TOWN PLANNING REPORT

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE

DEVELOPMENT PERMIT FOR EXTRACTIVE INDUSTRY AND MEDIUM IMPACT INDUSTRY

LOTS 1 AND 2 ON RP75267, LOT 1 ON RP15328, LOT 5 ON RP41543 LOT 3 ON RP84104, LOT 2 ON RP99954

& LOT 1 ON CSH2113

310 GREGORS CREEK ROAD, GREGORS CREEK

Ian Buchanan Town Planning February 2016

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1.0 INTRODUCTION

1.1 Application The subject application seeks approval for the following uses: (i) Material Change of Use – Development Permit for Extractive

Industry. The Development Permit for Extractive Industry seeks approval to

commence an extractive industry use on the site for the extraction of hard rock material from the eastern end of the site, with a threshold of 5,000 tonne to 100,000 tonne per year; and

(ii) Material Change of Use – Development Permit for Medium Impact

Industry The Development Permit for Medium Impact Industry seeks to

establish a concrete batching plant on the subject site within an area having a gross floor area of no more than 750sqm, and no more than 1,500sqm of associated outdoor area.

1.2 Background This site has previously been used for extractive industry purposes, with large amounts of sand and gravel previously removed from the site in the 1990’s to supply a number of concrete plants and infrastructure projects. The previous extraction activities were surrendered and the plant that was operating on this site was moved in 1998 to another property at Buaraba Creek. During the 1990’s there were three significant extractive industry uses operating along Gregors Creek Road, including the subject site, one at the end of Staghurst Lane (Lot 5 on RP162044), and one on Lot 2 RP806767. Extractive activities from the land adjoining the Brisbane River are currently still in operation on Lot 2 by Karreman Quarries. In March 2015, a development application was submitted to Council (DA14975) for a combined Material Change of Use for Extractive Industry uses (being sand & gravel extraction and hard rock extraction and processing) and Medium Impact Industry (being a concrete batching plant on the subject site in association with the extractive industry use, and the associated manufacture of concrete tiles and blocks). Following the review of submissions received in relation to this application, the landowner has decided to make significant changes to the proposal in order to address the matters raised in these submissions. The changes include the deletion of the sand & gravel extraction, a significant reduction in the size of the hard rock extraction, and deletion of the concrete block and tile manufacturing plant.

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Having regard to the changes proposed to this application, the development on the site will consist 2 separate components as follows: (i) Development Permit for Extractive Industry for the extraction of hard

rock material from the eastern end of the site, with a threshold of 5,000 tonne to 100,000 tonne per year; and

(ii) Development Permit for Medium Impact Industry to establish a concrete batching plant on the subject site within an area having a gross floor area of no more than 750sqm, and no more than 1,500sqm of associated outdoor area.

The technical information supplied with this amended application has assessed the operation and impact of each proposed component individually, as well as the cumulative impact of both uses operating together. Separate reports have been provided for each component.

2.0 THE SITE 2.1 Location and Real Property Description The site is situated on Gregors Creek Road in Gregors Creek and consists of 7 allotments described as follows:

(i) Lot 1 on RP75267 129.499 ha contained in the Rural Zone (ii) Lot 2 on RP75267 70.719 ha contained in the Rural Zone (iii) Lot 1 on RP15328 136.48 ha contained in the Rural Zone (iv) Lot 5 on RP41543 12.216 ha contained in the Rural Zone (v) Lot 3 on RP84104 5.185 ha contained in the Rural Zone (vi) Lot 2 on RP99954 9.176 ha contained in the Rural Zone (vii) Lot 1 on CSH2113 5.82 ha contained in the Rural Zone

The site backs onto the Brisbane River and is located within the former Esk region of the Somerset Regional Council. The site has frontage to Gregors Creek Road, which intersects with the Brisbane Valley Highway to the south west of the site. Access internally through the site is via an authorised river crossing over the Brisbane River under the Water Act 2000 connecting Lot 2 on RP99954 to Lot 1 on RP75267. The Department of Natural Resources and Mines have confirmed by letter dated 18 December 2015 that owner’s consent from the State is not required to use this access crossing for the development application in this instance. 2.2 Site Characteristics The site has an area of 369.095 hectares and has previously been used for extractive industry, consistent with the original consent permit for extractive industry that catered for the extraction and processing of material. The previous screening plant was relocated form the site in the late 1990’s. The activity areas on the site are generally clear of any significant vegetation, with areas of scattered trees remaining only.

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2.3 Surrounding Land Uses Land surrounding the site is contained in the Rural Zone and is developed with a mix of rural based and extractive industry uses. To the north-west of the site (approx. 4.2km) is another extractive industry use operating adjacent to the Brisbane River, which is operated by Karreman Quarries and consists of both sand & gravel and hard rock quarries. Other sand & gravel extraction is also occurring adjacent to the Brisbane River to the north-east by Karreman Quarries, on the eastern side of Gregors Creek Road. To the north-east of the subject site (approx. 3.3km) is an approved extractive industry use for a hard rock quarry, which is to be operated by CW and EJ Russell and Sons. That approval is the subject of a current Planning & Environment Court appeal against Council’s approval of the proposal, initiated by Karreman Quarries. 2.4 Zoning The land is contained in the Rural Zone, and land surrounding the site is also zoned Rural. The majority of land within the Shire is contained in the Rural Zone, with only the more developed townships containing a variety of residential and commercial zoned land.

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3.0 THE PROPOSAL 3.1 Development Proposal The applicant is seeking a Development Permit for Material Change of Use to use the site for an extractive industry. Specifically this application is seeking approval to extract and process hard rock material from the site, and to construct a concrete batching plant adjoining the hard rock extraction and processing area. The nature and location of the proposed use is shown on the site plan below. The extraction area is shown in orange and is approximately 20ha in size, and the processing area is shown in green. The concrete batching plant is located directly to the east of the processing area.

The approval being sought incorporates the following uses: (i) Material Change of Use – Development Permit for Extractive Industry. The Development Permit for Extractive Industry seeks approval to

commence an extractive industry use on the site for the extraction of hard rock material from the eastern end of the site (shown in orange on the site plan), with a threshold of 5,000 tonne to 100,000 tonne per year; and

(i) Material Change of Use – Development Permit for Medium Impact

Industry The Development Permit for Medium Impact Industry seeks to

establish a concrete batching plant on the subject site within an area having a gross floor area of no more than 750sqm, and no more than 1,500sqm of associated outdoor area (shown to the east of the proposed processing area for the extractive industry on the site on the site plan).

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The site is contained within an area that is rich in available resources, as evidenced by the number of extractive industries within the surrounding area. It is proposed that the hard rock extracted will be processed on the site to supply material to a range of building and civil construction customers. It will also supply raw material to a planned concrete batching plant on the site (which is subject to a separate development application). It is noted that the majority of the infrastructure (including the necessary access and road infrastructure) is already in place from the previous operations. In particular it is noted that other significant upgrades have also been completed on key intersections, including the Brisbane Valley Highway in accordance with the conditions of the previous approval on this site, as well as approvals issued for other uses in this area. Extractive Industry The proposed use seeks to extract hard rock material from the north-eastern end of the site, as indicated in orange on the site plan. This area is a large rocky outcrop that is bordered by the Brisbane River to the north and State owned land to the east. The proposed extraction area does not extend above the existing ridge line in this area, and will not be located directly adjacent to any existing residential properties. The revised extraction area is located between two existing ridge lines which will screen the proposed use to the north, east and south. The only direct views of the extraction area will therefore be from the west (through to south-west). Drawing LD-1030-SK05 submitted with this application identifies the visible catchment for the hard rock extraction area, and the distance of the processing area from existing houses within that catchment (ranging from 1.3km to 2.2km separation). Material extracted from the hard rock deposits will be transported to the on-site screening & processing plant. The screening plant will incorporate the necessary screening and crushing components that are necessary to process the hard rock material. Processed material will be stored in stockpiles immediately surrounding the screening plant. The extraction activities on the site will predominantly consist of drilling, ripping and excavating hard rock material, and it is expected that occasional blasting will be required. Any blasting activities will only occur around the middle of the day in order to minimise the potential for amenity impacts on nearby properties. The impacts from the proposed use and management of processes for the quarry are addressed in the attached technical reports prepared by JT Environmental which include:

Noise Impact Assessment;

Site Based Management Plan; and

Dust Assessment (Ausplume Modelling). Additional technical reports have also been prepared to address:

Traffic Management;

Stormwater Management; and

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Visual Impact.

Overburden removed from the proposed extraction area will be predominantly re-used on the site as follows:

The creation of a suitable pad for the hard rock processing area;

Topsoil used to fill existing undulations in the landform of the pasture/grazing areas on the site;

Construction of any necessary landscaping or bunded areas to contain and/or screen the proposed activities on the site;

Bank stabilization works along the Brisbane River where the property boundaries have been affected by erosion, in consultation with the Department of Natural Resources and Mines.

It has been identified that there are a range of uses for overburden material on the site which will improve the management and amenity of the land, and remove the need for the establishment of large stockpiles – such as those created in conjunction with nearby extractive industry uses. The balance of the overburden not required for these uses on the site will be stockpiled in an area to the east of the processing plant as indicated on the proposal plans. On completion of the extraction activities on the site, it is proposed that the processing area will be removed and rehabilitated to a standard consistent with surrounding pasture, and the extraction pit will be profiled and filled with water to create a large permanent water storage facility on the site. Any terrace areas involved with the extraction area will be rehabilitated through the replacement of overburden material and landscaping to promote vegetation regrowth around the perimeter of the extraction pit which will then be used as a large dam for irrigation purposes. Resource Investigation A resource investigation has been completed for the site by Groundwork Plus and previously submitted to Council with this application, prior to the proposed extraction area being reduced in size. Based on the findings of the resource investigation, which estimated 22,690,720 tonnes of resource available on the site for a 47ha extraction area, the revised proposal is therefore expected to have approximately 9,500,000 tonnes of hard rock resource available for the smaller 20ha extraction area. When reviewing the resource investigation, it is noted that the test drilling holes of most relevance to the revised layout are Drill Holes 2, 5, 7 and 8. The key findings of the resource investigation have shown:

Drilling and field mapping has confirmed that high quality latite resources exist on site.

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The strength, hardness and durability of the slightly weathered to unweathered and unaltered material are high and the material will be capable of producing DTMR specification concrete aggregate, road bases and other quality construction materials.

The rock is of a very good quality. The majority of the holes drilled encountered excellent material however holes 3, 4 (no longer included) and to a lesser degree 5 have encountered material which did have significant thicknesses of weathered/altered material overlying the good quality latite.

Residual soil and clay thickness ranged between 0.4m and 3.0m across the site. The overburden thickness increases towards the south and south-east of the deposit i.e. generally the southern spur of the site’s two hills represented in FIGURE 2 of the resource investigation report.

All holes drilled on site, apart from hole 3 terminated in high strength, hard slightly weathered or unweathered latite. The base of the deposit is unknown although it is thought to exist to at least 95 metres AHD.

The latite body within the identified extractive area is interpreted to be a Jurrasic basaltic/latitic lava flow with equivalent volcaniclastics which occupy the higher elevations and account for much of the float encountered on site. Textures recognised on site and during petrographic analysis support this interpretation with porphyritic, massive and tuffaceous textures recognised.

The rock contains little observable free silica and is expected to contain few secondary minerals when unweathered at depth.

Approximately 200 kilograms of latite recovered as float and 200 kilograms of river sand have been submitted for preliminary material and petrographic testing. The results indicate a high quality hard rock and sand resource. Hard rock has surpassed all testing fields for relevant DTMR products.

The resource investigation has therefore shown that the proposed extraction area contains high quality hard rock resources.

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Proposed Medium Impact Industry The second component of the application seeks to establish a concrete batching plant on the site. In the long term it is proposed that the batching plant would operate in association with the proposed extractive industry use, however it is also able to operate independently on the site. Given that the materials proposed to be extracted from the site include some raw materials used in concrete batching, there is a direct nexus between the proposed uses should they be established together. The concrete batching plant will be located adjoining the proposed processing area for the extractive industry use, which is a level area that is located between two hills toward the eastern end of the site. This area is also located at the end of the main internal haul road, ensuring that access to the concrete batching plant is provided to a high standard. Having regard to the proposed structures and use area for the concrete plant, the gross floor area of the medium industry component of the use will not exceed 750sqm, and no more than 1,500sqm of associated outdoor area will be used. This will maintain compliance with the regulatory provisions of the South East Queensland Regional Plan. The proposed medium impact industry use is located centrally within the site, and on the same haul road proposed for the extractive industry use. The nature and location of the use ensures that it is well separated from adjoining uses, and will not have an adverse effect on the amenity of the area. The proposed use area is located between two existing ridge lines which will screen the concrete plant to the north, east and south. The only direct views of the plant will therefore be from the west (through to south-west). Drawing LD-1030-SK105 submitted with this application identifies the visible catchment for the concrete plant, and the distance of the processing area from existing houses within that catchment (ranging from 1.3km to 2.3km separation). The activities on the site will predominantly consist of mixing raw materials through the batching plant to produce concrete that will be transported from the site in standard concrete agitator trucks. Raw materials will be delivered to the site, or used from existing stockpiles once the extractive industry use also commences. The intensity of the use will vary based on the demand for concrete products and weather conditions. For example, on rain affected days it is unlikely that there will be any demand for concrete and therefore no outgoing traffic movements would be expected. On days when there is a high demand for concrete products, it is possible that there could be in the vicinity of 20 outgoing vehicle movements. In between, it is likely that there will be days with a moderate demand of only 5-10 outgoing vehicle movements. Therefore, as demand fluctuates for concrete products on different days the amount of traffic generated by the use will vary accordingly.

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The impacts from the proposed use and management of processes for the concrete batching plant are addressed in the attached technical reports prepared by JT Environmental which include:

Noise Impact Assessment;

Site Based Management Plan; and

Dust Assessment (Ausplume Modelling). Additional technical reports have also been prepared by Lockyer

Designs to address:

Traffic Management;

Stormwater Management; and

Visual Impact. The information contained in this application demonstrates that the proposal is an appropriate use in this location. The site contains the necessary infrastructure for the uses proposed, and is capable of managing the uses to ensure there is no adverse impact on adjoining properties. The proposal is therefore worthy of favourable consideration by Council.

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4.0 SUSTAINABLE PLANNING ACT The application is made under the provisions of the Sustainable Planning Act 2009. The Act identifies that a development permit is necessary for assessable development that is declared as such under the Local Authority’s Planning Scheme. The Planning Scheme for the former Esk Shire area requires Impact Assessment for the proposed Extractive Industry use and the application will be assessed in accordance with the relevant IDAS provisions of the Sustainable Planning Act. The proposal will also trigger assessment by SARA for the following Concurrence Agencies under the Sustainable Planning Regulation:

Department of Transport and Main Roads: The application involves an extractive industry using machinery having a throughput of product if more than 50,000 tonnes per annum.

Department of Natural Resources and Mines. The proposed development involves land that contains mapped native vegetation in relation to a Material Change of Use on a lot that is 5 hectares or larger.

A full copy of the application will be provided to SARA for assessment by all Referral Agencies on receipt of Council’s acknowledgement notice. In addition to the Concurrence Agency assessment referred to above, the application will also be referred to the Department of Environment and Heritage Protection for the approval of an Environmental Authority, as the use involves the establishment of an Environmentally Relevant Activity for ERA 16 – Extractive and Screening Activities. Discussions with the Department of Environment and Heritage Protection and the Department of State Development, Infrastructure and Planning have confirmed that the proposed ERA does not require Concurrence assessment, and therefore does not require referral for Development Approval as a Concurrence Agency for the proposed threshold of works (5,000 tonne to 100,000 tonne per year).

5.0 SOUTH EAST QUEENSLAND REGIONAL PLAN The subject site is contained within the Regional Landscape and Rural Production Area under the Regional Plan. The proposal to operate an extractive industry use on the subject site is not defined as a Urban Activity under the regulatory provisions of the South East Queensland Regional Plan. The proposed Medium Impact Industry Use is defined as an Urban Activity under the regulatory provisions of the Regional Plan, and therefore will be limited to a maximum gross floor area of 750sqm, and no more than 1,500sqm of associated outdoor area consistent with the requirements of Table 2F of the Regulatory Provisions.

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The application for Material Change of Use will therefore not require Referral Agency Assessment under the regulatory provisions.

6.0 STATE PLANNING POLICY On 3 December 2013, the single State Planning Policy (SPP) came into effect. The single SPP replaced specific separate policies with the purpose to simplify and clarify matters of State interest in land use planning and development. In accordance with SPA, an assessment manager must give consideration to any relevant components of the State Planning Policy. There are 16 State interests arranged under five broad themes. Interim development assessment requirements are applicable to the following State Interests:

State Interest Assessment Required

Liveable Communities and Housing Liveable Communities Not Applicable.

The proposed use is for an extractive industry and concrete plant, which is not located in an urban area. In addition, the interim development assessment requirements relating to fire services in developments, do not apply to this proposal.

Housing Supply and Diversity Not Applicable. The proposal is not a residential use and does not relate to the supply of housing. In addition, there are no interim development assessment requirements associated with the state interest for housing supply and diversity.

Economic Growth Agriculture The site is contained in the Rural Zone and the

protection of agricultural land is a relevant consideration in the application. There are no interim development assessment requirements associated with the state interest for agriculture. The Esk Shire planning scheme contains provisions dealing with the protection of agricultural land, which have been addressed within this application.

Development and Construction This State interest seeks to support employment needs and economic growth by facilitating a range of residential, commercial, retail and industrial development opportunities, and by supporting a strong development and construction sector. While the proposed use will support economic growth, and material essential for the development and construction sector, there are no interim development assessment requirements associated with the state interest for development and construction.

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State Interest Assessment Required Mining and Extractive Resources Not applicable.

The site is not identified within the guideline as being within an existing mapped key resource area (KRA) or separation area of a KRA. The outcome sought by the interim development assessment requirements is to ensure that development decisions do not constrain or prevent the future extraction of resources from an identified KRA. The proposed use therefore does not constrain the extraction of resources.

Tourism Not Applicable. The proposal is not a tourism based use, nor does it adjoin any tourist facilities.

Environment and Heritage Biodiversity The subject side contains small areas of land

that are mapped as containing remnant vegetation of State significance. The outcomes sought by the interim development assessment requirements is to ensure that development: (1) enhances matters of state environmental significance where possible. (2) identifies any potential significant adverse environmental impacts on matters of state environmental significance. (3) manages the significant adverse environmental impacts on matters of state environmental significance by protecting the matters of state environmental significance from, or otherwise mitigating, those impacts. The proposal will be assessed against the SDAP module for vegetation management, by the Department of Natural Resources and Mines as a concurrence agency, which will ensure that the objectives of the State Planning Policy are met.

Coastal Environment Not applicable. The site is not located within the coastal management district.

Cultural Heritage Not Applicable. The site is not mapped as containing any areas of cultural heritage significance.

Water Quality The outcomes sought by the interim development assessment requirements is to ensure that development: (1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flows (b) wastewater (other than contaminated

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stormwater and sewerage) (c) the creation or expansion of non-tidal artificial waterways, by demonstrating it complies with the SPP code: Water quality (Appendix 3). For water supply catchments in South East Queensland, the development application is to be assessed against the following requirements: Development: (1) complies with the specific outcomes and measures contained in the SEQWater Development Guidelines: Development Guidelines for Water Quality Management in Drinking Water Catchments 2012, as if: (a) the specific outcomes are the performance outcomes, and (b) the measures are the acceptable outcomes. The development application is to also be assessed against the following requirements: Development: (1) avoids the disturbance of acid sulfate soil (ASS) by:

(a) not excavating or otherwise removing soil or sediment that contains ASS, and (b) not permanently or temporarily extracting groundwater that results in aeration of previously saturated ASS, and (c) not undertaking filling that results in moving ASS below the water table, or

(2) ensures that the disturbance of ASS avoids or minimises the mobilisation release of acid and metal contaminants by:

(a) neutralising existing acidity and preventing the generation of acid and metal contaminants, and (b) preventing the release of surface or groundwater flows containing acid and metal contaminants into the environment

The proposed use will be operated with appropriate water quality control measures in place to ensure that there is no adverse impact on receiving waters. The use will also not involve the disturbance of any potential acid sulfate soils.

Safety and Resilience to Hazards Emissions and Hazardous Activities Not Applicable.

The subject site is not located within a management area

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Natural Hazards, Risk and Resilience The intent of this area of interest seeks to ensure that the risks associated with natural hazards are avoided or mitigated to protect people and property and enhance the community’s resilience to natural hazards The site is not in an area that contains coastal hazards, but is in an area mapped by Council’s planning scheme as having a bushfire hazard and flood hazard. The Esk Shire planning scheme contains provisions dealing with bushfire hazard and flooding, which have been addressed within this application. It is important to note however that the proposed use is not one that would be sensitive to risks associated with bushfires or flooding. It would therefore be considered to be a resilient activity.

Infrastructure Energy and Water Supply Not Applicable.

The proposed use will have no impact on the timely, safe, affordable and reliable provision and operation of electricity and water supply infrastructure.

State Transport Infrastructure The site does not gain access from a State Controlled Road, nor is it within 25m of a State controlled road. It does however involve an extractive industry having a throughput of product greater than 50,000 tonnes per annum. The application will be assessed by the Department of Transport an Main Roads, however it is noted that the intersection of the Brisbane Valley Highway and Gregors Creek Road has been upgraded to cater for a range of activities operating in the surrounding area.

Strategic Airports and Aviation Facilities

Not Applicable. The proposal:

will not encroach into the operational airspace of a strategic airport;

does not involve land within the 20 ANEF contours or greater;

is not within the public safety area of a strategic airport;

is not within the lighting area buffer zone or wildlife hazard buffer zone; and

does not encroach into the building restricted area of an aviation facility.

Strategic Ports Not Applicable. The site is not located in a Strategic Port area.

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7.0 PLANNING SCHEME FOR THE ESK SHIRE 7.1 Strategic Framework The site falls within an area designated as “Rural” on the Esk Shire Structure Plan. While there are no direct statements of intent for the Rural area designation, the broad strategies that summarise the overall effect of Parts 4, 5 and 6 of the planning scheme state in part:

(i) good quality agricultural land, rural landscapes, water and extractive industry resources are identified and protected to ensure that their economic potential is realised in a sustainable manner;

The application seeks to use of the land for Extractive Industry and a concrete batching plant. This land is located in an area that has significant extractive industry resources, which are generally located on poor quality agricultural land. The part of the site where the uses will be located is considered to be poorer quality agricultural land, and is not shown on Overlay Map OM1A as containing any Class A, B or C good quality agricultural land. The use of the land for these purpose is therefore consistent with the strategic framework strategies to ensure the economic potential of this resource is realised in a sustainable manner. The site already has all necessary infrastructure in place to establish the processing, screening and transportation of material, and there is a high demand for the supply of resources to local projects and contractors. The proposed extraction and processing activities will only occupy a small part of the site, and will not affect existing agricultural activities – in particular cattle grazing that is undertaken on the better quality agricultural land on the site. More than 110ha of existing grazing land will be retained on the site and not be affected by the proposed hard rock quarry and concrete plant, which will occupy less than 25ha of land that is currently not used for agricultural purposes. This part of the site where the uses will be located is considered to be poorer quality agricultural land, and is not shown on Overlay Map OM1A as containing any Class A, B or C good quality agricultural land. 7.2 Desired Environmental Outcomes The Desired Environmental Outcomes (DEO’s) for the Esk Shire are contained in Part 3 of the Planning Scheme. The proposal has been assessed against the DEOS’s as follows: (a) The use of the shire’s natural resources is managed on a

sustainable basis to meet the needs and aspirations of the community, and maintain environmental, community and economic values;

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Comment: The site contains deposits of natural resources, including

sand & gravel and hard rock. The proposal seeks to extract resources from the site, in an area that is also characterised by a number of other similar activities, and establish a concrete batching plant that will complement the extractive industry activities on the site. The use will provide for the resource needs of the wider community, and maintain appropriate environmental and economic values that are sought by the planning scheme.

(b) Esk Shire has a sustainable and diverse rural economy with a wide

range of employment opportunities due to the expansion of existing industries in areas such as tourism, regional recreation and the establishment of new economic activities;

Comment: The proposed uses complement the range of rural

activities within the shire, and as with other similar uses, and makes the best use of the natural resources available without adversely impacting other rural activities in the area.

(c) Effective coordination between infrastructure services, land use

planning and economic development activities is achieved, and infrastructure is protected (including transport, water supply and energy corridors) from inappropriate development;

Comment: The proposed uses will not have any adverse impact on

infrastructure services, nor will it compromise any existing infrastructure corridors. The uses will not require the provision of any additional infrastructure to the site, and will utilise existing infrastructure on the site wherever possible.

(d) The natural and scenic attributes of the Brisbane Valley are

managed and protected to maintain biodiversity and ecological processes, and to promote continued economic development and the health and wellbeing of the community;

Comment: The proposed uses will be managed to protect

biodiversity and ecological processes, with use areas to be rehabilitated in accordance with industry best practices and any relevant requirements of Council and/or State agencies. The extraction of resources from the site promotes economic development within the local community, through the creation of employment and supply of necessary resources that may otherwise have to be sourced from other areas.

(e) The natural processes and water quality values of the Brisbane

River and the Shire’s other waterways and their catchments are maintained and enhanced;

Comment: The proposal will not have any direct impact on the

Brisbane River, and all proposed works will be managed to ensure that water quality values are maintained, and appropriate sedimentation control will be implemented throughout the use areas on the site as well.

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(f) Places and landscapes of cultural heritage significance in the Shire

are protected and managed in keeping with the aspirations of the community and the attainment of economic and other benefits; and a high quality built environment is achieved with development consistent with desired local character and sited so as to minimise the potential adverse impacts of flood, bushfire and landslide;

Comment: The site is not known to contain any places or

landscapes of cultural heritage significance. (g) An efficient and compact settlement pattern is achieved for the

Shire that is functional and cost effective while also providing for: - the longer term growth opportunities for the four major towns

of Esk, Lowood, Fernvale and Toogoolawah; - expansion of the villages in very limited circumstances

where it is necessary to accommodate an activity which directly services the surrounding rural community;

A high quality living environment is maintained in the Shire; land resources are used effectively and development is in harmony with the natural surrounding; Comment: The proposal is not for a residential or associated use, and will therefore have no impact on the settlement patterns for the Shire. The use seeks to extract natural resources from the land in a manner that minimises any impact on surrounding land.

(h) Convenient access is achieved to a diversity of housing, services

and facilities in established settlements. Comment: The proposed uses are not located in an area that seeks

to create additional housing or associated facilities. 7.3 Intent of the Rural Zone The Rural Zone description states: “In terms of area, the Rural Zone is the predominant zone within the shire which reflects the significance of rural activities to the economy, character and lifestyle of the Shire.” The majority of the Shire is zoned “Rural”, with the most variety of land use activity centred on Esk, Fernvale, Lowood and Toogoolawah. While there are a number of extractive industries within the Shire, the outcomes for the Rural Zone have not specifically addressed any specific locational or performance standards for this use. The main assessment criteria are therefore contained in the development codes. The land is also identified on Map ZM2A (Rural Zone Precincts), as being contained within the Sub Catchment Precinct. The provisions of the Rural Zone Code have been addressed in the appendix attached to this report.

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7.4 Planning Scheme Overlays The overlay mapping for the Esk Shire Planning Scheme identifies that the land is affected by the following overlays:

Economic Resources Overlay (Good Quality Agricultural Land)

Biodiversity and Scenic Amenity Overlay (Remnant Vegetation)

Catchment Management Overlay (Gregors Creek and Brisbane River)

Natural Hazard Management Areas Overlay (Bushfire Prone Area)

Floodplain Assessment Overlay

The provisions of the corresponding Overlay Codes have been addressed in the appendix attached to this report.

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8.0 PLANNING ISSUES 8.1 Access The site currently gains access from Gregors Creek Road, which intersects with the Brisbane Valley Highway to the south west of the site. The intersection of Gregors Creek Road and the Brisbane Valley Highway has been previously upgraded in accordance with the requirements of Council and the Department of Transport and Main Roads to cater for the previous extractive industry use on the site, as well as additional works that have been undertaken to upgrade the external road network for other extractive industry uses in the surrounding area. The proposal does not exceed the threshold of a previous extractive industry use on the land, and will therefore not increase any impact on the access to the site, which will be sufficient to cater for the use of the site for extractive industry purposes. Parts of Gregors Creek Road was also previously upgraded as part of the previous use of the site and contributions toward further upgrades of pavement width will be made in accordance with the recommendations of the traffic report. It is noted that contributions toward the upgrade of the external road network are also required of other extractive industry uses and approvals. 8.2 Landscaping/Screening The use will maintain an appropriate perimeter buffer to ensure that it does not have any adverse visual impact on adjoining properties. Any additional landscaping of rehabilitation areas will be designed and implemented in accordance with best practice standards. 8.3 Environmental Management All necessary environmental management procedures will be implemented for the site in accordance with the standard Environmental Authority requirements. The proposal will continue to maintain these procedures in accordance with any revised licence issued by the Department of Environment and Heritage Protection, and the recommendations of the attached technical reports prepared by JT Environmental. 8.4 Noise Impact The proposal seeks to manage extraction and processing practices that will generate noise (including blasting), as well as the operation of the concrete batching plant to ensure the operation of the use is managed to minimise any impact on adjoining properties. The recommendations of the Noise Impact Assessment and Site Based Management Plan prepared by JT Environmental will be implemented to ensure any noise impact is managed to appropriate standards.

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8.9 Public Notification The application is subject to Impact Assessment and will be advertised in accordance with the provisions of the Sustainable Planning Act, following commencement of the Notification Stage.

9.0 CONCLUSIONS AND RECOMMENDATIONS The subject application seeks approval for the following uses: (i) Material Change of Use – Development Permit for Extractive

Industry. The Development Permit for Extractive Industry seeks approval to

commence an extractive industry use on the site for the extraction of hard rock material from the eastern end of the site, with a threshold of 5,000 tonne to 100,000 tonne per year.

(ii) Material Change of Use – Development Permit for Medium Impact

Industry The Development Permit for Medium Impact Industry seeks to

establish a concrete batching plant on the subject site within an area having a gross floor area of no more than 750sqm, and no more than 1,500sqm of associated outdoor area.

This site has previously been used for extractive industry purposes, with sand and gravel previously extracted from the site in the 1990’s to supply a number of concrete plants and infrastructure projects. The revised development proposal has significantly reduced the extent of the proposed hard rock extraction, and removed the proposed sand & gravel extraction area from the lower parts of the site near the Brisbane River. The proposed concrete batching plant will have a direct nexus with the extractive industry use, as this will supply raw material for the plant, which reduces the extent of imported materials that would need to be brought to the site. The co-location of these uses is commonplace and logical from a planning point of view, however the concrete plant is also able to operate independently without the extractive industry use. The changes made to this application ensures that all proposed activities are now well separated from surrounding houses and the existing landform will largely screen the use from view, with the only direct views being available from a much smaller number of properties to the west on the opposite side of the Brisbane River. The information contained in this application demonstrates that the proposal is appropriate in this location, will extract valuable resources that are in demand for building and civil construction projects in the region, and will have minimal visual and amenity impact on surrounding properties, as addressed in the attached technical reports.

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The site already contains all necessary infrastructure and is capable of managing the use to ensure there is no adverse impact on adjoining properties. The proposal is therefore worthy of favourable consideration by Council. Should you require any further information regarding this proposal, please do not hesitate to contact me.

Ian Buchanan Planning Consultant

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APPENDIX A - CODES

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Rural Zone Code

Specific Outcomes Probable Solutions Proposal Element (i): Animal Enclosures

SO1 Development of animal enclosures minimises impacts on amenity of surrounding land uses

AS1.1 Animal enclosures and associated structures which impede the movement of native wildlife are setback a minimum of:

50 metres from any existing or approved houses on adjoining properties;

15 metres from any house on the same allotment; and

15 metres from any boundary AS1.2 Bee keeping facilities are set back a minimum of 25 metres from any public road and 200 metres from a residential area and the existence of hives is sign posted at the closest road frontages

Not applicable. The application does not involve animal enclosures.

Element (ii): Sale of Produce

SO2 The display and sale of agricultural produce maintains the amenity, character and safety of rural areas

AS2.1 Any structure used for the sale of produce is:

limited to 20m2 floor area, and

setback a minimum of 15 metres from any allotment boundary

AS2.2 Access to the structure is via the primary property access point AS2.3 Provision is made for the informal parking of 3 vehicles on the allotment. The car parking area may be unsealed but is to be clearly designated for car parking purposes.

Not applicable. The application does not involve the sale of produce.

Element (iii): Ancillary Structures

SO3 Development maintains local character, amenity and public health.

AS3 Any ancillary structures (class 10 buildings) are for non-habitable/domestic use only

All proposed structures are for non-habitable use.

Element (iv): Infrastructure

SO4 An adequate, safe and reliable supply of potable and general use water, including (where available) connection to an approved reticulated system.

AS4.1 Where in a Council water supply area, the development is connected to the Council’s reticulated water supply system OR AS4.2 Where not in a Council water supply area, the development is to have a potable water supply designed and constructed to standards stated in Schedule 3

Not applicable. The land is not in a water supply area. Suitable on-site water storage will be provided for the use.

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SO5 Provision is made for the treatment and disposal of sewerage and other waste water so that acceptable public health and environmental standards (to maintain potable water quality values) are maintained

AS5.1 Where in a sewered area, the development is connected to the Council’s reticulated sewerage system OR AS5.2 Where not in a sewered area an on-site effluent disposal system is designed and constructed to standards stated in Schedule 3

Not applicable. The site is not in a sewered area. New amenities on the site will be provided with an effluent disposal system in accordance with the Standards in Schedule 3 and relevant plumbing legislation.

SO6 Alterations or repairs to public utility mains, services or installations and drainage works are undertaken where involved in or caused by a development

AS6 Alterations or repairs to public utility mains, services or installations and drainage works as required as a result of the construction work

No alterations to utility mains are proposed, however Council’s requirements are noted.

SO7 Electrical infrastructure is protected to ensure its efficient and safe operation

AS7.1 No development is to occur within a registered electricity easement AS7.2 No development is to occur within 4.6m of an electricity line

The proposed use is located outside of registered electricity easements.

Element (v): Waste Disposal

SO8 On-site waste is disposed of in a manner that minimises impacts on surface water/groundwater

PS8.1 All concentrated use areas (e.g. cattle yards, stock feeding areas) are provided with site drainage to ensure all run off is directed to filtration or treatment areas PS8.2 Waste disposal areas are situated where there is no risk of contaminating groundwater or surface water resources, and of size and design to provide for the amount of waste generated on the site PS8.3 Carcasses are disposed of by burial or composting in locations that avoid contaminating water resources or impacting on the amenity of adjoining uses

The use will not generate any significant waste. All waste will be disposed off-site by authorised contractors.

Element (vi): Resource Management

SO9 Development is carried out in a manner that:

prevent salinisation;

maintain water quality; and

minimises other adverse ecological and environmental impacts on the site or the surrounding area

PS9 No probable solution prescribed

The proposed use will incorporate erosion and sedimentation controls to ensure that water quality is maintained and adverse environmental impacts are minimised.

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Element (vii): Character/Landscape/Amenity

SO10 Development in rural areas is compatible with the desired character and amenity of the area, and with the scenic and landscape values of the area

PS10.1 Premises are located so that material and product haulage routes do not pass through residential areas. PS10.2 On-site landscaping is established and maintained so as to:

retain existing native vegetation; and

effectively screen all non-residential buildings, structures and outdoor use areas from view from surrounding roads and dwellings

PS10.3 Important views to or across the site are maintained PS10.4 Disruption to the natural profile of the land and visual scarring from development is minimised PS10.5 Development is designed and located to protect air, water and soil quality

The haulage of extracted material and concrete trucks will not pass through residential areas. The site is located in close proximity to the Brisbane Valley Highway. Landscaping will be established where necessary, although it is noted that the use is well separated from surrounding properties. The proposed extraction area, processing area and concrete batching plant will be largely screened by existing topography. The proposed extraction areas will be rehabilitated in accordance with Council’s requirements in any development permit. The use will be designed and managed to protect air, water and soil quality.

Element (viii): Cultural Heritage

SO11 The significance of known places of indigenous cultural heritage value is retained

PS11 No probable solution prescribed

Not applicable. The site is not known to contain any places of cultural heritage value.

Element (ix): Land Stability

SO12 Land stability is maintained, having regard to:

geological and topographic conditions of the land (including steep slopes);

extent of earthworks;

location and design of roads and access driveways;

location and design of buildings and other structures; and

change to natural drainage patterns

(in partial fulfilment of SO12)

PS12 Vehicular access is safe, with a slope not greater than 20%, and is not likely to cause erosion

The proposed use will use existing haul roads on the site, which are generally level. Any steeper sections will be managed to ensure they do not cause erosion.

Element (x): Infrastructure

SO13 The safe and efficient operation of roads is maintained having regard to:

the nature of vehicles using the road;

the location of uses that may be adversely affected by noise or dust generated from the use of the road;

(in partial fulfilment of SO13)

PS13 Vehicular access is designed and constructed to standards stated in Planning Scheme Policy No. 8

No changes to existing vehicular access to the site from Gregors Creek Road is proposed as part of this application.

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the location and design of access points; and

the design of stormwater drainage

SO14 The street or road network linking a development site to an arterial road must be designed and constructed to function safely and efficiently and have the capacity to accommodate projected traffic movements For a use which generates high volumes of traffic or significant heavy vehicle traffic, paved road access is provided between the site and a suitable part of the existing road network

PS14.1 Streets or roads linking a site to the existing arterial road network have reserve and pavement widths in accordance with the standards stated in Planning Scheme Policy No. 8 OR PS14.2 Contributions are paid to Council for the upgrading of roads external to a site in accordance with Planning Scheme Policy No. 9

Gregors Creek Road is constructed to an appropriate standard for the most part to cater for the use, and the site access is located a short distance to the east of the Brisbane Valley Highway. External roadworks or contributions will be provided in accordance with the recommendations of the attached traffic report.

SO15 Water supply, sewerage and roads are provided to: (i) meet appropriate standards at the least whole-of-life cost, including avoiding unnecessary duplications; (ii) be robust and fit for the purpose and intended period of operation; (iii) be easily maintained without unnecessarily requiring specialist experts or equipment; (iv) be comprised of components and materials that are readily accessible and available from numerous local sources; and (v) be readily integrated with existing systems and facilitate the orderly provision of future systems

PS15.1 Roads, water supply and sewerage works are designed and constructed to standards stated in Schedule 3 and Planning Scheme Policy No. 8 PS15.2 Where connection is made to Council’s reticulated water supply and sewerage systems headworks contributions are paid to Council in accordance with Planning Scheme Policy No. 5

Not applicable. The proposed use does not require the provision of any extensive external infrastructure or services.

SO16 On-site parking accommodates the number and nature of vehicles required to service use on the site

PS16 On-site car parking is provided in accordance with the standards stated in Planning Scheme Policy No. 3

The site is a large property which has sufficient area for the parking of staff and visitors.

SO17 Driveways, turning areas, parking and vehicle standing areas are designed, constructed and maintained: (i) at a gradient suitable for vehicle parking; (ii) such that it is effectively drained and sealed; (iii) such that spaces are clearly marked and signed as appropriate; and (iv) such that conflicts are minimised and public safety maximised (v) such that vehicles enter and exit the site in a forward gear

PS17 Driveways, turning areas, parking and vehicle standing areas are designed, constructed and maintained in accordance with the standards stated in Planning Scheme No. 3

Given the nature of the use, it is not considered that the provision of formalised car parking area will be required in this instance.

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SO18 On-site drainage and stormwater run-off and quality does not adversely affect adjoining land, the downstream stormwater system, or the downstream built or natural environment.

PS18 Design and construction of roof and allotment drainage systems that comply with the requirements stated in Planning Scheme Policy No. 6

Not applicable. The proposal does not involve any uses or buildings that would require new drainage systems or infrastructure.

SO19 Security of tenure for rights to convey and/or discharge stormwater

PS19 Easements provided where drainage system traverse private property

No easements will be required for the proposed use.

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Extractive Industry Code

Specific Outcomes Probable Solutions Proposal

Element (i): Environmental Impact SO1 The extractive industry utilises mitigation measures that minimise any likely adverse impact on ecological and hydrological processes

PS1 No probable solution is prescribed

PS1 The use will be operated in accordance with the recommendations of the attached technical reports to minimise potential environmental impact in accordance with relevant approvals issued by Council and the EPA.

SO2 Development provides for the systematic rehabilitation of the site in a stable condition and landform suitable for appropriate alternative uses

PS2 Demonstrate that the quarries will be operated and managed to ensure that the design and nature of the site upon relinquishment will not: - lead to a stratification of waters

in a form that is not naturally occurring in waters in the locality;

- present a risk migrating headcuts including any potential for accelerated avulsion

PS2 The extractive industry will be managed in a manner that provides for rehabilitation of the site in accordance with relevant Council and EPA requirements.

Element (ii): Amenity and Character SO3

The extractive industry is located in a way that ensures that the visual amenity and character of the area are not unduly prejudiced

PS3 No probable solution is prescribed

PS3 The extractive industry use on the site will continue to ensure that the visual amenity of the area is not prejudiced. The site is located in an area that contains similar extractive industry uses and will be managed to ensure appropriate screening is maintained to adjoining properties.

SO4 The operation of the extractive industry does not compromise public safety

PS4.1 Safety fencing is provided for the full length of the perimeter of the site area and around extractive industry stockpiles and operations

PS4.2 Blasting does not result in materials escaping or being ejected from the site

PS4.3 Prior to any blasting, notices of warning which provide warning to those working on the site and to passers by is erected and kept clearly exhibited on the approaches to, and not less than 400 m from the site of the blasting.

PS 4.1 The site is situated in an isolated area that does not compromise public safety. All existing fencing will be maintained to ensure public safety and security of infrastructure on the site. PS 4.2 The extraction area is well set back from the property boundaries and all blasting will be managed to ensure materials are contained and pose no threat to surrounding properties. PS 4.3 Notification of blasting activities can be provided to residents of surrounding properties if necessary, however it is noted that the proposed extraction area is well set back from the property boundaries.

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Element (iii): Infrastructure SO5 Development provides for the integration of impacts upon the roads used to access the site and vehicular and other movements on the site within the Key Resource Area

PS5 Demonstrate that quarrying activities will be operated and managed to: - provide for riparian access

routes and surface treatment that avoids any potential for erosion of banks or interference with armouring and maintains continuity of riparian corridors;

- ensure that the haul route(s) minimises effects on the amenity;

- ensure that the site can be safely accessed from a public road

PS5 The proposed extraction will be managed to ensure that the riparian corridor is maintained and that banks will not be eroded. The revised proposal has removed all sand and gravel extraction activities from the lower parts of the site that are closer to the Brisbane River. Existing access and haul routes to the site have been previously upgraded in accordance with the requirements of Council and the Department of Main Roads. The proposal will not change the effectiveness of these existing upgrades.

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Economic Resource Overlays Code

Specific Outcomes Probable Solutions Proposal Element (i): Good Quality Agricultural Land

SO1 Development does not reduce the utility and productive capacity of good quality agricultural land in terms of:

farm practices being protected from adjacent uses;

adjacent uses not compromising agricultural operations;

avoiding residential uses encroaching onto agricultural land;

incorporating buffers to adjacent incompatible uses;

defining a boundary between agricultural land and residential areas

PS1.1 Development is not located on land that is or is adjoining good quality agricultural land identified on Map OM1A OR PS1.2 Development only occurs on land identified as good quality agricultural land on Map OM1A that has the following characteristics: - slope >12%; or - soil depth < 0.3m; or - 50% rock (> 200mm in diameter) and does not result in the alienation or fragmentation of GQAL OR PS1.3 Where development is for extractive industry purposes, the site is rehabilitated to a state where its agricultural land class is in the category good quality agricultural land

The proposed use area is on a part of the site that is not mapped as GQAL. More than 100 hectares of existing pasture will be retained on the site and continue to be used for agricultural purposes. The proposed extractive industry use is limited to a steep, rocky part of the site that is not suitable for agricultural activities. The use will not preclude ongoing agricultural activities on the site – in particular cattle grazing. The site will be rehabilitated in accordance with any relevant requirements contained in the development permit. The proposed pit will become a permanent water storage facility, which would complement the ongoing agricultural use of the balance of the property.

SO2 Reconfiguring lots on good quality agricultural land does not result in allotment sizes that result in:

fragmentation of rural lands and loss of land to rural production;

conflict between farming and residential uses;

loss of farming flexibility;

ribbon development along rural roads;

detrimental impacts on areas of ecological and scenic values; or

loss of practical access to extractive and mineral resources

PS2.1 The minimum lot size in the Rural zone is in accordance with Table 1 of the Reconfiguring a Lot code. OR PS2.2 A proposed lot is smaller than that nominated in Table 1 of the Reconfiguring a Lot code and the reconfiguration is:

a boundary realignment that would not create any additional lots and would provide for the implementation of improved land management practices; or

a farm restructuring lot.

Not applicable. No lot reconfiguration is proposed.

SO3 Lot size and dimensions must enable buildings, structures and use areas to be sited to protect the ongoing or future viability of adjoining GQAL for commercial production

PS3 The location of new lots intended for residential purposes complies with State Planning Policy 1/92 and the associated guidelines Separating Agricultural and Residential Land Uses

The proposed use does not incorporate any proposed to create new residential lots.

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Element (ii): Extractive Industry Resources

SO4 Development and land uses adjacent to extractive resources, transport routes and transport investigation areas are compatible with existing and future extractive operations and allow for the winning, processing and transportation of materials in an efficient and sustainable manner

PS4.1 Development on any part of an allotment that includes any part of a key resource area shown on Map OM1B, or adjacent to a transport route or transport investigation area, does not result in a higher concentration of residents than existed prior to the development. PS4.2 Reconfiguring a lot which is any part of an allotment that immediately adjoins a key resource area or transport route, or is wholly or partly within a transport investigation area shown on OM1B, does not result in an increased number of lots PS4.3 Demonstrate with information certified by an appropriately qualified person that the development and ongoing use will not adversely affect or constrain the existing or potential quarry activities PS4.4 Development for residential purposes does not occur within designated transport routes or transport investigation areas on Map OM1B where the transport route is unsealed. PS4.5 Proposed lots do not have access or frontage to a road which is or contains a transport route to a road or potential road in a transport investigation area PS4.6 Buildings used for residential purposes are located a minimum distance of 100 metres from a key resource area or transport route or transport investigation area shown on OM1B

The site is not shown as a KRA on the overlay map, and will not affect the concentration of residential properties in the vicinity of the site. Not applicable. The proposed is not for reconfiguring the land. The use seeks to extract material from the site, which is consistent with the outcomes sought. Not applicable. The development is not for residential purposes. Not applicable. No new lots are proposed. Not applicable. No new residential buildings are proposed on the site as part of this application.

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Biodiversity and Scenic Amenity Overlays Code

Specific Outcomes Probable Solutions Proposal Element (i): Biodiversity Values

SO1.1 Remnant vegetation is protected

AS1 Buildings and associated infrastructure are located a minimum of 20 metres from remnant native vegetation e.g. in an already cleared area, disturbed area with little potential for rehabilitation, weedy area, an area away from important habitat and corridors, and other significant landscape features (e.g. vegetation along waterways)

All new buildings infrastructure (e.g. plant & stockpile area) will be located in existing cleared areas that will not impact on the vegetation mapped on the site, which is contained on Lot 1 RP15328.

Element (ii): Biodiversity Values

SO2 The ecological values of areas identified in the biodiversity Overlay (Map OM2A) must be protected and enhanced

PS2 Vegetation of medium or high biodiversity value identified on Map OM2A is retained

It is not proposed to clear any of the vegetation on Lot 1 RP15328 that is mapped as very high biodiversity significance on the overlay map.

SO3 Viable networks of wildlife habitat are maintained or enhanced

PS3.1 The configuration of retained vegetation will optimise the viability and connectivity of the retained vegetation AND PS3.2 Clearance and/or degradation of remnant native vegetation and other areas of habitat significance, if absolutely unavoidable, are minimised through identification of “no-go” areas within the site boundaries where the development must not occur. These areas are determined as an outcome of any Ecological Assessment Report prepared (refer to SO2)

The majority of the development site contains only sparse areas of vegetation. The vegetation mapped under the overlay has connectivity to areas of more substantial vegetation to the east of the site, and that connectivity will not be affected by the development proposal.

Element (iii): Scenic Amenity

SO4 The visual integrity of significant landscape features is protected (Map OM2B)

PS4 Development within areas identified as having state or regional scenic amenity significance must be compatible with the character and values of the feature

Not applicable. The site is not mapped as having any scenic amenity significance.

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Catchment Management Overlays Code

Specific Outcomes Probable Solutions Proposal Element (i): Vegetation Cover

SO1 The water quality protection values (filtration) of riparian vegetation are protected

PS1.1 No vegetation associated with a watercourse is cleared for development PS1.2 Vegetation is retained and rehabilitated along each side of a watercourse within at least 50 metres of each high bank or (where no identifiable high bank) from the midpoint of a watercourse

The proposal seeks to extract resources from existing cleared areas on the site. There is only a small section of remnant vegetation on the western boundary of Lot 1 RP75267, at the bend in the river. There will be no clearing in this area as a consequence of the proposed use. On completion of the works, rehabilitation of the site will be undertaken in accordance with an approved rehabilitation plan.

Element (ii): Steep or Unstable Land Management

SO2 Development avoids impacts on the chemical and physical fertility of soil through erosion, mass movement, increased salinity or waterlogging

PS2.1 Development is not located on steep slopes (>20%) or on erosion prone areas PS2.2 Vegetation is retained or revegetation occurs in areas identified as vulnerable to mass movement; and on steep slopes (>20%) PS2.3 Buildings, structures, infrastructure (including paths and roads), high activity areas and other works on lands with slopes over 15% are designed and sited so as:

to be positioned along and follow the natural contours;

footings are parallel to the direction of stormwater flows;

natural drainage patterns are retained;

hard surface areas such as paved and roofed areas are minimised;

the length of driveways and roads, and the number of water course crossings is minimised;

slab on ground construction is minimised

The proposed extraction areas contain some sections of steeper land, which is typical of the nature of the proposed use. The works will however be managed to ensure that erosion and sediment control is managed in accordance with best practices to achieve the desired outcomes. The proposed use areas, such as plant & stockpile areas, buildings, manufacturing facility and haul roads are all generally located on land that does not have any significant slope.

SO3 The level of nutrients entering the surface or groundwater system is minimised

PS3.1 In the Town Zone or Village Zone all development not connected to reticulated sewerage is setback at least 100 metres from a watercourse

Not applicable. The site is not located in the Town Zone or Village Zone.

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PS3.2 In the Rural Zone, all development is setback: (i) not less than 100 metres from any watercourse shown on Map OM3B in a category B subcatchment identified on Map OM3B; or (ii) not less than 200 metres from any watercourse shown on Map OM3B in a category A subcatchment identified on Map OM3A; or (iii) not less than 200 metres from the full supply level of Lake Wivenhoe, Lake Somerset, Lake Atkinson and Cressbrook Dam.

The proposed use area and associated facilities will be well set back from the Brisbane River, with the plant & stockpile area being more than 800m from the nearest section of the river.

Element (iii): Stormwater Management

SO4 Stormwater management avoids discharge of waterborne pollutants to watercourses

PS4.1 Stormwater systems are designed to avoid point discharge to a waterbody in a manner or in a location that may cause erosion or a degraded environment at the point of discharge

The proposal will provide on-site treatment of stormwater, and will not result in the concentration of stormwater discharge to the river in a manner that may cause erosion or a degraded environment.

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Natural Hazard Management Areas Overlays Code

Specific Outcomes Probable Solutions Proposal Element (i): Lot Layout

SO1 Where development involves reconfiguring a lot and opening a new road, the road layout must allow easy and safe movement away from any encroaching fire, and provide for alternative safe access routes should access in one direction be blocked in the event of a fire

PS1 The road layout provides for “through-roads” and does not include cul-de-sac and “dead end” roads

Not applicable. The proposal does not seek to reconfigure the existing lot, or create new allotments.

Element (ii): Firebreaks

SO2 Firebreaks must be around and through the development (where appropriate), and must:

have sufficient width to both serve as an effective fire break and allow continuous access for firefighting vehicles; and

be in secure tenure and maintained

PS2 Firebreaks are provided by:

a minimum 20m cleared road reserve located between the development site and surrounding vegetated lands; or

roadways situated around the outside of the development site; or

secure fire breaking trails provided between the development site and surrounding vegetated lands where such trails:

- have a minimum cleared width of 6 metres - have a minimum formed width of 4 metres - have a maximum gradient of 1 in 6 (16%)

are constructed and maintained to prevent erosion and provide continuous access for firefighting vehicles

the use of pre-existing roads and trails where possible is required to reduce environmental and cultural heritage impacts

allow for vehicle access at least every 200 metres; and

provide passing or turning areas at least every 400 metres

The site contains only sparse vegetation, and there are no new permanent buildings are proposed. The proposal will utilise existing buildings wherever possible, plus create new temporary buildings, processing and stockpile areas. The proposal is therefore not one that has a high risk of impact from bushfire, and will not require the establishment of specific firebreaks or buffers.

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Floodplain Assessment Overlay Code

Specific Outcomes Probable Solutions Proposal SO1 Development siting and layout responds to flooding potential and maintains personal safety at all times.

For Material Change of Use

PS1.1 New buildings are:

located outside the overlay area, or;

located on the highest part of the site to minimise entrance of floodwaters; or

designed with elevated habitable floor levels33; and

provided with clear and direct pedestrian and vehicle evacuation routes off the site.

Note: If part of the site is outside the Floodplain Assessment Overlay area, this is the preferred location for all buildings. For Reconfiguring a Lot PS1.2 New lots are:

located outside the overlay area; or

where possible, located on the highest part of the site to minimise entrance of floodwaters.

Note: If part of the site is outside the Floodplain Assessment Overlay area, this is the preferred location for all lots (excluding park or other relevant open space and recreation lots). Note: Buildings subsequently developed on the lots created will need to comply with the relevant building assessment provisions under the Building Act 1975. PS1.3 Road and/or pathway layout provides a safe and clear evacuation path:

if a flood level is adopted, by locating entry points into the reconfiguration above the flood level and avoiding culs-de-sac or other non-permeable layouts; or

by direct and simple routes to main carriageways.

Not applicable. Additional facilities installed for the uses will not need to be provided with specific flood immunity, as the use area is located well above known flood levels. Any equipment being used on parts of the site that could be inundated (e.g. maintenance of the access crossing over the Brisbane River) can be easily relocated during a flood event. Not applicable. The proposal does not include any reconfiguration. The proposed use will implement a management plan that will ensure that all staff leave the site before the access road is inundated in a flood event. Alternate flood free egress is available via a secondary track through the State land to the east of the site, should this ever be necessary in an emergency. This is not a formalised access to the property, but an alternate means of egress that could be used if required in situations where there is risk or danger.

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PS1.4 Signage is provided on site (regardless of whether land will be public or private ownership):

indicating the position and path of all safe evacuation routes off the site; and

if the site contains or is within 100 m of a floodable waterway, hazard warning signage and depth indicators are also provided at key hazard points, such as at floodway crossings or entrances to lowlying reserves.

Appropriate signage will be provided on the site in accordance with Council and Workplace Health & Safety requirements.

SO2 Development is resilient to flood events by ensuring design and built form account for the potential risks of flooding.

For Material Change of Use (Residential Uses) PS2.1 Residential dwellings are not constructed as single storey slab on ground. Note: The highset ‘Queenslander’-style house is a resilient low-density housing solution in floodplain areas. Higher density residential development should ensure only non-habitable rooms (e.g. garages, laundries) are located on the ground floor.

PS2.2 Residential buildings:

use screening to ensure that the understory is not visible from the street; and

orient to the street by ensuring that the stairs to the dwelling and at least one habitable room overlook the street; and

have ground floors that allow for the flow through of flood water.

Note: Commercial activities on the ground floor are acceptable where the ground floor has been specifically designed in accordance with the relevant building assessment provisions to include resilient materials and to be structurally appropriate.

Not applicable. The proposal is not for a residential use.

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For Material Change of Use (Non-Residential Uses) PS2.3 Non-residential uses and structures:

orient to the street by activating the street frontage through ground floor commercial uses or urban design treatments such as recess wall treatments, screening and or landscaping; and

allow for flow through of flood waters on the ground floor.

Note: Businesses should ensure that they have the necessary continuity plans in place to account for the potential need to relocate property prior to a flood event (e.g. allow enough time to transfer stock to the upstairs level of a building or off site). Note: The relevant building assessment provisions under the Building Act 1975 apply to all building work within the Floodplain Assessment Overlay area and must take account of the flood potential within the area. Note: Resilient building materials for use within the Floodplain Assessment Overlay area should be determined in consultation with Council, in accordance with the relevant building assessment provisions.

All structures and processing areas on the site are well set back from the Brisbane River, and will not be affected by inundation.

SO3 Development directly, indirectly and cumulatively avoids any significant increase in water flow, velocity or flood level, and does not increase the potential for flood damage either on site or on other properties.

For Material Change of Use, Reconfiguring a Lot and Operational Works

PS3.1 Works in urban areas associated with the proposed development do not involve:

any physical alteration to a watercourse or floodway including vegetation clearing; or

a net increase in filling. PS3.2 Works in areas other than an urban area either:

do not involve a net increase in filling greater than 50 m3; or

do not result in any reductions of on-site flood storage capacity and contain within the subject site any changes to depth/duration/velocity of flood waters; or

Not applicable. The proposal does not involve any significant filling of the site, and will therefore not reduce any flood storage capacity.

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do not change flood characteristics outside the subject site in ways that result in: - loss of flood storage; - loss of/changes to flow

paths; - acceleration or retardation

of flows; or - any reduction in flood

warning times elsewhere on the floodplain.

The proposal will not result in any loss of flood storage capacity external to the site.

SO4 Development avoids the release of hazardous materials into floodwaters.

For Material Change of Use PS4.1 Materials manufactured or stored on site are not hazardous in nature, or PS4.2 If a flood level is adopted, material manufacturing equipment and containers are located above this level, OR PS4.3 If a flood level is not adopted, material manufacturing equipment and containers are located on the highest part of the site to enhance flood immunity. Note: Refer to the Dangerous Goods Safety Management Act 2001 and associated Regulation, the Environmental Protection Act 1994 and the relevant building assessment provisions under the Building Act 1975 for requirements related to the manufacture and storage of hazardous substances.

The proposed use will not involve the storage of any hazardous materials on land that is flood prone. Should there be a need for the storage of any such materials (e.g. fuel, oil for machinery), it will be located in an appropriately bunded enclosure above the flood line. All manufacturing and processing equipment will be located above the flood level. The only equipment that will operate below the flood level is the transit of vehicles over the river crossing. Refer above.

SO5 Community Infrastructure is able to function effectively during and immediately after flood events.

For Material Change of Use PS5 No probable solution prescribed

Not applicable. The site does not include any community infrastructure.