulfate Soils Code Complies, see comment Cultural Heritage and Valuable Sites Code - Natural Hazards Code -

General Codes

Design and Siting of Advertising Devices Code - Filling and Excavation Code Complies – see comment Landscaping Code Complies – see comment Natural Areas and Scenic Amenity Code Complies – see comment Reconfiguring a Lot Code - Vehicle Parking and Access Code Complies Sustainable Development Code Complies

Compliance Issues Mossman and Environs Locality Code Performance Criteria P18 states that development is not to adversely impact on Scenic Amenity, natural vegetation or watercourses, in particular the Mossman River, the South Mossman River, Parker Creek and Marrs Creek. The applicant indicates that the proposed development will utilise the existing outlet within the limits of existing approvals, licences and resource entitlements.

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While the proposed development will result in a minimal amount of damage to existing vegetation, the approval is conditioned to require re-vegetation of the riparian corridor along the Mossman River with species endemic to the local area in accordance with Planning Scheme Policy No. 7 – Landscaping. Community and Recreational Facilities Planning Area Code Performance Criteria P5 states that night lighting of playing fields and club facilities do not adversely affect the amenity of adjacent areas or uses. While the proposed use is not a playing field or a club, the treatment process is a 24 hour operation, necessitating some form of lighting and the potential for activity on the site at night. In addition, there is an existing House located in close proximity to the subject site, raising the potential for adverse impacts on the amenity of adjacent residential uses. As such, a condition of approval is included to minimise the impacts of lighting on adjoining sites. Acid Sulfate Soils Overlay Code A geotechnical assessment and analysis of potential acid sulfate soils (ASS) investigation was completed and submitted to Council as part of the application’s supporting documentation. A summary of the findings identifies that the presence of ASS is likely and recommends that if soil is to be excavated additional controls will be required to appropriately manage this risk. It is noted that conditions pertaining to the Environmentally Relevant Activity (ERA 63) issued by the Department of Environment and Resource Management include a number of comprehensive conditions pertaining to the management of Acid Sulfate Soils. Conditions imposed by DERM are considered to ensure compliance with the Code. Any additional conditions imposed by Council would likely constitute a double up of conditions, and could potentially result in conflicting conditions of approval. DERM conditions of approval are attached at Appendix 2. Filling and Excavation General Code The purpose of the Filling and Excavation General Code is to ensure filling and excavation do not affect visual/scenic amenity values, cause flooding and drainage problems, impact adversely upon the environment, cause land instability or adversely impact upon utility services. Although the site is comprised of relatively level land, it adjoins the Mossman River. As such, the approval is conditioned to ensure filling and excavation on the site will not create a detrimental impact in terms of slope stability, erosion potential and visual amenity, and that filling/excavation will not result in detrimental impacts upon the site or nearby land. Performance Criteria P4 states that filling and excavation are not to result in a reduction of the water quality of receiving waters. It is noted that a number of conditions imposed by DERM as Concurrence Agency (attached at Appendix 2) deal with release to surface waters, monitoring of release to waters and the requirement for the development and implementation of a Receiving Environmental Monitoring Program (REMP). It is considered that the conditions imposed by DERM will ensure compliance with Performance Criteria P4, therefore, no further conditions are required in this instance.

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Landscaping/Natural Areas and Scenic Amenity General Codes The supporting information provided with the application did not include a detailed landscaping plan; however the applicant has noted that the proposal is capable with complying with the requirements of the Planning Scheme subject to the imposition of conditions. Landscaping requirements include provision of dense planting along all site boundary setback areas for a minimum distance of 2 metres (Planning Area Code). In order to comply with the requirements of the applicable codes, Landscaping is to be consistent with the existing landscape character of the area, with native vegetation existing on the site to be retained wherever possible and integrated with new landscaping. As noted by the applicant, there are a number of acceptable solutions within the Natural Areas and Scenic Amenity Code that require the planting of trees. The applicant has requested a relaxation with regard to planting of trees as the site will be traversed by a number of pipes and other services due to the nature of the proposed development, citing that there is the potential for tree roots to create on-going and costly maintenance requirements and/or could cause disruption to the subject services throughout the life of the development. It is considered critical that the setback areas and particularly the riparian corridor adjacent to the Mossman River are maintained and re-established with endemic species to ensure the protection of natural and environmental values of areas of remnant vegetation and watercourses. That said, it is also important that the location and type of plant species does not adversely impact on the operation of the site and delivery of services. The approval is conditioned to require landscaping of setback areas and the area to be re-vegetated adjacent to the Mossman River, with the condition requiring utilisation of appropriate species with regard to any site constraints; e.g. avoiding plants with invasive root systems in close proximity to the designated development area. It is noted that infestations of weed species such as Singapore Daisy (Sphagneticola trilobata) are present on the site. The approval is conditioned to stop the spread of weed species from the site, and eradication of the weed species on the site over time. INFRASTRUCTURE CHARGES: The proposed development does not trigger Developer’s Infrastructure Charges. REFERRAL AGENCY COMMENT: The Department of Environment and Resource Management (DERM) was triggered as a Concurrence Agency due to the proposed development triggering the requirement for an Environmentally Relevant Activity 63 – Sewage Treatment. DERM was also triggered as an Advice Agency per the site’s location within 100m of a mapped Referable Wetland. Referral Agency conditions/comments are attached at Appendix 2.

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(Note: following recent Machinery of Government changes, the Sustainable Planning Act 2009 jurisdictions previously administered by the former Department of Environment and Resource Management have been transferred to four new departments. While both triggers relevant to this application have been administered by the Department of Environment and Heritage Protection, under transitional arrangements, the application was assessed by the former DERM.) Michelle Henderson Planning Officer Action Officer Neil Beck A/Manager Development Assessment

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APPENDIX 1 APPROVED PLAN(S) & DOCUMENT(S)

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APPENDIX 2 CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

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APPENDIX 3 SUPPORTING INFORMATION TO PLANNING REPORT Standard Drawing S1015 – Cross Over

PLANNING & SUSTAINABILITY COMMITTEE 9 · Except where modified by these conditions of approval ......

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