final minutes - mackay.qld.gov.au · 30362 20.11.2013 ordinary meeting minutes 30408 30.10.2013...

FINAL MINUTES

20 November 2013

FINAL MINUTES WEDNESDAY 20 NOVEMBER 2013

Table of Contents

Folio Date Particulars 30362 20.11.2013 Ordinary Meeting Minutes 30408 30.10.2013 Development Services Monthly Review - October 2013 30428 20.11.2013 Operational Plan 2013/2014 - 1st Quarter Review Declaration of Potential Conflict of Interest

Nil.

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ORDINARY MEETING

MINUTES

1. ATTENDANCE:

Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary). The meeting commenced at 10.00 am.

2. ABSENT ON COUNCIL BUSINESS:

Nil

3. APOLOGIES:

Nil

4. CONDOLENCES:

Nil

5. CONFIRMATION OF MINUTES:

5.1 ORDINARY MEETING MINUTES 13 NOVEMBER 2013

THAT the Ordinary Meeting Minutes held on 13 November 2013 be confirmed.

Moved Cr Casey Seconded Cr Jones

CARRIED

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6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil

7. MAYORAL MINUTES:

Nil

8. CORRESPONDENCE AND OFFICERS’ REPORTS:

8.1 DEVELOPMENT SERVICES - MONTHLY REVIEW REPORT FOR OCTOBER 2013

Author Director Development Services

Purpose

To review the attached Development Services Monthly Review Report for the month of October 2013.

Officer's Recommendation

THAT the attached report be received. Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Bonaventura

CARRIED

8.2 MATERIAL CHANGE OF USE - NOXIOUS, OFFENSIVE OR HAZARDOUS INDUSTRY (EXPLOSIVES STORAGE, ANCILLARY OFFICES & VEHICLE STORAGE) - 167 BARREN CREEK ROAD, CALEN - DA-2013-242

Application Number: DA-2013-242

Date Received: 12 June 2013

Action Officer: Darryl Bibay

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Applicant’s Details: Paulette M Caruana & Francis P Caruana C/-Cardno HRP PO Box 244 MACKAY QLD 4740

Proposal: Noxious, Offensive or Hazardous Industry (Explosives, Storage Ancillary Offices and Vehicle Storage)

Site Address: 167 Barren Creek Road, Calen

Property Description: Lot 26 on CI581

Owner’s Details: Paulette M Caruana and Francis P Caruana

Area: 76.36 ha

Planning Scheme: Mackay Planning Scheme

Planning Scheme Designations: Locality: Precinct: Zone:

Hinterland O'Connell River and Northern Steams Rural

Assessment Level: Impact

Submissions: Three (3) Properly Made Submissions

Referral Agencies: Department of Natural Resources and Mines (Third Party Advice)

Attachments: Attachment A: Attachment B: Attachment C:

Locality Plan Proposal Plan Referral Agency Response

Recommendation: Approved Subject to Conditions

ASSESSMENT OF APPLICATION Purpose The Material Change of Use application is for Noxious, Offensive or Hazardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage) at 167 Barren Creek Road, Calen (refer to Attachment A – Locality Plan). The application is impact assessable and received 3 properly made submissions objecting to the proposal. The submissions have not raised any grounds that cannot be appropriately conditioned. The application is recommended for approval subject to conditions.

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Background The site has a town planning consent for a Home-Occupation (Rural Workshop and Fabrication) on a 240m2 shed dated 17 November 1997. The main equipment approved for the business are welding and drilling, cutting, grinding and spray painting equipment. Subject Site and Surrounds The majority of the subject site is currently under cane cultivation, whilst additional uses include two dwellings, a rural shed and an approved Town Planning consent for a Home-Occupation (Rural Workshop and Fabrication) in an approved shed of 240m2. The site is accessed from the Bruce Highway via 7 km of sealed road along McIntyre Street, Calen Mount Charlton Road and Barren Creek Road The subject site has direct frontage to Barren Creek Road and Barron Pocket Road, both of which are Council controlled Access Roads constructed to a rural standard. Barren Creek Road bisects the premises north-south and is sealed up to the access point of the southern dwelling on the site. Barren Creek Road is unsealed north from this point, while Barron Pocket Road is unsealed for the length of the site frontage. A limited extent of mapped remnant vegetation remains on the site, located along the north eastern boundary of the allotment, away from the proposed use areas. The premises also have a riparian boundary with Barren Creek through the north of the premises and along the eastern boundary. The surrounding land uses are cane production, grazing and dwelling houses. Proposal The Applicant proposes to formalise the existing use of part of the premises for the storage of dangerous goods and explosives (collectively described as “explosives”), in addition to the use of two small demountable structures for ancillary records keeping plus secure lock-up of explosives site keys and covered vehicle storage. See attachment B for the proposal plan. A detailed summary is provided as follows: Table 1 Existing and proposed explosives storage Structures Detonators Ammonium

Nitrate (AN) - granular

Ammonium Nitrate Emulsion

(ANE) - liquid SITE M 3 containers (existing

explosives magazines) (12m2)

50,000 15t HE

SITE B Proposed ISO tank & shed / container (15m2)

Proposed 10 tonne equivalent HE (30t) (14t)

SITE C Proposed shed for truck storage (120m2) / ISO tank & 2 containers

(30m2)


SITE D Proposed ISO tank & Proposed 20 tonne equivalent HE

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Structures Detonators Ammonium Nitrate (AN) -

granular

Ammonium Nitrate Emulsion

(ANE) - liquid shed / container (120m2) (60t) (28t)

SITE E Proposed ISO tank & shed / container (30m2)


SITE F 2 containers (30m2) 50,000 10t HE SITE G 2 containers (30m2) 50,000 10t HE OFFICE 2 demountable buildings

(36m2)

Summary:

Dangerous Goods · Total AN = 180t

· Total ANE = 84t Explosives · Total HE = 80t

· Total IE = 150,000 detonators

PLANNING SCHEME ASSESSMENT This application is required to be assessed against the following codes in the current planning scheme:- · Mackay Hinterland Locality Code (O'Connell River and Northern Streams); · Rural Zone Code; · Industrial Code; · Environmental and Infrastructure Code; · Bushfire Management Overlay Code; · Good Quality Agricultural Land Overlay Code; and · Development on Steep Land Overlay Code. · Mackay Hinterland Locality Code

o Overall Outcomes

The proposal does not comply with P4 of Division 7 Specific Outcomes and Probable and Acceptable Solutions for the Mackay Hinterland Locality at first glance. h.) rural areas, particularly areas of good quality agricultural land identified in the

Reliance Creek precinct, the O’Connell River & Northern Streams precinct and the Pioneer River & Southern Streams precinct, are protected from the constraining effects of encroaching incompatible (such as urban or rural residential development) or sensitive land uses.

i.) non-rural activities in rural areas do not adversely affect the operation of rural uses.

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The explosives storage is associated with and necessarily ancillary to extractive industry, which has specifically been included in the definition of a Rural Activity in Schedule 1 “Administrative Definitions” of the Planning Scheme:

“Rural activity” means the use of land for agriculture, animal husbandry, aquaculture, extractive industries, forestry, intensive animal husbandry, kennels or a rural industry.

Therefore, the use of the land for explosives storage may be more appropriately regarded as a Rural Activity than an Urban Activity.

Due to the separation distances required from the explosives storage to a public road, there is no industrial zoned land – either low impact or high impact – which would satisfy the licence requirements for the storage of dangerous goods. Therefore there is no industrial land available which is suitable for the proposed use.

Non-rural activities in rural areas are limited to activities which specifically require the particular rural location and do not adversely affect the operation of rural uses, or the rural landscape and character of the area.

Whilst the site has characteristics which make it suitable for the storage of explosives (i.e. constructed road access, available separation distances), the use is not a location specific use and it is considered that the use can occur on this site.

· O'Connell River and Northern Streams Precinct

This proposal complies with the Overall Outcomes for the O'Connell River and Northern Streams Precinct within the Mackay Hinterland Locality

· Rural Zone Code

The proposal does not comply on first glance with P6 of Division 13 Overall & Specific Outcomes and Probable & Acceptable Solutions for the Rural Zone in the Mackay Hinterland Locality. o Overall Outcomes

(a) rural activities undertaken on land within the Rural Zone continue

unconstrained by encroachment of incompatible land uses. (c) non-rural activities do not occur.

As discussed earlier, the use is considered to be a rural activity and the location is acceptable.

Overlay Codes In addition to the above Codes, the application has been assessed against the following Overlay Codes of the Planning Scheme: · Bushfire Management Overlay Code

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The proposed storage areas are located within areas identified as medium risk bushfire hazard. An inspection of the site and review of RE mapping indicates the area contains bushland that is not subject to assessment for clearing under the Vegetation Protection Act. The probable solutions in S1.2 and S1.3 will be met through implementation of the following: o Clearing of trees immediately surrounding the storage compounds as required for

batter slope works associated with providing the level storage areas. o Maintenance of the storage areas free of combustible material. o Location of the tanks / containers within the compounds so as to maintain a

minimum separation distance greater than 10m form any potential fire source. o The farm access provides an immediate evacuation route away from the vegetated

area, and access for fire fighting purposes. o As no habitable buildings are proposed, no water supply for fire fighting purposes

is required. However, fire fighting equipment is proposed to be maintained at each storage site as required under the licence requirements of the dangerous goods storage codes.

· Good Quality Agricultural Land Overlay Code

The proposed storage sites are located outside the mapped areas of Good Quality Agricultural Land. The ancillary demountable buildings, whilst being located within a mapped area of GQAL, are located within the curtilage of the existing farm buildings and therefore do not create any impact on GQAL.

· Development on Steep Land Overlay Code

A Geotechnical Report will be conditioned to be provided as part of this development. Council issued an Information Request on that context but the response to information request was not satisfactory. This is because not only does the application lie within the Steep Land Overlay and the use is not an exempt use, but the evidence provided does not sufficiently determine the site as below 15% in gradient. The photos provided in Figure 5 of the town planning report also indicate that there is riling present on the batters (indicating stormwater runoff over the batters and scouring), that batters look to be steeper than desired, that some boulder dislodgement is present (indicating some slope instability) and that minor slumps are evident. The applicant may provide detailed site survey or geotechnical advice which may be provided to Council demonstrating the site is less than 15% in grade on that it can be conditioned to be low risk if it is in fact steeper than 15% in some areas where the use is proposed.

Industrial Code The proposal generally complies with the specific outcomes of the Industrial Code, notwithstanding the rural zone location.

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The site has an area of 76ha with a frontage of approximately 1,300m. The subject site is located within a rural area on a farm of 76ha and that the proposed storage areas are more than 500m and barely visible from a road, thus landscaping is not considered relevant in this instance. Notwithstanding, existing vegetation will be retained where practical to assist in providing natural screening. In terms of building setback, scale and appearance, Barren Creek Road is an Access Street. Therefore the required setback of the demountable buildings is 6m. The existing demountable buildings are estimated to be approximately 6m from the Barren Creek Road reserve. The storage areas are not located within the vicinity of any roads. No fencing is proposed along the road frontage. But security fencing around the storage site is proposed and will be barely visible or not visible from the road. Environment and Infrastructure Code The proposal generally complies with the specific outcomes of the Environment and Infrastructure Code. The storage area is elevated and is not within a floodplain or within proximity of a watercourse. The premise is not mapped as subject to flood and inundation. Notwithstanding, it is noted that two creek / gully systems intersect the property. The proposed storage area is located on the highest part of the land, separated from both systems. Therefore, the storage area is not at risk from flooding and inundation and does not place people or property at risk. Existing vegetation will be maintained where possible to maintain natural screening between the storage areas and Barren Creek Road. It is noted that the storage areas are more than 500m from the road. INFRASTRUCTURE CONSIDERATIONS Water & Sewer Reticulated water and sewerage are not available in the locality. Stormwater There is no stormwater network in the locality Roadworks Internal Due to the rural profile and flat gradient of Barren Creek Road, access is gained informally at several locations along Barren Creek Road, in particular adjacent to headlands and the dwellings, while broad turn-outs are provided between the two rural sheds. A rural access onto Barren Creek Road must be constructed in accordance with Council’s Standard Drawing A4-25. The access must be designed to accommodate the turning paths of a heavy ridged vehicle.

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External Barren Creek Road and Barron Pocket Road are Council controlled access roads. The roads are maintained to a rural standard, being a combination of sealed and unsealed roads with shallow table drains. ADOPTED INFRASTRUCTURE CHARGE CONTRIBUTIONS Infrastructure Charges will be levied in accordance with the Adopted Mackay Regional Infrastructure Policy effective 21 July 2011. No credits will be applied for the proposed development as per Council Policies and resolutions. The charge has been calculated to be $25,440.00. REFERRAL AGENCIES The Department of Natural Resources and Mines is the Third Party Advice Agency for this proposal. · Material Change of Use -Noxious Offensive or Hazardous Industry (Explosives Strorage,

Ancillary Offices & Vehicle Storage). Department of Natural Resources and Mines issued response dated 4 October 2013. A licence to store explosives is currently held by Caruana Holdings Pty Ltd on site. The material change of use development application (the development application) submitted to the Mackay Regional Council for this site lists current and proposed explosives storage for the site, including Class 1 explosives, ammonium nitrate (AN) and ammonium nitrate emulsion (ANE). The current licence to store explosives for the site covers the "current explosives storage" as listed in the development application. See Attachment "C" for their response. SUBMISSIONS The application was publicly notified in accordance with the requirements of the Sustainable Planning Act 2009, and as a result of this process, three (3) properly made were received. The submissions received expressed opposition to the proposal. The principle concerns raised from the submissions are summarised and discussed below. 1. Health and Safety Grounds Submitters 1 & 2 1. Ammonium nitrate is toxic and exposure to ammonium nitrate, whether by direct

contact or by inhalation, can cause health problems to humans and animals. 2. Ammonium nitrate should not be stored near combustible substances or certain

fertilizers such as urea. Fertilisers such as urea are sometimes used on the sugar cane and other crops that are grown in the area.

3. The heating or igniting of ammonium nitrate may cause a violent combustion or explosion;

4. An increase in the storage of ammonium nitrate and detonators on the site is likely to increase the risk of a safety incident occurring at or near the site.

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5. In the event that there was a failure to maintain security for the storage of the ammonium nitrate I am concerned that this could pose a health risk for me, my family, my neighbours and my cattle

6. In the event that a safety incident occurring at the site, I understand that I would be required to evacuate the area. This would restrict me from having access to my home, my property and the cattle on my property.

Submitter 3 Ammonium Nitrate (AN) and Ammonium Nitrate Emulsion (ANE) (lithe explosives") are class 5.1 oxidising agents classed as dangerous goods, and is a Security Sensitive Ammonium Nitrate (SSAN) pursuant to the Explosives Act 1999. Ammonium Nitrate is a strong oxidizer and can react violently with other incompatible materials. Urea fertilizer is an incompatible material that may cause ammonium nitrate to combust. Urea is sometimes used on sugar cane and other crops that are grown in the area. In the event there was an explosion, the ammonium nitrate releases toxic gases including nitrogen oxides and ammonia gas. Given the close proximately of the surrounding properties to the proposed explosive storage sites, the release of toxic gases would cause detrimental health effects for humans and animals on the surrounding properties. Applicant’s Response: 1. A review of literature on ammonium nitrate indicates it is regarded as a moderately

hazardous substance. Under normal handling conditions, ammonium nitrate is not harmful. Short-term exposure to ammonium nitrate can cause symptoms ranging from minor irritation to nausea, vomiting, gastric irritation, headaches, dizziness and hypertension. The ammonium nitrate will be securely stored within containers inside a secure compound on the site, meaning that risk to exposure to humans and animals from beyond the site will be virtually negligible.

2. The application of urea etc. as a fertiliser to surrounding farmland does not create a hazard to the storage of Ammonium Nitrate on-site as upon application it is then at a very low concentration. Furthermore, as the secure compound is set on higher ground than the surrounding cultivation, there is no possibility of urea runoff compromising the compound. It would be relevant to consider separation distances between storage areas if such activity were being presently undertaken on adjoining land. However, this is not the case.

3. Ammonium nitrate decomposes into the gases nitrous oxide and water vapour when heated (a non-explosive reaction); ammonium nitrate requires detonation to induce an explosion.

4. The dangerous goods licensing conditions ensure appropriate storage and siting requirements to limit the risk of an incident occurring.

5. The proponent maintains all dangerous goods licences and complies with all conditions of the licences as required. In addition, the proponent undertakes regular inspections of the compound area and is subject to a site audit by the Explosives Department at any time.

6. The location of the compound and proposed storage quantities has been carefully developed so as to comply with relevant setback distances under “AS2187.1-1998 Explosives – Storage, transport and use – Storage”. Therefore, there is no reasonable basis to assume that the submitter will not be able to access their home at any time.

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Officers Comments: As per Third Party Advice issued by Department of Natural Resources and Mines, a licence to store explosives is currently held by Caruana Holdings Pty Ltd.in relation to the site. The material change of use development application (the development application) submitted to the Mackay Regional Council for this site lists current and proposed explosives storage for the site, including Class 1 explosives, ammonium nitrate (AN) and ammonium nitrate emulsion (ANE). The current licence to store explosives for the site covers the "current explosives storage" as listed in the development application. Therefore, as license has already been obtained for this development, it has complied with the strict conditions, inspections, audits and license renewal processes of the DNRM. 2. Bushfire Concerns 1. The approval of the Applicant’s application will further restrict my ability to protect my

property from the risk of bushfire as I will be prevented from conducting hazard reduction burns.

2. If a bushfire were to occur, I would not have any opportunity to stay and try and protect my livestock and residence as I would be required to evacuate the area due to the safety risk posed by the storage of the ammonium nitrate..

Applicant’s Response: 1. A permit is required to light a fire in Queensland, including for hazard reduction

purposes. During assessment of a permit application it will be determined by the fire warden whether it is appropriate to manage the ambient fuel load / hazard by burning. In further consideration:

· The closest storage compartment to the neighbouring property is 20m from the

boundary. · The storage requirements include a cleared area within the compound free of any

combustible material. · The storage compartments are designed to withstand heat. · The proponent is agreeable to management of the site to assist farm maintenance

on adjoining properties. i.e. storage quantities can be reduced in the compartments closest to the adjoining property prior to a burn-off to assist any application for a fire permit.

· Therefore, it is not agreed that the proposed storage compound will restrict normal farm maintenance on adjoining properties.

2. In the event of a bushfire, usual emergency management procedures would apply in

accordance with emergency management policies / legislation in effect at the time. Officers Comments: It is considered that the proposed development is consistent with the provisions of the Bushfire Management Area Overlay Code as assessed above. Apart from the Department of Natural

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Resources and Mines assessment on bushfire hazard on the subject site, it will be conditioned that a firebreak around the outside of the proposed security fence must be established and maintained and fire fighting equipment is to be maintained at each storage site as required under the licence requirements of the dangerous goods storage codes (Condition 15). 3. Access and Traffic Concerns 1. Access to the planned site of the applicant’s storage facility and my home is via Barren

Creek Road or Barron Pocket Road. Barren Creek Road is a sealed; winding section of road that travels past the Applicant’s property is sometimes subject to flooding. Barron Pocket Road is a narrow dirt road that is not suitable for heavy trucks.

2. Approval of the Application is likely to result in an increase in the number of traffic movements in the area and in particular heavy vehicle traffic movements. An increase in heavy vehicle movements in the area may increase the likelihood of an accident occurring on these roads.

3. An accident involving a vehicle transporting explosive material along either Barren Creek Road or Barron Pocket Road is likely to restrict my access to my property.

Existing Proposed Medium Rigid Tanker 0 1-2 per week Light Vehicle / Ute 1-2 per week or less 3-4 per week Medium Rigid Truck 0 1 per month

Applicant’s Response: 1. The principal transport route is all-weather and is sealed for its full length. Occasional

flooding will not critically affect the use, as deliveries will be of a very low frequency and can be scheduled to avoid any road blockages. Furthermore, the service radius of the proposed compound is approximately 250km. Therefore, there will be a reduced frequency of service vehicle movements during wet weather periods.

2. We refer to our information response dated 13 September 2013 which included an estimation of heavy vehicle movements. In particular, heavy vehicle movements will be very low at 1-2 per week for medium-rigid tankers and 1 per month for medium rigid trucks.

3. There is more than one access to the locality. Therefore, even in the extreme case of a road blockage, an alternative access route will still be available.

Officers Comments: The Department of Natural Resources and Mines will have strict requirements regarding the management of the proposed facility to significantly minimise the risk of an explosion and the department assesses the requirements in relation to the transportation of dangerous goods.

4. Amenity and Rural Location 1. The proposed site is surrounded by an area which is rural in nature with the land being

predominantly used for grazing cattle and sugar cane crops. To the south of the site is National Park. To the north of the site is a State Forest.

2. The expansion of the current site would detract from the amenity of the area as it would

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result in an increase in traffic movements in the area, particularly heavy vehicle traffic movements.

3. The ammonium nitrate and detonators to be stored on the proposed site do not appear to be required for any use in the local Calen area. As such the expansion of the current site is unlikely to provide any benefit to the local community to compensate for the increased health and safety risks that it poses to the community.

Applicant’s Response: 1. Noted. 2. We refer to our information response dated 13 September 2013 which included an

estimation of heavy vehicle movements. In particular, heavy vehicle movements will be very low at 1-2 per week for medium-rigid tankers and 1 per month for medium rigid trucks. The frequency of heavy vehicle movements to the site will be very low.

3. As noted above, the service radius of the proposed storage facility is approximately 250km. Notwithstanding, there is no requirement in the Planning Scheme that the product be for local application. Furthermore any unreasonable risk to the community is mitigated through compliance with “AS2187.1-1998 Explosives – Storage, transport and use – Storage” and the conditions of the client’s Licence to Store Explosives.

Officers Comments: This is not considered to be unreasonable on a large rural property. The trucks servicing the proposed facilities are specialised purpose built vehicles. In addition, the Department of Natural Resources and Mines assesses and has requirements in relation to the transportation of dangerous goods 5. Noise grounds The applicants have not indicated the operational hours in which the explosives will be transported. Due to the size of the heavy vehicles being used to transport the explosives may generate excessive noise, given the surroundings in which noise is likely to travel. Applicant’s Response: Deliveries into the compound will generally be during daylight hours, although occasional late deliveries may still occur. Outgoing deliveries will also generally be during daylight hours or otherwise goods may be loaded the day before for an early morning departure. The proposed frequency of movements and the type of vehicles involved are not out of character within a productive rural setting, which can include 24hr harvester operation during season. Officers Comments: The proposed frequency of movements and the type of vehicles involved are not out of character within a productive rural setting, and are not considered to be unreasonable on a large rural property. A condition (Condition 19) and an assessment manager’s advice will be provided on Noise During Construction and Noise in General to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

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6. Security Grounds The development application does not adequately address the safety and security requirements to store the explosives required pursuant to the Explosives Act 1999 and Work Health and Safety Act 2011. A requirement of storing SSAN is to have a security plan implemented that meets the following minimum requirements of:- 1. listing all authorised persons who have access to SSAN; 2. include provisions for adding new workers or contractors to the list of authorised

persons; 3. include the nomination of a responsible person/security manager to implement and

maintain the security plan; 4. contain details of the secure storage facility, inducing the type and dimensions of

structure, number and type of doors and windows and types of locks; 5. procedures for supervised and unsupervised access to the secure store of SSAN; and 6. record keeping and inventory procedures. Applicant’s Response: These are licensing requirements under the Explosives Act 1999 and are not relevant to consideration under the current Development Application for Material Change of Use. Officers Comments: This is not a town planning consideration. However, an assessment manager’s advice will be provided to comply in accordance with Explosives Act 1999 and Work Health and Safety Act 2011. 7. Location As indicated in the applicant’s Town Planning Report, the various land uses and zoning of the surrounding properties are as follows:- 1. North - open space and cane production; 2. East - Barren Creek, open space and cane production; 3. South - Cane production and dwelling house; and 4. West - grazing and dwelling house. The location of the explosive storage sites does compliment the land uses and zoning of the surrounding properties. Applicant’s Response: Noted. Officers Comments: Due to the separation distances required from the explosives storage to a public road, there is

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no industrial zoned land – either low impact or high impact – which would satisfy the licence requirements for the storage of dangerous goods. Therefore there is no industrial land available which is suitable for the proposed use. Thus, location is considered acceptable.

RESOURCES IMPLICATIONS There are no resource implications for Council as a result of this recommendation. CONSULTATION The application was discussed with representatives from various Council Departments at the Development Assessment Review Team (DART) meeting on 23 July and 15 October 2013. It was determined that a report to Council was required following discussion with Councillors. CONCLUSION This report demonstrates there is sufficient justification to approve this development application. The issues raised in the submissions have been addressed, with safety issues being regulated by Department of Natural Resources and Mines.

Officer Recommendation

A. THAT Council approve the application for a Material Change of Use for Noxious Offensive or Hazardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage) located at 167 Barren Creek Road, Calen, described as Lot 26 on CI581, subject to the following conditions:

1. Plan of Development

The approved Noxious Offensive or Hazardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage) 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 Title Revision Prepared by Date

HRP12256 Plan of Development

Cardno HRP June 2013

HRP12256 Inset 1: Office and Records


HRP12256 Inset 2: Explosives Storage


HRP12256 Offices and Storage


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HRP12256 Open Shed and Truck Storage


2. Compliance with Conditions

All conditions must be complied with prior to the commencement of the use on the subject site, 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. Notice of Intention to Commence the Use

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

6. Damage

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

7. Waste Storage Area

The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

8. Loading /Unloading

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

9. Use of Carparking areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

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10. General Amenity Provision

The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the: · Transport of materials, goods or commodities to or from the subject site. · Appearance of any building, works or materials. · Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil. · Presence of vermin.

11. Hours of Operation for Explosives /Vehicle Storage Component

The hours of operation for delivery vehicles must be limited to 7am to 7 pm Monday to Saturday excluding public holidays.

12. Site Access

A rural access onto Barren Creek Road must be constructed in accordance with Council’s Standard Drawing A4-25. The access must be designed to accommodate the turning paths of a heavy ridged vehicle.

13. Geotechnical Certification

The development must comply with Council’s geotechnical requirements for building on steep land. At the completion of the development, Council requires the risk level in relation to landslide to be certified as ‘low’ in accordance with ‘Landslide Risk Management’ Australian Geomechanics Journal Vol 42 No.1 March 2007.

14. 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 specifications.

15. Firebreak and Fire fighting Equipment

A firebreak around the outside of the proposed security fence must be established and maintained and fire fighting equipment is to be maintained at each storage site as required under the licence requirements of the dangerous goods storage codes

16. Display and Sale of Materials

No materials are to be displayed publicly or offered for sale directly from the premises.

17. Security

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Security fencing must be provided around the proposed facility in accordance with the relevant Australian Standard. Gates in the fencing and entrances to the storage facilities must be locked at all times and must only be opened to allow access for persons officially authorized to enter the subject site by the manager / operator of the proposed facility.

18. Dust Control All roads/storage areas/external stockpiles/vacant or grazed areas must be maintained to avoid dust nuisance to any residential area to the satisfaction of the Council.

19. 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.

B. THAT the applicant be provided with the following Assessment Managers Advice

1. 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.

2. 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.

3. 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. 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

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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.

6. 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.

7. Explosive Act compliance

It is strictly the applicant/owner’s responsibility to ensure compliance with Explosives Act 1999.

8. Adopted Infrastructure Charges Notice

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

Council Resolution

THAT the Officer's Recommendation be adopted.

Moved Cr Perkins Seconded Cr Martin

CARRIED

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8.3 MATERIAL CHANGE OF USE - MULTIPLE DWELLING UNITS (4) - 24 GRAFFUNDER STREET, SOUTH MACKAY - ROCKY 2011 PTY LTD ATF THE BREHAUT FAMILY TRUST - DA-2013-212

Application Number: DA-2013-212

Date Received: 24 June 2013

Action Officer: Brogan Jones

Applicant’s Details: Rocky 2011 Pty Ltd ATF The Brehaut Family Trust C/-Consult Planning PO Box 80 SPRINGWOOD QLD 4127

Proposal: Multiple Dwelling Units (4)

Site Address: 24 Graffunder Street, South Mackay

Property Description: Lot 1 on RP712460

Owner’s Details: Rocky 2011 Pty Ltd

Area: 1,012m2

Planning Scheme: Mackay City Planning Scheme (23 April 2010)

Planning Scheme Designations: Locality: Precinct: Zone:

Mackay Frame Pioneer River (Urban) Urban Residential

Assessment Level: Impact

Submissions: One (1) petition with 3 Submitters

Referral Agencies: Nil

Attachments: Attachment A: Attachment B:

Locality Plan Proposal Plan

Recommendation: Approved Subject to Conditions

ASSESSMENT OF APPLICATION Purpose This Material Change of Use application is to establish four multiple dwellings units at 24 Graffunder Street, South Mackay (refer to Attachment A). The application is impact assessable and has received one (1) properly made submission (signed by three (3) submitters) objecting

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to the proposal. The submission has not raised any grounds that cannot be appropriately conditioned. The application was subject to a briefing session attended by the submitters, applicant, and Councillors on the 5th November 2013. During this briefing the submitters and the applicant were given the opportunity to present their arguments for (applicant) and against (submitters) the proposal. The application is recommended for approval. Background There is no significant planning history over the subject site. Subject Site and Surrounds The subject site is located at South Mackay and is approximately 2.8km southwest of the Mackay CBD. The site is rectangular in shape, zoned Urban Residential, and has an area of 1,012m2. The property is bordered to the north, east, and west by existing residential uses (single detached dwellings). The site has frontage to Graffunder Street to the south. Graffunder Street is identified as a minor collector as per Council’s Roads Hierarchy. Reticulated water infrastructure runs within the Graffunder Street road reserve while a sewer main traverses Lot 13 to the north. Currently there is a single-storey dwelling onsite with an associated residential storage shed and some mature trees at the rear. Proposal The applicant proposes to develop four multiple dwelling units as per the proposal plan (Attachment B). The four units are divided between two separate buildings (two units in each) and includes a common driveway and vehicle movement area, eight car-parking spaces (4 covered and 4 visitor), and landscaping. Each of the units is two storeys and is approximately 170m2. PLANNING SCHEME ASSESSMENT Desired Environmental Outcomes The proposal is generally consistent with the Desired Environmental Outcomes of the planning scheme. Mackay Frame Locality Code The proposal is generally consistent with the Overall Outcomes, Specific Outcomes, and Acceptable Solutions of this code. Any discrepancies are discussed below. Overall Outcome 3f Residential areas more generally are retained as discrete areas exhibiting a consistent density, a range of complementary architectural styles, generous separations between dwellings, high levels of privacy and access to breezes, and extensive plantings of street trees and garden trees.

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The proposal involves four multiple dwellings units within an existing urban area. There are unit arrangements (of slightly less density) further east along Graffunder Street. Furthermore, the site is suited to higher densities as it is near a local bus route, within walking distance to a local park as well as the Blue Water Trail, and within walking distance to a small commercial precinct in Napier Street. As such, it is considered that the proposal is partially compliant with this particular Overall Outcome and wholly compliant with the remaining Overall Outcomes. Urban Residential Zone Code The proposal is generally consistent with the Overall Outcomes, Specific Outcomes, and Acceptable Solutions of this code. Any discrepancies are discussed below. Overall Outcome 2a Development in the Urban Residential Zone protects the high level amenity of the zone and comprises predominantly single detached dwellings. The establishment of the proposed units will not take away from single detached dwellings being the predominant development in the area. Via an Information Request, a redesign of Unit 1 was sought to ensure it addresses the street in the same way that many of the existing two-storey dwellings along Graffunder Street do. The applicant obliged with an unsatisfactory redesign, therefore it will be conditioned that a further redesign take place. This will ensure consistency with the provision. Specific Outcome P2 The maximum density of residential development in the Urban Residential Zone is 1 dwelling unit per 400m2. The intent of the scheme, in terms of multiple dwellings units, is moving towards an overall increase in densities allowable. This is evidenced by the planning scheme amendment 1 of 2010, which altered the allowable density for multiple dwelling units within the Urban Residential Zone from 1 unit per 400m2 to 1 unit per 300m2. In the absence of any proposal for multiple dwelling units, the landowner would be able to subdivide the lot into potentially three separate lots, with each lot being able to fit two-storey dwellings on each. This would result in a much larger bulk of development than what is demonstrated by the proposed units. As such, it is considered that the densities proposed are suitable for the location. Further discussion on density is provided in the assessment against the Multiple Dwelling Unit, Accommodation Unit, and Dual Occupancy Code below. Environment & Infrastructure Code The proposal is generally consistent with the Overall Outcomes, Specific Outcomes, and Acceptable Solutions of this code. Any discrepancies are discussed below. Acceptable Solution S2 (Environmental Amenity) Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.

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The proposals are not greater than the standard two stories usually seen in the Urban Residential Zone, however, notwithstanding this, overshadowing is not expected to deprive adjoining lots of adequate daylight and ventilation during the day. The breaking up of the units into two buildings, along with having the open balconies, reduces the shadow effects further. With regards to a specific shadow measurement, it is unlikely that any adjoining lots will be affected by 30% overshadowing or more between the hours of 9am and 3pm during most days of the year. It is acknowledged that shadowing will occur during later hours of the day (i.e. after 3pm) in which the shadow will increase, however the fact that a two storey dwelling can be located in a similar position to Units 3 and 4 suggest that the shadowing issue would remain even if no units were proposed. Shadowing is discussed further in the Submission section below. Multiple Dwellings, Accommodation Units, and Dual Occupancy Code The proposal is generally consistent with the Overall Outcomes, Specific Outcomes, and Acceptable Solutions of this code. Any discrepancies are discussed below. Overall Outcome 2a Multiple Dwelling Units are located on sites suitable for higher residential densities in terms of site area, dimensions, gradient, available infrastructure services, and proximity to community facilities. The proposed units are located on a site that is suitable for higher residential densities. The four units comfortably fit on the lot without any variations to frontage or side/rear setbacks, landscaping, car-parking, private open space for each unit, or service facilities. There is no significant gradient onsite, and both water and sewer infrastructure is readily available. The site is also proximate to a local park, a small commercial centre (Napier St), the Blue Water Trail, and a local bus route. Overall Outcome 2b Multiple Dwelling Units are an acceptable scale and intensity, and are designed and sited to achieve high standards in amenity, visual integration in the streetscape and landscape, and functional integration with surrounding activities. The units are considered to be of an acceptable scale and size given the larger dimensions for the Urban Residential lot. The units fit comfortably onsite while complying with all relevant setback requirements. The design of the units is of an acceptable standard with the units being split into two separate buildings in order to reduce what otherwise would have been a building of significant bulk. More care could be taken to integrate the front unit to the existing streetscape. As stated above, it will be conditioned that an amended plan be provided demonstrating a further redesign of Unit 1 regarding how it presents to the street. This will ensure consistency with the provision. Acceptable Solution P2 (Land Suitability) The premises are within 400m walking distance of shops, open space, and public transport routes.

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The proposed multiple dwelling units are within 400m walking distance of the convenience store on Napier Street, within walking distance to the Blue Water Trail (on Paradise Street to the northwest), and within walking distance of a local bus route (Minster Street to the north). Specific Outcome P1.1(ii) (Building Density) Multiple Dwelling Units, where in the Urban Residential Zone, have a density of 1 dwelling unit per 300m2. The proposed density is 1 dwelling unit per 253m2 which exceeds the density in the specific outcome. The non-compliance is not considered significant as the size of the lot comfortably accommodates the four dwellings units given that applicable setbacks, service facilities, car-parking, private open space, and landscaping requirements have been met. The units are each two storey which is consistent with many other dwellings in Graffunder Street, and as demonstrated above the site is suitable for higher residential density development. Site visits to Graffunder Street confirm that there is a varying typology of dwellings along the length of the streetscape, i.e. two storey and single storey dwellings. Approximately 30-35 dwelling along Graffunder Street are highset dwellings, which suggest that the proposed two storey component of the units is not foreign to the area. Further discussion on density matters is found in the Submissions section below. Acceptable Solution S2(i) (Plot Ratio) Multiple dwelling units have the following maximum plot ratio unless otherwise provided in the relevant locality code:

(i) where in the Urban Residential or Village Zones:

(a) 0.5:1 or (b) 0.6:1 where the premises is located within 200m of public open space or a

designated shopping centre. The proposed development has a plot ratio of 0.6:1, which is considered acceptable given the site’s proximity to the Napier St convenience store, which is a walking distance of approximately 240m. It is considered that the non-compliance of 40m is acceptable. Specific Outcome P2(iv) (Site Dimensions) The layout of the premises connects into the neighbourhood through the building, streetscape, and landscape design relating to the surrounding character. The proposal generally achieves the specific outcome, however it will be conditioned that amended plans be provided demonstrating a redesign of Unit 1 to ensure that it adequately addresses the street frontage. Acceptable Solutions S1.1 (Communal and Private Open Space) Communal open space, unless specified in the relevant locality code, comprises:

(i) 11m2 per habitable room or 30% of the site area (whichever is greater); (ii) at least 50% in one principal location with a maximum depth to width ratio of 2:1.

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Communal open space is usually reserved for provision in much larger unit complexes where there is a much higher likelihood of the space being used. Council do not generally approve token communal open spaces in four unit developments. As such, the non-provision of communal open space is considered acceptable, further so when you consider amounts of private open space afforded to each unit. Specific Outcome P1 (Privacy) Direct overlooking main internal living areas of other dwelling units or rooming units is minimised by building layout, location and design of windows and balconies, screening devices, and landscaping. The balconies of Units 1 and 2 will overlook directly onto the roof of the dwelling to the east and appears to be partially screened by existing palm trees in the adjoining lot. The balcony of Unit 3 presents the greatest overlooking issue as it is the closest balcony to the backyards and pools of the adjoining lots to the east. It should be noted there is a real possibility that, even without a unit proposal, a two storey dwelling could be located in a similar position and present the same overlooking issues. Of course this dwelling would have to be compliant with relevant side setbacks, as the current unit proposal is. It was correctly noted by the submitter that any future dwelling would likely be centred on the lot and therefore the overlooking issue wouldn’t be as prevalent. A further possibility, probably more likely, is that the lot is subdivided into two lots; one lot at the front and a second rear lot (given the site is 1,012m2, a subdivision is supported by the planning scheme). Any two storey dwelling could then be built on this new rear lot, in a very similar position to current Units 3 and 4, would not require Council approval and would present the same overlooking issue. Also, all balconies in the development are accessed from the master bedroom and bedroom 2 of each unit. This suggests that it is not an area that will be a hive of family activity given the much larger private open spaces provided at ground level. However, it is acknowledged that a minor overlooking issue remains. As such the development will be conditioned to provide screening for the balcony of Unit 3 to alleviate the overlooking issue. Specific Outcome P1 (Shadows) Unless the premises are located in the City Centre Locality, buildings taller than two storeys are sited and designed to ensure shadows are not cast over outdoor living areas, whether or not on the same parcel of land, for long periods of time each day. The shadowing issue has been discussed in detail under the Environment and Infrastructure Code assessment above. DRAFT MACKAY REGION PLANNING SCHEME Under the draft Mackay Region Planning Scheme the proposal would require an impact assessable application to be submitted to Council for Multiple Dwelling Units within the Low Density Residential Zone. Being an impact application the proposal would require assessment against all of the relevant provisions of the planning scheme, which are taken to be:

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· Low Density Residential Zone Code; · General Development Requirements Code; and · Multiple Dwelling Activities Code. The proposal is generally consistent with the provisions of all of the relevant Codes above. One inconsistency that remains is Unit 1’s failure to adequately present to the Graffunder Street frontage. It is considered that a condition for a redesign (amended plans) would achieve compliance. Accordingly, it is considered that the proposal would be recommended for approval under the draft Mackay Region Planning Scheme. ADOPTED INFRASTRUCTURE CHARGES Council’s Adopted Infrastructure Charges Resolution categorises Multiple Dwelling Units under the Residential charge category, which attracts a $28,000 for each of the four 3 bedroom units. A credit of $28,000 is applied for the existing dwelling onsite. The applicable charge is therefore $84,000. INFRASTRUCTURE CONSIDERATIONS Water & Sewer Water and sewer development infrastructure exists along Graffunder Street and there are not expected to be any issues with the development’s connection to the services. Stormwater The stormwater requirements are minimal. The quality and quantity of runoff will be conditioned to ensure that the water enters Council’s stormwater system as per the relevant requirements. Roadworks There are no roadworks to be carried out for the proposal to take effect. REFERRAL AGENCIES Nil. SUBMISSIONS The application was publicly notified in accordance with the requirements of the Sustainable Planning Act 2009, and as a result of this process, one (1) individually prepared written submission (signed by three (3) submitters) was received. The submission received expressed opposition to the proposal. The principal concerns raised from the submissions are summarised and discussed below.

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1. Nature and scale of development Submission The submission notes that the planning report (submitted by the applicant) states 'houses vary between one and two storeys with multiple dwelling units being present albeit typically single storey in height'. The submission therefore claims that the proposal 'does not maintain the theme, feel, bulk, and continuity of the existing properties in the area'. Applicant The applicant states that the proposal provides a 'relatively low site coverage [34%] and reduces the appearance of bulk through the provision of two buildings which are well separated and also have a minimum width of the front building'. The applicant claims that the proposal will present less of a bulk towards the street than many of the existing dwellings along Graffunder Street. 'The proposal presents a façade of only 11.76m (58%) to the frontage with solid components representing 8.96m (44.5%) to the street'. Officer It is noted that there are approximately 30 two-storey dwellings along Graffunder Street. Council requested that the applicant redesign Unit 1 to ensure that it adequately presents towards Graffunder Street in order to be sympathetic in design to the existing two-storey dwellings in the street. The redesign carried out by the applicant was minimal and did not achieve the outcome set by Council and the planning scheme. As such, it will be conditioned that amended plans be provided to Council for approval showing a further redesign of Unit 1. Council will ensure that the development, when viewed from the street, will maintain the theme, feel, bulk, and continuity of the existing properties in the area. 2. Vegetation Submission The submission notes that the planning report (submitted by the applicant) states 'the site does not contain any significant vegetation'. The submission ‘contends that this is an untrue statement’ as the site contains mature vegetation towards the rear of the property. The submission states that the existing vegetation exceeds the 'significant vegetation parameters defined'. Applicant The applicant notes that the mature trees onsite are landscape trees and are not ecologically significant. The applicant also claims compliance with Probable Solution S1(i) of the Urban Residential Zone Code, which states: 'residential development including building work and operational work retains mature native vegetation and retains other mature vegetation exceeding 10m in height or with a circumference exceeding 30m'. The applicant states that ‘the vegetation on the site does not have a circumference exceeding 30 metres and the proposal complies with this requirement’.

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Officer It is agreed that there is already existing vegetation onsite but it is unclear what the submission means regarding the existing vegetation ‘exceeding the significant vegetation parameters defined’. It will not be conditioned to retain the existing vegetation as it is not required by the planning scheme. It will be conditioned that new landscaping be established that is scheme compliant. 3. Density and plot ratio Submission The submission mentions that required density within the Urban Residential Zone is 1 dwelling unit per 400m2. The submission claims issues with reporting of site cover for a two-storey development, as well as non-compliance with the plot ratio provision. Applicant The applicant states that ‘the proposal is only marginally over the density allowed for this type of development within the Multiple Dwellings, Accommodation Units, and Dual Occupancy Code specifically providing for a density of 1 dwelling per 300m2 within the Urban Residential Zone’. [NB - the proposed density is 1/253m2]. The applicant notes ‘the subject site is able to accommodate the additional density in a manner which does not result in an overdevelopment of the site as the proposal complies with site coverage, setback, open space, and car-parking provisions. The only concession sought with respect to plot ratio is that the site is slightly further located from a designated shopping centre than provided for within the use Code’. The applicant notes that the provision for plot ratio states (S2 of the Multiple Dwelling Units, Accommodation Units, and Dual Occupancy Code): 0.6:1 where the premises is located within 200m of public open space or a designated shopping centre. The applicant argues that ‘the proposal provides a plot ratio of 0.6:1’ and that ‘the subject site is only located some 240 metres walk away from the shopping centre located on Napier Street’. The applicant notes this as being ‘a minor concession on full compliance with S2’. The applicant provides ‘If a development proposal located just 40 metres away from the subject site can provide a plot ratio of 0.6:1 it is only fair and equitable for the subject site to also provide for a comparable outcome’. With regard to the site coverage issue, the applicant states ‘the proposal is also fully compliant with the site coverage limit of 40% with only 34% proposed’. Officer It is agreed that the planning scheme specifies a density of 1 per 300m2 for multiple dwelling units within the Urban Residential Zone (as per Planning Scheme Amendment 1 of 2010) and the proposed density exceeds this (1 per 253m2). However, the Urban Residential Zone Code states that the zone is to 'protect the high level of amenity of the zone and comprises predominantly single detached dwellings'. This means that units are not necessarily in conflict with the desired scheme outcomes for the Urban Residential Zone. What makes this area suitable for higher density is its proximity to community services such as the Bluewater Trail (Paradise St), convenience store (Napier St), arterial roads (Milton and Paradise), and bus stops (Minster St).

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In terms of the site cover the applicant proposes 34%, which is under the maximum 40% required for 2 storey developments. It is considered that the non-compliance with the plot ratio provision is very minor given the site is approximately 40m from being compliant with the S2 of the Multiple Dwelling Units, Accommodation Units, and Dual Occupancy Code (as mentioned above). Plot ratio is only one of the many components of the planning scheme under assessment. Other aspects include site coverage, landscaping, private open space, building height, and setbacks. Council is in favour of determining what is an appropriate development based on these provisions, which, in this proposal, are compliant. 4. Shadow and privacy Submission ‘Urban Residential Zone, Part 5, Division 10 Environmental Amenity, P2 states that buildings do not cast a shadow of more than 30% of adjoining residential lot at any time between the hours of 9am and 3pm on 22 June. It is interpreted from the proposal plans that the development being up to 7065mm in height will cast a shadow onto 22 Graffunder Street in excess of 30%. Furthermore dwellings of a two-storey magnitude will have an impact on the use of pool areas in the adjoining properties of 22 Graffunder Street and 19 Minster Street’. Applicant ‘The subject site and adjoining allotments all enjoy a northerly aspect. The proposed separation of the buildings and the balconies located on the corner of the buildings assist in reducing the shadow impact on adjoining land. I do not agree with the presumption that 30% or more of the adjoining land will be subject to shadow. The proposal is unlikely to compromise the achievement of P2 [of the Environment & Infrastructure Code] being “the amenity of adjacent residential land is not adversely affected by shadows cast by adjoining buildings or structures”’ ‘The presumption that there will be adverse noise impacts on adjoining land can be mitigated through the provision of appropriate fencing around the trafficable areas of the site. Privacy impacts in relation to the visual links between the proposed balconies for the units can be dealt with through the provision of privacy screens, namely to the eastern side of the balcony for Unit 3 only. The balconies of Units 1 and 2 will primarily look into the roof of the adjoining dwelling to the east. A reasonable setback is provided from the balcony on Unit 2 to the neighbour's pool and this is not considered to require screening as this is comparable to a situation which could occur between two dwelling houses. There is a hesitancy to overprovide privacy screens on balconies and windows as it compromises the ability for natural cross-ventilation of the buildings’. Officer It is noted that the provision mentioned by the submission is not within the Urban Residential Zone Code, as stated, but is within the Environment & Infrastructure Code. Notwithstanding, it will be conditioned that the proposal is to ensure consistency with S2 of the Environment

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and Infrastructure Code (contains the 30% shadow provision mentioned above). It must be noted that the overlooking aspect identified by the submission is one that would remain even if units were not proposed. There is nothing stopping the landowner from erecting a 2 storey dwelling in a similar location. Notwithstanding, the conditioning of a 1.8m high boundary fence as well as balcony screening (louvre, fins for Unit 3 only) is expected to alleviate the overlooking issue. In terms of direct overlooking of the internal living areas of adjacent residences, it is expected that the impacts will be minimal. Existing mature vegetation exists in 3 of the 4 adjoining properties. Also, the balcony screening mentioned above will alleviate any issue. It is recommended to condition screening of the balcony of Unit 3 as well as perimeter fencing as stated above. 5. Miscellaneous Submission The submission refers to the Draft Mackay Region Planning Scheme, specifically the Low Density Residential Zone Code. It states that 'houses will remain as the primary development form in the area'. The concern of lowering property values of adjacent lots is raised also. Applicant The applicant notes that the Draft Mackay Region Planning Scheme has no statutory effect regarding this application and the analysis provided within the planning report was only for comparison purposes. The Sustainable Planning Act 2009 specifies, in section 317: (1) In assessing the application, the assessment manager may give weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but-

(a) before the day the decision stage for the application started; or (b) if the decision stage is stopped – before the day the decision stage is restarted.

The Mackay Region Planning Scheme has not come into effect before the decision stage of the application; therefore, as stated in s317, it has no affect regarding the assessment of this development application. Officer By approving the development Council is not altering the fact that houses will remain as the primary development form in the area. The lowering of property values, however valid, is not a town planning concern and does not form part of Council's legislated assessment criteria. The proposal is considered generally compliant with the draft Mackay Region Planning Scheme as detailed in the remainder of this report.

RESOURCES IMPLICATIONS

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Nil. FURTHER APPROVALS REQURIED · Operational Works Assessment – Compliance Permit:

o stormwater o water o access

· Operational Works Construction – Compliance Certificate; · Buildings Works – Development Permit; and · Plumbing and Drainage – Compliance Permit. CONCLUSION The proposal for four Multiple Dwelling Units at 24 Graffunder Street is generally compliant with the Mackay City Planning Scheme. The subject site is suitable for higher density residential considering its proximity to a convenience store on Napier Street, a bus route on Minster Street to the north, and the Blue Water Trail to the west. The site is suitable for the proposed units notwithstanding the minor relaxations required for plot ration and density.

Officer Recommendation

A. THAT Council approve the application for a Material Change of Use – Four Multiple Dwelling Units located at 24 Graffunder Street, South Mackay, described as Lot 1 on RP712460, subject to the following conditions:

1. Plan of development

The approved Material Change of Use – Multiple Dwelling Units (x4) 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/Dwg # Title Rev Prepared by Date

13L001GR 2 of 09

Site and Drainage Plan 6 - 15.7.13

13L001GR 3 of 09

(Units 1 and 2) Lower Floor Plan 6 - 15.7.13

13L001GR 4 of 09

(Units 1 and 2) Upper Floor Plan 6 - 15.7.13

13L001GR 5 of 09

(Units 1 and 2) Elevations 6 - 15.7.13

13L001GR 6 of 09

(Units 3 and 4) Lower Floor Plan 6 - 15.7.13

13L001GR 7 of 09

(Units 3 and 4) Upper Floor Plan 6 - 15.7.13

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Job/Dwg # Title Rev Prepared by Date 13L001GR 8 of

09 (Units 3 and 4)

Elevations 6 - 15.7.13

13.080A1.LP.1 Landscape Plan A Andrew Gold

Landscape Architecture

29.7.13

2. Amended plans required

Prior to the lodgement of Operational Works application the approved plans of development must be amended to comply with the following matters: · A redesign of Unit 1 and Unit 3 in accordance with Condition 24 and 25.

3. Compliance with conditions

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

4. Maintenance of development

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

5. Conflict between plans and written conditions

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

6. Notice of intention to commence the use

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

7. Damage

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

8. Compliance with Council standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Specifications.

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The approved development must be provided with electricity and telecommunications infrastructure.

9. Invert crossing and driveway

The invert crossing must comply with Council's Standard Drawing A3-773. The driveway within Council's road reserve must be plain grey concrete. The internal driveway must be designed to capture and convey stormwater from the development and discharge it to the kerb and channel in Graffunder Street.

10. Stormwater drainage

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. Stormwater from the driveway and yard must be captured and conveyed to the kerb by way of an aluminum kerb adaptor or approved equivalent and in accordance with Council’s Standard Drawing No.A3-3871. As a minimum, two (2) stormwater connections points to the kerb must be provided.

11. On-site detention

A detailed design of the on-site detention system must be submitted as part of the Operational Works application and must comply with the following: a) A 4,500 litre above ground tank dedicated for on-site stormwater detention

(OSD) with a 50mm dia. outlet, located at the lowest point of the tank must be provided for 3 units as part of the building construction.

b) The construction of the OSD must be completed prior to the occupation of the

new dwelling.

A note with regards to the OSD requirement and maintenance requirement of the development shall be placed on Council’s Rates Database.

12. Sewer connection

The proposed development must connect to the existing reticulated sewer service provided at the rear of the site.

13. Water connection

A minimum 63mm diameter water service from the water main in Graffunder Street must be provided to the development. Unless otherwise approved by Council, the water crossing must be underbored and contained within an enveloper.

14. Live connections

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Council’s Water and Waste Services Department is to carry out all water connection and live sewer work at the developer’s expense.

15. Water metering

Separate water meters must be provided for each dwelling.

16. Visitor car-parking spaces

The visitor car-parking areas must be constructed, sealed, line marked and drained for a minimum of 4 car-parking spaces in accordance with the approved plan and maintained thereafter. The car parking is to be designed in accordance with Australian Standard AS-NZS2890.1 – 2004 and AS-NZS2890.6 – 2009.

17. Protection of landscape areas from car-parking

The landscaped areas adjoining the carparking area must be protected from vehicles by a 125 mm high vertical concrete kerb or similar obstruction.

18. Vehicle manoeuvring

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

19. Completion of landscaping

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

20. Visual screen fence

A visual screen fence between the site and adjoining properties must be constructed. The screen fence must be a minimum height of 1.8 metres. Furthermore, the fence must be tapered to a height of 1.2 metres within 6 metres of the front alignment. The total cost of this fencing to be met by the developer.

21. Waste storage area

The waste storage area must be provided in the location shown on the approved plan and must comply with the following: a) Contain an impervious surface. b) Contain sufficient storage space for the storage of 240 litre refuse and

recycling bins for each unit.

22. Open space per unit

A minimum of 35m² of open space per unit is required to be provided, part of which shall comprise at least a 16m² private open space area with a minimum

MIN/20.11.2013 FOLIO 30395


dimension of four metres. For the purpose this condition ‘private open space’ means a landscape and recreation space which is partitioned by walls, fences or the like into a court or yard which is provided within the curtilage of and immediately accessible from the living/dining room of the dwelling unit.

23. No nuisance to adjoining properties

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

24. Unit 1 to address Graffunder Street

Unit 1 does not satisfactorily address the Graffunder Street frontage. A redesign of the unit is to achieve a higher quality integration into the existing streetscape. A redesign is to include: · Further articulation of the wall facing Graffunder Street; · An increase of the length of the second-storey balcony that faces towards

Graffunder Street.

25. Screening of Unit 3 balcony

The balcony of Unit 3 is to be screened with louvres, fins or similar in order to reduce the potential privacy impacts on adjoining residences.

26. Floor level

The minimum habitable floor level of the proposed development must be the higher of: · 300mm above the Q100 flood level; · 300mm above the top of kerb; · 300mm above the crown of the road; and · 225mm above ground level.

B. THAT the applicant be provided with the following Assessment Manager 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 nuisance noise (including the entry and departure of heavy vehicles) between the hours of

MIN/20.11.2013 FOLIO 30396


6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays

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.



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.

8. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development

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Incentive Policies apply to the development at the time of the payment will be made.

Council Resolution THAT the Officer's Recommendation be adopted. Moved Cr Perkins Seconded Cr Jones

CARRIED

Crs Bonaventura, Gilbert and Morgan, recorded their votes against the Motion.

8.4 OPERATIONAL PLAN 2013/2014 - 1ST QUARTER REVIEW

File No Operational Plan 2013/2014 Author Manager Governance & Assets

Purpose

The purpose of this report is to advise of the progress made during the first quarter to implement the 2013/2014 Operational Plan.

Background/Discussion

The Local Government Regulation 2012 requires Council to receive a written assessment of the organisation's progress towards implementing the annual operational plan at a meeting of Council held at regular intervals of not more than three months. The first quarter review of the 2013/2014 Operational Plan is provided for Council's review and information. The details and explanations of variances in performance targets are detailed within the attached Operational Plan.

Consultation and Communication

The document has been prepared in consultation with Program Managers responsible for each activity. The final document will be published on Council’s website to allow the community the opportunity to review Council’s progress in implementing the 2013/2014 Operational Plan and achieving the Corporate Plan objectives.

Resource Implications

The Operational Plan is designed to measure implementation of the Corporate Plan objectives and to ensure appropriate resources are allocated to priority areas.

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Risk Management Implications

Nil.

Conclusion

The 2013/2014 Operational Plan Review - 1st Quarter is provided for Council's review and information.


THAT Council receive the 2013/2014 Operational Plan Review for the quarter ending 30 September 2013 in accordance the Local Government Regulation 2012.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Walker Seconded Cr Martin

CARRIED

9. CONSIDERATION OF COMMITTEE REPORTS:

Nil

10. RECEIPT OF PETITIONS:

Nil

11. TENDERS:

11.1 TENDER: CAPITAL REROOFING PROGRAM 2013-14

File No MRC 2014-022 Re-Roofing of Council owned Premises Author Manager Property Services

Purpose

To present to Council for approval, tenders submitted for MRC 2014-022 Re-roofing of Council owned Premises.

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Background/Discussion

Mackay Regional Council (Council) issued a Request for Tender (RFT) seeking submissions from suitably resourced and qualified contractors for the replacement and re-roofing of four buildings owned by Council. The re-roofing will require the removal of the existing roofing materials, the supply and installation of safety mesh, sarking, roof insulation, metal roofing, flashings, gutters and all necessary accessories to ensure the roof is complete and free from leaks. The buildings requiring re-roofing within this contract are:

· Council’s Main administration building located at Gordon Street, Mackay. · Council’s administration building located at 42 Wellington Street, Mackay. · Council’s Sarina administration building located at Broad Street, Sarina. · Council’s Sarina Library located at 65 Broad Street Sarina.

Tenders were invited on 21st September 2013, via Council's website and advertised locally in the Daily Mercury. The following submissions were received by the closing time of 10.00am Tuesday 22nd October 2013:

a) Mark Maunders Plumbing Pty Ltd b) WHF Group Pty Ltd

An initial compliance check was conducted by the evaluation panel on 23rd October 2013 to identify conforming submissions. This included compliance with contractual requirements and provision of required information. Both submissions were progressed through to the qualitative criteria assessment on the basis that all terms and conditions and mandatory requirements of the RFT had been met. The qualitative criteria assessment was carried out by the Evaluation Panel 29th October 2013, with the Evaluation Panel scoring the tenders according to the evaluation matrix.

The applicants were assessed against the qualitative selection criteria. Specific criteria were weighted according to their importance as perceived and agreed by the Evaluation Panel. Relative weightings were published within the RFT.

The Tender responses were evaluated on the following criteria as advised in the Request for Tender.

a) Relevant Experience 20% b) Key Personnel and Resources 20% c) Demonstrated Understanding 20% d) Price 20% e) Local Content 20%

The tendered Lump Sum total Prices for the four premises are listed below, excluding GST:

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a) Mark Maunders Plumbing Pty Ltd $351,039.00 b) WHF Group Pty Ltd $537,120.00

A Tender Information Request was issued on the 30th October, 2013 to both companies to confirm inclusions in their submitted rates. The responses were received in the time specified and reviewed by the evaluation panel.

Consultation and Communication

The evaluation of the tenders was conducted by:

Position Department Team Leader Maintenance Property Services Property Services Project Technical Officer Contracts Coordinator Procurement and Plant

Resource Implications

The funding required for the Capital Reroofing Program 2013-14 has been included in the Property Services Capital Budget for 2013-14.

Risk Management Implications

The buildings mentioned in this report have experienced water inundation problems from deterioration of rooves for some time, these issues have been dealt with through spot repairs but the roof conditions have reached a point where major reroofing is required to ensure that both external and internal assets are protected. If proposed works are not undertaken Council faces continued water damage to internal structures, equipment and staff safety issues in effected work environments.

Conclusion

That awarding the contract to Mark Maunders Plumbing Pty Ltd represents the most advantageous outcome to Mackay Regional Council based on their demonstrated understanding, previous experience, and value for money.


THAT the Lump Sum Tender submitted by Mark Maunders Plumbing Pty Ltd of $351,039.00 (excl GST) be accepted for the re-roofing of four Council owned premises under contract MRC 2014-022 Re-roofing of Council owned Premises.

Council Resolution

THAT the Officer's Recommendation be adopted. Moved Cr Steindl Seconded Cr Bonanno

CARRIED

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12. CONSIDERATION OF NOTIFIED MOTIONS

Nil

13. LATE BUSINESS:

13.1 LEAVE OF ABSENCE - CR CASEY

THAT Cr Casey be granted leave of absence for the Meetings on 4 and 11 December 2013.

Moved Cr Bonanno Seconded Cr Jones

CARRIED

Cr Bonanno congratulated the MECC staff for the success of the two sold out Charley Pride concerts held recently at the MECC.

14. PUBLIC PARTICIPATION:

Nil

15. CONFIDENTIAL REPORTS:

15.1 DEVELOPMENT SERVICES MONTHLY LEGAL REPORT - MONTH ENDING 31ST OCTOBER 2013

Confidential Council Recommendation

THAT the report be received. Moved Cr Perkins Seconded Cr Casey

CARRIED

16. MEETING CLOSURE

The meeting closed at 10.29 am.

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17. FOR INFORMATION ONLY

17.1 DEVELOPMENT APPLICATION INFORMATION - 28.10.13 TO 03.11.13

For Council information only - No decision required. Development Applications Received

App no Code /

Impact Address Applicant Description Officer

CAC-2010-192

219 Anzac Avenue, MARIAN

Tipalea Property Fund No 11 Pty Ltd

Request to Change Development Approval - Preliminary Approval to vary the effect of the Planning Scheme under s242 of the Sustainable Planning Act 2009 (to facilitate development in accordance with the Commercial and Residential Zone as shown on Plan of Development 10NQ044 and amend the levels of assessment to reflect Table 3.1) and Material Change of Use Development Permit for Shops/Shopping Centre and Health Care Centre (comprising a 3,200m2 Supermarket and 1,500m2 Shops/Health Care Centre)

Kathryn Goodman

CON-2013-255

52 Eaglemount Road, BEACONSFIELD

Patio World Building Work - Boundary Setback for Carport Andrea McPherson

CON-2013-256

4 Gracie Court, WALKERSTON

Patio World Building Work - Boundary Setback for Carport Andrea McPherson

CON-2013-257

108 McIntyre Street, CALEN

Bryco Pty Ltd Building Work - Boundary Setback for Dwelling House

Darryl Bibay

CON-2013-258

162 Shoal Point Road, SHOAL POINT

Cardno HRP Building Work - Boundary Setback for Dwelling House & Garage (Future Lot 4)

Julie Brook

CON-2013-259

25 Katey Crescent, MIRANI

Paul K Cavanagh

Building Work - Boundary Setback for Carport Kathryn Goodman

CON-2013-260

26 Caledonian Drive, BEACONSFIELD

Leslie J Filewood

Building Work - Boundary Setback for Carport Helle Jorgensen Smith

CON-2013-263

10 Anastasia Street, WEST MACKAY

Escape Homes & Developments Pty Ltd

Building Work - Boundary Setback for Dwelling House

MCUC-2010-51

Code 37 Meadow Street, NORTH MACKAY

Rockhampton Building Approvals

Request for Change of Conditions- Dual Occupancy

Julie Brook

MCUC-2013-370

Code 35 Avalon Drive, RURAL VIEW

Sandsky Developments

Dual Occupancy Matthew Ingram

MCUC-2013-377

Code 47 Makybe Diva Drive, OORALEA



MCUC-2013-378

Code 21 Catherine Street, GREENMOUNT


Dual Occupancy Andrea McPherson

MCUCOM-2013-371

14 Vaucluse Crescent, EAST MACKAY

Contract Build Architectural Design Plans Shane Kleve

MCUCOM-2013-373



MCUCOM-2013-374



MCUCOM-2013-375



MCUCOM-2013-376



MIN/20.11.2013 FOLIO 30403


App no Code / Impact

Address Applicant Description Officer

MCUI-2013-372

Impact 9 Finch Street, SLADE POINT

Powercat Holdings Pty Ltd

Health Care Centre Josephine McCann

MCUI-2013-379

Impact 110 Rasmussen Avenue, HAY POINT


Dual Occupancy Josephine McCann

ROLC-2013-369

Code L 1 Kowari Road, FINCH HATTON

Michael C Muscat and Mary A Muscat

Reconfiguration of a Lot (boundary realignment) - 2 Rural Lots into 2 Lots

Brogan Jones

Development Application Entering Decision Making Period

App Number

Code / Impact


MCUC-2011-212A

Code 60 Ian Reddacliff Drive THE LEAP

Kiel T Saron Request for Change Development Approval - Dwelling House and Residential Storage Shed (Steep Land Overlay) and Boundary Setback Relaxation

Kathryn Goodman

MCUC-2013-278

Code 0 Mirani-Eton Road MIRANI

Iliv Invest Limited ATF Iliv Central Queensland


MCUC-2013-279




MCUC-2013-280




MCUC-2013-281




MCUC-2013-282




MCUC-2013-283

Code 14 David Muir Street SLADE POINT

Edge Property Holdings Pty Ltd

Material Change of Use - Transport Depot Brogan Jones

MCUC-2013-366

Code 27 Gordon Street MACKAY

Dazzling Dental Surgery

Material Change of Use - Health Care Centre (Dental Surgery)

Brogan Jones

MCUCD-2006-465A

Code 40 Beaconsfield Road East ANDERGROVE

Merson Properties Pty Ltd

Request to Extend Period of Approval - Alterations and Additions to Caravan Park (42 Caravan Spaces and Amenities Building)

Brogan Jones

MCUCD-2006-465A


Merson Properties Pty Ltd

Request to Extend Period of Approval - Alterations and Additions to Caravan Park (42 Caravan Spaces and Amenities Building)

Brogan Jones

MIN/20.11.2013 FOLIO 30404


App Number

Code / Impact


MCUCD-2007-286C


Andergrove Lakes Pty Ltd

Request for Permissible Change - Material Change of Use - Preliminary Approval for a proposed development generally consistent with the Preliminary Structure Plan and the Site Plan including:-i) Integrated Tourist Facility comprising two (2) Cable Water Ski Parks with ancillary Ski Lodges, Motel, Villas and Apartments, Backpacker Resort, Restaurants and Shops;ii) Residential Purposes including standard dwelling houses on separate lots at a density commensurate with that sought by the Planning Scheme for the Urban Residential Zone, and terraced dwellings and high density units at an overall density commensurate with that sought by the Planning Scheme for the Higher Density Residential Zone;iii) Commercial purposes including local shops, medical centre, gym and offices;TOiii) Commercial purposes (6,000m2) including local shops, medical centre, gym, service station, catering shop and offices ;iv) Child Care Centre Plus Overriding the Planning Scheme so development relating to the proposed concept is regulated as if the land is located in the Special Activities (Tourism) Zone for the Integrated Tourism Facility component, the Urban Residential for the standard residential component; the Higher Density Residential Zone for the terraced dwellings and High Density Residential components; and the Commercial Zone for the local shops, gym, medical centre and offices; and no overlays apply in certain circumstances as detailed in Conditions of Approval..

Julie Brook

ROLC-2011-265A

Code 0 Munbura Road MUNBURA

Charles G Bartolo

Request to Extend Relevant Period - 1 Rural Lot into 2 Lots

Josephine McCann

ROLC-2012-352

Code 143 Wainai Road FARLEIGH

Richard C Vella and Leanne E Vella

Boundary Realignment 2 Rural Lots into 2 Lots Brogan Jones

ROLC-2013-362

Code 0 Koumala Bolingbroke Road KOUMALA

Aurizon Operations Limited

1 Rural Lot into 2 Lots (Sarina) Helle Jorgensen Smith

Development Applications Finalised

App No Code / Impact

Location Applicant Description Officer

Approved Subject to Conditions CAC-ASPA-2010/384B

Code 1-15 Diesel Drive PAGET QLD 4740

Sonic Property Pty Ltd

Request to Change Development Approval - Combined Application - Material Change of Use - General Industry and Transport Depot and Environmentally Relevant Activity -no 21 Motor Vehicle Workshop and ERA no 8 Chemical Storage

Matthew Ingram

CON-ASPA-2013/238

18 Esperance Avenue BLACKS BEACH QLD 4740

Development Certification and Rivergum Homes Pty Ltd

Building Work - Boundary Setback for Garage & 50% Site Coverage

Julie Brook

CON-ASPA-2013/253

81 O'Riely Avenue MARIAN QLD 4753

Andrew G Watson Building Work - Boundary Setback for Residential Storage Shed

Kathryn Goodman

MCUC-ASPA-2013/271

Code 18 Emma Drive RICHMOND QLD 4740

Ross K Nelson and Karen E Nelson

Residential Storage Shed Helle Jorgensen Smith

MCUC-ASPA-2013/306

Code 23827 Peak Downs Highway ETON QLD 4741

Kilby Contracting Pty Ltd

Home-Based Business - (Office) Kathryn Goodman

MCUC-ASPA-

Code 84 Cinnamon Drive GLENELLA QLD


Material Change of Use - Dual Occupancy Brogan Jones

MIN/20.11.2013 FOLIO 30405


App No Code / Impact

Location Applicant Description Officer

2013/333 4740

MCUC-ASPA-2013/351

Code 9 Irving Street SOUTH MACKAY QLD 4740

Karin E Halpin Dwelling House (Aviation Facilities Buffer Overlay)

Josephine McCann

MCUI-ASPA-2013/221

Impact 247 Anzac Avenue MARIAN QLD 4753

Telstra Corporation Ltd

Major Utility (Telecommunications Facility) Kathryn Goodman

MCUI-ASPA-2013/294

Impact L 1 Tindaridge Court HAY POINT QLD 4740


Dual Occupancy Helle Jorgensen Smith

ROLC-ASPA-2013/302

Code 149 Barcoo Road NINDAROO QLD 4740

David W Wright and Raeleen A Wright

Boundary Realignment - 2 Rural Lots into 2 Lots

Josephine McCann

ROLC-ASPA-2013/325

Code 3 Creese Street BEACONSFIELD QLD 4740

Graham W Ramsay

Boundary Realignment 2 Urban Residential Lots into 2 Lots

Josephine McCann

Application Withdrawn

CON-ASPA-2013/234

16 Dexter Court MOUNT PLEASANT QLD 4740

Christopher L Richards and Sally A Richards

Building Work - Dwelling House (Exceeding 50% Site Coverage)

Josephine McCann

CON-ASPA-2013/252

35 Pelican Street SLADE POINT QLD 4740

Simpson Building Company Pty Ltd

Building Work - Boundary Setback for Carport

Helle Jorgensen Smith

ROLC-ASPA-2013/231

Code 88 Landing Road KOUMALA QLD 4738

Ruddy Tomlins & Baxter Solicitors

1 Rural lot into 2 Rural lots Helle Jorgensen Smith

ROLC-ASPA-2013/308

Code 254 Kowari Road FINCH HATTON QLD 4756

Laurence P Seymour

Reconfiguration of a Lot (boundary realignment) - 2 Rural Lots into 2 Lots

Brogan Jones

Discontinued MCUC-ASPA-2012/127

Code 15-23 Schapers Road GLENELLA QLD 4740

Pointglen Developments Pty Ltd

52 Multiple Dwelling Units (61 Keys) Julie Brook

Negotiated Decision ROLC-ASPA-2013/82

Code 18 North Eton Road NORTH ETON QLD 4741

Gerard P De Thomasis

1 Open Space Lot into 4 Lots and Access Easement

Darryl Bibay

Confirmed on Wednesday 27 November 2013

……………………………………… MAYOR

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APPENDIX / ATTACHMENTS

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