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Kins Planning Consultants 2

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Kins Planning Consultants 2 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE Acknowledgement I confirm: (a) the factual matters stated in this report are, as far as I know, true; (b) I have made all enquiries I consider appropriate; (c) the opinions stated in the report are genuinely held by me; (d) the report contains reference to all matters I consider significant; (e) I understand the duty owed by experts to the court and have complied with the duty; and (f) no instructions were given or accepted to adopt, or reject, any particular opinion in preparing this further statement of evidence in accordance with Rule 31 of the Planning and Environment Court Rules 2010 . My curriculum vitae is attached as Appendix A . My statement of evidence is attached hereto. STEVEN ROBERT REYNOLDS BRTP MSc (Env Mgt) MPIA STEVEN ROBERT REYNOLDS HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 2 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE Contents 1.0 Introduction __________________________ 6 2.0 Site Characteristics_____________________ 8 2.1 Site Details____________________________________ 8 2.2 Current Use of Site______________________________ 9 2.3 Surrounding Context ___________________________ 10 3.0 Chronology __________________________ 11 3.1 Introduction __________________________________ 11 4.0 Planning Scheme Provisions_____________ 17 4.1 Introduction __________________________________ 17 4.2 1985 Schedule ________________________________ 17 4.3 1988 Strategic Plan ____________________________ 18 4.4 1990 Schedule ________________________________ 19 4.5 1997 Strategic Plan ____________________________ 20 4.6 The Noosa Plan 2006 ___________________________ 21 5.0 Council Interest Prior to the Application ___ 24 5.1 Introduction __________________________________ 24 5.2 Site and Resource Identification___________________ 24 5.3 Securing the Resource for Council _________________ 25 6.0 The Application_______________________ 27 6.1 Introduction __________________________________ 27 6.2 Town Planning Consent Application ________________ 27 6.2.1 Proposed Site and Site Access__________________________ 27 6.2.2 Proposal Description _________________________________ 30 6.2.3 Extraction Area _____________________________________ 31 6.2.4 Request for Additional Information ______________________ 33 7.0 The Approval ________________________ 36 7.1 Introduction __________________________________ 36 7.2 Shire Planner and Shire Engineer’s Reports__________ 36 7.3 Approval dated 21 July 1987 _____________________ 37 7.4 Local Government Court Order ___________________ 38 8.0 Conditions of Approval _________________ 41 STEVEN ROBERT REYNOLDS HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 3 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE 8.1 Introduction __________________________________ 41 8.2 External Roadworks ____________________________ 41 8.3 Management Plan______________________________ 41 8.4 Roadworks Maintenance_________________________ 42 8.5 Progressive Revegetation Roadworks Maintenance ____ 42 8.6 Planning Scheme Compliance_____________________ 42 8.7 Flyrock ______________________________________ 42 8.8 Blasting Hours ________________________________ 43 8.9 Performance Bond _____________________________ 43 8.10 Currency Period _______________________________ 43 8.11 Revocation ___________________________________ 44 9.0 The Readymix Plan ____________________ 47 10.0 History of Commencement ______________ 50 10.1 Introduction __________________________________ 50 10.2 Chronology ___________________________________ 50 10.3 Commencement of Use _________________________ 54 10.4 Abandonment _________________________________ 55 11.0 Council’s Lease of the Quarry ____________ 57 11.1 Introduction __________________________________ 57 11.2 Lease _______________________________________ 57 11.3 Surrender of Lease_____________________________ 59 12.0 Neilsens Plan ________________________ 61 12.1 Background to Neilsens Plan _____________________ 61 12.2 Neilsens Quarry Management Plan_________________ 62 13.0 Public Interest _______________________ 67 13.1 Public Interest ________________________________ 67 13.1.1 Elapsed Time_______________________________________ 67 13.1.2 Council Interest_____________________________________ 68 13.1.3 Strategic Location ___________________________________ 68 13.1.4 State Interest ______________________________________ 69 13.1.5 Reasonable Community Expectations ____________________ 69 14.0 Conclusion __________________________ 71 STEVEN ROBERT REYNOLDS HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 4 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE Figures FIGURE 1 – Location Plan FIGURE 2 – Shepperson Application Cadastral Site Plan FIGURE 3 – Shepperson Application Topographic Map FIGURE 4 – Shepperson Application General Location Plan FIGURE 5 – Shepperson Application Proposed Layout – Information Request Response FIGURE 6 – Readymix Proposed Kin Kin Quarry Layout Plan FIGURE 7 – Nielsen Kin Kin Quarry Layout Plan FIGURE 8 – Readymix and Neilsens Proposed Quarry Layout Overlay Plan FIGURE 9 – Aerial Photograph – 17 September 1989 FIGURE 10 – Aerial Photograph – 17 August 1993 FIGURE 11 – Aerial Photograph – 1 August 1996 FIGURE 12 – Aerial Photograph – 2006 FIGURE 13 – Aerial Photograph – 2008 FIGURE 14 – 1985 Noosa Shire Planning Scheme Zone Map FIGURE 15 – 1988 Noosa Shire Planning Scheme Strategic Plan Map – Preferred Dominant Land Use FIGURE 16 – 1997 Noosa Shire Planning Scheme Strategic Plan: Kin Kin/Cootharaba/Boreen Point Locality Map FIGURE 17 – Noosa Plan 2006 Planning Scheme Strategy Map (Map SM) FIGURE 18 – Noosa Plan 2006 Planning Scheme Boreen Point, Kin Kin, Cootharaba Zone Map (ZM 1) FIGURE 19 – Noosa Plan 2006 Planning Scheme: Boreen Point, Kin Kin & Cootharaba Biodiversity Overlay (Map OM 1.1) FIGURE 20 – Noosa Plan 2006 Planning Scheme: Boreen Point, Kin Kin & Cootharaba Natural Hazard: Landslide and Flooding Overlay (Map OM 1.3) FIGURE 21 – Noosa Plan 2006 Planning Scheme: Boreen Point, Kin Kin & Cootharaba Natural Hazard: Bushfire and Acid Sulfate Soils Overlay (Map OM 1.4) FIGURE 22 – Noosa Plan 2006 Planning Scheme: Boreen Point, Kin Kin & Cootharaba Natural Resources Overlay (Map OM 1.5) FIGURE 23 – North Coast Quarry Location Map Photographs PLATE 1 – Site Panoramas Appendices APPENDIX A – Curriculum Vitae APPENDIX B – Local Planning Policy No. 15: Revocations and Lapsing Periods APPENDIX C – Certificate of Title Extract STEVEN ROBERT REYNOLDS HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 5 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE 1.0 Introduction (1) This statement of evidence addresses the town planning issues that arise with respect to an originating application filed in the Planning and Environment Court (No. D32 of 2010) by Kin Kin Community Group Inc (“Applicant”). (2) The originating application has been lodged against decisions of the Sunshine Coast Regional Council (formerly Noosa Shire Council)(“the Council”) relating to an application by the Second Respondent, John Wallace Shepperson (“Shepperson”) for town planning consent for Extractive Industry over land at 259 Murrays Road, Kin Kin (“the land”), more particularly described as Lot 259 on Crown Plan MCH187, County of March, Parish of Noosa. The decisions of Council, which are the subject of this dispute, are the decisions to approve: (a) the Kin Kin Quarry Management Statement and Development Plan dated July 1991; and (b) the Quarry Management Plan Kin Kin Quarry dated 20 March 2005, pursuant to a town planning consent of the First Respondent dated 21 July 1987 and subsequently varied by an Order of the Local Government Court of Queensland on 13 May 1988 (“the approval”). (3) The Applicant also alleges that: (a) the use of the land for the purpose of an extractive industry, other than in accordance with the approval, is unlawful; and (b) there is no lawful approval for any extension of the term of the approval beyond the term specified in the approval. (4) This report contains a discussion and evaluation of the town planning issues relevant to the approval, the decisions of Council and the issues in dispute set out in the: (a) Originating Application; (b) the parties’ further and better particulars; (c) the Respondents’ Statement of Facts, Matters and Contentions; and (d) the Applicant’s Reply to the Statement of Facts, Matters and Contentions. (5) My statement of evidence is set out in the following way: (a) Chapter 2 describes the land and its context; (b) Chapter 3 provides a chronology of the events relevant to the approved development, the Neilsens Quality Gravels Pty Ltd approval and the issues in dispute; (c) Chapter 4 traces the approved development through the relevant planning scheme from date of lodgement to the present; STEVEN ROBERT REYNOLDS HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS 6 ORIGINATING APPLICATION No. D32 OF 2010 – STATEMENT OF EVIDENCE (d) Chapter 5 examines Council’s interest in the land as an identified potential source of extractive resources prior to Shepperson’s application for town planning consent for an extractive industry operation; (e) Chapter 6 describes the development proposed by Shepperson for the land and the nature and extent of the application for town planning consent; (f) Chapter 7 examines extractive industry permit TPC 1899 dated 21 July 1987, and as varied by Order of the Local Government Court of Queensland dated 13 May 1988; (g) Chapter 8 examines the relevant conditions of approval and their
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