IPSWICH

CITY

COUNCIL

 

 

AGENDA

 

 

of the

 

 

Growth and Infrastructure Committee

 

 

Held in the Council Chambers

2nd floor – Council Administration Building

45 Roderick Street

IPSWICH QLD 4305

 

 

On Tuesday, 3 December 2019

At 9.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Economic Development Committee.


 

MEMBERS OF THE Growth and Infrastructure Committee

Interim Administrator

Greg Chemello (Chairperson)

 

 


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

 

Growth and Infrastructure Committee AGENDA

9.30 am or within any period of time up to a maximum of 10 minutes after the conclusion of the Economic Development Committee, on Tuesday, 3 December 2019

Council Chambers

 

Item No.

Item Title

Page No.

1

Development application recommendation - Lot 73 Rhondda Road, New Chum - 2491/2018/MCU

8

2

Amendment to Framework for Development Applications and Related Activities Policy

77

3

Court Action Status Report

88

4

Exercise of Delegation

95

** Item includes confidential papers

 


Growth and Infrastructure Committee NO. 12

 

3 December 2019

 

AGENDA

 

 

1.             Development application recommendation - Lot 73 Rhondda Road, New Chum - 2491/2018/MCU

This is a report concerning an application seeking approval for a Material Change of Use -  Special Industry (Waste recycling and reprocessing – waste transfer station, crushing, milling or grinding), Caretakers Residence and Environmentally Relevant Activities (ERA33, ERA54(1) and ERA62(1)(a)) at Lot 73 Rhondda Road, New Chum. 

The subject application requires review by Committee and determination by Full Council in accordance with the Framework for Development Applications and Related Activities Policy as more than 20 properly made submissions objecting to the proposed development were received.

The Independent Decision Review Panel (IDRP) has been established to review development applications that are Sensitive Development Matters (as defined within the Framework for Development Applications and Related Activities Policy).  One example of a Sensitive Development Matter is a development application which receives 50 or more submissions objecting to the proposal during the public notification period.  Whilst this development application received 52 properly made submissions, it is noted that the majority of these were in relation to the co-generation waste to energy plant which was originally proposed by the applicant.  As a result of concerns raised by Council in an information request and also submissions received during the public notification period, the applicant chose to amend the development application to remove the co-generation waste to energy plant.  As a result of the change, this application is not considered to be a Sensitive Development Matter and therefore the application does not require review by IDRP prior to being referred to Committee for review.

The proposed development has been assessed with regard to the applicable assessment benchmarks.  The proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined in the attached Statement of Reasons.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

 

A.             That Council (Interim Administrator of Ipswich City Council) resolve to approve development application no. 2491/2018/MCU subject to conditions in accordance with section 60 of the Planning Act 2016.

B.             That the Chief Executive Officer be authorised to negotiate and impose relevant conditions, make all relevant decisions and provide all relevant notices to finalise the approval process and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

 

2.             Amendment to Framework for Development Applications and Related Activities Policy

This is a report concerning an amendment to the Framework for Development Applications and Related Activities Policy. The amendment relates to the circumstances which a Variation Request must be decided by Council. It is proposed to remove the requirement for all Variation Requests to be decided by Council. It is expected that Variation Requests of a significant scale, scope or sensitivity can be decided by Council if determined necessary by the Chief Executive Officer.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the Framework for Development Applications and Related Activities Policy be amended in accordance with Attachment 1.

 

3.             Court Action Status Report

This is a report concerning a status update with respect to current court actions associated with development planning related matters including one other significant matter of dispute that the Planning and Regulatory Services Department is currently involved with.

 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

 

4.             Exercise of Delegation

This is a report concerning applications that have been determined by delegated authority for the period 31 October 2019 to 21 November 2019.

 


 

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

  

** Item includes confidential papers

and any other items as considered necessary.


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

 

Doc ID No: A5847638

 

ITEM:              1

SUBJECT:        Development application recommendation - Lot 73 Rhondda Road, New Chum - 2491/2018/MCU

AUTHOR:       Senior Planner (Development)

DATE:              6 November 2019

 

 

Executive Summary

This is a report concerning an application seeking approval for a Material Change of Use -  Special Industry (Waste recycling and reprocessing – waste transfer station, crushing, milling or grinding), Caretakers Residence and Environmentally Relevant Activities (ERA33, ERA54(1) and ERA62(1)(a)) at Lot 73 Rhondda Road, New Chum. 

The subject application requires review by Committee and determination by Full Council in accordance with the Framework for Development Applications and Related Activities Policy as more than 20 properly made submissions objecting to the proposed development were received.

The Independent Decision Review Panel (IDRP) has been established to review development applications that are Sensitive Development Matters (as defined within the Framework for Development Applications and Related Activities Policy).  One example of a Sensitive Development Matter is a development application which receives 50 or more submissions objecting to the proposal during the public notification period.  Whilst this development application received 52 properly made submissions, it is noted that the majority of these were in relation to the co-generation waste to energy plant which was originally proposed by the applicant.  As a result of concerns raised by Council in an information request and also submissions received during the public notification period, the applicant chose to amend the development application to remove the co-generation waste to energy plant.  As a result of the change, this application is not considered to be a Sensitive Development Matter and therefore the application does not require review by IDRP prior to being referred to Committee for review.

The proposed development has been assessed with regard to the applicable assessment benchmarks.  The proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined in the attached Statement of Reasons.

 

 

Recommendation/s

 

That the Interim Administrator of Ipswich City Council resolve:

 

A.             That Council (Interim Administrator of Ipswich City Council) resolve to approve development application no. 2491/2018/MCU subject to conditions in accordance with section 60 of the Planning Act 2016.

B.             That the Chief Executive Officer be authorised to negotiate and impose relevant conditions, make all relevant decisions and provide all relevant notices to finalise the approval process and to do any other acts necessary to implement Council’s decision in accordance with section 13(3) of the Local Government Act 2009.

RELATED PARTIES

The related parties to this application are:

·    Jackal Renewables Pty Ltd (landowner and developer) – The current company director as extracted from the ASIC database on 18 October 2019 is Robert John Howe.

·    Ardent Group Pty Ltd (planning consultant and also prepared a range of technical reports) – The current company directors as extracted from the ASIC database on 18 October 2019 are William John Haylock, Richard Smith and Richard Peter Davis.

·    Air Noise Environment (Environmental Assessment and Management Report) – The primary contact has been Samuel Wong.

·    Moreton Geotechnical Services Pty Ltd (Desktop Mining Study) – The primary contact has been Ken Grubb.

·    Hunt Michel and Partners (Conceptual Stormwater Management Plan) – The primary contact has been Daniel Michel.

·    Bitzios Consulting (Traffic Impact Assessment) – The primary contact has been D. Scutt and M. Davidson.

·    Procom Consultants Pty Ltd (HAZID Study Report) – The primary contact has been Jim Schmidt.

Advance Ipswich Theme

Managing growth and delivering key infrastructure

Purpose of Report/Background

 

SITE ADDRESS:

Lot 73 Rhondda Road, NEW CHUM  QLD  4303

APPLICATION TYPE:

Material Change of Use

PROPOSAL:

Special Industry (Waste recycling and reprocessing – waste transfer station, crushing, milling or grinding), Caretakers Residence and Environmentally Relevant Activities (ERA33, ERA54(1) and ERA62(1)(a))

ZONE:

RBIA2 – Regional Business and Industry Investigation, New Chum (71.60%)

Recreation (28.40%)

OVERLAYS:

OV2 Key Resource Area

OV2 Known Resource

OV2 Mining Leases

OV3 Area Affected by Underground Mining Shaft

OV3 Area Affected by Underground Mining Tunnel

OV3 Area Affected by Underground Mining

OV3 Mining Constrained Area

OV3 Surface Disturbance – Including open-Cut Mining

OV4 Slope 15 Percent to 20 Percent

OV4 Slope 20 Percent to 25 Percent

OV5 1 in 20 Development Line

OV5 Adopted Flood Regulation Line

OV5 Urban Catchment Flow Path

OV7A Building He

APPLICANT:

Jackal Renewables Pty Ltd

OWNER:

Jackal Renewables Pty Ltd

EXISTING OR PROPOSED TRADING NAMES:

Jackal Renewables Pty Ltd

APPLICATION NO:

2491/2018/MCU

AREA:

25.38ha

REFERRAL AGENCIES:

Department of State Development, Manufacturing, Infrastructure and Planning

EXISTING USE:

Mining – extraction of clay, shale, mudstone and other minerals

PREVIOUS RELATED APPROVALS:

Not Applicable

DATE RECEIVED:

5 April 2018

DECISION PERIOD START DATE:

17 July 2019

EXPECTED DETERMINATION DATE:

26 November 2019


SITE LOCATION:

 

Figure 1 – locality Map

 

PROPOSAL:

 

On 16 April 2018, a properly made application was received for a Special Industry (Waste recycling and reprocessing – waste transfer station, crushing, milling or grinding), Minor Utility, Caretakers Residence and Environmentally Relevant Activity (ERA33, ERA61(B) and ERA62).  The proposed use included the following:

·    Manufacturing of Mineral Mulch and Easy Spread from fibre cement by-product

·    Treatment of acid sulphate soils

·    Waste Transfer Station for construction and demolition waste streams

·    Co-generation plant for the production of electricity

·    Co-generation timber shedding area and fuel storage

·    Hardstand processing area for the manufacturing of soil amendments and treatment of acid sulphate soils and potential acid sulphate soils and storage of products

·    Vehicle workshop and fuel storage

·    Caretakers residence

·    Main gate, weighbridge, office and internal road

 

On 24 September 2019, the applicant notified Council of a change application in accordance with section 52(1) of the Planning Act 2016.  The change application, which was submitted in response to issues raised by Council in an information request and also submissions received during the public notification period, sought to amend the following aspects of the original proposal:

 

·    a reduction in the maximum vehicle size to a 19m semi-trailer;

·    removal of the minor utility (waste to energy co-generation plant); and

·    removal of one of the fire water tanks.

 

In addition, it is noted that there was a change to the Environmental Protection Regulation which changed the ERA references.  The new corresponding applicable ERA references are as follows:

·    ERA 33 crushing, milling, grinding or screening,

·    ERA 54 (1) mechanical waste reprocessing,

·    ERA 62 (1)(a) resource recovery and transfer facility operation

 

Having regard to the change application, the proposed use now involves the following:

 

Processing Pad

 

A hardstand processing pad measuring approximately 5,313m2, will be used for the loading of Mineral Mulch and Easy Spread products, in addition to the unloading of fibre cement waste from trucks.  Acid sulphate soil temporary storage and treatment will also take place on this processing pad.

 

Raw Materials Stockpile

 

Broken fibre cement sheet boards/pipes/similar or bulka-bagged fibre cement sheet waste will be stockpiled as raw material prior to being processed.  These materials will be stored in bays which are enclosed on three (3) sides, with each wall at least 0.5 metre above the stockpile height and extend at least 1 metre beyond the front of the stockpile.  Permanent sprinkler systems will be installed to prevent wind-blown dust.

 

Product Stockpile

 

Mineral Mulch and EasySpread products will be stockpiled prior to being exported from site.  These materials will be stored in bays which are enclosed on three (3) sides, with each wall at least 0.5 metre above the stockpile height and extend at least 1 metre beyond the font of the stockpile.  Permanent sprinkler systems will be installed to prevent wind-blown dust.  At the end of each day, the stockpiles will be covered with tarps to further reduce dust emissions.

 

Enclosed Processing Area

 

Processing of the fibre cement by-product will be undertaken within an enclosed building. The building has a floor area of approximately 625m2 (25mx25m) and will be constructed out of 12 metre long shipping containers with a dome roof and end walls.  The building will have a maximum height of 10 metres. It is noted that the ends can be opened to allow access for equipment and employees.  Notwithstanding, these ends will remain closed during operations to control the spread of dust particles and assist with noise attenuation.

 

 

Waste Transfer Station and Resource Recovery Processing Area

 

A maximum of 35,000t of construction and demolition waste per year will be delivered to the site to be sorted within the Resource Recovery Station.  The Resource Recovering Station has an area of 648m2, is roofed and has a maximum height of 10 metres.  The waste will be delivered to site via semi-trailers to the Resource Recovering Station where it will be unloaded and sorted into recyclables and non-recyclables. 

 

Non-recyclables will be stockpiled within the Resource Recovery Station before it is transported to a local landfill licensed to receive the waste.  Recyclables will be processed (i.e. bailing, sorting, compaction, shredding or combination) and then stockpiled within the Resource Recovery Processing area before being loaded onto trucks and transported to customers or specialist processing facilities.

 

The resource recovery processing area is open hardstand and has an area of 648m2.

 

Workshop Shed

 

The proposed workshop shed has an area of approximately 400m2 (20mx20m) and a height of 6 metres.  The workshop will be used to undertake truck and mobile plant maintenance.

Chemicals used on site will be stored in a container (small volumes) on bunded pallets or adjacent to the workshop area in dedicated bunded areas.

 

Caretakers Residence

 

The proposal includes a Caretakers Residence (91m2).  The caretaker will be an employee and required to provide afterhours surveillance for the site.

 

Ancillary Structures/Buildings

 

In addition to the above, the use also includes two (2) weighbridges, an office, ablutions block and 7 car parking spaces.

 

Staging

 

The proposed development is to be undertaken in three stages as outlined below:

·    Stage 1 – processing pad, raw material stockpile, product stockpile, enclosed processing area and caretaker’s residence

·    Stage 2 – inclusion of workshop

·    Stage 3 – inclusion of resource recovery station, resource recovery processing area, weighbridges and office building

 

Volumes

 

A maximum of 35,000t per year of waste is to be accepted within the waste transfer station.

 

Fibre cement by product deliveries to site for processing is a maximum of 32,000t per year.  It is noted that a similar volume of Mineral Much and/or EasySpreed product will be produced each year.

 

Quantities of acid sulphate soil (ASS) and potential acid sulphate soils (PASS) received for treatment would be a maximum of up to 37,000t per year to produce similar volumes per year for landscaping soil.

 

Hours of Operation

 

The applicant is proposing hours of operation from 6am to 6pm Monday to Friday and 6am to 2pm on Saturdays.  It is noted that the Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 limits the hours of operation as follows:

·    6am to 7am - limited to truck deliveries and unloading/loading materials only

·    7am to 6pm – use of shedder and grinding/screening equipment permitted.

 

Staff

 

The applicant has advised that once the operations are fully established, the use will employ up to 10 staff.

 

Access

 

Access to the site is via Cunningham Highway, Chum Street, Child Street and Rhonda Road. Whilst sections of Chum Street, Child Street and Rhonda Road are currently unformed, it is proposed to condition the upgrade of these roads to a gravel rural road standard, which will then be maintained by the applicant.

 

The maximum truck size proposed is a 19m semi-trailer.  The proposed use is anticipated to attract approximately 72 truck trips per day (36 inbound and 36 outbound).

 

Internally, access is provided via a 5 metre wide gravel access road which will ultimately circulate clockwise through the site.

 

Consistencies with Mining Lease

 

There is currently a mining lease over the subject site which is for the purposes of extracting clay, shale, mudstone and other minerals. The mining lease is not expected to be renewed when it expires in 2044.  It is noted that this operation is ongoing and does not form part of the subject application.  The applicant has provided evidence demonstrating that the proposed use is located outside of the existing and future mining areas.

 

Ipswich Planning Scheme 2006

 

The Regional Business and Industry Investigation Zone (Sub Area RBIA2 – Swanbank New Chum) supports Special Industry uses where there is no discernible amenity or environmental impacts outside of the sub area.  The applicant has provided a number of technical reports which demonstrates that the proposed use will not have adverse impacts to surrounding residential areas.  To ensure the findings/recommendations of these reports are adhered to, conditions have been recommended.  In addition, concerns relating to the Environmentally Relevant Activities have been addressed through the Environmental Authority (EA0001872), issued by the Department of Environment and Science, which includes conditions relating to a range of environmental impacts (air, noise, land, water).

 

It is considered that the proposed development generally complies with the requirements of the Ipswich Planning Scheme 2006, subject to the imposition of reasonable and relevant conditions.

 

Local Government Infrastructure Plan (LGIP)

 

The LGIP nominates the eastern portion of the site, adjacent to the waterway, as future citywide linear park with a timeframe of 2036-2041.  Given the expected timeframes for completion, there is no immediate need for this land to be dedication to Council.  Accordingly, the land will be pursued via future resumption when required.

 

Temporary Local Planning Instrument TLPI 1/2018

 

The application was properly made the day prior to the implementation of the Temporary Local Planning Instrument TLPI 1/2018.  Notwithstanding, consideration has been given to the TLPI and assessment undertaken. 

 

While the subject site is located within both the Swanbank/New Chum – Waste Activity Area and Swanbank/New Chum – Buffer Area, the proposed use area is located entirely within the Waste Activity Area with the exception of the proposed Caretakers Residence and a portion of the internal access road.

The definition of the proposed uses under the TLPI 1/2018 constitutes a Waste Activity – compost manufacturing enclosed and unenclosed.

It is noted that a portion of the compost manufacturing use (as defined by the TLPI) is undertaken in an unenclosed area, namely the processing pad which is open hardstand.  This area will be used for the loading of the Mineral Mulch and Easy Spread products, in addition to the unloading of fibre cement waste from trucks.  Acid sulphate soil temporary storage and treatment will also take place on this processing pad.

 

The processing of the Mineral Mulch and Easy Spread products will be undertaken in an enclosed area.

 

The raw materials bought to the site will be stored in a raw material stockpile which is enclosed on three sides.  Likewise the product stockpiles will be enclosed on three sides.

 

The materials stored on the processing pad are considered to be temporary in nature, before they are either moved to the raw material stockpile or exported off site.  The applicant has provided a number of technical reports which demonstrates that the proposed use will not have adverse impacts to surrounding residential areas.  To ensure the findings/recommendations of these reports are adhered to, conditions have been recommended.  Furthermore, the Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which includes requirements relating to use areas, stockpiles, waste, acoustic, air, land and water. 

Given the above, it is considered that through the temporary use of this area and the imposition of conditions, the risks associated with the “Compost Manufacturing Unenclosed” component of the use can be appropriately managed.

 

OTHER RELEVANT INFORMATION:

 

Whilst the Ipswich City Council (the council) is the assessment manager for the development

application, under the Environmental Protection Act 1994 several components of the proposed use, including crushing, milling, grinding or screening, mechanical waste reprocessing and resource recovery and transfer facility operation are identified as an environmentally relevant activities (ERA) which is to be assessed, administered and enforced by the Department of Environment and Science (DES).   Following an assessment of the ERA 33 - crushing, milling, grinding or screening, ERA 54(1) - mechanical waste reprocessing and ERA 62(1)(a) - resource recovery and transfer facility operation, DES issued an Environmental Authority (EA0001872) to Jackal Renewables Pty Ltd on 11 October 2019 with appropriate conditions to manage the environmental risk of the activity in relation to impacts on environmental values under the Environmental Protection Act 1994

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Planning Act 2016

RISK MANAGEMENT IMPLICATIONS

A risk to Council exists should the proposal not be determined in accordance with legislative requirements.  The assessment and subsequent recommendations have been prepared to minimise the risk.

Financial/RESOURCE IMPLICATIONS

 

There are no resource implications associated with this report.

COMMUNITY and OTHER CONSULTATION

 

Referral Agency

 

On 14 October 2019, the Department of State Development, Manufacturing, Infrastructure and Planning provided a changed concurrence agency response.  The response included four (4) conditions relating to the following:

 

Schedule 10, part 5, division 4, table 2, item 1 (Planning Regulation 2017) Non-devolved environmentally relevant activity:

·    Undertaking works in accordance with the approved site plan

·    No vegetation clearing is to occur as part of the ERA’s

·    No release of contaminants to waters and land is authorised

·    Implementation of noise mitigation measures as outlined in the submitted Air and Noise Assessment is to occur

 

Schedule 10, part 9, division 4, subdivision 1, table 1, item 1 (Planning Regulation 2017) State transport infrastructure:

·    Extension of the existing right turn Cunningham Highway Off-Ramp lane must be proposed at the Aberdare Street/Cunningham Highway Off-Ramp priority controlled intersection.

·    The works must achieve appropriate normal design domain sight distances for Aberdare Street’s calculated 85th percentile speed.

·    Where required, clearing of vegetation and relocation of signage is to occur to ensure sign distances on Aberdare Street.

·    Provide advance warning signage on Aberdare Street.

·    Works and signage must be in accordance with the Department of Transport and Main Roads requirements (certification to be provided).

 

Public Notification

Public notification of this application was undertaken pursuant to the Planning Act 2016.  The applicant undertook public notification from 1 May 2019 to 24 May 2019 for a period of 15 business days.  Council received 52 properly made submissions and 12 not properly made submissions.  A summary of the matters raised in the submissions include:

 

Matter raised

How matters were dealt with in reaching a decision

Proposed development contravenes the Temporary Local Planning Instrument

·    The proposed use will have amenity and nuisance impacts.

·    The proposed use will have airborne emissions (including smoke and dust).

·    The proposed use will have noise impacts.

·    The proposed use will have environmental impacts.

·    The proposed use does not protect ground water quality and does not improve the management of the catchment.

·    Unenclosed compositing need to be fully enclosed to comply with the TLPI – unlikely that this can be achieved.

It is noted that the application was lodged prior to the implementation of the Temporary Local Planning instrument.  Notwithstanding, consideration has been given to the TLPI and assessment undertaken. 

 

The majority of the concerns in relation to non-compliance with the TLPI related to the co-generation plant.  It is noted that since public notification took place, the applicant has changed the application to remove the co-generation plant.  Accordingly, concerns relating to this aspect of the use is no longer applicable.

 

In addition, both the concurrence agency response conditions and Environmental Authority (EA0001872) include conditions relating to environmental impacts (air, noise, land, water).

 

It is considered that, subject to the imposition of conditions, the proposed use will not have adverse amenity impacts on surrounding residential areas.

Adverse amenity impacts (generally)

·    The proposed use will not improve the amenity of nearby residential areas and poses a serious health risk by introducing a new source of noise and air pollution – particulate emissions from excessive dust generation and smoke from a cogeneration plant.

·    The proposed use will add to the adverse amenity impacts already being experienced by to other waste industry operations in New Chum and Swanbank

Since public notification took place, the applicant has changed the application to remove the co-generation plant.  Accordingly, concerns relating to this aspect of the use is no longer applicable.

 

The applicant provided an Air and Noise Assessment which identified that compliance at the existing and potential future sensitive receptors is predicted provided subject to a number of measures being implemented.

 

The concurrence agency response provided by the Department of State Development, Manufacturing, Infrastructure and Planning provided conditions requiring noise mitigation measures to be undertaken in accordance with the submitted report.

 

Furthermore, the Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which includes requirements relating to use areas, stockpiles, waste, acoustic, air, land and water.

 

Accordingly, it is considered that, subject to the imposition of conditions, the proposed use will not have adverse amenity impacts on surrounding residential areas.

Adverse amenity impacts from air pollution (smoke and dust)

·    The proposed use is located 300m from land designated as Low Density Residential, 630m from existing Collingwood Park residence, less then 1km from other homes, 1.6km from Wood links State School and Six Mile Creek.

·    Dust from trucks on unsealed roads, handling of crushed materials, mixing materials with soils, loading ash from the co-generation plant onto trucks and wind erosion over stockpile will not be fully contained inside a building.

·    Additional truck traffic on unsealed road would add to that already generated by the waste industry on local roads and highways.

·    Emissions from co-generation plant will be released straight into the atmosphere.

·    Products may contain silica, and may cause disease included silicosis (as dangerous as asbestos).

·    How is council governing air quality (no monitoring process in place and hence cannot assess the effects so far).

·    Risk of asbestos contaminated material (which is easily airborne).

·    Increase in traffic (72-112 truck movements per day) – contributes to increase in dust.

·    National clean air bill signed by all states – adding landfills does not reduce air pollution and therefore a breach of legislation.

The applicant provided an Air and Noise Assessment which identified that compliance at the existing and potential future sensitive receptors is predicted provided subject to a number of measures being implemented.

 

The Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which, amongst other items, included conditions relating to odours or airborne contaminates not causing an environmental nuisance to any sensitive or commercial place. 

 

Accordingly, it is considered that, subject to the imposition of conditions, the proposed use will not have adverse air pollution impacts on surrounding residential areas.

Adverse amenity impacts from noise pollution

·    Equipment proposed to be used is very noisy.

·    Proposed structure is unlikely to prevent noise propagation to surrounding areas.

·    Additional noise created by haul trucks loading and unloading, front loads and bobcat.

·    Applicants report demonstrates that noise exceeded from 7am to 6pm at areas earmarked for future residential in Collingwood Park.

·    Noise impacts likely to degrade the amenity of residential areas, particularly Collingwood Park.

·    It is request that a 5 dB(a) typical façade noise reduction be applied instead of 7dB(A) (consistent with that requested for the Cleanaway land fill expansion proposal).

·    No information was presented in relation to the siting of the noise modelling equipment.

·    Modelling shows an exceeded of the continuous noise criteria during 7am to 6pm period at the further residential area to the east by up to 1 dB.

·    Proposed shipping container structure has gaps and is likely to amplify and reflect noise.

·    Noise report relies on assumptions such as sealing gaps and using sound absorbing material to achieve required sound attenuation.

·    It is unrealistic to have doors at either end of the container structure due to operational requirements.

·    Acoustic enclosure for the co-generation plan is not shown on the plan.

·    Concerns raised in relation to the unknown noise impacts of the co-generation plant.

·    No guarantee that mitigation methods will be adopted – some recommendations of the report are unrealistic.

·    Noise was modelled for Riverview State School (2km away) but not Six Mile Estate (less than 1.5km away).

·    Noise and airborne particulate modelling has not be provided for onsite personal – likely to challenge Workplace Health and Safety Regulations.

·    It is request Council seek independent advice regarding the modelling and findings of the submitted material.

As outlined above, since public notification took place, the applicant has changed the application to remove the co-generation plant.  Accordingly, concerns relating to this aspect of the use is no longer applicable.

 

The applicant provided an Air and Noise Assessment which identified that compliance at the existing and potential future sensitive receptors is predicted provided subject to a number of measures being implemented.

 

Further, the concurrence agency response provided by the Department of State Development, Manufacturing, Infrastructure and Planning provided conditions requiring noise mitigation measures to be undertaken in accordance with the submitted report.

 

The Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which, amongst other items, included conditions relating to acoustics, including:

·    noise limits

·    hours of operation (6am-7am is limited to truck deliveries and unloading/loading materials only and 7am to 6pm for shedder and grinding/screening equipment)

·    requirements for the enclosed processing area

·    noise monitoring requirements.

 

Accordingly, it is considered that, subject to the imposition of conditions, the proposed use will not have adverse noise impacts on surrounding residential areas.

Proposed co-generation plan

·    Dirty form of electricity production.

·    Emissions from co-generation plant will be released straight into the atmosphere.

·    Burning of green waste is difficult to burn and smoky.

·    Breathing in wood smoke can cause a number of serious respiratory and cardiovascular health problems.

·    MDF from C&D waste contain a known carcinogen.

·    Burning of diesel proposed.

·    24 hours per day 7 day a week operation will increase respiratory illnesses in the area.

·    Smoke will be detrimental to the health of the residences that live close to the development.

·    Waste incineration is expensive and the least efficient way to generate energy.

·    Waste incineration is polluting and worsens climate change.

Since public notification took place, the applicant has changed the application to remove the co-generation plant.  Accordingly, concerns relating to this aspect of the use is no longer applicable.

 

Location of the proposed Use

·    The proposed use is best suited to a rural location away from residential and urban areas, closer to the regions which will make use of the products.

The proposed use is considered to be consistent with the intent of the zone.  Any potential impacts have been investigated through technical reporting. 

 

Subject to the imposition of conditions, the proposed use will not have adverse amenity impacts on surrounding residential areas.

Potential pollution of Six Mile Creek

·    The proposed use is located within the Six Mile Creek catchment and only a short distance up-gradient of the Six Mile Creek Riparian zone.

·    There is the potential for pollution of this waterway which leads to the Brisbane River (through flows of contaminated stormwater during high rain events.

·    It is important to not pollute this area with air and noise emissions and acid sulphate soils.

The Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which, amongst other items, included conditions relating to water, and in particular states that contaminants must not be released to any waters.

 

Accordingly, it is considered that, subject to the imposition of conditions, the proposed use will not have adverse air pollution impacts on surrounding residential areas.

Procom Consultants Report (Technical Response – Wood to Power Project)

·    The report does not consider the emissions from the normal operation of the co-generation plant chimney stack.

·    A number of concerns with the report, as it relates to the wood-to-energy co-generation plant, was identified.

Since public notification took place, the applicant has changed the application to remove the co-generation plant.  Accordingly, concerns relating to this aspect of the use is no longer applicable.

 

Proposed use will treat acid sulphate soils

·    Acid sulphate soils are difficult to treat and can cause environmental harm if not done right.

·    There is a risk of the layer between groundwater and contaminated soil being broken due to unstable ground (undermined and coal steams and tunnels).

·    If soil cannot be contained when it is stored then there will be an environmental disaster.

·    Stock pile of acidic soil creates danger of contamination of waterways (including plants and aquatic creatures).

·    Concerns regarding stockpiles when it rains and floods.

The Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which, amongst other items, includes conditions relating contaminants not being released to any waters and land. 

 

Risk of asbestos contamination

·    The proposed waste transfer station included construction and demolition waste and therefore there is the risk of asbestos contamination, which is easily airborne.

·    Increase in traffic will cause more dust containing asbestos to impact nearby residence.

The application material has indicated that asbestos will not be accessed to the site.  In addition, the Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions which, amongst other items, includes requirements that the applicant must undertake should they be made aware that prohibited waste has been received.

Risks from Mineral Mulch

·    Risks associated with mineral mulch from fibre cement – should not be allowed in the suburbs.

Environmental Authority (EA0001872) issued by the Queensland Government under the Environmental Protection Act 1994 includes a range of conditions relating to environmental impacts (air, noise, land, water).  It is considered that the risks can be appropriately managed through the imposition of conditions.

 

Aggregated Environmental Score for activities

·    Each application should not be judged on its own merit and instead be assessed in the context of all the activities already in the area (i.e. combined aggregate environmental score).

·    Location should be taken into consideration.

·    Large amount of regulated activities in one area.

The application has been assessed in accordance with the requirements of the Planning Act 2016. Consideration has been given to the applicable legislation and the proposed use is considered to generally comply.

Compliance with Conditions

·    Residence have no confidence in the State Government or the Council when it comes to compliance at Ipswich dumps.

·    Applicant continues to demonstrate non-compliance with ICC and DES

This submission is not considered to be a valid planning consideration.

 

Application breaches council’s responsibility under the laws to protect the health of its citizen and its responsibility to provide clean air environment and puts itself at risk of liability and costly law suits.

Assessment of the application is bound by the requirements of the Planning Act 2019.  Consideration has been given to the applicable legislation and the proposed use is considered to generally comply.

Applicant uses miss information

·    Deed of agreement states untrue information which has mislead PGH into signing agreement.

The referenced deed was not ultimately required due to a change to the application to reduce the proposed vehicle size, resulting in the additional land being required to facilitate vehicle movements to/from the site.

Access to development

·    Who will maintain the access road

·    Chum Street is not designed for b-double truck transport.

·    No cumulative look at traffic effects along Chum Street.

Since public notification took place, the applicant has changed the application to reduce the proposed vehicle size of a 19 metre semi-trailer.

 

The applicant has provided plans, signed by a RPEQ, which demonstrates that the proposed vehicle type can fit within the existing road reserve.

 

Conditions have been recommended to ensure the road is constructed to an appropriate standard which is to be maintained by the applicant.

Conclusion

 

An assessment of the proposed Material Change of Use -  Special Industry (Waste recycling and reprocessing – waste transfer station, crushing, milling or grinding), Caretakers Residence and Environmentally Relevant Activities (ERA33, ERA54(1) and ERA62(1)(a)) at Lot 73 Rhondda Road, New Chum has been undertaken and it has been determined that the proposed development generally complies with the assessment benchmarks or can be conditioned to comply as outlined in the attached Statement of Reasons.  It is therefore recommended that this development application be decided in accordance with the recommendations and attachments of this report.

 

 

Attachments and Confidential Background Papers

 

1.

Statement of Reasons

2.

Approved Plans

3.

DSDMIP Referral Agency Response

4.

Environmental Authority

 

Nikki Morrison

Senior Planner (Development)

I concur with the recommendations contained in this report.

Michael Simmons

Development Assessment West Manager

I concur with the recommendations contained in this report.

Anthony Bowles

Acting Development Planning Manager

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 1 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 1 / Attachment 2.


 


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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 1 / Attachment 3.

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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 1 / Attachment 4.

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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

 

Doc ID No: A5891287

 

ITEM:              2

SUBJECT:        Amendment to Framework for Development Applications and Related Activities Policy

AUTHOR:       Acting Development Planning Manager

DATE:              8 November 2019

 

 

Executive Summary

This is a report concerning an amendment to the Framework for Development Applications and Related Activities Policy. The amendment relates to the circumstances which a Variation Request must be decided by Council. It is proposed to remove the requirement for all Variation Requests to be decided by Council. It is expected that Variation Requests of a significant scale, scope or sensitivity can be decided by Council if determined necessary by the Chief Executive Officer.

Recommendation

That the Interim Administrator of Ipswich City Council resolve:

That the Framework for Development Applications and Related Activities Policy be amended in accordance with Attachment 1.

RELATED PARTIES

There are no related parties associated with this report.

Advance Ipswich Theme

Managing growth and delivering key infrastructure

Purpose of Report/Background

The Framework for Development Applications and Related Activities Policy was adopted by

Council on 16 April 2019.  The policy currently states that development applications are to be reviewed by Committee and then decided by Full Council in the following circumstances;

 

1.        If the development application or request requires public notification and more than 20 properly made submissions are received objecting to the proposed development.

2.        If any part of the development application is for a Variation Request;

3.        If the Chief Executive Officer determines that the scale, scope, nature and sensitivity of the application or request warrants a Council decision;

4.        If an application or request is considered by the Chief Executive Officer to involve a matter of Strategic Public Interest or a Strategic Policy Issue, including as a result of a request from the Mayor or a Councillor to consider a matter to be of Strategic Public Interest or involve a Strategic Policy Issue.

5.        If a development application has been made by Council or a commercial entity of Council, and does not relate to the provision of standard local government infrastructure and facilities such as parks (including canteens, storage sheds, lighting and other similar facilities within parks), roads, libraries, community centres or meeting rooms, art and cultural facilities (including public art), emergency services facilities, utilities or the like.

6.        If the application or request involves a Sensitive Development Matter.

The proposed amendment relates to No. 2 above. The intended effect of this requirement is that Variation Requests which vary the effect of the planning scheme are given proper consideration by Council as a policy decision (an example being a request to change the anticipated form of development in a locality by changing the zone or the assessment benchmarks for specific development). However, the effect of this requirement is that some Variation Requests which are of minimal consequence have necessitated a decision by Council.

It is proposed to remove No. 2 and amend No. 3 to identify that Variation Requests are an example of an application which warrants a Council Decision. In practice, when a Variation Request is received by Council, officers from Development Planning Branch will brief the Chief Executive Officer on the application if the proposal is of a scale, scope, nature or sensitivity warranting a Council Decision.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Planning Act 2016

Local Government Act 2009

RISK MANAGEMENT IMPLICATIONS

 

There are minimal risks associated with the recommendation. If the recommendation is not approved, Variation Requests of minimal consequence will continue to require review by committee and a decision by Council.

Financial/RESOURCE IMPLICATIONS

It is expected that fewer Variation Requests will be decided by Council, therefore, it is not expected there will be significant financial or resource implications.

COMMUNITY and OTHER CONSULTATION

The contents of the report did not require any community consultation as it relates to an internal decision making policy. Impact Assessable development applications will still require public consultation in accordance with the Planning Act 2016.

Conclusion

It is proposed to amend the Framework for Development Applications and Related Activities to refine the circumstances which a Variation Request should be reviewed by Committee and then decided by Full Council.

Attachments and Confidential Background Papers

 

1.

Framework for Development Applications and Related Activities Policy

 

Anthony Bowles

Acting Development Planning Manager

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 2 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

 

Doc ID No: A5914139

 

ITEM:              3

SUBJECT:        Court Action Status Report

AUTHOR:       Acting Manager, Development Planning

DATE:              21 November 2019

 

 

Executive Summary

This is a report concerning a status update with respect to current court actions associated with development planning related matters including one other significant matter of dispute that the Planning and Regulatory Services Department is currently involved with.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

RELATED PARTIES

 

The related parties, being the appellants associated with any court actions, are detailed in the attachment to this report.

Advance Ipswich Theme

 

Strengthening our local economy and building prosperity

Managing growth and delivering key infrastructure

Caring for our community

Caring for the environment

Listening, leading and financial management

Purpose of Report/Background

In addition to the current court actions, there is one (1) other significant matter of dispute that the Planning and Development Department is currently involved with.  At Council’s meeting on 13 November 2018, it was resolved to amend the Ipswich Planning Scheme (Planning Scheme Major Amendment Package 02/2018) by making amendments to Part 14 – Springfield Structure Plan.  Springfield City Group has made representations to the State Government that the amendments as adopted by Council should not be approved and has suggested alternative wording regarding the rights and responsibilities of developers and land owners within the Springfield Structure Plan area.

As a consequence of this dispute, the State Government facilitated a without prejudice discussion on 28 February 2019 between Springfield City Group and Council officers.  The matter was not resolved at this meeting and it was determined that further discussions would be required prior to the State Government determining the outcome.  The formal process surrounding this is presently on hold whilst ongoing discussions occur.

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Planning Act 2016

Planning and Environment Court Act 2016

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications associated with this report.

Financial/RESOURCE IMPLICATIONS

There are no resourcing or budget implications associated with this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation.

Conclusion

 

The Planning and Regulatory Services Department are currently involved with a number of current court related matters.  Attachment 1 to this report provides a current status with respect to these matters.

Attachments and Confidential Background Papers

 

1.

Court Action Status Report

 

Mitchell Grant

Acting Manager, Development Planning

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 3 / Attachment 1.

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Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

 

Doc ID No: A5915879

 

ITEM:              4

SUBJECT:        Exercise of Delegation

AUTHOR:       Acting Manager, Development Planning

DATE:              21 November 2019

 

 

Executive Summary

This is a report concerning applications that have been determined by delegated authority for the period 31 October 2019 to 21 November 2019.

Recommendation/s

That the Interim Administrator of Ipswich City Council resolve:

That the report be received and the contents noted.

RELATED PARTIES

There are no related parties associated with the recommendation as the development applications have already been determined.

Advance Ipswich Theme

·    Strengthening our local economy and building prosperity

·    Managing growth and delivering key infrastructure

·    Caring for our community

·    Caring for the environment

Listening, leading and financial management

Purpose of Report/Background

The following delegations (and associated sub-delegations) contain a requirement for the noting of applications determined by delegated authority:

·    Approval of Plans for Springfield

·    Determination of Development Applications, Precinct Plans, Area Development Plans and Related Matters

·    Exercise the Powers of Council under the Economic Development Act 2012

·    Implementation of the Planning and Development Program

·    Exercise the Powers of Council under the Planning Act 2016

Legal/Policy Basis

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Planning Act 2016

Economic Development Act 2012

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

Financial/RESOURCE IMPLICATIONS

There are no resourcing or budget implications associated with this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation.  In the event that the development applications listed in this report triggered ‘impact assessment’ pursuant to the Ipswich Planning Scheme, public notification was undertaken as part of the development application process in accordance with any legislative requirements and matters raised in any submissions and were addressed in the respective development assessment reports.

Conclusion

The Planning and Regulatory Services Department is responsible for the assessment and determination of development applications.  Attachment 1 to this report provides a list of development applications that were determined by delegated authority for the          period 31 October 2019 to 21 November 2019.

Attachments and Confidential Background Papers

 

1.

Exercise Of Delegation Report

 

Mitchell Grant

Acting Manager, Development Planning

I concur with the recommendations contained in this report.

Brett Davey

Acting General Manager - Planning and Regulatory Services

 

“Together, we proudly enhance the quality of life for our community”


Growth and Infrastructure Committee

Meeting Agenda

3 December

2019

Item 4 / Attachment 1.

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