8 april 2013 raymond j cross and eileen g cross c/- … · 2014-09-24 · raymond j cross and...

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YOUR REF: OUR REF: DA-2013-49 8 April 2013 Raymond J Cross and Eileen G Cross C/- Development Certification PO Box 1155 AITKENVALE QLD 4814 Dear Sir/Madam DECISION NOTICE Applicant: Raymond J Cross and Eileen G Cross Proposal: Material Change of Use - Dwelling House (Flood and Inundation Overlay) Application Number: DA-2013-49 Address: 18 King Street, NORTH MACKAY QLD 4740 Property Description: Lot 12 on SP228221 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use If you require any further information, please contact Helle Jorgensen Smith. This is a Mackay Regional Council digitally signed document.

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Page 1: 8 April 2013 Raymond J Cross and Eileen G Cross C/- … · 2014-09-24 · Raymond J Cross and Eileen G Cross C/- Development Certification PO Box 1155 ... earthworks activities likely

YOUR REF:

OUR REF: DA-2013-49

8 April 2013 Raymond J Cross and Eileen G Cross C/- Development Certification PO Box 1155 AITKENVALE QLD 4814 Dear Sir/Madam DECISION NOTICE Applicant: Raymond J Cross and Eileen G Cross Proposal: Material Change of Use - Dwelling House (Flood and

Inundation Overlay) Application Number: DA-2013-49 Address: 18 King Street, NORTH MACKAY QLD 4740 Property Description: Lot 12 on SP228221 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use If you require any further information, please contact Helle Jorgensen Smith.

This is a Mackay Regional Council digitally signed document.

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Decision Notice

Sustainable Planning Act

Application Number: DA-2013-49

Date of Decision: 8 April 2013

1. APPLICANT/S DETAILS

Name: Raymond J Cross and Eileen G Cross

Postal Address:

C/- Development Certification

PO Box 1155

AITKENVALE QLD 4814

2. PROPERTY DETAILS

Property Address: 18 King Street, NORTH MACKAY QLD 4740

Property Description: Lot 12 on SP228221

3. OWNER’S DETAILS

Raymond J Cross and Eileen G Cross

4. PROPOSAL

Material Change of Use - Dwelling House (Flood and Inundation Overlay)

5. DECISION TYPE

DEVELOPMENT DECISION Material Change of Use Development Permit

Approved in Full subject to Conditions

This is a Mackay Regional Council digitally signed document.

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Decision Notice

Sustainable Planning Act

6. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

7. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this Application.

8. SUBMISSIONS

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

This decision is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

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

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 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 2009 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

This is a Mackay Regional Council digitally signed document.

Shane
Typewritten Text
8th April 2013
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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-49 Applicant’s Name: Raymond J Cross and Eileen G Cross

Decision Date: 8 April 2013  

Page 1 of 3 

1. Plan of Development

The approved Dwelling House 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.

Job Number

Drawing Number

Revision Prepared by Date

RC 02 WD 00 - John Morris Builder - RC 02 WD 01 0 John Morris Builder August 2009 RC 02 WD 04 0 John Morris Builder August 2009 RC 02 WD 05 0 John Morris Builder August 2009 RC 02 WD 06 0 John Morris Builder August 2009

2. Compliance with Conditions (Prior to Occupancy)

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

3. 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. 4. 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. 5. Fill in Building Footprint Filling on site is to be restricted to building footprint and driveways only. Filling of other parts of the site must be limited to the minimum amount necessary to achieve the grade of 1 in 200 from rear boundary to the street. 6. Damage Any damage which is caused to Council's infrastructure as a result of the proposed development must be repaired immediately. 7. 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 Construction Specificaitions.

This is a Mackay Regional Council digitally signed document.

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-49 Applicant’s Name: Raymond J Cross and Eileen G Cross

Decision Date: 8 April 2013  

Page 2 of 3 

8. Minor Works Permit A Minor Works Approval is required for the construction of the following:

Invert Crossing and Concrete Driveway Stormwater Connections

9. 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.

10. Floor Level The minimum habitable floor level of the proposed development must be the higher of:

300mm above the Q100 flood level (Q100 flood level = RL 5.94m AHD) 300mm above the top of kerb 300mm above the crown of the road 225mm above ground level

11. Existing Services - Water and Sewer

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

12. Live Connections Council's Water and Waste Services Department is to carry out all water connections and live sewer work at the developer's expense.

ASSESSMENT MANAGER’S ADVICE  1. Local Laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

This is a Mackay Regional Council digitally signed document.

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-49 Applicant’s Name: Raymond J Cross and Eileen G Cross

Decision Date: 8 April 2013  

Page 3 of 3 

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, 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 Chapter 8, Part 3C of the Environmental Protection Act 1994 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 Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. General Safety of Public during Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

7. Contaminated Land

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

This is a Mackay Regional Council digitally signed document.

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Job No

Drwg No

JOHN MORRIS BUILDER

B.S.A. Lic No : 16189. A.B.N. 96 440 771 244

20 Bronte Street. Mackay QLD 4740.Phone 4952 1278 Fax 4952 1623 Mob 0418 776 594

RESIDENTIAL : COMMERCIAL

PROPOSED UNITS FOR R & E CROSSAT 18 KING STREET MACKAY

RC 02

WD 00

Scale

1 View from Rear

Scale

2 View from King Street

This is a Mackay Regional Council digitally signed document.

megana
Received (Manual Date)
hellej
Manual DA & Date
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KING STREET

PROPOSEDRESIDENCE

+R.L

. 4.8

1

+R.L

. 4.8

1

Existing Council Sewer

CrossoverConstruct in accordancewith MCC Dwg No PA3-773

DrivewayConstruct with 100 thick concrete slabwith 200 wide x 150 thick edge thickeningReinforce with 1 No layer SL 72 mesh,40 top cover.Provide saw cut control joints at max3000 crs, & provide compressable fillerstrip (Abelflex or similar) adjacent to allbuilding work

Bound

ary

27160

180°0

1'4

0"

Bound

ary

27160

0°0

1'4

0"

Alignment 20117270°01'10"

Boundary 20117270°01'10"

6600

24172100

9160

Existing Trees

All construction to conform with relevant Council Codes & By-Laws& with the Queensland Home Building Code.Builder to verify all levels & dimensions on site.No responsibility taken for information supplied by others.

Drawn

Date

Scale

Job No

Drwg No

JOHN MORRIS BUILDERB.S.A. Lic No : 16189 A.B.N. 96 440 771 24420 Bronte Street, Mackay QLD 4740. Phone 4952 1278, Fax 4952 1623 Mob 0418 776 594

1 : 2508/03/2013 7:22:34 AMF:\Drawings\Revit\John Morris Work\Ungerer St Unit\Cross 18 King Street Level 2.rvt

PROPOSED UNITS FOR R & E CROSSAT 18 KING STREET MACKAY

Builder

August 2009

RC 02

WD 01

Lot 12 on SP 228221Parish of BassettCounty of Carlisle18 King Street North Mackay

Floor AreaLiving 114.00 sq mGarage 40.32 sq mVerandahs 13.99 sq mSite Area 546 sq m

Level Datum

Building Floor LevelR.L. 6.240 A.H.D.

REAL PROPERTY DESCRIPTION

+ 7.

000

+ 7.000

Existing Level

Proposed Level

All construction to comply with relevant building codes& standards,Building Code of Australia, Queensland Building Regulations.

All stormwater to discharge to street channel via 90 dia PVCunderground stormwater lines where practical.

All prefabricated components, both metal & timber to be designed& manufactured as to the relevant codes & standards.(Timber framing to comply to AS1684.3-1999.Metal Framing to comply with guidelines as shown in the BHP &LysaghtsBuilding, Domestic Framing Design Manual for the requiredwind areas.)

All aluminium & timber framed window & doors to be fabricatedin accordance with AS1288.

Builder to verify levels & dimensions on site.No responsibility taken for information supplied by others.

Smoke alarm positions to comply with AS3786-1993,Smoke Alarms.

Scale 1 : 250WD 05

1 Site

This is a Mackay Regional Council digitally signed document.

hellej
Manual DA & Date
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1WD 07

1WD 07

1WD 08

1WD 08

DP DP

DP

GARAGE

BED 1

LOUNGE

KITCHEN

BATH

BED 2

BED 3

L/DRY

ENTRY

D02

D01

D04

D03

D09

D08

D07

D06

D05

D11

D10

W06

W08

W01

W03

W05

W07

W04

W02

W09

W10

W11

W12

W13

External wall200 concrete masonry

Refer eng details forreinforcing

Garage floor to beset down 100 mm

below main floor

Ramp floor atroller doors

300 wide x 25 mm fallto outside

Terrace slabto be set down 100 mm

below main floorFall 25 to outside

W / Robe

DP

DP

DP

Lin

en

W / Robe

W /

Robe

Line ofroof over

Positions of 1200 Øoverhead ceiling fans

BeamOver

BeamOver

Internal walls150 mm conc masonry

Refer eng details forreinforcing

Post100 x 100 Hwd

Water tank5000 litre

Post100 x 100 Hwd

Roof SheetingColorbond Metal

Custom orb profilefixed to manufacturers instructions

Sarking & InsulationTo comply

Flashings / Cappings / MoldsColorbond metal to suit

roof profile

InsulationAir-cell R2.5 insulation

or similar

Area of roofto discharge into

water tankMin 100 sq m

Roof Pitch15°

DPDP

DP

DP DP

Fascia gutterColorbond metal

Quad profile

All construction to conform with relevant Council Codes & By-Laws& with the Queensland Home Building Code.Builder to verify all levels & dimensions on site.No responsibility taken for information supplied by others.

Drawn

Date

Scale

Job No

Drwg No

JOHN MORRIS BUILDERB.S.A. Lic No : 16189 A.B.N. 96 440 771 24420 Bronte Street, Mackay QLD 4740. Phone 4952 1278, Fax 4952 1623 Mob 0418 776 594

1 : 10015/02/2013 8:12:55 AMF:\Drawings\Revit\John Morris Work\Ungerer St Unit\Cross 18 King Street Level.rvt

PROPOSED UNITS FOR R & E CROSSAT 18 KING STREET MACKAY

Builder

August 2009

RC 02

WD 04

Scale 1 : 100WD 05

2 Z 000 Ground FloorScale 1 : 100

1 Roof Plan

This is a Mackay Regional Council digitally signed document.

hellej
Manual DA & Date
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Z 0

Roof SheetingColorbond MetalCustom orb profilefixed to manufacturers instructions

FootingsRefer Engineers detailsfor size & reinforcing

Ground level

Flashings / Cappings / MoldsColorbond metal to suitroof profile

Roof Pitch15°

DP DP DP

D17

D16

W16

W18

W17

External wall200 concrete masonryRefer eng details forreinforcing

Fascia gutterColorbond metalQuad profile

Z 0

Roof SheetingColorbond MetalCustom orb profilefixed to manufacturers instructions

FootingsRefer Engineers detailsfor size & reinforcing

Ground level

Flashings / Cappings / MoldsColorbond metal to suitroof profile

Roof Pitch15°

DPDPDP W21

W20

W19

External wall200 concrete masonryRefer eng details forreinforcing

Fascia gutterColorbond metalQuad profile

All construction to conform with relevant Council Codes & By-Laws& with the Queensland Home Building Code.Builder to verify all levels & dimensions on site.No responsibility taken for information supplied by others.

Drawn

Date

Scale

Job No

Drwg No

JOHN MORRIS BUILDERB.S.A. Lic No : 16189 A.B.N. 96 440 771 24420 Bronte Street, Mackay QLD 4740. Phone 4952 1278, Fax 4952 1623 Mob 0418 776 594

1 : 10015/02/2013 8:12:57 AMF:\Drawings\Revit\John Morris Work\Ungerer St Unit\Cross 18 King Street Level.rvt

PROPOSED UNITS FOR R & E CROSSAT 18 KING STREET MACKAY

Builder

August 2009

RC 02

WD 05

Scale 1 : 100

1 North Elevation

Scale 1 : 100

2 East Elevation

This is a Mackay Regional Council digitally signed document.

hellej
Manual DA & Date
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Z 0

Roof SheetingColorbond MetalCustom orb profilefixed to manufacturers instructions

FootingsRefer Engineers detailsfor size & reinforcing

Ground level

Flashings / Cappings / MoldsColorbond metal to suitroof profile

Roof Pitch15°

DP DP DP

D19

D18

W23

W22 W

24W25

External wall200 concrete masonryRefer eng details forreinforcing

Fascia gutterColorbond metalQuad profile

Z 0

Roof SheetingColorbond MetalCustom orb profilefixed to manufacturers instructions

FootingsRefer Engineers detailsfor size & reinforcing

Ground level

Flashings / Cappings / MoldsColorbond metal to suitroof profile

Roof Pitch15°

DP

W26

W27W

28 DPDP

External wall200 concrete masonryRefer eng details forreinforcing

Fascia gutterColorbond metalQuad profile

All construction to conform with relevant Council Codes & By-Laws& with the Queensland Home Building Code.Builder to verify all levels & dimensions on site.No responsibility taken for information supplied by others.

Drawn

Date

Scale

Job No

Drwg No

JOHN MORRIS BUILDERB.S.A. Lic No : 16189 A.B.N. 96 440 771 24420 Bronte Street, Mackay QLD 4740. Phone 4952 1278, Fax 4952 1623 Mob 0418 776 594

1 : 10015/02/2013 8:12:57 AMF:\Drawings\Revit\John Morris Work\Ungerer St Unit\Cross 18 King Street Level.rvt

PROPOSED UNITS FOR R & E CROSSAT 18 KING STREET MACKAY

Builder

August 2009

RC 02

WD 06

Scale 1 : 100

1 South Elevation

Scale 1 : 100

2 West Elevation

This is a Mackay Regional Council digitally signed document.

hellej
Manual DA & Date
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Decision Notice

Sustainable Planning Act

Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

This is a Mackay Regional Council digitally signed document.

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Decision Notice

Sustainable Planning Act

NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2013-49

Date of Approval 8 April 2013

Approved Material Change of Use - Dwelling House (Flood and Inundation Overlay)

Location 18 King Street, NORTH MACKAY QLD 4740

Property Description L12/SP228221 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: Raymond J Cross and Eileen G Cross Address: C/- Development Certification, PO Box 1155,

AITKENVALE QLD 4814

_________________________________________ Signature of Applicant Date: ______________

This is a Mackay Regional Council digitally signed document.