2011-10-05 planning & development committee …...2011/10/05 · on wednesday 5 october 2011 at...

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 5 October 2011 at 9.00 a.m.

Recommendation to be considered for adoption at the General Meeting to be held on 12 October 2011

Planning & Development Committee Meeting – 5 October 2011 - 1 -

Gympie Regional Council

PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. Nil. CONTENTS LEAVE OF ABSENCE ............................................................................................................................. 3

APOLOGIES ............................................................................................................................................ 3

CONFIRMATION OF PREVIOUS MINUTES .......................................................................................... 3

SECTION 1: STRATEGIC PLANNING MATTERS ................................................................................. 4 1/1 A GUIDE TO WEEDS OF SIGNIFICANCE AND LOCAL NATIVE ALTERNATIVES – COASTAL EDITION .... 4 1/2 AMENDMENT TO PROTECTED AREA ESTATE AND FOREST ESTATE AT MIVA STATE FOREST .......... 6

SECTION 8: GENERAL BUSINESS ....................................................................................................... 9 8/1 SPRING VALLEY DIP SITE ........................................................................................................... 9

SECTION 2: PLANNING APPLICATIONS ........................................................................................... 10 2/1 2010-1921 – MATERIAL CHANGE OF USE OF PREMISES – INTENSIVE ANIMAL HUSBANDRY AND ENVIRONMENTALLY RELEVANT ACTIVITY [ERA #2 (1) (B) – INTENSIVE ANIMAL (FEEDLOT) – (KEEPING 150 TO 1000 STANDARD CATTLE UNITS IN A FEEDLOT)], 311 OLD BOONARA ROAD, CINNABAR – NARGOON CATTLE CO .......................................................................................... 10 2/2 2010-1553 – REPRESENTATIONS – MATERIAL CHANGE OF USE – SHOWROOM (COMMERCIAL SHOWROOM FOR THE SALE OF BUILDING AND HARDWARE PRODUCTS) – 3 LANGTON ROAD, MONKLAND – I3 CONSULTING ................................................................................................... 27

SECTION 3: RECONFIGURING A LOT APPLICATIONS .................................................................... 39 3/1 DA06477 – REQUEST TO CHANGE AN EXISTING APPROVAL FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE 54 LOTS IN 3 STAGES – WHITE TAIL DRIVE, BANKS POCKET – M.J. GRANSHAW C/- COLIN FLEMING & COMPANY SOLICITORS .................................................. 39

SECTION 4: PLANNING APPLICATIONS PENDING .......................................................................... 47 4/1 PLANNING APPLICATIONS PENDING .......................................................................................... 47 4/2 DEVELOPMENT APPLICATIONS APPROVED ................................................................................ 58



SECTION 5: GENERAL MATTERS ...................................................................................................... 60 5/1 2011-1099 – BUILDING WORK MADE ASSESSABLE AGAINST THE PLANNING SCHEME – [SITING REQUIREMENTS FOR A CLASS 2-9 STRUCTURE (DEMOUNTABLE OFFICE)] – LOT 15 SP 135758 – 6 RAILWAY COURT, GLANMIRE FOR COOLOOLA BUILDING APPROVALS ...................................... 60 5/2 APPLICATION FOR LIQUOR LICENCE – AMAMOOR COACH INN - LOT 3 SP197501 - 266 BLACKGATE ROAD AMAMOOR ........................................................................................... 66

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION ................................................................. 70 NIL ...................................................................................................................................................... 70

SECTION 7: “IN COMMITTEE” ITEMS ............................................................................................... 71 7/1 SHOW CAUSE NOTICE – 2 MARY ST, GYMPIE – REIMBURSEMENT OF COST ............................... 71

SECTION 9: ATTACHMENTS ............................................................................................................... 71



The meeting opened at 9.00 a.m.

PRESENT: Crs I.T. Petersen (Chairman), G.L. Engeman, L.J. Friske, R.A. Gâté, &

A.J. Perrett. Also in attendance were Mr M. Hartley (Director of Planning &

Development) and Ms K. Sullivan (Minutes Secretary). LEAVE OF ABSENCE G30/09/11 that Cr R.J. Dyne (Mayor), Cr J. Watt and Cr D.R. Neilson

be granted Leave of Absence from all Council meetings from 4-6 October 2011.

APOLOGIES P01/10/11 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett That the apology from Cr J.A. Walker be accepted.

Carried. CONFIRMATION OF PREVIOUS MINUTES

P02/10/11 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

That the Minutes of the Planning & Development Committee Meeting held on 21 September 2011 be taken as read and confirmed.

Carried.

Ms A. Gosley (Environmental Planning Officer) entered the meeting at 9.01 a.m.



SECTION 1: STRATEGIC PLANNING MATTERS

1/1 A Guide to Weeds of Significance and Local Native Alternatives – Coastal Edition Re: P03/10/11 A Guide to Weeds of Significance and Local Native

Alternatives – Coastal Edition From: Environmental Planning Officer – A. Gosley File: 6/5/11/0001 Date: 16 September 2011 Executive Summary: The coastal edition of ‘A guide to weeds of significance and local native alternatives’ is in draft format. It is being provided to Council for approval so that it can proceed to final draft and printing stages. Previous Council Considerations: • An amount of $10,000 was approved through the 2011/12 budget

process for the preparation of a guide to Weeds of Significance and Endemic Native Alternatives – Coastal Edition.

Report: (Environmental Planning Officer– A.J. Gosley) 1.0 INTRODUCTION Following the Council decision to approve $10,000.00 from the Environment and Natural Resource Levy in the 2011/2012 budget a draft ‘A guide to weeds of significance and local native alternatives – coastal edition’ booklet has been prepared. 2.0 SPECIES Weed section – Weeds species have been selected that are currently present at the Cooloola Coast and also species that have the potential to invade coastal areas. Native section – Native species have been selected that are local to the Cooloola Coast and are also able to be purchased locally. 3.0 BOOKLET DETAILS The coastal booklet has the same design and layout as the hinterland edition booklet. The coastal edition booklet has a different species on the front cover, and the word endemic has been replaced with local in the title.



Pages – 128 (including the front and back cover) Size – DL (10 cm x 20 cm approximately) Paper – 80 % recycled Ink – Vegetable based Binding – Perfect bind Finish - Glossy Strategic Implications: Corporate Plan: Outcome 3.1 - Continue to deliver practical natural resource management practices. Operational Plan: - 4.4 (i) Environmental Planning – Aim: To provide and preserve a safe and attractive natural and built environment by the protection, maintenance and development of the Region's natural amenity, open spaces, foreshores and waterways in accordance with local community needs and preferences. Budget: Funding from the Environment and Natural Resource Levy. Consultation: Lands Protection Manager Parks Manager Supervisor - Parks City Farm Attachments: Draft ‘A guide to weeds of significance and local native alternatives – coastal edition’ booklet. (See Attachment 1).


Recommend that Council endorses the draft ‘A Guide to Weeds of Significance and Local Native Alternatives – Coastal Edition’ booklet and proceeds to final draft and printing stages of the project.

Carried.

Ms A. Gosley left the meeting at 9.03 a.m. Mr R. Halse (Strategic Planning Officer) entered the meeting at

9.03 a.m.



1/2 Amendment to Protected Area Estate and Forest Estate at Miva State Forest Re: P04/10/11 Amendment to Protected Area Estates From: Department of Environment and Resource Management File: 06/05/15/0001 Date: 13 September 2011 Reference: Nil EXECUTIVE SUMMARY This report has been prepared in response to the Department of Environment and Resource Management (DERM) notification to Council concerning amendments to Forestry and Nature Conservation Legislation – Protected Area Estate and Forest Estate. These changes affect Lot 301 FTY1894.

PREVIOUS COUNCIL CONSIDERATIONS (DERM Correspondence) RE: Amendments to protected Area Estate and Forest Estate On 8 September 2011, The Governor in Council approved amendments to protected area estate and the forest estate. Details of an action in your local government area are set out on the attached list. Please find attached for your information the following documents:- a) Plan FTY1894 for Miva State Forest; and b) Copy of Forestry and Nature Conservation Legislation Amendment

Regulation (No.2) 2011, being Subordinate Legislation 2011 No. 178 notified in the Queensland Government Gazette dated 9 September 2011

Report: (Strategic Planning Officer – R. N. Halse) 1. INTRODUCTION The above correspondence was received by Council on the 13 September 2011 from DERM. The following information has been compiled to inform Council that this amendment has already been approved.



2. SITE DESCRIPTION

Figure 1: map depicting site location and size 3. ASSESSMENT Council is advised that amendments deem that Lot 301 FTY1894 is now classed as protected area under Forestry (State Forests) Regulation 1987.

4. BENEFITS

The primary reasons for such proposals are to advance the protection of representative samples of biological diversity across all Queensland ecosystems. Secondary reasons include protecting important cultural heritage values, wildlife corridors and landscape values. Protected areas provide conservation and ecosystem services which have indirect economic value and positive benefits to society. Protected areas also provide special places for recreation and tourism activities.

Miva State Forest 1



5. CONCLUSION

In conclusion, this notification of changes is for Council’s own information only and no action is needed to be taken. 6. STRATEGIC IMPLICATIONS

Corporate Plan Outcome 2.1 - Strategic planning for the region including a focus on planning and managing our infrastructure. Operational Plan 1.2 (iv) - Property Management

Budget There is no cost to Council as all ongoing management costs are undertaken by the Queensland Parks and Wildlife Service, this can include: prescribed burning, weed and feral animal control and provisioning for visitor services and infrastructure. Legal/Statutory Nature Conservation Act 1992 Forestry Act 1959 Risks Nil 7. CONSULTATION N/A 8. ATTACHMENTS N/A

P04/10/11 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that Council acknowledge receipt of this information.

Carried.



SECTION 8: GENERAL BUSINESS

8/1 Spring Valley Dip Site


Recommend that Council maintain its objection as outlined in P23/09/11. Further that Council offer to relinquish its Trusteeship of the site.

Carried. Mr R. Halse left the meeting at 9.10 a.m. Ms T.M. Stenholm (Manager Development & Compliance) entered the meeting at 9.10 a.m.



SECTION 2: PLANNING APPLICATIONS 2/1 2010-1921 – Material Change of Use of Premises – Intensive Animal

Husbandry and Environmentally Relevant Activity [ERA #2 (1) (b) – Intensive Animal (Feedlot) – (keeping 150 to 1000 standard cattle units in a feedlot)], 311 Old Boonara Road, Cinnabar – Nargoon Cattle Co

FILE NO: P06/10/11 2010-1921 APPLICANT: Nargoon Cattle Co

RPD: Lot 110 on L37539 & Lot 4 on RP58752

SITE ADDRESS: 311 Old Boonara Road, Cinnabar SITE AREA: Lot 4 – 198.061Ha Lot 110 – 24.415Ha Total – 222.476Ha PROPOSAL: Material Change of Use of

Premises – Intensive Animal Husbandry (Feedlot) and Environmentally Relevant Activity [ERA #2 (1) (b) – Intensive Animal Feedlotting – (Keeping 150 to 1000 Standard Cattle Units in a feedlot)]

EXISTING ZONE: Rural (Rural Locality) PLANNING SCHEME: 2007 Kilkivan Shire Planning

Scheme DRAFT WBBSRP 2010: Regional Landscape and Rural

Production Area LEVEL OF ASSESSMENT: Impact PUBLIC NOTIFICATION: 3 August 2011 to 19 August 2011 SUBMISSIONS: No submissions REFERRAL AGENCIES: Department of Employment,

Economic Development and Innovation (Concurrence)



KEY POINT SUMMARY

• application to expand existing approved 100scu feedlot to 499scu feedlot;

• previous approval (Kilkivan Shire Council) Cattle Feedlot Licence no.218 (11 April 1995)

• the applicant asserts that the proposal will allow applicants (Nargoon Cattle Co) to better prepare their stock for disposal;

• operating at full capacity, one additional truck trip will be generated per week, and one additional staff member will be required;

• the proposal complies with planning scheme provisions, which are relatively limited for feedlots in excess of 49scu;

• application triggers an ERA and has been referred to the Department of Employment, Economic Development and Innovation (DEEDI)

• site is in a rural locality and no amenity issues identified; • no submissions received; • DEEDI have provided specialist conditions; • development considered appropriately located and recommended

for approval. Report: (Planning Officer – L. M. Farrelly)

1.0 INTRODUCTION Application 2010-1921 seeks Council’s approval for the intensification of an existing feedlot on a large (222Ha) rural allotment at Cinnibar that is currently used for agricultural purposes. 1.1 The Proposal The proposal is to intensify an existing approved cattle feedlot from 100scu to 499scu. The new pens are proposed adjacent to the existing pens. There are currently three feedlot pens on the site (nominated as pens 5, 6 & 7 on the proposal plans). All existing pens are 875m² in area. Four new pens are proposed (nominated as pens 1, 2, 6, & 7 on the proposal plans). The new pens are all between 1,050m²-1,225m² in area). The pens are supplemented by a manure stockpile, drainage arrangements, and vehicle manoeuvring areas. The feedlot is setback approximately 300 metres from Old Boonara Road, and well over 500m to any adjoining property boundary and approximately 1km from the nearest adjoining dwelling.



Site Plan



Proposal Plans



Existing Feedlot



Proposed Feedlot



Proposed Feedlot (Drainage Plan) 1.2 Site description and surrounding land uses The site is located roughly halfway between Kilkivan and Goomeri; approximately 10km south-west of Kilkivan, and approximately 10km north-east of Goomeri.



The site is already utilised for a feedlot and includes working yards, farm sheds, existing dwelling house, dam and fenced paddocks. The development site is situated within a rural area. All adjoining allotments undertake similar rural and agricultural pursuits to the proposal. Considering that the site is located 10km south west of Kilkivan and the surrounding properties in the locality also undertake agricultural and rural pursuits, it is likely that there is an expectation in the locality that the site will continue to be utilised for rural purposes as proposed.

Aerial Photo (approximate boundary in red) 2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes for the Rural Locality The overall outcomes for the Rural Locality relevant to the proposal include locating, designing and operating development so: ‘(i) development is comprised predominantly of rural and non-urban

uses, supported by rural industries and provided with utility services reasonably expected to service or locate in a rural area;



(ii) uses and works are compatible with the amenity and character of

adjacent areas, including the amenity and character of closer settled areas at interface locations;

(iii) uses and works maintain the safety of people and property as reasonably expected for rural areas;

(iv) adverse affects from development are minimised to an acceptable level so the environmental, scenic, economic, cultural heritage, indigenous and land/water resource values characterising the area, its productivity and the capacity of existing infrastructure are protected;. . .’

As outlined in this assessment the development is not considered to compromise any of these outcomes. 2.2 Compliance with the Planning Scheme

2.2.1 Scheme Definition Intensive Animal Husbandry is defined in the planning scheme as: ‘Premises for: (a) aquaculture for the cultivation of live fisheries resources including

fish and marine plants, (b) a feedlot involving commercial keeping of beef and dairy

cattle (for intensive milking), sheep, goats, pigs or other livestock and game in stalls, yards or enclosures for feeding on manufactured stockfeed and supplements (whether produced on site or imported) with such feeding being the primary source of nutrition provided for sustaining the animals. The term does not include the temporary holding of stock for periods less than a month in the event of drought or as otherwise needed for welfare, emergency or finishing reasons,

(c) a piggery (where more than 10 pigs are kept), (d) a poultry farm (where more than 1000 birds are kept). (e) emu or ostrich farm (where more than 30 birds are kept), (f) goat keeping exceeding 3 goats per hectare, The term includes on-farm processing involving the handling, packaging and storage or products from animals cultivated on the site so as to produce primary products for use on the site or for distribution. This includes the manufacture of secondary products from on-farm produce but does not include any meat production/processing, animal food manufacturing or fish/animal oil production.’



The proposal fits within this definition and is a consistent use in the Rural Zone (Rural Locality) if on a site exceeding 5Ha. The subject site is over 222Ha in area. 2.2.2 Development Provisions Applications for Intensive Animal Husbandry in the Rural Zone are deemed Impact Assessable against the entire planning scheme, however the following Codes are considered most relevant: Animal Keeping and Intensive Animal Husbandry Code There are no standards prescribed in the Code for maximum stocking rates and setbacks for feedlots over 49 standard cattle units, assumedly because a feedlot larger than this is classified as an Environmentally Relevant Activity (ERA) and requires approval and licensing with the State. Infrastructure, enclosures, vehicle movement areas and compounds are suggested to be confined to slopes not exceeding 6%. Site photos indicate that this can be achieved; a condition of approval can be included to this effect. DEEDI conditions of approval require a uniform gradient to be maintained between pen surface and all feeding and watering facility aprons and require collection and appropriate dispersal of water. The existing dwelling complies with setback requirements to the feedlot compounds and is estimated to be over 200m from the proposed pens. The road to the property access is required to be a minimum 6 metre all-weather carriageway width where no more than 6 return heavy vehicle trips occur a day from the site. While this requirement is not achieved along Cinnabar and Old Boonora Road, an assessment of the access has been undertaken and the proposed access arrangement is considered acceptable (refer section 4.1). The Code requires the activity to have a reliable water supply to meet all water consumption needs on the site including: (A) fire fighting as provided at 3000 litres/hr for a 5 hour period, (B) potable and ablution supply at 140 litres/head/day, or (C) animal health and sanitation, as relevant. Conditions issued by the Department of Employment, Economic Development and Innovation have generally addressed all standards prescribed by the Code.



Rural Locality Code Intensive Animal Husbandries on lots exceeding 5 hectares are considered ‘consistent uses’ in the Rural Locality. Setbacks to minimise unacceptable affects on air, water, soil, acoustic, odour and visual environments are considered addressed through assessment of the environmentally relevant activity component. The maximum permissible height for buildings is 12m, however no enclosed structures are indicated on the proposal plans. Visual buffering consisting of landscape planting a minimum 2 metres deep along the frontage is recommended by the Code. In this instance, considering the site area, nature of the use proposed and the setbacks, this landscaping is considered of no benefit. Other provisions of the Code are considered addressed by the DEEDI conditions. 2.3 Local and/or State Planning Policies Planning Scheme Policy 1 – ‘Information Requests – General Assessment of Development Applications’, section H indicates that exact performance of Intensive Animal Husbandries will be determined through reference to State and Federal Government standards. Set back distances to sensitive receptors are provided in the Policy but only for feedlots up to 49 SCUs. 3.0 OTHER PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposal is a rural use and located in an area consisting of large rural holdings (100 hectares +). The feedlot is licensed by the State Government and will be subject to regular auditing to ensure conditions of approval are satisfied.



4.0 CONSULTATION 4.1 Internal

(a) Department of Engineering Report: (Manager, Major Projects – N. Weller) This report is based on a road inspection of 12 January 2011 and information submitted with the application. ACCESS ROADS Access to the site from the Kilkivan-Tansey Road (Declared Main Road) is gained via Cinnabar and Old Boonara Roads as follows: Cinnabar Road 00 metres Kilkivan-Tansey Road 5.0 metre seal, good condition 50 metres 3.6 metre seal, rutted 700 metres 5.0 metre seal, good condition 2100 metres Old Boonara Road Intersection Old Boonara Road 00 metres Cinnabar Road 3.6 metre seal, good condition 450 metres 3.6 metre seal, rutted 1,630 metres 3.6 metre seal, good condition 1,800 metres 5 metre, unsealed 3,200 metres Access to site

The applicant states that additional traffic will be one truck per week and possibly an additional employee. The additional employee is taken to be two (2) vtes per day. The Kilkivan Planning Scheme requires the access roads to be 6.0 metre carriageway width. To upgrade all roads to the access to 6.0 metre seal is estimated to cost $700,000. Old Boonara Road appears to service only two (2) residences past the access to this site. It is considered that the additional traffic to be generated by this use does not warrant the upgrading of the access roads.



PROPERTY ACCESS The current access to the site (station complex) is a Y configuration that does not comply with GRC access standards. The configuration works for this station and the low traffic volumes on Old Boonara Road return a low risk with the existing access configuration.

4.2 External (a) Department of Employment, Economic Development and

Innovation Cattle feed lotting for more than 150 SCU but less than 499 SCU is classified as an environmentally relevant activity [#2(b)] and as such the application required referral to the Department of Employment, Economic Development and Innovation (incorporating the former DPI). DEEDI have provided conditions to attach to the development approval. 5.0 Public Notification

The requirements for Public Notification are established in the Sustainable Planning Ac 2009 s.294-307. A summary of the Public Notification stage is provided as follows:

• The application is impact assessable and was required to be publicly notified;

• The application is required to be notified for a minimum of 15 business days;

• An advertisement was published in the Gympie Times on 02/08/2011;

• Notice was given to the adjoining landowner (Cherbourg Regional Council) on 01/08/2011;

• A Public Notice was placed on the frontage of the land on 29/07/2011 and maintained until 25/08/2011;

• The Public Notification is considered to have commenced on 03/08/2011 in accordance with the act;

• 15 business days from 03/08/2011 is 23/08/2011. There were several errors made by the applicant during the notification stage which are summarised as follows: Notice for Newspaper (wrong dates provided in comment period) Error: The public notice was published in the Gympie Times on 02/08/11. The public notice nominated a comment period from 29/07/11 – 19/08/11. The notification period starts from the day after the last notification action under Section 297(1) is carried out (e.g. 03/08/11).



Therefore the comment period in this publication should have been 03/08/11 – 24/08/11.

Perceived Risk: There are three business days between 19/08/11 (the comment period expiry date published in the Gympie Times) and 24/08/11 (the actual date that the public notification expires) There is a risk that a potential submitter may have intended to make a submission in this three day period, but didn’t because they thought the comment period had expired. Comment: This error was identified by Council and discussed with the Applicant on 08/08/11. By this stage notification had already commenced. It was indicated to the applicant that Council will have to make a decision (regarding the acceptance of the notification) once the notification stage is complete and all information is available. At this juncture the applicant was advised to make sure the public notice placed on the land, and the adjoining landowner’s letters were correct. In the context of this error, it is noted that any late submissions would have been considered by Council regardless, but no submissions were received. Notice for Newspaper (one lot number incorrect) Error: The proposal comprises 2 allotments (Lot 110 on L37539 and Lot 4 on RP 58752). The public notice published in the Gympie Times on 02/08/11 incorrectly nominates Lot 10 on L37539 (instead of Lot 110). It is noted that Lot 4 on RP 587752 is correct, as is the street address and Council reference number. Perceived Risk: If a potential submitter saw the incorrect lot provided on the public notice, they may be confused regarding which allotments the development was proposed for. It is noted that the other allotment (Lot 4), the street and the council reference number were correct. Comment: This error was also identified by Council and discussed with the Applicant on 08/08/11 (refer previous comment). Considering that the correctly nominated allotment (Lot 4 on RP58752) effectively surrounds the erroneously notated allotment on all four boundaries, there was not considered to be a reduced ability for a potential submitter to determine the location of the proposal. Summary: An assessment manager may continue to assess and decide an application, even if public notification has not been undertaken in accordance with the provisions of Chapter 6, Part 4, Division 2 of SPA. This can only be undertaken if the assessment manager is satisfied that any non-compliance has not:



• adversely affected the awareness of the public of the existence and nature of the application; or

• restricted the opportunity of the public to make properly made submissions.

(Guide on public notification of certain development applications; The State of Queensland (Department of Infrastructure and Planning); 13 January 2010) & SPA s.304) In accordance with section 304 of the Sustainable Planning Act, considering the context of the proposed development and that no submissions were received, it is considered that the abovementioned errors have not restricted the awareness or opportunity of the public to make a submission (i.e. there was little, if any, community concern for this type of application). Furthermore, it is noted that if Council does not accept that the public notification was satisfactory, the applicant will have to renotify the application, resulting in a 4-6 week delay and monetary cost of approximately $800. On the grounds presented above, the notification is considered to have been undertaken satisfactorily.

6.0 Conclusion The proposal is for a rural activity within an identified rural area. Rigid assessment and ongoing compliance of the development is primarily the responsibility of DEEDI through the application for an environmentally relevant activity. From a land use perspective, the proposal complies with all provisions of the planning scheme and is recommended for approval.

P06/10/11 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske Recommend that Council, as Assessment Manager, APPROVE development application for Material Change of Use of Premises – Intensive Animal Husbandry (Feedlot) and Environmentally Relevant Activity [ERA #2 (1) (b) – Intensive Animal Feedlotting – (Keeping 150 to 1000 Standard Cattle Units in a Feedlot)], 311 Old Boonara Road, Cinnabar (Lot 110 on L37539 & Lot 4 on RP58752), subject to the following conditions:



Assessment Manager’s Conditions Conditions to be Satisfied Prior to Commencement of the Approved Use 1. The development shall be generally in accordance with the

plans submitted with the application (Titled ‘Feedlot Layout Plan, Proposed Nargoon Feedlot & Nargoon Feedlot Drainage Plan prepared by Nargoon). In this regard, the feedlot is limited to a maximum of 499 standard cattle units.

Conditions Relevant to the Ongoing Operation of the Approved Use 2. Loading/unloading operations shall be conducted within the

site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

Carried.



2/2 2010-1553 – Representations – Material Change of Use – Showroom

(Commercial Showroom for the Sale of Building and Hardware Products) – 3 Langton Road, Monkland – I3 Consulting

Re: P07/10/11 Representations to Material Change of Use –

Showroom (Commercial Showroom for the Sale of Building & Hardware Products) – 3 Langton Road, Monkland

From: I3 Consulting for MelcoLanhams File: 2010-1553 Site: 3 Langton Road, Monkland RPD: Lot 4 SP203835

Report: (Planning Officer – M. K. Matthews and Manager Development and Compliance – T.M. Stenholm)

1.0 INTRODUCTION

An application for Material Change of Use – Showroom (Commercial Showroom for the Sale of Building & Hardware Products) over Lot 4 SP203835, was approved by Council on 25 August 2011.



This Material Change of Use proposal sought Council’s permission to establish a new MelcoLanhams Mitre 10 store, replacing the existing store on Park Terrace.



Council’s reconsideration is requested for monetary contribution conditions relating to urban roadworks, water headworks contributions and sewerage headworks contributions. There is also some clarification requested regarding the wording of standard conditions as well as an amendment to refer to the most recent Department of Transport and Main Roads response.

2.0 CONDITIONS Condition 1.1 1.1 The use herein approved may not start until:

(i) the following development permits have been issued and complied with as required - (a) Development Permit for Building Work (b) Development Permit for Operational Work (External

Roadworks); and (ii) development authorised by the above permits have been

completed to the satisfaction of Council’s Chief Executive Officer.

Applicants Representations ‘Given the delays experienced throughout the assessment of the development application, the anticipated timeframe for construction of the proposal is now under significant pressure. It is common practice statewide and appropriate to the construction process that the applicant carries out the external roadworks while the site works and building works are underway. In order to provide certainty to Council that all works would be completed to Council’s satisfaction prior to the commencement of the use, we ask that this condition be amended to read: “The commencement of the use herein approved may not start until …”. The completion of works and satisfaction of permits is typically conditioned to be timed prior to the commencement of the use by other Queensland local authorities to provide necessary flexibility to the sequence of construction management.’ Staff Response This condition requires both a development permit for building work and operational work to be obtained and complied with prior to starting ‘the development herein approved’, being a material change of use for a Showroom. It would appear the applicant has not understood the condition and it is not considered that it needs rewording. The condition does not prevent the operational work nor the building work being carried out conjointly.



It is recommended the condition remain. Condition 1.2 1.2 The use herein approved may not start until written confirmation is

provided to Council that the Department of Transport and Main Roads conditions attached to this Development Permit are substantially completed/fulfilled to the satisfaction of the Department of Transport and Main Roads.

Applicants Representations ‘For the same justifications represented in response to condition 1.1 above and for the sake of consistency, we ask that this condition be amended to read: “The commencement of the use herein approved may not start until …”.’

Staff Response For the reasons outlined in relation to condition 1.1, the condition does not need rewording. Condition 1.3 1.3 Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount Water Headworks 45ep $48 632 Sewerage Headworks 48ep $91 197 Urban Roads 1051 vte $387 871 TOTAL $527 700

but will be subject to indexation annually on 1 July.

Applicants Representations The applicant submitted an ‘Independent Developer Contributions Charges Review’ prepared by PIP Consulting Services in support of a reduced road contribution. Staff Comment – General Manager Design Services Division (L. O’Brien)



Water and Sewerage Headworks The applicant has not queried the equivalent units applied. However, it should be noted that the report provided by the developer's consultant (PIP Consulting Services) uses incorrect charge rates. The current rates need to be applied. Urban Road Contribution Council's decision notice requires a contribution of $387,871 while the applicant has calculated a contribution of $69,623. Council's contribution is based on PSP13 as follows: • The proposed use of 750m2 nursery generating 10 vehicle trip

ends (vte) per 100m2 per day plus the proposed use of 4200m2 of hardware (retail and trade) generating 27 vte per 100m2 per day. These trip generation rates are from PSP13.

• A credit for the existing industrial use at the rate of 1.2 vte per 100m2 of land per day.

The applicant's total figure for credit on the existing use agrees with Council's calculation and will not be discussed further here. Two (2) issues are in question: 1. Current charge rates. The applicant's road contribution calculation is based on a charge rate of $322.33 per vte rather than the current rate of $369.05 per vte. Applying the current charge rate to the applicant's calculation of total vte's would increase their calculated contribution from $69,623 to $79,715. 2. Trip generation rate. The traffic consultant's report submitted with the applicant's written representations dated 18 August is version 1.2 dated 28 July 2009. That version of the report does not contain daily trip generation figures and so does not support the applicant's representations. The most recent version of the traffic report previously submitted to Council, and relied upon by Council staff, is version 3 dated 7 March 2011. That version is discussed here.



The traffic report recommends a daily trip generation rate of 9 vte per 100m2 per day. The traffic report sources this rate from the "light industrial" generation rate given in the Department of Transport and Main Roads' "Road Planning and Design Manual". "Light industrial" is a broad land use description which does not necessarily apply to a nursery or to retail or trade hardware. The traffic consultant further references the NSW RTA "Guide to Traffic Generating Developments" which also does not give specific generation rates for retail or trade hardware or nurseries. The consultant appears to have referenced an hourly generation rate for "bulky goods retail stores". The RTA guide acknowledges that actual generation rates vary widely and it only gives hourly rather than daily generation rates. Further, the guide is almost 10 years old and the surveys it relied upon for bulky goods stores were performed in 1990. The traffic consultant has also performed a 4 hour traffic count at the Melco Kunda Park store which provided a generation rate of 1.55 vte per 100m2 per hour. They have extrapolated this to confirm their recommended daily rate of 9 vte per 100m2. However, a count taken on a single morning cannot be deemed representative of an average day. It can be influenced by the weather, time of year and other events on at the same time. The trip generation rate of 27 vte per 100m2 applied by Council staff is from PSP13 for a "local hardware" store. The PSP also gives a rate of 45 vte per 100m2 for a "national hardware" store. It is arguable which category MelcoLanhams falls into. Halcrow (a world-wide infrastructure planning consultant) has carried out and published 2009 research performed for the RTA on trip generation rates for hardware stores. (Reference: Ken Hollyoak, "Trip Generation Studies - The Australian Experience", Halcrow seminar presentation, 10 September 2009.) Halcrow's consultancy surveyed 9 existing Bunnings and Melco sites in metropolitan and non-metropolitan Sydney and compared the generation rates found to those published by authorities in Australia, USA, New Zealand and the UK. The generation rates found from surveys ranged from 21 - 40 vte per day per 100m2. Generation rates from other authorities varied from 32 to 85 vte per 100m2.



Other issues 1. Brisbane Road/Langton Rd intersection

The main access to the development will be located only 30m from the Brisbane Road intersection. TMR requires the access to be constructed as a "Basic Right Turn Treatment". To ensure the access can be used by large delivery vehicles, including semi-trailers and b-doubles, the access widening works will extend into the Brisbane Road intersection. In his presentation to Council's Planning and Development Committee, the applicant stated that he will be expending $100,000 to improve Langton Road and its intersection with Brisbane Road. However, the work that would be undertaken by the applicant is the minimum required to make the development access function safely and will provide little benefit to general traffic.

2. Future intersection upgrading

The applicant's traffic consultants have reported on the impact of the development on the performance of the Brisbane Road / Langton Road intersection. They have projected traffic to a 10 year horizon and concluded that while the intersection will reach the traffic volumes where traffic signals are warranted it may not have those volumes for the required period of 4 hours per day. However, the traffic consultant's assumptions about both the traffic that this development will generate, and the total future traffic on Langton Road are conservative. It could be argued that this development should be making a contribution towards the future signalisation of the Brisbane Road / Langton Road intersection. Based on the ratio of development traffic to total traffic, such a contribution would be in the order of 10% of the intersection signalisation cost of $750,000 - i.e. $75,000. However, this is a state-controlled intersection so future upgrading of the intersection will be the responsibility of TMR. TMR has not required a contribution from the developer for future intersection upgrading.

Summary The current charge rate of $369.05 per vte should apply. The trip generation rate of 27 vte per 100 sqm given in PSP13 and applied by Council staff for this development is consistent with reputable research.



The applicant's trip generation rate of 9 vte is conservative. The lower end of the researched trip generation rates for hardware stores is 21 vte per 100 sq m. Independent Advice Since the applicant’s presentation to Council’s Planning and Development Committee Meeting independent advice was obtained from Colin Beard Traffic Engineering in relation to the industry standard rates for the type of use proposed. Council has engaged Mr Beard’s advice previously and he has experience as an expert witness for the Planning and Environment Court. Mr Beard’s advice follows: ‘The traffic generation rates used in infrastructure charges plans are typically lower than “real” traffic design generation rates. For example, industrial uses are typically assumed to have plot ratios of around 0.45 with a typical design generation rate of 4 to 5 vehicle trips per 100 sq.m. per day. Therefore, this 13696 sq.m. site would be assumed to have design traffic generations of approximately 277 vte per day. However, the credit given for the industrial use under the policy is presumably lower. National hardware outlets like Bunnings typically generate more than 25 vte per average weekday, but roughly double that on Saturdays and Sundays, whereas typical industrial uses generate little on weekends. For the purposes of infrastructure charges contributions, I would suggest three ways of looking at it: 1. Comparable planning scheme rates – average of about 16 vte per

day on TUA (including nursery) or 50.13 x 16 = 802 vte. 2. Half the “Bunnings” rate of 33.4 vte per day (7 day average) or 16.7

vte, or 50.13 x 16.7 = 837. 3. Reasonably expected average car park turnover rate of 4 – 5 times

per day, or 107 x 8 to 107 x 10 = 856 to 1070 vte per day. That is, I would consider any calculation of between 802 and 1070 vte per day to be reasonable for this proposed development. It is not clear if your policy rate is calculated on GFA or TUA (I would suggest the latter is more appropriate), but I would recommend a rate of at least 16 vte per 100 sq.m. of TUA per day. That is, the rate of 27 is probably a bit high if calculated on TUA.



However, the suggestion that the rate should be relaxed to 9 vte per 100 sq.m. per day is completely inconsistent with all of the data I have seen over the years.’ Colin Beard has missed including the site office floor area in his calculations, meaning the total use area should be 5 137m2 instead of 5 013m2. However, using the approach suggested in item 1. of his advice the vte's could be calculated as 51.37 x 16vte's = 821 vte's. The road contribution could then be recalculated to be: [821 vte – 277 vte (credits)] x $356.05 = $193 691. Condition 3.1 3.1 (a) the outdoor garden display area is permitted at a maximum use

area of 100m2 based on the definition of ‘Showroom’ in Council’s planning scheme. Any increase in the use of this area above 100m2 will require a further approval for ‘Display Yard’.

Applicants Representations ‘We ask that Council make a discretionary decision with respect to the 637m2 Outdoor Garden Display as detailed on the approved plans and the ‘Showroom’ use as defined in Schedule 14 of the planning scheme. This outdoor area represents only 12% of GFA of the total development GFA and is, therefore, an ancillary use to the approved ‘Showroom’ use. Furthermore, the Outdoor Garden Display is an integrated part of the development utilising common facilities with the rest of the proposal, and is not a stand-alone use which, by its nature, is suited to an outdoor location for the watering, maintenance and solar access of plants for sale. The predominant portion of the ‘Showroom’ use is indoors, in accordance with the Schedule 14 definition. It is commonly conceded within development approvals throughout Queensland that a proportion of GFA around 10% is an ancillary use, and is therefore capable of approval under the land use definition that best describes the largest portion of the development and a discretionary decision is appropriate. This matter of relevant land use was not raised during the development assessment process whereby the applicant would have had the opportunity to expedite the process by changing the application to include a ‘Display Yard’ use. To cause this matter to languish until raised for the first time as a condition of approval which requires the applicant to re-enter an application assessment period of similar timeframe only serves to frustrate the realisation of this development and presents additional untimely and unnecessary delays.



It is further noted that if this matter had been raised during the assessment process, the applicant would have had the opportunity to change the proposal by applying the relevant and less onerous car parking ratio and infrastructure charges that are applicable to the 637m2 GFA of a ‘Display Yard’ use under the planning scheme. In justly applying these ratios and charges to the proposal, it would be necessary to revisit the site planning and design of the proposal that would lead to amendments to approved plans and current conditions of approval that state car parking and infrastructure charges requirements as calculated against a total ‘Showroom’ land use (namely conditions 1.3 and 1.4). The relevant codes for a ‘Display Yard’ use and a ‘Showroom’ use in the Industry Zone are identical. With reference to the planning scheme assessment tables, the level of assessment for a ‘Display Yard’ use remains unchanged from a ‘Showroom’ use, being code assessable in the Industry Zone. The assessment of a ‘Display Yard’ use in a subsequent application for the proposal does not introduce any planning scheme provisions against which the whole proposal has not already been assessed and does not introduce a requirement for public notification or a higher level of assessment. Council has, then, already conducted an assessment of the proposed Outdoor Garden Display area against all relevant provisions, minimum requirements and level of assessment. Any secondary application is, therefore, questionable and unnecessary. We also question Council’s interpretation of the Schedule 14 definition of the ‘Showroom’ use that, arguably, makes an exclusive nexus between outdoor use areas and the retail sale food service areas which do not form part of this development proposal. By using standard legal drafting conventions, we do not consider that subclauses (a) and (b) of the definition to be relevant to the development proposal and should not be applied. For these reasons we ask Council to delete condition of approval number 3.1(a).’ Staff Response The applicant is considered to have presented a reasonable argument for the nursery to be considered ‘ancillary’. The recommended road contribution rate also incorporates this area. Condition is recommended to be reworded to restrict the outdoor nursery area to a maximum of 640m2 and require a further development permit for material change of use (Display Yard) should it be intended to expand in the future.



Concurrence Agency Conditions Conditions applicable to this approval imposed by the following Concurrence Agencies:

1. The Department of Transport and Main Roads is a concurrence

agency with regard to this development approval. The attached concurrence agency response from this department, dated 21 January 2011, forms part of this Decision Notice.

Applicants Representations

‘The concurrence agency response dated 21st January, 2011 was superseded by an amended agency response dated 4th May, 2011. The Department of Transport and Main Roads, as concurrence agency, issued an amended agency response and changed conditions on the 4th of May, 2011. These amendments were agreed to by i3 consulting pty ltd on the 26th of May and were viewed via SmarteDA by Gympie Regional Council on 27th May, 2011. All communications and correspondence were viewed by Gympie Regional Council, the Department of Transport and Main Roads and i3 consulting pty ltd via SmarteDA and are recorded i SmarteDA History. We enclose hard copies of the revised conditions, correspondence and SmarteDA History Detail as evidence that Council received notification of the amended conditions and ask Council to attach the most recent concurrence agency conditions (dated 4th May, 2011) to the approval package.’ Staff Response Condition to be amended to reflect the correct date of the Concurrence Agency response.

P07/10/11 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that in relation to development application (2010-1553) for Material Change of Use – Showroom (Commercial Showroom for the Sale of Building & Hardware Products) over Lot 4 SP203835, located at 3 Langton Road, Monkland, Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 1.1 to remain; (ii) Condition 1.2 to remain;



(iii) Condition 1.3 to be amended to: Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount

Water Headworks 45ep $48 632 Sewerage Headworks

48ep $91 197

Urban Roads 544 vte $193 691 TOTAL $333 520

but will be subject to indexation annually on 1 July.

(iv) Condition 3.1 (a) to be amended to read: (a) the outdoor garden display area is permitted at a

maximum use area of 640m2. Any increase in the use of this area above 640m2 will require a further material change of use approval for ‘Display Yard’.

(v) Reference to Department of Transport and Main Roads

concurrence agency response dated 4 May 2011. (vi) New Infrastructure Charges Notice to reflect amended

condition 1.3. Carried.



SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 DA06477 – Request to Change an Existing Approval for Reconfiguring

a Lot – Subdivision to Create 54 lots in 3 stages – White Tail Drive, Banks Pocket – M.J. Granshaw c/- Colin Fleming & Company Solicitors

FILE: P08/10/11 DA06477 APPLICANT: M.J. Granshaw c/- Colin Fleming & Company Solicitors RE: Request to Delete Condition of an Existing Approval for

Reconfiguring a Lot – Subdivision to Create 54 lots in 3 stages

RPD: Lot 53 SP164239 SITE: 53 White Tail Drive, Banks Pocket



Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 Introduction A request has been received for Council to delete a condition relating to access on a development approval for subdivision.



Condition 30 of the approval reads: “30. No access is permitted to adjoining road reserves from lot 53.”



2.0 Applicant’s Submission The following letter has been received from the applicant:



3.0 Assessment Design Services Division Comments Reasons not to support deletion of the condition include: * There is a traffic island at the intersection of Fisher Road and the

unnamed road reserve which would prevent right turns at the road reserve in a legal manner. The traffic island is required as part of the traffic calming (speed control) on Fisher Road and from an engineering perspective should not be removed.

* a gravel access between two (2) existing residences in a residential

area is not desirable and is contrary to Council’s Planning Scheme Policy 8, which requires even single user access handles and easements to be sealed.

* Although on road reserve, the access would pass very close to two (2) residences, effectively putting traffic through their backyards. There may be safety issues with children playing in this area and vehicles using a property access.

* Contrary to the solicitor’s letter, the road reserve provides the legal point of access to Lot 2 MPH23388. In the future therefore, it would be used by at least two (2) properties should Council agree to this request.

* Although the current owner may not have been aware of the development condition, the address of the property is on White Tail Drive, which should have provided a good indication at time of purchase that access was to be gained from that road.

It is unfortunate that Council granted an ‘authority to construct property access’ on 11 June 2010, however it has been confirmed that these approvals relate to a cross-over point only from the road, in this case being Fisher Road onto the unconstructed road reserve. The approval did not authorise an access point from the unconstructed road reserve to the subject lot, therefore the landowners have expended money on upgrading an unmaintained road without Council’s knowledge or approval. Should Council consider deleting condition 30, consent from the applicant should be sought to imposing the following conditions in lieu: (i) Constructing unnamed road reserve to a minimum 3 metre wide

bitumen sealed standard from Fisher Road to 10 metres past the boundary of Lot 53;

(ii) The constructed driveway is to be located towards the southern side of the reserve so that the traffic island has minimal interference with right turns;



(iii) Consent from the owners of Lot 3 RP862560 and Lot 2 MPH23409 should be obtained by the applicant for the necessary removal of gardens/lawns which they have been maintaining on the reserve; and

(iv) For the safety of children using the yards of the adjacent properties, the road reserve is to be fenced either side for a distance of 80 metres.

P08/10/11 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett

Recommend that Council approve the request to change existing approval for reconfiguring a lot (DA06477) over Lot 53 SP164239, located at White Tail Drive, Banks Pocket, subject to a new condition requiring the applicant provide a dust reduced treatment for the full length of the access. Further that the matter be referred to the Design Services Division for any necessary remediation works to ensure access arrangements are legal.

Carried.



SECTION 4: PLANNING APPLICATIONS PENDING 4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AN Acknowledgment Notice AL Acknowledgement Letter RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice ALOD Adjoining Land Owners Details PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA17897 Morris (MKM)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (MKM)

Dray Road, Widgee

Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

2009-1859 Christensen (MKM)

14 Glastonbury Road, Southside

2 x Two (2) Storey Town Houses & 2 x Two (2) Unit Apartments

DMS. Report to P&D Committee Meeting. (1) Submission.

2010-0891 Roberts Bros Pty Ltd (TMS)

600 Bruce Highway, Chatsworth

Preliminary Approval to Effect the Local Planning Scheme

Application on hold till 30/12/11. DTMR rfi issued 15/07/10 & DLGP extended time to respond to RFI until 30/12/11.

2010-1030 White (LF)

28 Smyth Street, Gympie

Multi-Residential Four (4) Units

RFI response due 09/02/12. Concurrence Agency DTMR rfi issued 27/07/10.

2010-1348 Newman (TMS)

149 Tagigan Road, Goomboorian

Food or Entertainment Venue (Function Venue)

Reported to P&D Committee Meeting 17/08/11. On hold at applicant’s request. (11) Submissions. One (1) Petition.

2010-1351 Medialoco (LF)

29A Shields Street, Gympie

Multi-Residential - Three (3) Dwelling Units

DMS. DN due.



File Number & Applicant Location Nature of

Application Status

2010-1870 Canty (TMS)

Bella Creek Road, Bella Creek

Accommodation Premises (Camping & Cabins) Food or Entertainment Venue (Multi Sports Park & Kiosk) and ERA #63 Sewage Treatment (2) (a) 21ep to 100ep Premises)

PNS. Submissions due 08/09/11. Concurrence Agencies DERM rfi received 25/07/11, DTMR response received 16/03/11. DIP response received 10/08/11. Advice Agency DERM rfi received 25/07/11. Extension of DERM dms received 17/08/11.

2010-1921 Nargoon Cattle Co (LF)

Old Boonara Road, Cinnabar

MCU - Intensive Animal Husbandry (Increasing Existing 100 to 499 SCU Feedlot) & ERA #2(1)(b) Intense Animal Feed Lotting Cattle 150-1000scu

Compliance of PNS received 29/08/11. Nil (0) Submissions. Refer to Item 2/1 in Today’s Agenda.

2010-2019 G & G Securities (TMS)

Cootharaba Road, Gympie

Seeking a Preliminary Approval Varying the Effect of the Local Planning Instrument

DMS on hold till 31/12/11.

2010-2055 Anderleigh Enterprises Pty Ltd (MKM)

270 Sorensen Road, Gunalda

Extractive Industry & ERA # 16 Extractive and Screening Activities, 2 (c) 100,000 to 1,000,000 Tonnes Per Annum

Compliance of PNS received 09/08/11. Nil (0) Submissions. DERM ext rfi period 14/09/11.

2010-2014 Monkira Dev P/L AFT Tilt Family Trust (LF)

3 & 7 Flynn Road, Gympie

COMBINED MCU - Multi-Residential (23 Dwelling Units) & RAL – Boundary Realignment.

Decision Notice issued 21/07/11. Ten (10) Submissions. Amended DN sent 01/09/11

2011-0154 Tamaree Developments Pty Ltd (TMS)

Tamaree, Garowme & Cloey Roads, Tamaree

Preliminary Approval to Vary the Effect of the Planning Scheme for an Industrial Development

DMS. DN due. Reported to P&D Committee Meeting 21/09/11.

2011-0193 Pakrat Pty Ltd (LF)

31 Scrub Road, Gunalda

Commercial Facility (Showroom - Hardware Store)

DMS. Report to P&D Committee Meeting. One (1) Submission




Application Status

2011-0657 Singtel Optus Pty Ltd C/- Daly International (SAC)

Western Creek Road, Imbil

Public Utility (Telecommunications Facility)

AN issued 03/06/11. RFI issued 01/07/11. Awaiting applicant’s response. Concurrence Agency DERM response received 27/07/11.

2011-0673 Boyce (KMF)

185 Spencer Road, Kilkivan

Animal Keeping (Dog Kennels)

PNS. Commencement of PNS received 30/08/11.

2011-0745 Delgos (LF)

8 Crown Road, Gympie

COMBINED - Multi-Residential (4 Units) & Building Work Assessable against the Planning Scheme (Removal of Character Building)

DMS. DN due.

2011-0744 Victory Church (LF)

173-175 Old Maryborough Road, Araluen

Multi-purpose Hall DMS. DN due.

2011-0878 Curra Country Sandstone Supplies (LF)

Gardners Lane, Curra

Extractive Industry (Sandstone Quarry) & ERA #20 (Extracting rock, sand, clay, gravel, loan or other material <5000t per annum)

AN issued 07/07/11. RFI sent 03/08/11. Awaiting applicant’s response.

2011-1101 Total Communications Infrastructure (MKM)

23 Karoonda Road, Rainbow Beach

Public Utility (Telecommunications Facility)

Amended AN issued 26/08/11. Advice Agency DERM. ALOD issued 08/09/11.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

Part RFI response received 16/12/10.

DA17123 Wilson (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

Letter sent 08/10/10 requesting intentions to finalise.

2009-0893 The Clayton Family Superannuation Fund (TMS)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

DMS. DN due. Additional information received 08/11/10.




Application Status

2009-1648 Reyloh (KMT)

17,19,21, & 23 Oak Street and 22 Chatsworth Road, Gympie

Accommodation Premises (84 Motel Units and Caretaker’s Residence) and Food or Entertainment Venue (Restaurant and Function Room)

Applicant negotiating with DTMR.

2009-2130 CJ Black Medical Pty Ltd aft CJ Black Investment Trust (LF)

63 King Street, Gympie

COMBINED – MCU - Multi-Residential Six (6) Units & RAL - Subdivision to Create One (1) Additional Lot

DMS. Reported to P&D Committee Meeting 20/04/11. Additional information received 27/07/11.

2010-1209 Gympie Regional Council (TMS)

Bayside Road, Tin Can Bay

Public Utility (Waste Transfer Station) & ERA # 62 (Waste transfer station operation)

DMS. DN due.

2010-1520 Building Suncoast Green (LF)

18 Brisbane Road, Gympie

COMBINED MCU - General Industry (Tyre Fitting Workshop) & OW - (Stormwater, Earthworks, Landscaping & Driveway)

DMS. DN due.

2010-1649 AJ & DA Corbet ATF AJ & DA Corbet Family Trust (MKM)

20 Barter Street, Gympie

Commercial Premises (Professional Offices)

DMS. DN due. DMS extended until 12/10/11 at applicant’s request.

2010-1752 Morrison (MKM)

2 Stanley Street, Gympie

Multi-Residential (Seven (7) Units in Two (2) Stages

DMS. DN due.

2010-1765 Gympie Regional Council (TMS)

Bonnick Road, Gympie

Public Utility – (Expansion of Waste Management Facility)

RFI response received 13/05/11. Concurrence Agency DERM rfi sent 27/01/11.

2010-2026 AHC Ltd (TMS)

5 Woolgar Road, Southside

Commercial Premises (Service Station & Shop)

RFI sent 17/02/11. Awaiting applicant’s response. Concurrence Agency DTMR response received 01/03/11.




Application Status

2011-0124 Peskops (TMS)

355 Sterling Road, Kandanga Creek

Intensive Animal Husbandry - Piggery (Free Range Pig Farm) and ERA#3 (1) Pig Keeping - Keeping 20 - 400 standard pig units

DMS on hold. DEEDIs amended response received 05/09/11.

2011-0333 Huba (LF)

Kimberley Avenue, Southside

Multi-Residential (Duplex)

DMS. DN due.

2011-0741 Gympie Regional Council (SAC)

Mt Olive Road, Cinnabar

Extractive Industry (Gravel Extraction & Production) & Environmentally Relevant Activity [ERA # 16 Extractive & Screening Activities - 2(b) extracting, other than by dredging 5 000t to 100 000t per annum and 3(a) screening 5 000t to 100 000t per annum]

Amended AN & RFI issued 19/07/11. Concurrence Agency DERM extended rfi period until 18/08/11.

2011-0762 Lloyd (KMF)

71 Little Road, Glastonbury

Intensive Animal Husbandry - Piggery (Free Range Pig Farm)

RFI issued 19/07/11. Awaiting applicant’s response. Concurrence Agencies DEEDI (RFI issued 04/08/11) & DERM.

2011-0908 Cooloola Building Approvals (PKM)

51 Investigator Avenue, Cooloola Cove

Multi-Residential (Second Dwelling – Relatives Residence)

DMS. DN due.

2011-0775 Wrightbros New & Used Homes (PKM)

1980 Mary Valley Road, Kandanga

Dwelling House (Relocatable Dwelling)

RFI issued 27/07/11. Awaiting applicant’s response.

2011-0784 Neerdie Rural Fire Brigade (KMF)

Power Street, Neerdie

Community Services (Rural Fire Brigade Shed)

DMS. DN due.


82 Old Maryborough Road, Gympie

Multi-Residential (Second Dwelling – Relatives Residence)

RFI sent 25/08/11. Awaiting applicant’s response.




Application Status

2011-1059 The Kedding Group Pty Ltd (SAC)

530 Tin Can Bay Road, Canina

Multi-Residential (Dwelling & Granny Flat)

AN and RFI issued 29/08/11. Concurrence Agency DTMR response due.

2011-1206 Hotondo Gympie P/L (SAC)

94 Kirsten Drive, Curra

Residential Premises (Duplex Dwelling house)

RFI due.

2011-1114 Cyber Drafting & Design (KMF)

124 Yabba Creek Road, Imbil

Commercial Premises (66 Open Market Stalls)

AN issued 06/09/11. Concurrence Agency DTMR. RFI due. RFI issued 16/09/11. Awaiting applicant’s response.

2011-1160 Stirling Homes QLD (KMF)

Nicholls Road, Monkland

Multi-Residential (Duplex on proposed Lot 9)

AN issued 06/09/11. Concurrence Agency DTMR. RFI due.


6 Green Drive, Gunalda

Dwelling house within Significant Habitat Area

RFI due.

2011-0923 Rainbow Beach Surf Life Saving Club Inc. (LF)

Wide Bay Esplanade, Rainbow Beach

Community Services and Food or Entertainment Venue (Extension to Existing Club)

AN issued 23/09/11. RFI due.

2011-1316 Optus Mobile (PKM)

Hall Street, Kilkivan

Major Utility (Telecommunications Facility)

AN issued 27/09/11. RFI due.

2011-1276 Coastbuild Pty Ltd T/As Morcraft Homes (SAC)

4 George Street, Brooloo

Dwelling House RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1098 Allen-Co Holdings Pty Ltd (SAC)

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

RFI sent 11/11/09. Awaiting applicant’s response. Concurrence Agencies DTMR rfi issued 20/08/10. DERM (VMA) rfi issued 06/09/10 & DERM (EPA-clu) rfi issued 06/09/10. Extension of DERM rfi response period until 31/01/12.

2011-0534 Ahern James Naismith Pty Ltd (LF)

Upper Widgee Road, Widgee

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. One (1) Submission.




Application Status

2011-1093 Daddamarine Pty Ltd (LF)

Daddamarine Road, Booubyjan

Boundary Realignment

PNS. ALOD sent 12/9/11. Referral Agencies – Nil.

RECONFIGURING A LOT – CODE ASSESSMENT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)

DMS. Report to P&D Committee Meeting.

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside


DMS. Report to P&D Committee Meeting. Letter sent to DTMR 14/04/10. Awaiting response.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/06/09. Referral Agency DMR rfi issued 23/03/09. Advice Agency Energex response received 20/03/09.

2010-0428 Bay Survey Consultants (KMF)

Langton Road, Monkland

Subdivision to Create Eleven Additional Lots

DMS. Report to P&D Committee Meeting.

2010-2058 Dickinson (TMS)

308 Carlo Road, Rainbow Beach

Subdivision to Create (45) Additional Lots

RFI response received 13/07/11. Concurrence & Advice Agency DERM stoped IDAS process 28/07/11.

2011-0152 Dunn (MKM)

25 Samantha Drive, Pie Creek



2011-0230 MacKay (LF)

343 Hyland Road, East Deep Creek

Subdivision to Create (2) Additional Lots in Two (2) Stages


2011-0259 Smillie (LF)

38 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots and Access Easement

AN issued 24/03/11. RFI issued 28/04/11. Concurrence Agency DTMR. DTMR rfi issued 12/04/11.

2011-0379 Partington (SAC)

81 Donald Drive, Curra

Subdivision to Create Two (2) Additional Lots


2011-0331 Resland Management (Aust) Pty Ltd (KMF)

Ranson Road, Gympie

Subdivision to Create (3) Three Additional Lots


2011-0590 Jones, Condon & Mallon (LF)

62 Noosa Road, Monkland

Subdivision to Create 21 Additional Lots

RFI issued 09/06/11. Awaiting applicant’s response. Advice Agency Energex response received 17/06/11.




Application Status

2011-0611 Ahern James Naismith (Gympie) (KMF)

287 Marys Creek Road, Marys Creek

Subdivision to Create Two New Lots from Two Existing Lots


2011-0654 Drollinger (LF)

126 Tamaree Road, Tamaree


AN issued 02/06/11. RFI not required. Concurrence Agency DERM.

2011-0670 Downunder Properties Pty Ltd (LF)

Tin Can Bay Road, Tin Can Bay

Subdivision to Create (10) Additional Lots

Amended AN issued 29/07/11. RFI issued 19/07/11. Awaiting applicant’s response. Concurrence Agencies DERM & DTMR. Advice Agencies DERM & Energex response received 22/07/11. DTMR rfi issued 15/08/11.

2011-0746 Treloar (MKM)

26 Holding Road, The Dawn



2011-0778 Walker (MKM)

27 Pine Street, Gympie

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2011-0856 Alexander (SAC)

72 Old Veteran Road, Veteran

Subdivision to Create (1) Additional Lot


2011-0876 Aspinall (SAC)

Jimbour Road, The Palms

Subdivision to Create Four (4) Additional Lots

RFI sent 04/08/11. Advice Agency DERM response received 18/07/11.

2011-0994 Delisser (MKM)

53 Old Veteran Road, Veteran

Subdivision to Create One (1) Additional Lot and Access Easement

DMS. DN due.

2011-0995 Sims (MKM)

62 Osborne Court, Wallu

Subdivision to Create (2) Additional Lots and Access Easement


2011-0960 Treeby (MKM) (eDA)

43 Old Veteran Rd, Veteran

Subdivision to Create (1) Additional Lot


2011-1112 Edwards (KMF)

49 & 61 Megan Road, Southside

Subdivision to Create Two New Lots from Two Existing Lots

DMS. DN due.

2011-1198 Caremar Pty Ltd (MKM)

22 Barton Road, Victory Heights

Subdivision to Create 17 Additional Lots





Application Status

2011-1216 Gympie Regional Council (LF)

Noosa Road, Gympie


AN issued 06/09/11. RFI due. Concurrence Agency DTMR. Advice agency Energex.

2011-1230 Kalinski (MKM)

Samara Crescent, Veteran

Subdivision to Create Three (3) Additional Lots


2011-1260 Bruce Ridgway (LF)

74 Silky Oak Drive, Nahrunda


RFI due.

2011-1285 Whispering Pines Lodge (PKM)

O’Connell Road, Traveston

Boundary Realignment (2 Lots into 2 Lots)

RFI due.

2011-1309 Gympie Regional Council (KMF)

Yabba Road, Imbil


DMS. DN due.

2011-1313 Martoo Consulting Pty Ltd (PKM)

29 Heather Street, Southside

Subdivision to Create Three (3) Additional Lots and Access Easement

RFI due.

2011-1348 Blanckensee (LF)

118 Kenman Road & 458 Traveston Road, Traveston


RFI due.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (TMS)

391 Bruce Highway North, Two Mile

Earthworks Part response to RFI received 07/08/09.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

Site Works, Driveway Access, Carparking & Landscaping

DMS. DN due.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

Letter sent requesting intentions. Response due 30/06/11.




Application Status

2008-1682 Lohage (LF)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

DMS. DN due.

2011-0286 Pegasus Biz Pty Ltd (TMS)

Wisteria Lane, Southside

Roadworks, Stormwater, Water Infrastructure, Clearing Vegetation under the Planning Scheme, Drainage works, Earthworks, Sewerage Infrastructure & Landscaping

DMS. DN due. Request for additional information sent 18/05/11.

2011-0731 Ken Hudson & Associates (MKM)

136 Green Trees Road, Pie Creek

Roadworks, Stormwater Drainage & Access Construction


2011-0766 Delgos (LF)

Old Goomboorian Road, Veteran

Roadworks, Earthworks, Stormwater Drainage & Signage


2011-0992 Hutchinson (LF)

98-102 River Road, Gympie

Stormwater , Landscaping, Roadworks, Water & Sewerage Infrastructure


2011-1013 Ken Hudson & Associates Consulting Engineers (PRM)

440 Jimbour Road, The Palms

Drainage Works, Stormwater, and Earthworks

RFI due.

2011-1356 DMC Enterprises Pty Ltd (TMS)

Groundwater Road, Jones Hill

Landscaping RFI due.




Application Status

OPERATIONAL WORK – ADVERTISING DEVICES 2011-0505 Bishopp Outdoor Advertising Pty Ltd (PKM)

2005 Bruce Highway, Kybong

Advertising Device One (1) Freestanding Non-Moving Sign

DMS. DN due.

2011-1219 Opus International Consultants (Australia) Pty Ltd (TMS)

66 Emperor Street, Tin Can Bay

Water and Sewerage Infrastructure and Drainage Work for 3 Lot Residential Subdivision

RFI due.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME 2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 (building application).

2011-1099 Cooloola Building Approvals (LF)

6 Railway Ct, Gympie

Siting Requirements for a Class 2-9 Structure

DMS. DN due.

2011-0880 Madills (SAC)

Mellor Street, Gympie

Showroom RFI issued 31/08/11. Awaiting applicant’s response.

2011-1233 MFM Consulting Pty Ltd (PKM)

1206 Anderleigh Road, Anderleigh

Dwelling additions assessed against Natural Features and Resources Overlay Code

RFI due.

COMPLIANCE ASSESSMENT 2011-0274 Bailey (KMF)

80 Howe Road, Traveston

Access Driveway Received 16/09/11.

P09/10/11 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett

Recommend that the information be noted.

Carried.



4/2 Development Applications Approved File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-0450 Greenco Developments Pty Ltd (SAC)

1-11 Pinewood Avenue, Gympie

16/09/11 Reconfiguring a Lot – Boundary Realignment

Development Permit

2011-0579 Garage World Gympie (MKM)

1 & 3 Boonara Street, Goomeri

19/09/11 Material Change of Use – Shop

Development Permit

2011-0584 Callaghan & Toth Consulting Engineers (TMS)

Bruce Highway (North), Chatsworth

13/09/11 Operational Work – Roadworks and Stormwater Drainage for Approved Rural Residential Subdivision (Stage 2)

Preliminary Approval

2011-0579 Garage World Gympie (MKM)

1 & 3 Boonara Street, Goomeri

19/09/11 Material Change of Use – Shop

Development Permit

2011-1088 House (PKM)

19 Maxwell Place & 76 Donald Drive, Curra

22/09/11 Reconfiguring a Lot – Boundary Realignment

Development Permit

2011-0948 Urlich (SAC)

25 Nicholls Road, Monkland

20/09/11 Operational Work – Water & Sewerage Infrastructure, Stormwater and Earthworks

Development Permit

2011-0439 Reece Australia Ltd (LF)

2 Clematis Street, Gympie

23/09/11 Material Change of Use – Warehouse and Showroom and Operational Work – Advertising Device (One (1) Freestanding Non-Moving Sign)

Development Permit



File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-1148 Caloundra Building Approvals (SAC)

28 Daphne Cresen, Curra

26/09/11 Material Change of Use – Dwelling House

Development Permit

2011-1147 Adept Building Approvals (SAC)

11 Elizabeth Street, Imbil

22/09/11 Building Work (Removal Dwelling)

Concurrence Agency Response

2010-1024 Faeden Proprietary Limited (MKM)

2 Old Wolvi Road, Victory Heights

15/04/11 Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot

Amended Decision Notice deleting roadworks requirements

2010-1573 Bernard Timbers Pty Ltd (TMS)

1702 Tin Can Bay Road, Goomboorian

22/10/11 Material Change of Use of Premises – Environmentally Relevant Activity #8 Chemical Storage (Threshold (3) (a) - storing 10m3 to 500m3 of chemicals of class C1 or C2 combustible liquids under AS1940 or dangerous goods class 3)

Amended Decision Notice deleting approved operating hours

2008-0999 Sheehy & Partners (TMS)

Achilles Avenue, Cooloola Cove

27/09/11 Operational Work (Roadworks, Earthworks, Stormwater Drainage, - Sewerage and Water Reticulation)

Approval letter to Extend Currency Period to 01/09/13

P10/10/11 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

Recommend that the information be noted.

Carried.



SECTION 5: GENERAL MATTERS 5/1 2011-1099 – Building Work made assessable against the Planning

Scheme – [Siting requirements for a Class 2-9 Structure (Demountable Office)] – Lot 15 SP 135758 – 6 Railway Court, Glanmire for Cooloola Building Approvals Re: P11/10/11 Building Work made assessable against the

Planning Scheme – [Siting requirements for a Class 2 -9 Structure (Demountable Office)] – Lot 15 SP 135758 – 6 Railway Court, Glanmire

From: Cooloola Building Approvals File: 2011-1099 Date: 28 September 2011



Report: (Planning Officer – L.M Farrelly) BACKGROUND Council has received an application from Cooloola Building Approvals seeking permission to relax the required (6m) road boundary clearance on the subject allotment, 6 Railway Court, Glanmire – Lot 15 SP 135758. This application proposes a minimum 0.5 metre setback to the road frontage for a demountable office in the Industry Zone. ASSESSMENT Grounds submitted by the applicant to support the request include:

-‘there is no office space and this is the only position on site where the proposed office building can be that will not inconvenience car parking space and loading and unloading of articulated vehicles.’

Development Site



Planning Comment:

• The application has not addressed the provisions of the planning scheme in relation to siting. PS-12 requires all buildings and use areas to be set back a minimum of 6 metres from all road frontages. The proposal does not comply with this so regard must be had for SO-12 which states:

‘Buildings, structures, works and use areas are appropriately sited with respect to boundary setbacks to protect the privacy and access to natural light and breeze of adjoining and surrounding premises, and allow the provision of landscaping.’

The new office building is not considered appropriately sited and it does not allow for the provision of landscaping along the frontage. The building is to be positioned such that the side wall of the building will be facing Railway Court and offers nothing towards street presentation.

• The justification submitted (i.e. that there is nowhere else on-site)

is not considered adequate to warrant a deviation of the normally required 6 metre setback.

• If the proposed location of the office (within the road boundary

setback) is the only place the office can be located, this indicates that the site may be overdeveloped and alternatively, the applicant could seek to find larger premises (rather than apply for concessions to standard planning and building requirements).

• There are no other precedents in Railway Court that would add

support to this request.

• There are no site-specific circumstances that add support to this request.

• The applicant advised that the demountable building would be

used for the duration of the proposed use. Approval would therefore be to establish the demountable building for an indefinite amount of time. Furthermore, if the demountable was left on site and the industrial shed is sold/ re-leased, it would be reasonable for the buyer/ new lessee to assume the demountable was approved, possibly creating an enforcement issue for Council at that stage.



• The previously approved building and operational work application over the site for the existing industrial shed (ie DA11809) required the installation of landscaping where the new demountable office building is proposed to be sited. This landscaping requirement would have been assessed and conditioned as part of the original Material Change of Use and should be provided. Alternatively, a change to approval application could be made to Council to remove this requirement.

Site Plan

Prop

osed

D

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Offi

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Elevations



Floor Plan



P11/10/11 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske

Recommend that Council, as Assessment Manager, REFUSE development application 2011-1099 Building Work made assessable against the Planning Scheme – [Siting requirements for a Class 2 -9 Structure (Demountable Office)], Lot 15 SP 135758 – 6 Railway Court, Glanmire for the following reasons: (a) The proposed demountable office does not comply with

relevant planning scheme provisions for building siting and setbacks and sufficient grounds have not been provided to warrant approval despite non-compliance.

Further that Council encourage the applicant to discuss alternative options for the siting of this building with officers of the planning and development directorate.

Carried.

5/2 Application for Liquor Licence – Amamoor Coach Inn - Lot 3 SP197501

- 266 Blackgate Road Amamoor Re: P12/10/11 Application for Liquor Licence From: Office of Liquor and Gaming Regulation Location: Amamoor Coach Inn Site: 266 Blackgate Road Amamoor RPD: Lot 3 SP197501 File: 6/4/05/0009 Date: 6 September 2011



Report: (Planning Assistant – K. M. Fuller) 1.0 The Liquor Licensing Division requests Council’s comments in

relation to an application for a liquor licence for the Amamoor Coach Inn.

2.0 If the license is granted it will enable the holder to sell liquor on

and off the premises (i.e. takeaway liquor). 3.0 The site is zoned Rural and is subject to a previous approval

granted on 24 February 2010 for a Material Change of Use for a Food or Entertainment Venue (Tavern) and Accommodation Premises (10 Unit Motel and Manager’s Residence).

4.0 It should be noted that at this time a building permit has not been

issued and construction of the premises has not started. 5.0 Liquor licence trading hours are proposed to be 10:00am to

12 Midnight – Monday to Sunday. Permitted hours of operation as required by Condition 3.6 of the approval are 10.00am to 10.00pm Monday to Sunday. The applicant is required to comply with conditions of the development approval even if the liquor licence hours granted exceed these approved hours.

6.0 No planning issues are raised with the issue of a liquor licence for

this use. Letter received from Office of Liquor and Gaming Regulation 6 September 2011 “Enclosed for your information is a copy of the advertising notice relating to an application lodged for the above named premises. If this licence is granted it would enable the holder to sell liquor for consumption on the premises and off the premises (takeaway liquor). The licence will also authorise the provision of meals and accommodation as required under the licence and the provision of the premises and catering facilities for use by persons genuinely attending a function on the premises. In addition, up to three (3) bottle shops may be established within 10km of this site. Please not that the applicant has also indicated their intention to include an outdoor dining area as part of their proposed licensed area.



By law, the relevant local government authority for the locality must be informed of the application and afforded the opportunity to: • Comment on the reasonable requirements of the public in the locality. • Object to the grant of the application on the grounds that the amenity,

quiet or good order of the locality would be lessened. If you do not support the application, your comments or objection should include full particulars of: • The grounds upon which the objection is made. • The facts, evidence or reasons upon which it is based. The delegate of the chief executive cannot rely on statements that merely indicated the council does not support, or objects to the application. Please note that any comments or objection provided may be referred to the applicant. Compliance with technical local authority requirements such as town planning, health and building approvals is checked separately, although you are welcome to canvass these matters in your reply to this letter. Please advise whether you have any comments on, or objections to, the granting of the application. Under section 117 of the Liquor Act 1992, your comments or objection should be received by 13 October 2011. If you require clarification on any of these matters, please contact the Customer Support Team on telephone 3224 7131.”



P12/10/11 Moved: Cr A.J. Perrett Seconded: Cr G.L. Engeman Recommend that Council advise the enquirer that no objection is offered or concerns raised in relation to the issue of a Liquor Licence for the Amamoor Coach Inn to be located at 266 Blackgate Road, Amamoor.

Carried.



SECTION 6: MATTERS FOR COUNCIL’S INFORMATION Nil

Ms T.M. Stenholm left the meeting at 9.35 a.m.

COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee”

to discuss 1. Show Cause Notice – 2 Mary St, Gympie – Reimbursement of Cost P13/10/11 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske That pursuant to the provisions of Section 72 of the Local Government

(Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:-

1. Show Cause Notice – 2 Mary St, Gympie – Reimbursement of Cost Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

COUNCIL OUT OF COMMITTEE P14/10/11 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman That proceedings be resumed in Open Council.

Carried.



SECTION 7: “IN COMMITTEE” ITEMS

7/1 Show Cause Notice – 2 Mary St, Gympie – Reimbursement of Cost P15/10/11 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that the written request to have Council reimburse the tenants of 2 Mary Street for cost incurred to engage an independent Building Surveyor to address the Show Cause Notice 2011-735 on their behalf, be rejected.

Carried.

SECTION 9: ATTACHMENTS Attachment 1: For Councillors Only

There being no further business the meeting closed at 10.05 a.m.

CONFIRMED THIS THE NINETEENTH DAY OF OCTOBER 2011

_____________________________________________ Cr I.T. Petersen

Chairman

2011-10-05 planning & development committee …...2011/10/05 · on wednesday 5 october 2011 at...

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