Department of National Parks, Sport and Racing. Providing Opportunities for Off-Road Motorcycling. A Guide for Local Governments

Transcription

1 Department of National Parks, Sport and Racing Providing Opportunities for Off-Road Motorcycling A Guide for Local Governments

2 Published by: Queensland Government Date of Publication: February 2012 Republished: May 2015 Copyright Queensland Government, Department of National Parks, Sport and Racing, Sport and Recreation Services This publication is copyright. Other than for the purposes and subject to conditions prescribed in the Copyright Act 1968 (Commonwealth), no part of it may in any form or by any means (electronic, mechanical, micro copying, photocopying, recording of otherwise) be reproduced stored in a retrieval system or transmitted without prior permission. Enquiries should be addressed to the publishers. The Preliminary Trail Bike Noise Planning Policy at Appendix 3 is provided with permission from Parsons Brinckerhoff Australia Pty Ltd. Enquiries Department of National Parks, Sport and Racing Sport and Recreation Services Level 8, 111 George Street Brisbane Qld 4000 Phone: Fax: #30817 Disclaimer Every effort has been made to ensure that the information contained in this document was correct at the time of publication. However, the document is provided on the condition that the department is not rendering legal, planning or professional advice. Local Authorities must take their own professional advice upon the issues raised, and should not rely upon the information contained or omitted from this document.

3 Contents Executive Summary...2 Introduction...3 Rationale and Purpose...4 Rationale...4 Purpose...4 Providing Opportunities for Off-road Motorcycling...5 State and regional factors...5 State Planning Instruments...5 Regional Plans...5 State Planning Regulatory Provisions...5 Off-road motorcycling-specific state planning instrument...5 State Planning Regulatory Provisions: Off-road motorcycling facility on state-owned land at Wyaralong...5 Local Government s Role in Off-road Motorcycling...6 Policy and provisions for off-road motorcycling...6 Local government planning schemes...6 Planning Scheme Amendment Process...7 Local laws...7 Queensland Planning Provisions Definitions...8 Finding and Protecting Sites...8 Finding off-road motorcycling sites...8 Protecting off-road motorcycling sites...9 Zones and Overlays...9 Actions other than planning scheme matters to provide and protect sites...10 Development Approval Assessment...10 Development assessment criteria (Codes)...10 Coroner s recommendations Noise Policies Conclusion...12 List of Abbreviations and Acronyms...13 Bibliography...13 Appendix 1: Off-road motorcycling disciplines and definitions...14 Appendix 2: Example Motorsport Activity Code...16 Appendix 3: Council of Mayors (SEQ) Preliminary Noise Planning Policy...23 February

4 Executive Summary This guide provides background information for local governments on issues associated with off-road motorcycling and the appropriate provision of opportunities for this activity. The Crime and Misconduct Commission s report: Sound Advice: A review of the effectiveness of police powers in reducing excessive noise from off-road motorbikes found that the current enforcement scheme established under the Police Powers and Responsibilities Act 2000 (PPRA) is not responsive to the nature of the problem and the report recommended an holistic approach to managing off-road motorcycling. Local governments have a vital role to play in the management of off-road motorcycling at the local level, including the identification of land and the provision of sites for off-road motorcycling. This guide provides information about off-road motorcycling with the intention of assisting local governments to appropriately plan for, and manage off-road motorcycling in their areas. The information in the guide is offered as a resource for local governments to consider and use as appropriate for their local needs. This guide offers advice regarding: how planning scheme elements may accommodate hard-to-locate activities including off-road motorcycle riding other actions local governments can take to support safe and legal off-road motorcycle riding components which local governments may consider for inclusion in the planning scheme, such as -- temporary use and motor sport facility definitions contained within the Queensland Planning Provisions -- an example code for assessing motor sport-related development applications. The guide also provides information for local governments relevant to the: identification of areas suitable for off-road motorcycle riding protection of identified areas from incompatible land uses preparation of assessment criteria for off-road motorcycle riding facilities, including noise. The Council of Mayors (SEQ) Trail Bike Taskforce, in collaboration with the Queensland Government, has developed an exemplar Motorsport Activity Code to provide consistent, clear direction on criteria an off-road motorcycle riding facility may be assessed against (see Appendix 2). Where off-road motorcycling facilities are approved, or already exist, local governments should consider applying development criteria in the surrounding area to prevent conflict with sensitive land uses, either by preventing encroachment by sensitive land uses or requiring the implementation of noise mitigation measures in new developments. Clear policy articulation regarding the treatment of off-road motorcycle riding facilities within planning schemes will help ensure certainty for stakeholders a key ingredient in reducing potential for community conflict. 2 Providing opportunities for off-road motorcycling

5 Introduction Off-road motorcycling includes recreational and competitive activities on two, three and four wheeled motorcycles. Descriptions of off-road motorcycling diciplines are in Appendix 1. Although many disciplines of off-road motorcycling take place off-road, recreational off-road motorcycling by licensed riders on registered bikes may be undertaken in areas deemed to be roads by the Transport Operations (Road Use Management) Act 1995, such as roads or tracks through national parks, state forests and forest reserves. Unlicensed riders and riders on unregistered bikes, can only legally ride on private property (with permission), at commercial motor sport or off-road vehicle parks and at specific facilities operated by clubs. To achieve realistic, viable and sustainable outcomes, the Queensland Government, in partnership with the Council of Mayors (SEQ) and the Taskforce, has completed or is implementing a series of strategies to: investigate, report and enhance the planning and development processes for off-road motorcycle facilities and events perform detailed market evaluation studies to help inform safe and legal riding options actively facilitate the development of off-road motorcycle facilities and events in partnership with stakeholders. This guide focuses on measures to enhance the planning and development processes for off-road motorcycle facilities and events. According to a 2007 study1, around 11 per cent of the south east Queensland (SEQ) population aged 15 and over (or 233,076 people) participated in recreational off-road motorcycle riding at least once a year, with a median frequency of five times a year potentially translating to over 1,150,000 activity events annually in SEQ alone. Participant numbers increased by roughly half over theperiod since the 2001 SEQ Outdoor Recreation Demand Study, with the frequency of participation also increasing. To address the increased participation numbers the Council of Mayors (SEQ) established a Trail Bike Taskforce (the Taskforce) in November The Taskforce undertook a three-year program towards providing safe and legal options for off-road motorcycle riding in SEQ. In October 2010, the Council of Mayors (SEQ) established SEQ Regional Recreational Facilities Pty Ltd, which will continue to support this work following the closure of the Taskforce in November Some natural landscape features lend themselves to motorcycle trials. 1 Queensland Government, 2008 February

6 Rationale and Purpose Rationale On 15 April 2010, the Crime and Misconduct Commission (CMC) released Sound Advice: A review of the effectiveness of police powers in reducing excessive noise from off-road motorbikes (the CMC report). Amongst other things, the CMC recommended a series of enforcement strategies that are responsive to the characteristics of the problem. Local government has a vital role to play in the management of off-road motorcycling at the local level and this guide offers information to assist local governments to fulfil that role. Purpose This guide aims to assist local governments to accommodate off-road motorcycle riding in planning schemes and better manage the activity. The guide offers advice regarding: accommodating hard-to-locate activities including off-road motorcycle riding components which local governments may consider for inclusion in planning schemes, such as: -- temporary use and motor sport facility definitions contained within the Queensland Planning Provisions -- an example code for assessing motor sportrelated development applications Recreational trail riders on roads in forests or national parks should be licensed and ride road registered bikes. other actions local governments can take to support safe and legal off-road motorcycle riding. The guide also provides information for local governments relevant to the: identification of areas suitable for off-road motorcycle riding protection of identified areas from incompatible land uses preparation of assessment criteria for off-road motorcycle riding facilities, including noise. 4 Providing opportunities for off-road motorcycling

7 Providing Opportunities for Off-road Motorcycling State and regional factors State Planning Instruments At a state-wide level, various instruments under the Sustainable Planning Act 2009 (SPA) are relevant to the provision of opportunities for off-road motorcycling. Regional Plans Policies and principles identified in regional plans should be reflected in planning schemes and associated amendments. Examples of policies or principles within regional plans that support the provision of facilities and sites for off-road motorcycling include: Part D, Section 3.7, Outdoor recreation within the SEQ Regional Plan specifies that a variety of outdoor recreation opportunities are to be provided to meet the needs of the community through (3.7.1) incorporating outdoor recreation activities, infrastructure and opportunities in planning and management for land use, priority infrastructure and natural resources. Part E, Section 3.2 Social Infrastructure, within the Far North Queensland Regional Plan refers to the importance of community facilities that can help individuals, families and communities meet their social needs and enhance wellbeing, including open space and sport and recreation facilities. Off-road motorcycling-specific state planning instrument State Planning Regulatory Provisions: Off-road motorcycling facility on state-owned land at Wyaralong 4 These regulatory provisions only apply to the state-owned land set aside at Wyaralong for the development of a regional off-road motorcycling facility and to land within a noise attenuation zone surronding the facility. The provisions regulate: the development of the facility for off-road motorcycling development that is a material change of use for a new noise sensitive place, on land within a noise attenuation zone surrounding the facility. In addition to containing a code to guide the development of a facility, similar to the example code provided at Appendix 2, the State Planning Regulatory Provisions for Wyaralong identify a noise attenuation zone surrounding the facility. Specific construction requirements linked to the Queensland Development Code apply to any noise-sensitive development within this zone, if its location experiences noise levels above a specified threshold. State Planning Regulatory Provisions State planning regulatory provisions linked to regional plans also apply to off-road motorcycling facilities. For example, under the regulatory provisions within the SEQ Regional Plan , if a development proposal includes provision for camping grounds, the number of campers accommodated will be limited by the regulatory provisions affecting short term accommodation. 2 South East Queensland Regional Plan , Part D, Page 66 3 Far North Queensland Regional Plan , Part E, Page 61 Local governments can adjust their planning schemes to enable temporary off-road motorcycling events on private properties. 4 Queensland Government, 2010: recreation/trail-bike/wyaralong.html February

8 Local Government s Role in Off-road Motorcycling The effective management of off-road motorcycling is a responsibility shared by state and local governments. Local government has a primary role in enabling the establishment of safe and legally compliant places for off-road motorcycling in the community and in finding a positive approach to managing the activity in a manner which has benefits for all. Local government also has an important role in minimising nuisance behaviour. Local government s role includes: planning for the provision of sites and protection of existing sites through the application of appropriate policy and planning instruments identification of sites, similar to the role played by local government in the provision of sites for other sport and recreation activities approval of development applications to enable the construction of facilities enforcement of local laws applying to use of motorcycles on public and/or private land. Policy and provisions for off-road motorcycling Most urban local government areas are experiencing issues related to the growth in off-road motorcycle usage. To address this growth, an explicit statement of intent regarding the accommodation of off-road motorcycling in appropriate locations within a local government area gives the community a clear indication of council policy and lays a foundation for minimising local off-road motorcycle impacts over time. Adopting a proactive approach to off-road motorcycle issues has the potential to: help service increasing demand for off-road motorcycle riding sites assist in providing a diversity of outdoor recreation activity provide economic benefits to local communities create strong stakeholder partnerships for the preservation and management of natural resource values in motorised recreation areas promote responsible off-road motorcycle riding enhance participant safety protect sensitive areas reduce social conflict reduce demand for reactive law enforcement. Such a policy position should have regard to community consultation and preliminary investigations of zoning issues and the like. Off-road motorcycle riding may be appropriate within Recreation and Open Space, Sport and Recreation, Open Space, Community Purposes or Rural zones. Local government planning schemes A local planning scheme s strategic framework establishes the policy position for ensuring appropriate development occurs within the planning scheme area. Strategic outcomes express the planning scheme outcomes sought by the state and local government for each element identified for each theme in the strategic framework. Strategic outcomes should be reviewed for their adequacy in addressing the community s overall recreation needs, including off-road motorcycling. Local governments should consider planning scheme provisions to explicitly address off road motorcycling where: frequent and dispersed illegal off-road motorcycle riding activity is identified suitable land may be available a planning scheme review highlights the desirability of designating and protecting areas suitable for off-road motorcycle activities, and/or such a land use purpose is consistent with strategic planning directions. A planning scheme policy could also support development code criteria, for example, by clarifying the information a local government might request from an applicant and could incorporate detail that would be overly prescriptive or technical in the code itself. However, it is recognised that some local governments may not need to adopt this policy approach where, for instance: the local government area is highly urbanised with little available open space that is suitable for off-road motorcycling the area has not experienced and is unlikely to experience issues with off road motorcycle riding, or the planning scheme is sufficiently flexible to accommodate off-road motorcycle facility development. 6 Providing opportunities for off-road motorcycling

9 Off-road motorcycling requires buffering from sensitive uses such as residential development. Local governments should consider both the location and subsequent protection of off-road motorcycling from incompatible uses. In particular, facilities that are initially separated from incompatible uses should be protected so that they are not subsequently threatened by encroachment. Buffering between recreational activities and other land uses can include the use of: constructed barriers, such as sound barriers, earth mounds or buildings natural barriers, such as topography or vegetation distance, for example, the use of a buffer zone. An example of this is the use of a noise attenuation zone around the land for the Wyaralong off-road motorcycling facility 5. In this example, requirements for noise-sensitive developments within the noise attenuation zone are linked to specific criteria in the Queensland Development Code. 5 State Planning Regulatory Provisions: Off-road motorcycling facility on State owned land at Wyaralong available at: Planning Scheme Amendment Process Proposals to amend the planning scheme to incorporate off-road motorcycle riding activities should be compatible with planning scheme structure and integrate horizontal and vertical planning scheme elements. Statutory Guideline 04/14 Making or amending local planning instruments may be accessed at statutory-guidelines-for-planning.html The preparation or amendment of planning schemes should also be informed by referring to the Queensland Planning Provisions (QPP). These are the standard planning scheme provisions under the SPA, that provide a consistent format and structure for local government planning schemes across Queensland. Local laws Local governments can regulate riding on private property. The combination of appropriate planning provisions for off-road motorcycling and effective use of local laws to regulate riding in inappropriate locations can enable local governments to accommodate their communities participation in this activity while also proactively preventing it from becoming a nuisance for other community members. The Queensland Government recognises that the adoption of a local law by a local government is voluntary. However, in circumstances where the riding of off-road motorcycles on private property creates a community concern, a local law may be an effective tool to regulate riding on private property in a way that is responsive to local issues and concerns. Section 28 of the Local Government Act 2009 (LGA) provides local governments with the power to make and enforce any local law that is necessary or convenient for the good rule and local government of its local area. A local government s power to make a local law is limited by section 27 of the LGA or, for Brisbane City Council, section 28 of the City of Brisbane Act 2010, which provide that where there is an inconsistency between the local government law and the laws of the state, the state legislation prevails to the extent of the inconsistency. Areas suitable as permanent or temporary sites for off-road motorcycling include agricultural areas. February

10 The Police Powers and Responsibilities Act 2000 (PPRA) regulates excessive noise from off-road motorcycles. While the PPRA does not preclude local laws from regulating off-road motorcycle noise, the Queensland Government is investigating the option of amending the PPRA to clarify a power for local governments to establish local laws for this purpose. Currently, a local law would need to address issues other than noise. For example, in the case of private land, a local law might seek to regulate dust nuisance through controlling the numbers of riders. On land managed by the local government, a local law regulating off-road motorcycling may be used to manage risks to public safety or conflicts with other intended uses of the land. Queensland Planning Provisions Definitions 6 The QPP are the standard planning scheme provisions made under the Sustainable Planning Act 2009, that provide a consistent format and structure for local planning schemes, including the use of standard use definitions and administrative definitions. The motor sport facility land use definition in the QPP provides for Premises used for organised or recreational motor sports whether on or offroad, which may include permanent, temporary or informal provision for spectators and other supporting uses, and includes go-karting, lawn mower race tracks, trail bike parks, 4WD and all terrain parks, motocross tracks, off-road motorcycle facility, motorcycle or car race tracks. This definition reflects considerations such as: off-road motorcycle riding activities can vary in nature, scale and intensity off-road motorcycle riding is commonly associated with specific impacts and issues more significant than more passive uses that might be encompassed in a general Outdoor sport and recreation definition. The QPP also includes a definition of Temporary Use in its suite of administrative definitions, providing for a use that is impermanent and may be irregular or infrequent that does not require the construction of a permanent building or the installation of permanent infrastructure or services. This category is particularly useful in providing for large, infrequent events, including off-road motorcycling events, that could bring significant economic benefits to the local community. Within a suitable zone, such use could be designated self-assessable or even exempt development as a limited number of events per year may have minimal site and community impacts, and such use therefore does not need to be highly regulated. While administrative definitions in the QPP do not have land use meanings, they assist with the interpretation of the planning scheme. For example, the administrative definition for buffer is: An area of the land including waterways, required for maintaining separation distances: between different land uses, or from a major noise source, or from a conservation area or a public recreation area, or from a wetland or waterway. Finding and Protecting Sites As is the case for other community sport and recreation activities, local government should be the primary party that identifies and assesses the suitability of sites for off-road motorcycling. Not all local governments will be in a position that either requires or enables the allocation of land for off-road motorcycling. Furthermore, off-road motorcycling may be difficult to locate due to its noise impacts and the possibility of community opposition. Finding off-road motorcycling sites A number of key characteristics may contribute to the suitability of areas for off-road motorcycle riding. Appendix 1 includes a description of some of the site qualities required for different disciplines of off-road motorcycling. Size The area should be sufficiently large to accommodate off-road motorcycle uses, as well as future redesign or expansion. The site should incorporate buffer areas for the mitigation of noise and dust emissions. As a guide, the required area may vary from approximately 50 to 400 hectares, depending on the type of off-road motorcycle use. 6 The definitions cited here are from Version 3.0 of the draft Queensland Planning Provisions. 8 Providing opportunities for off-road motorcycling

11 Location and Land Use Context Areas should preferably display a land use context consistent with off-road motorcycling uses. This may include certain agriculture types, industrial uses and landfill sites. Off-road motorcycle areas must be sufficiently separated from more sensitive land uses such as residential development, community facilities, ecological reserves with high conservation values and some commercial development, including retail development. Buffering treatments (for example earth mounds, fencing and landscaping) may be required to mitigate impacts of off-road motorcycle riding on sensitive land uses. A noise policy framework for off-road motorcycle facilities and a basic screening methodology are detailed later in this document. Physical Characteristics Characteristics suitable to off-road motorcycle riding may include: topographic features limiting noise and providing a visual barrier prevailing winds which limit the transmission of noise, dust and fumes to adjacent sensitive areas public road access sufficient for construction purposes and expected traffic volumes safe and efficient entry and exit points adequate for peak operation and emergency vehicle purposes vegetation that may provide visual barriers, shade, use separation and dust containment, but may be selectively cleared for safety purposes soils resistant to erosion and dispersion low probability of flooding features negating the need for excessive site modification such as through earthworks, clearing and major infrastructure upgrades. Persistent noise and dust resulting from off-road motorcycling generate complaints from nearby residents. Protecting off-road motorcycling sites Where off-road motorcycling facilities are approved, or already exist, local governments should also consider applying development criteria in the surrounding area to prevent conflict with sensitive land uses, either by preventing encroachment by sensitive land uses or requiring the implementation of noise mitigation measures in new developments. The State Planning Regulatory Provisions: Off-road motorcycling facility on state-owned land at Wyaralong 7 provide an example of requirements which could be incorporated into development criteria for areas surrounding off-road motorcycling facilities. Zones and Overlays Zones The QPP provide a standard suite of zones. Potentially suitable zones for off-road motorcycling could be Recreation and Open Space, Sport and Recreation, Open Space, Community Purposes or Rural. 7 Queensland Government Available at: February

12 Overlays A standard suite of overlays is included in the QPP from which local governments can choose appropriate overlays that reflect their local contexts. A local government may propose additional overlays to reflect local circumstances (such as a buffer overlay surrounding an existing off-road motorcycle track) provided the overlay does not duplicate or conflict with the standard suite. The use of an overlay defining a buffer area around an off-road motorcycle facility could ensure that development that may be sensitive to off-road motorcycle impacts is appropriately assessed when proposed in close proximity to off-road motorcycle uses. Criteria for such developments could include the use of noise mitigation measures such as building materials that reduce internal noise impacts, This should avoid the occurrence of development unsuitable in proximity to an off-road motorcycle facility. Actions other than planning scheme matters to provide and protect sites Other actions local governments could undertake, additional to the planning scheme, which could assist in the provision of suitable, community based and supported off-road motorcycle riding facilities could include: public relations material identifying legal venues financially supporting public or private organisations to identify, acquire and develop suitable sites in the local government area or neighbouring local government areas partnerships with Motorcycling Queensland, other industry organisations and clubs to promote longevity of off-road motorcycle riding facilities partnerships with community groups to identify illegal off-road motorcycle activity hot spots, thus supporting compliance actions public/private partnerships or other ownership models for new off-road motorcycle facilities. Development Approval Assessment Development assessment criteria (Codes) The Council of Mayors (SEQ) Trail Bike Taskforce, in collaboration with the Queensland Government, developed an exemplar Motorsport Activity Code to promote a consistent, clear direction on criteria an off-road motorcycle riding facility may be assessed against. This code is not intended to be a mandatory code in the QPP, but may become an approved addendum to the QPP, to facilitate consistency for local governments on an as-needs basis. The exemplar Motorsport Activity Code can be found at Appendix 2. The code s purpose is to ensure that facilities are designed and located to protect environmental values, to protect personal health and safety of the community, to be of a scale, form and intensity appropriate to the zone, to not adversely impact on the amenity of the surrounding area, and not adversely impact on the road network. Accommodating off-road motorcycling in a community generates economic benefits. 10 Providing opportunities for off-road motorcycling

13 Coroner s recommendations On 2 May 2008, the State Coroner handed down findings on two deaths from separate incidents at an off-road motor sport facility in June 2005 and January The Coroner recommended actions intended to ensure that development approvals for outdoor recreation facilities would require continuing membership of an appropriate outdoor sport or recreation body as a condition of approval. As an alternative, the Coroner recommended compliance with a relevant Adventure Activity Standard as a pre-condition to development approval. The Department of National Parks, Sport and Racing recommends that local governments seek to have facility operators affiliated with an appropriate industry body, such as Motorcycling Queensland, which implements a range of rules, regulations and risk management practices to promote safe and enjoyable riding. The most relevant Adventure Activity Standards are the Trail Bike Touring Adventure Activity Standards 8 which are intended for leaders of trail bike tours. While these are not relevant as a compliance requirement for development applications, they include advice on matters that are equally important for facility operators, such as having risk management and emergency management procedures in place. Noise Policies In 2009, Council of Mayors (SEQ) commissioned Parsons Brinckerhoff Australia Pty Ltd to develop a noise policy framework for off-road motorcycle facilities. The Preliminary Trail Bike Noise Planning Policy, released to Council of Mayors (SEQ) in November 2009, is provided at Appendix 3 with permission from Parsons Brinckerhoff Australia Pty Ltd. The preliminary policy details technical requirements for ensuring acceptable noise emission levels, provides a standard for modelling noise and includes a methodology for demonstrating noise emission compliance. The policy also contains a basic screening methodology for determining whether a site may be suitable from a noise perspective. For example, Figures 3.1 and 3.2 in the policy provide a visual outline of whether a proposed development is likely to meet established noise criteria when considering site specifications, rider numbers and sensitive receptor positions. Motorcycling Australia (MA) also regulates noise emissions for motorcycles involved in competition and recreational use. Specific noise emission standards are detailed in MA s Manual of Motorcycle Sport, which can be accessed from MA s website at 8 Available at: February

14 Conclusion The benefits of a comprehensive approach to addressing off-road motorcycle riding in planning schemes include: a robust and transparent planning scheme that provides clarity to both applicants and council officers sustainable development outcomes satisfaction of community expectations and concerns adequate provision for facilities accommodating off-road motorcycle needs. Clear policy articulation regarding the treatment of off-road motorcycle riding facilities within planning schemes will help ensure certainty for stakeholders a key ingredient in reducing potential for community conflict. Further information regarding the planning process may be obtained from the Department of Infrastructure, Local Government and Planning s website at 12 Providing opportunities for off-road motorcycling

15 List of Abbreviations and Acronyms CMC Crime and Misconduct Commission FNQ MA Far North Queensland Motorcycling Australia PPRA Police Powers and Responsibilities Act 2000 QPP SEQ Queensland Planning Provisions South East Queensland SPA Sustainable Planning Act 2009 Bibliography Council of Mayors (SEQ), 2009, Market Evaluation of Trail Bike Riding. Department of Communities, 2010, State Planning Regulatory Provisions: Off-road motorcycling facility on State owned land at Wyaralong. October 2010 Department of Infrastructure and Planning, 2009, Far North Queensland Regional Plan Department of Infrastructure and Planning, 2009, South East Queensland Regional Plan Department of Local Government and Planning, 2011, draft Queensland Planning Provisions Version 3.0, October 2011 Department of Sustainability and Environment, 2009, Trail Bike Market Research 2009 Environmental Protection Agency, 2008, Environmental Protection (Noise) Policy 2008 Queensland Government, 2007, South East Queensland Outdoor Recreation Demand Study 2007 Queensland Government, 2008, Outdoor Recreation Trends in South East Queensland between Motorcycling Australia, Manual of Motorcycle Sport 2011 February

16 Appendix 1: Off-road motorcycling disciplines and definitions The 10 disciplines of off-road motorcycle riding including recreational and competitive activities and their land requirements, are listed below: Discipline Activity type Definition Motocross and Classic motocross Supercross Speedway and Classic speedway Dirt track and Classic dirt track Observed trials Club/ competitive/ recreational Club/ competitive Competitive Club/ recreational Competitive/ recreational Racing on formed, purpose-built tracks shaped from natural terrain or using imported fill. Tracks are usually between 1400 m and 2500 m in length. Motocross is one of the most physically demanding forms of motorbike sport. Specialised motocross bikes are required. Classic motocross uses motorbikes built before 1985 tracks are modified to suit older motorbikes. Supercross is a condensed form of motocross conducted in both indoor stadiums and outdoor venues. Includes larger, more demanding jumps. Spectatorfocused. Usually commercially organised. Competitive racing on speedway bikes with no brakes and only simple suspension, travelling in one direction on a fully-fenced, oval dirt circuit, including both solo and sidecar racing. Length of track varies with the level of the competition. Racing is conducted on closed, flat tracks of various shapes with left and right hand turns, of approximately 1800 m in length. The track surface can be graded dirt or grass. Classic dirt track uses motorcycles built before In observed trials, speed is not an important factor. Rather, competitions demonstrate the riders skill in conquering various types of difficult obstacles, including steep hills and boulders, without stopping or allowing their feet to touch the ground. Typical observed trials machines are light and nimble, usually with minimal seat padding. Enduro riding Competitive Longer distance, cross-country racing on trails incorporating fast open sections and tight bush sections. Usually requires roadregistered motorcycles. Area of land required Small (1) to medium (2) land area with flat to moderately sloping terrain, on a built track. Small land area with flat to moderately sloping terrain, on specially built jumps. Small to medium, flat land area, on a built track. Small to medium, flat land area, on a built track. Small land area with undulating topography and various trail surfaces (rock, dirt, water), on natural terrain. Large (3) land area with varying topography, including flat and sloping sections, on tracks formed for other purposes. 14 Providing opportunities for off-road motorcycling

17 Discipline Activity type Definition Recreational trail riding Recreational Medium to long-distance, off-road riding with a focus on exploration and enjoying the landscape in some applications on a road-registered motorcycle. This discipline often includes accessing roads (both sealed and unsealed/unformed) as well as tracks through bush and forests. Freestyle Competitive Commercially organised including very demanding jumps and trick obstacles. Indoor or outdoor venues. Spectator focused. Minikhana Educational/ recreational Organised competition on uncomplicated trails of varying length and course type for juniors. Uses small, lower-powered motorcycles for younger riders. Supermotard Competitive Supermotard is conducted on circuits of between 800 m and 1700 m in length. The circuits consist of a bitumen section and a dirt section. The ratio of sealed surface to dirt usually varies between 70:30 and 80:20. The dirt section may also have small jumps but is basically a smooth surface. This discipline can be conducted on road race tracks. Uses off-road motorbikes or motocross bikes that usually have road bike wheels and brakes, fitted with lowered suspension. The races are short with the emphasis on heavy braking and sliding into tight corners. Area of land required Large land area with varying topography. Long, linear trails on public roads, tracks. Small, flat land area, using specially built jumps. Small, flat land area. Small to medium area of land, on built tracks. (1) Small = up to approximately 50 ha (2) Medium = approximately 50 ha to 400 ha (3) Large = > 400 ha For the competitive disciplines to operate under Motorcycling Australia s authority, most also require specially designed and built tracks. Motorcycling Queensland provides all relevant information, although enduro and observed trials have no written standards and rely on tracks formed for other uses such as forestry haul roads, fire breaks and walking paths. Source: Strategic Leisure Ltd, May 2002, Gold Coast City Council Planning Principles for Off-Road Motorcycles February

18 Appendix 2: Example Motorsport Activity Code Note: This code is offered as an example only. Local governments electing to adopt a motorsport activity code should determine appropriate levels of assessment and consider the need to alter elements of the code according to local contexts. Furthermore, elements of the example code may already be addressed in a local government s planning scheme and may therefore not be needed in an adopted motorsport activity code Purpose of the Code A motorsport activity is designed and located - (a) to protect environmental values; and (b) to manage the personal health and safety of the community; and (c) to be of a scale, form and intensity intended for the site or is commensurate with the capacity of the site to accommodate such activity; and (d) such as not to adversely impact on the amenity of the surrounding area; and (e) such as not to adversely impact the road network Assessment Criteria Using this code Self assessable development must comply with the Acceptable Solutions in order to be consistent with the requirements of the Code. Code assessable or impact assessable development that does not comply with an Acceptable Solution may present an alternative solution to demonstrate compliance with the relevant Performance Outcome in order to satisfy the requirements of the Code. The stated Acceptable Solutions represent one way in which the relevant Performance Outcome may be met. The onus lies with the applicant to demonstrate a proposed development meets the Performance Outcome of the code. Performance Outcome Acceptable Solution Filling or Excavation PO1 Filling or Excavation The location and extent of filling or excavation is consistent with the future use of the site, and such works: (a) Do not cause environmental harm; (b) Maintain natural landforms as much as practicable; and (c) Are stable in the short and long term AS1.1 AS1.2 Associated filling or excavation activities are limited to: (a) works associated with the construction of buildings, structures and facilities (including tracks) outlined in PO2; and (b) the construction of roads, fire breaks and recreational trails. Associated filling or excavation activities are designed and undertaken in accordance with <insert relevant code name/reference>. (Drafting Note: Cross reference to ensure works are undertaken in accordance with planning scheme provisions. Reference should be made to relevant requirements within an excavation/filling code or an engineering works code.) 16 Providing opportunities for off-road motorcycling

19 Performance Outcome Acceptable Solution Buildings and structures PO2 Appropriate Development Buildings and structures are associated with the use. PO3 Camping Facilities Camping facilities are adequate for the expected number of users appropriately serviced and accessed AS2.1 AS3.1 AS3.2 AS3.3 Associated buildings and structures are limited to: (a) spectator facilities; (b) viewing stands; (c) toilets, ablution and shower/change room facilities; (d) clubhouses; (e) vehicle and equipment storage; (f) camping facilities; and (g) caretakers accommodation. Vehicular parking areas are provided at a rate of 1 space per camping site (integrated with the camping site), suitable to accommodate a vehicle and any trailers. Camping sites are located outside of flood prone areas (above the 100 year ARI flood level). A formal road network is established and maintained to ensure safe movement of vehicles through camping areas. AS A management plan for the motor sport activity must include operational actions to ensure that the number of campers using a camping area does not exceed the site design capacity. 9 PO4 Toilet Facilities Provision of appropriate toilet and shower facilities to support any event or camping facilities AS4.1 (a) Toilet and shower facilities are provided that are commensurate with the intended maximum number of participants and spectators (i.e. where not connected to utility services, 100 campers will require at least a 125EP toilet system and should be based on manufacturers specifications); and (b) Where the facilities are not connected to utility services (water and sewer), facilities are provided that: -- incorporate environmentally sensitive composting, biocycle or hybrid type toilet systems with no or micro flush systems installed 10 ; -- are located within 50 metres of camping areas; -- are accessible by service vehicles; and -- are not located within 50 metres of a watercourse. 9 Drafting Note: Councils could identify a preferred upper limit to the number of camping sites. 10 Drafting Note: Reference should be made to specific Council policies on preferred environmental systems. February

20 Performance Outcome Acceptable Solution Amenity and buffering PO5 Visual Amenity There is no significant visual amenity impact on residential dwellings on land adjoining and beyond the site PO6 Dust Nuisance Air quality is not adversely impacted by dust nuisance. AS5.1 AS5.2 AS6.1 AS6.2 AS6.3 AS6.4 AS6.5 Vegetated buffers of a minimum width of 5m are established along the common boundary of the motorsport activity facility and adjoining residential dwellings Native tree and shrub species endemic to the location will be used to establish vegetated buffers. Augmenting existing vegetation with supplementary plantings, the vegetated buffer should be at the following rates 14 : (a) Trees 2 metre centres (300mm) (b) Shrubs and groundcover 1 metre centres (150mm) A management plan for the motorsport activity must include operational actions to ensure air quality is not adversely impacted by dust nuisance on adjoining and nearby properties. Motocross tracks and other constructed tracks with a dirt surface (excluding recreational trails) include irrigation systems and a supply of water which is sufficient to prevent dust nuisance as a result of use. Vegetated buffers of a minimum width of 20m are established between recreational riding trails (not including motocross tracks or other constructed tracks with a dirt surface) and existing development on land adjoining the site to act as dust barriers to prevent the spread of dust associated with this activity, or where remnant open forest exists between the riding trail and adjacent development, and the natural stocking rate is less than 1000 stems per hectare, trails will not be located less than 50m from the boundary of the motorsport activity facility. Where motocross tracks are developed in urban areas, vegetated dust buffers of a minimum width of 5m are established along the common boundary of the motorsport activity facility and adjoining land. Vegetated dust barriers will consist of native tree and shrub species endemic to that location densely planted to create an effective screen. Augmenting existing vegetation with supplementary plantings, the vegetated buffer should be at the following rates 11 : (c) Trees 2 metre centres (300mm) (d) Shrubs and groundcover 1 metre centres (150mm) 11 Drafting Note: Alternate reference to other Council policy or code requirements should be made. Stocking rates provided are as an example. 18 Providing opportunities for off-road motorcycling

21 Performance Outcome PO7 Outdoor Lighting There is no visual outdoor lighting impact on residential dwellings on land adjoining or nearby the site Noise Impacts PO8 Noise levels are within the prescribed limits for the use and do not have an adverse effect on an existing noise sensitive place AS7.1 AS7.2 AS7.3 AS8.1 AS8.2 AS8.3 AS8.4 Acceptable Solution Outdoor lighting will be kept to the minimum level required for amenities use and safety. Floodlighting for night activities is not permitted. The level of luminance on any nearby residence does not exceed 1 lux. Light spill resulting from direct, reflected or other incidental light does not exceed the criteria in AS Control of the obtrusive effects of lighting at surrounding sensitive uses. An independent acoustic assessment is undertaken by a qualified acoustics engineer and provides advice and recommendations on how the acoustic quality objectives set out in Schedule 1 to the Environmental Protection (Noise) Policy 2008 can be met for sensitive receptors (existing and/or approved). The acoustic assessment specifically addresses noise mitigation measures including: (a) the hours of operation; and (b) type of activity; and (c) public address systems; and (d) number of participants and spectators; and (e) surrounding existing and future land uses; and (f) buffer distances to a noise sensitive place. The motorsport activity facility development is designed in accordance with the advice, recommendations and mitigation measures identified in the acoustic report. A management plan for the motorsport activity must include operational actions to ensure the motorsport activity is undertaken in accordance with the advice, recommendations and mitigation measures identified in the acoustic report. February

22 Performance Outcome Acceptable Solution Traffice PO9 Road capacities are adequate for the expected use Car parking PO10 Sufficient parking, service and emergency vehicle access is provided on site Waste PO11 Waste storage and disposal does not have an adverse effect on the amenity of the surrounding area or on environmental values. AS9.1 AS9.2 AS9.3 AS10.1 AS10.2 AS11.1 AS11.2 An assessment of the adequacy of existing roads for the expected use at the motorsport activity facility is conducted by a qualified road engineer. The road assessment report specifically addresses road management measures including: (a) the need to upgrade existing roads to meet expected visitation numbers; and (b) provisions to allow safe access to and from the facility; and (c) reducing impact upon adjacent properties. Measures required in the road assessment report are met in the design and operation of the motorsport activity facility. Parking is accommodated on-site and is sufficient to accommodate the expected numbers of participants and visitors (as determined by a suitably qualified person), and is located outside of flood prone areas. Service vehicle access is constructed and maintained to facilitate management and emergency access to all parts of the site in accordance with service and emergency vehicle requirements as determined by a suitably qualified person. Refuse is collected and stored in a screened area secure from scavenging animals and is of sufficient capacity to contain refuse generated at periods of maximum use. Refuse is removed from the site by an approved contractor. 20 Providing opportunities for off-road motorcycling

23 Performance Outcome Acceptable Solution Environmental Values PO12 Erosion and sediment control Tracks, car parks and access areas minimise erosion and sediment impacts AS12.1 Buildings and car parks are not located within 50 metres of a class 3 or 4 watercourse as identified under the Vegetation Management Act 1999; and Vegetation clearing near watercourses is in compliance with the Vegetation Management Act PO13 Biodiversity Values Avoid impacts on areas with significant biodiversity values, including biodiversity corridors and endangered regional ecosystems AS12.2 AS12.3 AS12.4 AS12.5 AS13.1 AS13.2 Where tracks cross watercourses, hardening processes to prevent erosion are used including: (a) construction of bridges or culverts in wider crossings in major gullies; and (b) surface hardening and rock paving in minor gullies; and (c) stream banks are stabilised using gabions and rock walls. Tracks, car parks and access roads are constructed at appropriate gradients and locations to prevent surface erosion 12. Track gradients no more than 25% without specific erosion and sediment control measures; Car Park gradients no more than 10%; Access Road gradients no more than 16.7%. Surface drains are constructed at regular intervals and in a manner so that water and sediment run off are not directed into watercourses. Where trails are constructed near watercourses, sediment control devices are placed at drain run-off points to prevent sediment entering watercourses. Clearing of vegetation will not be carried out in: endangered regional ecosystems; or of-concern regional ecosystems; or essential habitat areas identified under the Vegetation Management Act 1999 Vegetation clearing under the Sustainable Planning Act 2009 in remnant not-of-concern regional ecosystems is minimised to where it is needed for building, structures and facilities associated with the motorsport activity. 12 Drafting Note: Reference could be made to Australian Standard or other Council standard as opposed to recommended gradients. February