Planning Regulation 2017
sch.6-sec.5Material change of use for off-road motorcycling facility
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sch.6-sec.5 Material change of use for off-road motorcycling facility
A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements— the material change of use protects the environmental values of the premises; the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater; any camping facility on the premises— is designed to ensure the safe movement of pedestrians and vehicles; and is on a part of the premises that allows for the future expansion of the camping facility; and is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility; vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises; vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area; outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises; before the use starts on the premises, the following documents are prepared— an acoustic assessment report; a road and traffic assessment report; an erosion and sediment control plan; all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place; the noise levels generated by the use during operating hours do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land; any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented; on-site parking is provided in accordance with the road and traffic assessment report; service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities; the premises provide access for emergency vehicles or helicopters; any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented; an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated. In this section— acoustic assessment report means a report— prepared by an appropriately qualified person; and stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place. erosion and sediment control plan means a plan— prepared by an appropriately qualified person; and stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use. relevant neighbouring premises means premises that— share a common boundary with off-road motorcycling facility land; and either— contain a dwelling built before 15 October 2010; or are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010. relevant noise sensitive place means a noise sensitive place that— was built before 15 October 2010; or is the subject of an effective development approval given before 15 October 2010. road and traffic assessment report means a report— prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and stating details of— the impact of the use on traffic and measures for addressing the impacts; and proposed on-site vehicle parking and vehicular access to and from the premises. (sch.6-sec.5-ssec.1) A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements— the material change of use protects the environmental values of the premises; the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater; any camping facility on the premises— is designed to ensure the safe movement of pedestrians and vehicles; and is on a part of the premises that allows for the future expansion of the camping facility; and is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility; vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises; vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area; outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises; before the use starts on the premises, the following documents are prepared— an acoustic assessment report; a road and traffic assessment report; an erosion and sediment control plan; all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place; the noise levels generated by the use during operating hours do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land; any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented; on-site parking is provided in accordance with the road and traffic assessment report; service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities; the premises provide access for emergency vehicles or helicopters; any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented; an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated. (sch.6-sec.5-ssec.2) In this section— acoustic assessment report means a report— prepared by an appropriately qualified person; and stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place. erosion and sediment control plan means a plan— prepared by an appropriately qualified person; and stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use. relevant neighbouring premises means premises that— share a common boundary with off-road motorcycling facility land; and either— contain a dwelling built before 15 October 2010; or are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010. relevant noise sensitive place means a noise sensitive place that— was built before 15 October 2010; or is the subject of an effective development approval given before 15 October 2010. road and traffic assessment report means a report— prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and stating details of— the impact of the use on traffic and measures for addressing the impacts; and proposed on-site vehicle parking and vehicular access to and from the premises.