11 july 2013 blackwater properties pty ltd c/- adams ... · buddina qld 4575 2. property details...

YOUR REF:- 120503 OUR REF:- DA-2008-249/B

11 July 2013 Blackwater Properties Pty Ltd C/- Adams Sparkes Town Planning & Development PO Box 1000 BUDDINA QLD 4575 Dear Sir/Madam AMENDED COMPILED DECISION NOTICE

Applicant: Blackwater Properties Pty Ltd Proposal: Request to for a Permissible Change - Material Change of

Use - FROM: Motel (40 Accommodation Units, Restaurant, Office plus managers residence) TO: Motel (50 Accommodation Units plus managers residence)

Application Number: DA-2008-249/B Address: Lot 1, Lot 2, Lot 5 and 7-11 Broad Street, SARINA QLD

4737 Property Description:

Lot 1 and Lot 2 on RP708411, Lot 3 on RP705849 and Lot 5 on RP709194

This Amended Compiled Decision Notice has been issued to reflect the correct Applicants and Owners details. Your request for a Change of Condition, lodged on 2 May 2013 to amend DA-2008-249/B approved on 24 October 2008, was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 10 July 2013, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: 1. Plan of Development

The approved Motel development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

This is a Mackay Regional Council digitally signed document.

Project Number

Drawing Number

Prepared by Date

COM-BAC-980 Proposed Commercial Development: pages 1, 14A, and 15A

Richard Jones 29-03-2008, 20-05-2008,

COM-BAC-980 Block 1 and 3: pages 1, Driveway Elevation,

Richard Jones 04-03-2008

COM-BAC-980 Block 2 and 4: pages 1, 12A

Richard Jones 04-03-2008, 20-05-2008

COM-BAC-980 Block 5: pages 1, 9, 10, Driveway Elevation

Richard Jones 04-03-2008, 29-03-2008

COM-BAC-980 Manager’s Residence and Units: pages 11A, 11/2A, 12A, 13A

Richard Jones 20-05-2008

Project Number

Drawing Number

Prepared by Date

A12055.1 SD01 Cover Page

LVO 4/12/2012

A12055.1 SD02 Site Plan LVO 4/12/2012 A12055.1 SD03 Ground

Floor Plan LVO 4/12/2012

A12055.1 SD04 Fist Floor Plan

LVO 4/12/2012

A12055.1 SD05 Elevations LVO 4/12/2012 A12055.1 SD06 Elevations LVO 4/12/2012

2. Amended Plans Required

Prior to the lodgement of Building Works Development Permit application, the approved plans of development must be amended to comply with the following matters: a) An awning must be provided for the full frontage of the property,

excluding the vehicle crossover, generally as shown on the attached Sketch.

b) The buildings on the Broad Street frontage of the site must include wall

offsets and/or fenestration to articulate the façade. c) Provide acoustic measures that demonstrates how point sources of

noise (including air-conditioning units) will be appropriately managed to ensure noise levels for future occupants and neighbouring


residential properties complies with the standards prescribed in the Environmental Protection (Noise) Policy 1997. The developer must comply with the conditions in the attached Queensland Transport third party advice.

d) Pastel colours and materials as shown on the attached Sketch, to be

sympathetic to the Hotel and buildings to the north. e) The Waste storage area must be located as shown on the attached

Sketch.

f) All buildings and fencing must be located clear of easement A and B on RP709614, shown hatched on the attached Sketch.

7. Currency Period This approval will lapse at the expiration of 4 years from the date of the

approval on 24 October 2014 if the Material Change of Use approved has not been completed.

8. Water and Sewerage Headworks

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Planning Scheme Policy 10 on Developer Contributions for Water Supply and Sewerage Services. Headworks will be applied based on an additional 16 ET’s. Contributions for the 10 additional Motel rooms approved as part of this Permissible Change will be levied under Councils Adopted Infrastructure Charges Resolution.

9. Contributions Payment Timing

All contributions and charges must be paid at the rate applicable at the date of issue of the Development Permit for Building Works. Charges for the additional 10 Motel rooms approved as part of this Permissible Change must be paid prior to the commencement of the material change of use (i.e. prior to occupation).

10. Proof of Payment of Contributions A copy of this approval is to be given to a Private certifier to ensure

compliance with these conditions of approval, particularly payment of the contributions at the time of or prior to the issue of the Building Permit.


11. Engineering Report

At the time of lodgement of the Operational Works application, the developer must provide a detailed site survey and engineering report prepared by a qualified RPEQ engineer that addresses the engineering issues in accordance with Council’s Planning Scheme requirements and Engineering Design Guidelines, including:-

a) Provide a site based stormwater management plan. Assessment of

other components of Operational Works application cannot be finalised until the SBSMP is approved first. If provided, Stormwater Quality Improvement Devices must be located within the site and must be of a private nature.

15. Repair to Road Pavement

Broad Street must be sealed along the full frontage of the development site. The existing damaged pavement must be reinstated to match the existing pavement in good repair. b) Provide on-site stormwater detention. The development will increase

the impervious area of the site and hence stormwater runoff to Council streets and underground stormwater system. The developer is to provide on-site stormwater detention so that when the site is fully developed the 100 year ARI peak discharge will not exceed the existing situation. An on site detention system must be constructed to attenuate the 100-year ARI peak discharge to be no greater after the proposed development than before.

c) Provide a water and sewer network analysis to identify that the

development can be serviced and what measures if any are required to augment the system to allow the development to proceed. Any augmentation shall be at the developers cost.

d) Demonstrate that on-site manoeuvrability and parking areas in

accordance with Australian Standards are provided. The developer must undertake the works identified in the Engineering Report and approved as part of the Operational Works application.

28. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of 50 51 car parking spaces in accordance with the approved plan and maintained thereafter. The carparking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard


AS/NZS2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles.

30. Speed Control in Car Parking Area

The driveway serving the car parking area located within the site, must feature a physical means of speed control at the exit point to Broad Street near the front alignment.

38. Water Metering

Separate water meters must be provided for each dwelling.

39. Water Metering Queensland State Legislation (the ‘Standard Plumbing and Drainage Regulation 2003’, Section 8B) requires compliance with the Queensland Plumbing and Wastewater Code. In particular, the QPW Code requires that ‘The water supply to a meterable premises must be fitted with a device (water meter) to measure the amount of water supplied to the premises’. ‘Meterable premises’ means (amongst other definitions) each lot within a community title scheme, including the common property, in a water service provider’s area.

The developer is responsible for the installation of sub-meters, master meters, AMR technology hardware, meter cupboards and the supply of all equipment and materials to the satisfaction of Mackay Regional Council.

Individual meters (Sub-meters) must be installed to each meterable premises (ie. each lot including common property areas).

A Master Meter must be installed at the common entry point into the development.

Sub-meters and Master Meters must be fitted with Automatic Meter Reading (AMR) technology. AMR technology consists of a Meter Interface Unit (MIU) fitted to the meter, a Data Concentration Unit (DCU) located remote from the meters in a lockable Cupboard (termed ‘Meter Cupboard’), and the equipment necessary to provide connectivity between the MIU and DCU.

The Master Meter and DCU must be located together in a ‘Meter Cupboard’ located at the front of the common entry point to the development such that accessibility from outside the development is maintained at all times.


Assessment Manager Advice 1. Engineering Assessment An engineering assessment was not undertaken as part of this approval,

therefore at Operational Works approval it is the applicant’s responsibility to demonstrate that the proposal is able to be constructed with full compliance.

8. Summary of Developer Contributions as at date of approval.

Note: Contributions paid at the time nominated in the relevant condition will be re-calculated at current applicable rate, at that time.

Infrastructure Catchment Number of

ET’s Total Calculated

Due Water Supply Sarina

Township 16 ET x $4,462.00 ET

$71,392.00

Sewerage Supply Sarina Township

16 ET x $5,338.00

$85,408.00

Calculation of ET’s for Water Supply and Sewerage Headworks Charges 40 Units x 0.5 ET per 1 bedroom unit = 20 ET, plus 1 ET for the Manager’s Residence = 21 ET minus 5 ET credit for the Lots that will be amalgamated = 16 ET x $4,462.00 (water) and $5,338.00 (sewerage). 9. Adopted Infrastructure Charges Notice Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.


Please find enclosed the above Decision Notice with the relevant attachments: Amended Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice of Intention to Commence Use Infrastructure charges are applicable on this approval, a separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information please contact Helle Jorgensen Smith.


AMENDED COMPILED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2008-249/B

Date of Decision: 10 July 2013

1. APPLICANT/S DETAILS

Name: Blackwater Properties Pty Ltd

Postal Address: C/- Adams Sparkes Town Planning & Development

PO Box 1000

BUDDINA QLD 4575

2. PROPERTY DETAILS

Property Address: Lot 1, Lot 2, Lot 5 and 7-11 Broad Street, SARINA QLD 4737

Property Description: Lot 1 and Lot 2 on RP708411, Lot 3 on RP705849 and Lot 5 on RP709194

3. OWNER’S DETAILS Blackwater Properties Pty Ltd 4. PROPOSAL Request to for a Permissible Change - Material Change of Use - FROM:

Motel (40 Accommodation Units, Restaurant, Office plus managers residence) TO: Motel (50 Accommodation Units plus managers residence)

5. DECISION TYPE

DEVELOPMENT DECISION

Modification of Approval/Plan of Development Development Assessment

Approved in Full Subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 2, 7, 8, 9 and 28 have been amended Assessment Managers Advice point 8 has been amended Conditions 10, 11, 15 and 30 have been deleted Assessment Managers Advice point 1 has been deleted Conditions 38 & 39 and Assessment Managers Advice 9 have been added All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

7. IDAS REFERRAL AGENCIES

Concurrence Agencies Department of Transport and Main Roads

PO Box 62 MACKAY QLD 4740

8. SUBMISSIONS

There were no properly made submissions received on this application. 9. PLANNING SCHEME

This approval is issued under the Sarina Shire Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Building Works – Development Permit Plumbing and Drainage Works – Compliance Permit

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. CURRENCY PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.



14. APPEALS Attached is an extract from the Sustainable Planning Act which details your

appeal rights and the appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


Shane

Typewritten Text

12th July 2013

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-249-B Decision Date: 10 July 2013

Page 1 of 8

1. Plan of Development

The approved Motel development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Number

Drawing Number

Prepared by Date

A12055.1 SD01 Cover Page LVO 4/12/2012A12055.1 SD02 Site Plan LVO 4/12/2012A12055.1 SD03 Ground Floor Plan LVO 4/12/2012A12055.1 SD04 Fist Floor Plan LVO 4/12/2012A12055.1 SD05 Elevations LVO 4/12/2012A12055.1 SD06 Elevations LVO 4/12/2012

2. Amended Plans Required

Prior to the lodgement of Building Works Development Permit application, the approved plans of development must be amended to comply with the following matters: a) Deleted b) Deleted c) Provide acoustic measures that demonstrates how point sources of

noise (including air-conditioning units) will be appropriately managed to ensure noise levels for future occupants and neighbouring residential properties complies with the standards prescribed in the Environmental Protection (Noise) Policy 1997. The developer must comply with the conditions in the attached Queensland Transport third party advice.

d) Deleted e) Deleted

f) Deleted

3. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.

4. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.



Page 2 of 8

5. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

6. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

7. Currency Period This approval will lapse on 24 October 2014 if the Material Change of Use

approved has not been completed. 8. Water and Sewerage Headworks

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Planning Scheme Policy 10 on Developer Contributions for Water Supply and Sewerage Services. Headworks will be applied based on an additional 16 ET’s. Contributions for the 10 additional Motel rooms approved as part of this Permissible Change will be levied under Councils Adopted Infrastructure Charges Resolution.

9. Contributions Payment Timing

All contributions and charges must be paid at the rate applicable at the date of issue of the Development Permit for Building Works. Charges for the additional 10 Motel rooms approved as part of this Permissible Change must be paid prior to the commencement of the material change of use (i.e. prior to occupation).

10. Deleted 11. Deleted 12. Concrete Footpath

A full width concrete footpath must be constructed in lieu of the existing footpath for the full frontage of the site in Broad Street.

13. Invert Crossing

The existing vehicle crossover must be removed and kerb and channel reinstated to match the existing. A new invert crossing must be constructed in accordance with Council’s Standards in the approved access point. The invert crossing must be approved as part of the Operational Works application.



Page 3 of 8

14. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

15. Deleted 16. Compliance with Council Standards All design and construction for the development must be in accordance with

Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.

17. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

18. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. All connections to the kerb are to be made using a galvanised steel kerb adaptor or approved equivalent. The stormwater discharge point will be approved as part of the Operational Works application.

19. Site Drained

The site is to be drained in accordance with Council’s Stormwater Drainage Policy to an approved lawful point of discharge, which is nominated as the kerb and channel in Broad Street.

20. Existing Services Water and Sewer

The proposed development must connect to the existing reticulated water and sewer services provided to the subject site.

21. Live Connections

Mackay Water is to carry out all water connection and live sewer work at the developer’s expense.



Page 4 of 8

22. Landscape Plan Required

A detailed site and footpath landscaping plan, generally in accordance with the ‘landscaping Sketch submitted with the application, must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following: Landscape specification of sufficient detail so that landscape works are

to be carried out; Plant schedule detailing number of plants, species, pot size and height at

planting; Details of soil and mulch types, including depths, areas or turf, garden

edges and paving finishes; the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Council’s Standards.

23. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the development is occupied.

24. Waste Storage Area

The developer shall make satisfactory arrangements with Council’s Waste Services Section regarding provision of refuse collection services from the development. The waste storage area must be provided in the location shown on the attached sketch and contain an impervious surface. The waste storage area must not cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

25. No Nuisance to adjoining properties

All service equipment, lighting and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties.

26. Visual Screen Fence

A visual screen fence between the site and adjoining properties must be constructed to a height of 1.8 metres, on the boundaries nominated on the attached sketch. The total cost of this fencing to be met by the Developer.

27. Aesthetic Screening

The outdoor storage of any equipment or material and any service area must be aesthetically screened so as not to be visible from any road to which the site has frontage.



Page 5 of 8

28. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of 51 car parking spaces in accordance with the approved plan and maintained thereafter. The carparking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles.

29. Protection of Landscape areas from Car parking

The landscaped areas adjoining the car parking area must be protected from vehicles by a 150 mm high vertical concrete kerb or similar obstruction

30. Deleted 31. Vehicle manoeuvring

All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

32. Loading /unloading

The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be undertaken entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic.

33. Lighting of Car park areas

Install and maintain a suitable system of lighting to illuminate car parking areas. The car park lighting system and any other outdoor lighting, must comply with Australian Standard no. AS4282 – Control of the obtrusive Effects of Outdoor lighting.

34. Floor Level

The minimum habitable floor level of the proposed development must be the higher of: 300 mm above the Q100 flood level 300 mm above the top of kerb 300 mm above the crown of the road 225 mm above ground level a level which allows the connection of all sanitary fixtures to the

designated sewer connection point by means of sanitary drainage which complies with AS3500



Page 6 of 8

35. Demolish Remove Existing Structure(s)

All existing building/s currently situated on the subject site that are not proposed to be retained must be demolished or removed from the subject site prior to the commencement of the use. A Building approval is required for demolition and should be issued by a Private Building Certifier.

36. Amalgamation of Allotments

Lot 1 and 2 on RP708411, Lot 3 on RP705849, Lot 5 on RP709194 and Lot 6 on RP707956 must be amalgamated into one allotment prior to construction of the Motel.

37. Advertising Sign Approval

No advertising pylon sign, billboard sign or road banner sign must be erected without a Material Change of Use Development Permit from Council.

38. Water Metering

Separate water meters must be provided for each dwelling.

39. Water Metering Queensland State Legislation (the ‘Standard Plumbing and Drainage Regulation 2003’, Section 8B) requires compliance with the Queensland Plumbing and Wastewater Code. In particular, the QPW Code requires that ‘The water supply to a meterable premises must be fitted with a device (water meter) to measure the amount of water supplied to the premises’. ‘Meterable premises’ means (amongst other definitions) each lot within a community title scheme, including the common property, in a water service provider’s area.

The developer is responsible for the installation of sub-meters, master meters, AMR technology hardware, meter cupboards and the supply of all equipment and materials to the satisfaction of Mackay Regional Council.

Individual meters (Sub-meters) must be installed to each meterable premises (ie. each lot including common property areas).

A Master Meter must be installed at the common entry point into the development.

Sub-meters and Master Meters must be fitted with Automatic Meter Reading (AMR) technology. AMR technology consists of a Meter Interface Unit (MIU) fitted to the meter, a Data Concentration Unit (DCU) located remote from the meters in a lockable Cupboard (termed ‘Meter Cupboard’), and the equipment necessary to provide connectivity between the MIU and DCU.

The Master Meter and DCU must be located together in a ‘Meter Cupboard’ located at the front of the common entry point to the development such that accessibility from outside the development is maintained at all times.



Page 7 of 8

ASSESSMENT MANAGER ADVICE 1. Deleted 2. Local laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

3. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Part 2A –

Environmental Nuisance of the Environmental Protection Regulation 1998 which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Section 32 of

the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise During Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Section 6S

General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

6. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section 31

of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Environmental Protection Agency, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.



Page 8 of 8

8. Summary of Developer Contributions as at date of approval.

Note: Contributions paid at the time nominated in the relevant condition will be re-calculated at current applicable rate, at that time.

Infrastructure Catchment Number of

ET’sWater Supply Sarina

Township16 ET

Sewerage Supply Sarina Township

16 ET

Calculation of ET’s for Water Supply and Sewerage Headworks Charges 40 Units x 0.5 ET per 1 bedroom unit = 20 ET, plus 1 ET for the Manager’s Residence = 21 ET minus 5 ET credit for the Lots that will be amalgamated = 16 ET

9. Adopted Infrastructure Charges Notice Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.


~

Clc The Chief Executive Officer

Mackay Regional Council

PO Box 41

Mackay Old 4740

Copy

For your information and action as required.

~~ ~ n 0 nd

e i Director

17 May 2013

Our Ref:

Queensland Government

Department of Main Roads

830/183 RMY:aew (P90559) DC7256 1766

r~CV’D 2 0 MAY 2013 MRC


17 May 2013

Queensland . Government

Backcorp Holdings Pty Ltd

C/- Adam Sparkes Town Planning & Development

PO Box 1000

Buddina OLD 4575

Department of Main Roads

Dear Sir

REQUEST TO CHANGE AN EXISTING APPROVAL

Mackay Regional Council: Bruce Hwy (St Lawrence - Mackay) (10G)

Proposed Material Change of Use - Motel (38 Units, restaurant, and office)

Applicant Name: Backcorp Holdings Pty Ltd

Application No: DA-2008-249

Lot 1 and 2 on RP708411, Lot 3 on RP705849 and Lot 5 on RP709194

Situated at Broad Street, Sarina

Thank you for your letter dated 6 May 2013 requesting Transport and Main Roads

comments on the proposed Request to Change an Existing Approval (DA-2008-249).

The department has reviewed the proposed amendments to increase the total number of

units from 40 units to 50 units. In accordance with Section 373 of the Sustainable Planning Act 2009, please be advised that the department has no objections. The Conditions of

Development in our Referral Agency’s Response dated 21 July 2008 will still apply.

A copy of this letter has been sent to Mackay Regional Council for their information.

Yours sincerely

~ ~a~~rector Clc Mackay Regional Council

Department of Transport and Main Roads

Program Delivery & Operations

Mackay/Whitsunday Region, Mackay Office

46 Gordon Street Mackay Queensland 4740

PO Box 62 Mackay Queensland 4740

ABN 57836727711

Our ref

Your ref

Enquiries

Telephone Facsimile

Website

Email

830/183 RMY:aew (P90559) DC7256 1766

DA-2008-249

Ross Young +61 7 4951 8532

+61 74951 8500

www.tmr.qld.gov.au

[email protected]

G \Road Comdor\Corndor Management\Oev Assessment\Shlfe\Sanna\10G_Backcorp Holdings Pty Ud\RTC_1 RP70841 CBackcorp Holdings Ply Ud_M1OG_0513 doc



Shane

Manual DA & Date


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: 465 Appeals about decisions relating to extensions for approvals (1) For a development approval given for a development application, a person to

whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of

the decision is given to the person. (3) Also, a person who has made a request under section 383 may appeal to the

court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day

the decision on the matter should have been made. 466 Appeals about decisions relating to permissible changes (1) For a development approval given for a development application, the following

persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager

for the application— (i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request

response notice about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is

given notice of the decision on the request under section 376. (3) Also, a person who has made a request under section 369 may appeal to the

court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day

the decision on the matter should have been made.



467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change

or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of

the decision is given to the person.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2008-249/B

Date of Approval 10 July 2013

Approved Request to for a Permissible Change - Material Change of Use - FROM: Motel (40 Accommodation Units, Restaurant, Office plus managers residence) TO: Motel (50 Accommodation Units plus managers residence)

Location Lot 1, Lot 2, Lot 5 and 7-11 Broad Street, SARINA QLD 4737

Property Description Lot 1 and Lot 2 on RP708411, Lot 3 on RP705849 and Lot 5 on RP709194

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Blackwater Properties Pty Ltd Address: C/- Adams Sparkes Town Planning &

Development PO Box 1000, BUDDINA QLD 4575

_________________________________________ Signature of Applicant Date: ______________


11 july 2013 blackwater properties pty ltd c/- adams ... · buddina qld 4575 2. property details...

Documents