final minutes - mackay council · 2014-07-09 · final minutes 22 july 2009 min/22.07.2009 folio...

FINAL MINUTES

22 JULY 2009

FINAL MINUTES 22 JULY 2009

MIN/22.07.2009 FOLIO 7212

Table of Contents

Folio Date Particulars 7213 22.07.09 Ordinary Meeting 7258 30.06.09 Commercial Services Performance Management Report

Declaration of Material Personal Interest Nil


MIN/22.07.2009 FOLIO 7213

ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs G R Christensen, D T Comerford, P F Steindl, D R Hatfield, D E Camilleri, W A Cameron, G R Thomsen, K J Casey and K L May were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Ms D Jeffery (Minute Secretary).

The meeting commenced at 10:01am.

2. APOLOGIES:

THAT the apology on behalf of Cr D J Perkins be accepted.

Moved Cr Hatfield Seconded Cr Steindl

CARRIED

3. CONDOLENCES:

Nil

4. CONFIRMATION OF MINUTES:

4.1 ORDINARY MEETING MINUTES - 15 JULY 2009

THAT the Minutes of the Ordinary Meeting held on 15 July 2009 be confirmed.

Moved Cr Comerford Seconded Cr Casey

CARRIED

5. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil


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6. MAYORAL MINUTES:

Nil.

7. CORRESPONDENCE AND OFFICERS’ REPORTS:

7.1 SALE OF LAND FOR ARREARS OF RATES

Author Director Corporate Services

Purpose

This report updates the progress of the 15 assessments on which notice of intention to sell for overdue rates was authorised at the Council Meeting of 25 February 2009 and:-

• Seeks Council’s approval to sell land for overdue rates • Authorise the appointment of an auctioneer • Set the time and date of the intended sale • Set reserve prices for sale at auction on each lot

Background/Discussion

Sale of 15 properties with overdue rates in excess of three years was approved by Council on 25 February 2009. Of these 15 assessments, assessment #37482-7 has paid in full. Notices were sent out to Owners, Mortgagees and Chargees of these properties variously between 10 March and 20 March 2009 advising that Council would be proceeding to sell the properties between 3 and 6 months of the notice. The three month period has now elapsed and the process must now be put in place to commence sale procedures. An important point to note is that the sale of land under Division 3 of Part 7 of Chapter 14 of the Local Government Act will be free of any encumbrance except to the State or a government entity. This would mean that it would be prudent for a Mortgagee to pay out the rates and costs prior to sale to preserve their interest in the land. Schedule “A” summarises information regarding the 14 properties for which further action to sell the property is required. If any property is not sold at the auction or in subsequent negotiations with the highest bidder, Council will be deemed the purchaser at the reserve price.

Consultation and Communication

Legal advice has been received by Council’s solicitors Hemming & Hart Lawyers. They will initiate the following procedures:-


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• Issue the Notice of Sale of Land for Arrears of Rates in accordance with The Local

Government Act 1993. • Advertisement Notice in local paper • Produce & attach Notice to land • Service of Notice to owner and to other interested parties • Provide Notice to Council to be displayed at Council’s public office

In the event of an auction, Hemming & Hart Lawyers will manage the auction process and conveyance of land after auction.

Resource Implications

Hemming and Hart will be instructed to provide the above action. Costs incurred will be recovered from the debtor at the time of sale or upon prior payment of the debt, as all rates outstanding and costs are required to be paid to avert the sale.

Conclusion

Sale action is recommended for the attached 14 assessments. The proposed date and time of auction is set for 12 noon on Friday, 28 August 2009. Auction will commence unless all rates, charges, interest and legal costs are paid in full. Council Resolution

Director's Recommendation

THAT Sale action be approved to recover rates for the attached 14 assessments in accordance with Section 1043 of the Local Government Act 1993. The date and time of auction be set for Friday, 28 August 2009 at 12 noon. The Chief Executive Officer be authorised to arrange an auctioneer to conduct the sale. The reserve price for auction be set under section 1044(2)(b)(ii) of the Local Government Act 1993 for each assessment in the attached schedule. Reserve price will be the higher of the following:-

(a) the amount of all overdue rates levied on the land; or (b) the unimproved value of the land

The Chief Executive Officer be authorised to sell any land by agreement after the auction in accordance with section 1045 of the Local Government Act 1993.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Cameron

CARRIED


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MIN/22.07.2009 FOLIO 7217


MIN/22.07.2009 FOLIO 7218


MIN/22.07.2009 FOLIO 7219

7.2 MATERIAL CHANGE OF USE (DEVELOPMENT PERMIT) FOR AN UNDEFINED USE (HARDSTAND CONTAINER STORAGE AREA INCLUDING ANCILLARY STAFF AMENITIES BUILDING & ALL WEATHER STORAGE AREA) - CHRIS MANERA - 2B & 6B HUME STREET, WEST MACKAY (726301-002-DA-2008-490)

Application Number: DA-2008-490

Action Officer: Andrew Schembri

Applicant’s Details: Chris Manera C/-Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740

Proposal: Material Change of Use (Development Permit) for an Undefined Use (Hardstand Container Storage Area including ancillary staff amenities and all weather storage area).

Site Address: 2B and 6B Hume Street, West Mackay

Property Description: Lot 2 on RP726301 and Lot 1 on RP746423

Owner’s Details: Christopher K Manera and Julie M Manera

Area: Lot 2: 7,446m2 Lot 1: 3, 089m2

Planning Scheme: Mackay City Planning Scheme 2006

IPA Compliant Planning Scheme Zone:

Lot 2: Rural Lot 1: Industry (Low Impact)

Referral Agencies: Advice: Ergon Energy Corp

Attachments: Attachment A: Attachment B: Attachment C: Attachment D:

Locality Plan Plan of Development Area of Development Houses to Hardstand Separation Distances

Assessment of Application For the purposes of this report, the “subject site” refers to Lot 2 on RP 726301 (2B Hume Street), which is the location of the proposed use (extension to existing Hardstand Shipping Container Area). Lot 1 on RP 746423 (6B Hume Street) forms part of this application because the primary access to the whole site is located on this allotment.


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The “proposed use” refers to the Shipping Container Storage use. Executive Summary The applicant is seeking a Material Change of Use (Development Permit) for an Undefined Use, being Hardstand Container Storage Area including ancillary staff amenities building and all weather storage area, located at 2B and 6B Hume Street, West Mackay or more fully described as Lot 1 on RP 746423 and Lot 2 on RP 726301. Under the Mackay City Planning Scheme, an undefined use triggers an Impact Assessable Material Change of Use application. The report is referred to Council for the following reasons: • The proposed development conflicts with the Rural Zoning of the site.

The subject site is zoned Rural and has not been utilised for rural purposes for a number of years, with the primary use of the site being residential. The subject site is considered to be an isolated rural parcel within the Mackay urban footprint. The area of the subject site is considered to be an inadequate size in which to accommodate a viable agricultural use. In addition, the subject site is physically separated from the northern adjoining rural agricultural (sugarcane) use by an embankment. It is considered that the rural use, in particular the agricultural use, of the subject site has been compromised by the encroachment of adjoining urban land uses, in particular the establishment of the adjoining industrial (low impact) activities. Therefore, taking these circumstances into consideration, the proposed development is considered to be an appropriate land use on the subject site that is unlikely to have a detrimental impact on the agricultural viability of the adjoining rural land to the north.

And • Consideration of the residential amenity of the five (5) adjoining dwelling houses on

Hume Street.

The proposed development is unlikely to have a detrimental impact on the amenity of the five (5) adjoining residences in relation to noise and dust generation. The applicant has proposed appropriate noise attenuation and landscaping buffers between the hardstand area and the adjoining residences (southern boundary); and between the driveway and the residence on Lot 2 on RP 707861 (eastern boundary). The existing driveway and hardstand area will be sealed in order to minimise the potential impacts from dust. The proposed use will only operate during normal business hours, being 7am – 6pm weekdays, 7am – 12pm Saturdays and excludes Sundays and public holidays. Therefore, no noise from the proposed use will be generated outside of these times.

It is considered that there are sufficient planning grounds to approve the application, recognising some variations to the Planning Scheme provisions. As such, it is recommended


MIN/22.07.2009 FOLIO 7221

that Council approve the application based upon the proposals identified merits in relation to the provisions and intent of the Mackay City Planning Scheme, subject to conditions. Site Description & Surrounding Land Uses The area of the subject site is 7,446m2 and the area of the proposed use is approximately 4,932m2 (Refer to Attachment C “Area of Development”). The subject site has a single detached dwelling house and ancillary outbuildings (sheds). These buildings, except for the shed located on the southern boundary (to be removed), are proposed to be used as part of this approval for staff amenities and all weather storage. The subject site has an existing access point to Hume Street, which is located in the eastern portion of the site. The primary access point for the existing shipping container storage use is via Lot 1 on RP 746423 (6B Hume Street). The subject site adjoins: • Rural land to the north and east, which is utilised for sugarcane production • Two (2) Industry (Low Impact) lots to the west, which the proposed use, being

Hardstand Container Storage Area, is an established lawful use, (Lots 1 and 2 on RP 746423).

• Electricity infrastructure (Ergon Energy and Powerlink) is located on lots further to the northwest and southwest.

• Five (5) Urban Residential lots to the south, which each lot contains a single detached dwelling house.

Proposal The proposal seeks to establish a Material Change of Use (Development Permit) for an Undefined Use, being Hardstand Container Storage Area including ancillary staff amenities building and all weather storage area, located at 2B and 6B Hume Street, West Mackay or more fully described as Lot 1 on RP 746423 and Lot 2 on RP 726301 (2B Hume Street). The proposed use is an extension to an established use of the same nature and is currently operated over Lots 1 and 2 on RP 746423. The shipping containers are proposed to be stored on the western half of the subject site, with the eastern half being utilised for stormwater drainage. The area of the proposed hardstand container storage area is 3,255m2 and is proposed to be sealed. Vehicular access to the subject site is proposed via an existing invert crossing and driveway over Lot 1 to Hume Street. The subject site has an existing vehicular access point to Hume Street, which is not proposed to be used as part of this development application. The applicant has proposed no carparking for the proposed use. The applicant has proposed to retain the existing dwelling house and two (2) of the three (3) ancillary shed buildings. It is proposed to remove the eastern most shed (located at the rear of Lot 2 on RP 712498). The area of all buildings (proposed staff amenities and all weather storage) on the subject site is 460m2. It is proposed to use the dwelling house for staff amenities and the ancillary shed buildings for all weather storage.


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Operating hours for the proposed use will be kept to normal business hours (Monday to Friday and Saturday mornings). The applicant has proposed landscaping and noise attenuation treatments between the proposed use and adjoining residences. Legislative Requirements The Material Change of Use application triggers an Impact Assessable application under Council’s Mackay City Planning Scheme. Public notification of the proposed development was required to be undertaken by the applicant. There was one (1) properly made submission and one (1) properly made petition submission (Refer to the Submissions section of this report for more detail on the submissions received). The proposed development triggered one (1) State referral agency, being Ergon Energy as an Advice Agency with respect to the subject site being within 100m of a substation. A referral response from Ergon Energy was not received during the statutory timeframe. Resource Implications There are no resource implications with regard to the approval of this planning application. Mackay City Planning Scheme (2006) Assessment The proposed development was assessed against the relevant provisions of the Mackay City Planning Scheme. The following matters require an assessment to be made of the alternative solution in lieu of the acceptable solution and/or Planning Scheme outcomes to allow the approval of this development. The following codes are relevant to the application: • Desired Environmental Outcomes; • Mackay Frame Locality Code; • Rural Zone Code; • Environmental and Infrastructure Code; • Industrial Code; • Flood and Inundation Management Overlay Code; • Bushfire Management Overlay Code; and Desired Environmental Outcomes The proposed development is considered to be generally consistent with the intent of the Desired Environmental Outcomes (DEO’s) within the Mackay City Planning Scheme. However, the following DEO’s require further discussion. Biodiversity and Habitat/Natural Features DEO 3(a)(iv)

“community safety and buildings, structures and other physical infrastructure are not jeopardised by unacceptable risks due to natural hazards such as bushfire, excessive


MIN/22.07.2009 FOLIO 7223

erosion and land slippage, disturbance of acid sulfate soils, or inundation by flood waters.”

The proposed development is unlikely to jeopardise community safety and buildings, structures and other physical infrastructure in relation to unacceptable risks posed by the abovementioned natural hazards. The proposed development: • Is not within a bushfire prone area. The subject site is located in an urban setting, which

has access to urban fire fighting services; • Is on land that is relatively flat. The applicant has not proposed any major earthworks

that would otherwise change the slope of the subject site; • Is unlikely to disturb acid sulfate soils as no major excavation or filling works are

proposed; and • Is unlikely to increase the risk of flooding on adjoining properties. The applicant has

proposed adequate stormwater drainage to cater for minor and major storm events. Economic Development DEO 3(c)(ix)

“Operational efficiency of industrial land, particularly for major industries, is protected by:

(B) Encouraging new industrial activities in designated industrial locations on the

basis the necessary infrastructure is available or can be made available efficiently and equitably.”

The Mackay City Planning Scheme identifies “designated industrial areas” as land that is shown as Industrial on the relevant zoning map. Whilst the proposed development may not be on a site that is zoned Industry (Low Impact), it is considered to be part of an area that is predominantly light industrial. The proposed development is an extension of an existing Industry (Low Impact) use, being Shipping Container Storage. The necessary infrastructure required for an industrial development, being electricity, telecommunications, reticulated water supply and sewerage, and transport network (road network) is available and can be provided efficiently and equitably to the subject site. It is unlikely that the proposed development will have a detrimental impact on the capacity of the existing infrastructure, in particular Council’s water supply and sewerage system, as the nature of the proposed use does not require or propose additional connections to these systems. The existing road network servicing the existing use is considered to be adequate to cater for the intended service vehicles that will access the subject site for the proposed use. Hume Street, east of Cemetery Road will not require upgrading as this section of the road will not be used to access the subject site. DEO 3(c)(xi)

“Rural land:


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(A) is protected from incompatible land uses; and (B) is maintained in agricultural use, in order to ensure the viability of the sugar

industry in the City.” The subject site has not been utilised for rural purposes for a number of years, with the primary use of the site being residential. The proposed development is an extension of an existing adjoining Industry (Low Impact) use, that will not result in the introduction of an unrelated industrial use to the area. The area of the subject site, being 7,446m2 is considered to be an inadequate size in which to accommodate a viable agricultural use. The subject site is physically (topographically) separated from the northern adjoining rural agricultural (sugarcane) use by an embankment and sits higher than the adjoining sugarcane land. It is considered that the rural use, in particular the agricultural use, of the subject site has been compromised by the encroachment of adjoining urban land uses, in particular the establishment of the adjoining industrial (low impact) activities. Therefore, the ability to establish a rural use on the subject site is considered non-existent. Taking these circumstances into consideration, the proposed development is considered to be an appropriate land use on the subject site that is unlikely to have a detrimental impact on the agricultural viability of the adjoining rural land to the north. Infrastructure and Urban Growth DEO 3(e)(ii)

“the sequence of urban growth within the City is based on achieving the most efficient and equitable use of the land and making greatest use of the existing network of development, transport and community infrastructure.”

The rural use of the subject site has been compromised by the encroachment of adjoining urban land uses, in particular the establishment of the adjoining industrial (low impact) activities. Therefore, given the industrial (low impact) nature of the immediate area, the proposed development is considered to achieve the most effective and equitable use for the land. Overall, the proposed development is unlikely to jeopardise the orderly sequence of urban growth for the City as stipulated by the Mackay City Planning Scheme. DEO 3(e)(iii)

“new development in the City is directed and consolidated into areas presently serviced or areas able to be serviced efficiently and economically.”

The proposed development is located in an area that is presently fully serviced. As stated above in DEO 3(c)(ix), the necessary infrastructure required for an industrial development, being electricity, telecommunications, reticulated water supply and sewerage, and transport network (road network) is available and can be provided efficiently and equitably to the subject site without having a detrimental impact on these infrastructure systems.


MIN/22.07.2009 FOLIO 7225

Mackay Frame Locality Code The subject site is identified by the Mackay City Planning Scheme as being within the Mackay Frame Locality, Pioneer River (Urban) Precinct and Rural Zone. Mackay Frame Locality Mackay Frame Locality Overall Outcomes The proposed development is generally consistent with the Overall Outcomes of the Mackay Frame Locality. However, the following Overall Outcomes require further discussion. Overall Outcome 2(a) states, “urban development occurs on land included in an urban zone in preference to land included in non-urban zones, and is serviced with the full range of development infrastructure”. Whilst the proposed development may not be located on land included in an “urban zone”, the subject site is located in an urban area that is presently fully serviced by the full range of development infrastructure. The proposed development is unlikely to have a detrimental impact on the operational efficiency of these services, as additional connections to these services are not required to allow the proposed development to operate. Overall Outcome 2(k) states, “land in the rural area is protected from constraining effects of encroaching urban and rural residential development” and Overall Outcome 2(m) states, “non-rural activities in rural localities do not adversely affect the operation of rural uses.” The subject site is considered not to be located within a rural locality, but is rather an isolated rural lot that forms part of an established urban footprint. The subject site does not have a rural use that could be adversely affected by the proposed development or affected by encroaching urban development. It is considered that urban encroachment has already occurred on the subject site, which has compromised its rural status. It is unlikely that the proposed development will have an adverse affect on the rural uses (agricultural practices) currently happening on the northern adjoining lots if allows to proceed on the subject site. Pioneer River (Urban) Precinct The proposed development is generally consistent with the provisions of the Pioneer River (Urban) Precinct. However, the following provisions require further discussion. Overall Outcome (3)(a)(vii) stipulates “remnant rural areas retained for continued rural use”. The subject site is considered to be removed from the northern adjoining rural agricultural land, which can be viewed as a “remnant rural area”, as the site: • is physically separated from the northern adjoining agricultural rural land by an

embankment; • has been utilised for residential purposes for a number of years; and • is an inadequate size in which to accommodate a viable agricultural use.


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Rural Zone The proposed development is inconsistent with the following Overall Outcomes of the Rural Zone: Overall Outcome (a)

“Rural activities undertaken on land in the Rural Zone continue unconstrained by encroachment of incompatible land uses.”

Overall Outcome (d)

“Non-rural activities do not occur.” Whilst the proposed use, being industrial (low impact) in nature, does not fully comply with the intent of the Rural Zone, the applicant has offered justification and alternative solutions to the abovementioned Overall Outcomes of the Zone as discussed below. Despite the fact that a conflict exists in principle, it is considered that the intention of the abovementioned Overall Outcomes are to ultimately larger rural parcels and areas from incompatible land uses. Therefore, it is considered unreasonable for the intent of these Overall Outcomes to apply in this instance as the subject site is a small isolated rural lot within the existing urban footprint. The rural aspect of the subject site is considered to be compromised as a result of urban encroachment, in particular the establishment of the adjoining industrial (low impact) activities. Therefore, it is for the abovementioned reasons that the proposed industrial development, is considered an appropriate use within the Rural Zone. Industrial (Low Impact) Zone For completeness, an assessment against the Industrial (Low Impact) Zone has been included. Specific Outcome P1 states, “The Industrial (Low Impact) Zone will comprise industrial activities of: • small scale operations (i.e. requiring a site area of no more than 2,000m2); and • does not usually require out of normal business hours operations.” The proposed use is considered to be of a low impact nature as the activity does not generate undue noise; noxious fumes; involve hazardous materials; or use heavy machinery. The proposed activity will require more than 2,000m2 to operate, which falls outside of the abovementioned “small scale” definition. However, given the scale of the use, a much larger area is required to accommodate the storage of shipping containers. Furthermore, the proposed activity will operate within normal business hours. Specific Outcome P3 states, “Industrial developments include buffers or other mitigating measures to screen nearby sensitive activities from the operational impacts of the industrial


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activity; and landscaping to the site and the street, creating a high quality urban streetscape.” The applicant has proposed adequate landscaping buffers and noise attenuation measures to screen nearby sensitive activities, being the southern adjoining residences, from the potential operational impacts of the proposed development (Refer to Environment and Infrastructure Code section of this report for more detail). Furthermore, the applicant has proposed landscaping treatments to the front entrance of the site to soften the visual impact of the shipping container storage. It will be conditioned that the maximum shipping container stacking height is two (2) containers. Therefore, it is considered that the proposed development is consistent with the intent and nature of the Industry (Low Impact) Zone. Environmental and Infrastructure Code The proposed development is considered to be generally consistent with the provisions of the Environment and Infrastructure Code. The following provisions of this Code require further consideration and discussion. Access (Vehicular) The applicant’s proposal to access the subject site via the existing access location to Hume Street from Lot 1 on RP 746423 is acceptable provided the existing access and invert crossing is upgraded to Council’s commercial/industrial standard in accordance with standard drawing A3-773 and is designed to accommodate a 12.5m Heavy Rigid Vehicle. The proposal is to seal the full length of the driveway to the hardstand area to prevent the potential impact of dust. It is recommended that Lot 1 on RP 746423 be amalgamated with Lot 1 on RP726301 or a reciprocal access easement established to provide legal access to the site. The applicant has stated that the existing gravel driveway and access to Hume Street at the eastern end of the subject site (Lot 2 on RP 726301) will not be used as an access for the proposed use. The use of this driveway has the potential to create dust and noise issues for existing residence. Therefore, to prevent the use of this existing driveway on Lot 2, it will be conditioned that the applicant remove the access and driveway, provide a fence on the boundary with Hume Street and rehabilitate the access and driveway area. Carparking Requirements (including Part 12 - Schedule 2) Specific Outcome P11(i) states, “Adequate vehicle parking spaces to satisfy the anticipated requirements of the activity.” The applicant has not provided formal carparking on the subject site as part of the proposed use. It is considered that the proposed use, being an extension to the existing shipping container storage area, will not require additional carparking in this instance, as it: does not involve additional gross floor area; will not generate additional staff; and does not propose access to the public.


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Noise and Vibration Management The proposed development adjoins five (5) residential lots to the south. Specific Outcome P1 states, “Noise and vibration do not detract from the amenity of residents or employees of any adjacent premises”, and Specific Outcome P2 states, “Premises accommodating uses, which are likely to generate noise are designed and constructed with noise attenuation, building design and orientation measures.” In response to these Specific Outcomes, the applicant has provided a Noise Impact Report, prepared by MWA Environmental, which recommends noise attenuation measures between the subject site and adjoining residences. The proposed noise attenuation measures include: • Construction of a 4m wide noise attenuation buffer for the full length of the southern

boundary of the subject site (between the hardstand area and the five (5) adjoining residences) generally in accordance with drawing 0910-DA-003. The existing buildings on the subject site are considered to form part of the buffer, which further increases the separation distances for Lots 1-2 on RP 707861 and Lot 1 on RP 726301. The buffer is to include: o 0.6m high bund wall plus a 1.2m high timber paling fence (maximum height of

1.8m). It will be conditioned that the timber paling fence is double lapped. o Landscaping will be provided on the southern side of the bund and double lapped

fence. It will be conditioned that the applicant submit a landscaping plan to Council for separate approval as part of the Operational Works application.

• Installation of a double lapped fence and landscaping strip for the full length of the

western boundary of Lot 2 on RP 707861 (6 Hume Street). Landscaping will be located between the fence and the driveway.

• Appropriate operating hours. The proposed use will only operate during normal

business hours, being 7am – 6pm weekdays, 7am – 12pm Saturdays and excludes public holidays. Therefore, no noise from the proposed use will be generated outside of these times.

The abovementioned noise attenuation measures will be appropriately conditioned. In addition to the proposed noise attenuation measures, the following table shows the approximate separation distances (includes the proposed noise attenuation buffer) between the five (5) adjoining residences and proposed hardstand area (Refer to Attachment D ‘Houses to Hardstand Separation Distances’).


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Lot Approximate Separation Distance Lot 1 on RP 712498 (2 Hume Street) 22m (dwelling house)

12m (ancillary building) Lot 2 on RP 712498 (2A Hume Street) 26m (dwelling house) Lot 1 on RP 726301 (4A Hume Street) 22m (dwelling house) Lot 1 on RP 707861 (4 Hume Street) 51m (dwelling house) Lot 2 on RP 707861 (6 Hume Street) 50m (dwelling house)

Therefore, the abovementioned noise attenuation measures and separation distances are considered adequate to ensure that the residential amenity of the adjoining residences is protected from any noise that may be generated by the proposed use. Landscaping and Fencing The proposed development adjoins five (5) residential lots to the south. Specific Outcome P1 states, “Development is provided with adequate and suitable landscaping and screening on the site which ensures: i) an attractive streetscape appearance; and ii) the privacy and amenity of any adjoining residences.” As stated in the “Noise and Vibration” section of this report, the applicant has proposed landscaping treatments to the property boundaries of the five (5) residences that adjoin the proposed use. It is considered that the proposed landscaping treatments are adequate to ensure that the residential amenity of the adjoining residences is protected. In addition, the applicant has proposed landscaping to the frontage of Lot 1 on RP 746423, where the entrance to the subject is located, which will positively contribute to the Hume Street streetscape. It will be conditioned that the applicant submit a landscaping plan to Council for separate approval as part of the Operational Works application. Stormwater Quality The Site Based Stormwater Management Plan (SBSMP) of 20 October 2008 prepared by Owen Consulting, has been assessed and is considered unacceptable, as it does not comply with Mackay Regional Council MUSIC Guidelines. However, the proportion of proposed filter area is greater than the best practice requirement of 2% of the total area of the development site and therefore the proposed treatment train and Stormwater Quality Improvement Devices are acceptable. The applicant will be required to revise the SBSMP to comply with Council Guidelines and this can be submitted with the Operational Works application for separate approval.


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The applicant will be required to provide a detailed landscaping design for the planting of the bio-retention system and this can be submitted with the Operational Works application for separate approval. It should be noted that the owner of the land and successive owners in title will be responsible for maintaining the Stormwater Quality Improvement Devices, including swale drains and detention areas, as shown on drawing 0910-OCP-001 and detailed in the SBSMP. This requirement can be appropriately conditioned. Stormwater Quantity The legal point of stormwater discharge for the development is nominated as the Pioneer River. However, the practical point of stormwater discharge is the formed table drain on the northeastern side of Hume Street approximately 35m from the northern boundary of the subject site. The applicant will be required to provide a formalised stormwater drainage system to the practical point of discharge to control flows to the table drain area and cross the existing cane field access to the east. Flooding Specific Outcome P1 states, “Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential damage and to enure public safety.” According to the Flood and Inundation Management Overlay map, the part of the subject site that accommodates the proposed development does not fall within the Overlay mapping (Refer to the Flood and Inundation Management Overlay section for more details). Industrial Code The proposed development is considered to be generally consistent with the provisions of the Industrial Code. The following provisions of the Code require further discussions. Landscaping and Building Treatments Specific Outcome P1 states, “Landscaping treatments enhance the character of the street and enable the development to blend in with the surrounding locality.” The applicant has proposed landscaping to the frontage of Lot 1 on RP 746423, where the entrance to the subject site is located, which will positively contribute to the Hume Street streetscape. It will be conditioned that the applicant submit a landscaping plan to Council for separate approval as part of the Operational Works application. Flood and Inundation Management Overlay Code According to the Flood and Inundation Management Overlay map, the part of the subject site that accommodates the proposed development does not fall within the Overlay mapping. The eastern half of the subject site is included in the Flood and Inundation Management Overlay. No development is proposed within the western half of the subject site. Even though the area of development is not within the Flood and Inundation Overlay mapping, the applicant has proposed adequate stormwater drainage to the practical point of


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discharge. The applicant will be required to ensure that no ponding of stormwater, resulting from the development, does not occur on adjacent sites and that stormwater formerly flowing onto the subject site is not diverted onto other sites. Therefore, the proposed development is unlikely to have a worsening effect on flooding within the area. Bushfire Management Overlay Code The development site is located in an area identified as being Medium Bushfire Risk. The Bushfire Management Overlay Code stipulates that development maintains the safety of people and property by avoiding areas of High and Medium bushfire hazard or mitigating the risk through: a) allotment design and the appropriate siting of buildings; b) and including firebreaks that provide adequate setback between buildings/structures and

hazardous vegetation and access for fire fighting and other emergency vehicles; and c) providing adequate road access for fire fighting and other emergency vehicles and safe

evacuations; and d) providing an adequate and accessible water supply for fire fighting purposes. The proposed development is capable of mitigating the risk of bushfire and satisfactorily achieve above points a) through to d). Planning Scheme Policies The following Developer Contributions are calculated using the current applicable rates and charges. The proposal, under the Mackay City Planning Scheme, is for an Industrial Use and therefore the industrial rate for Developer Contributions will be used. The proposed use will receive a notional credit for the existing residential use on the subject site. Policy 16.01 ‘Transport Network Contributions’ The proposed development attracts a contribution towards Trunk Road Infrastructure based on 4.0 vpd per 100m2 of total use area (TUA). The TUA for the subject site is 3,715.8m2 (Hardstand area 3,255m2 + buildings 460.8m2). The proposed development generates 142.13 vpd (3,715.8m2 ÷ 100 x 4 vpd minus a credit of 6.5 vpd). This equates to a contribution calculated at 142.13 vpd x $341.00 per vpd or $48,466.33. Policy 16.02 'Parkland Contributions Policy' The applicant will be required to pay a contribution in accordance with the ‘Parkland Contributions Policy’. The contribution is based on the industrial use of the proposed development (20.4 EP’s per ha). The subject site falls within Catchment 4 – West Mackay and each EP in this catchment has a charge of $1,235.00 per EP. This equates to a contribution calculated at 7.26 EP’s (0.4932 x 20.4 EP’s = 10.06 EP’s minus 2.8 EP’s credit) x $1,235.00 or $8,966.10.


MIN/22.07.2009 FOLIO 7232

Policy 16.03 ‘Water Supply and Sewerage Services Contributions Policy’ The applicant will be require to pay a contribution in accordance with the ‘Water Supply and Sewerage Services Contributions Policy’. The contribution is based on 12 ET’s per ha for Water Supply and Sewerage. The subject site has a notional credit of 1.0 ET for both Water Supply and Sewerage Services. Please note that in the West Mackay area Water Supply is charged at $4,855.00 per ET and Sewerage is charged at $3,371.00 per ET. The proposed development generates 4.91 ET’s (0.4932 x 12 ET’s = 5.91 ET’s minus 1.0 ET credit) for both Water Supply and Sewerage. The contribution for Water Supply equates to 4.91 ET’s x $4,855.00 or $23,838.05. The contribution for Sewerage equates to 4.91 ET’s x $3,371.00 or $16,551.61. Submissions The application was notified in accordance with the requirements of the Integrated Planning Act 1997 and as a result of this process, one (1) individually prepared written submission and one (1) petition submission was received. The submissions received, expressed opposition to the proposal. The principle concerns raised from the submissions are summarised and discussed below. Ground 1: Residential Amenity - Noise Concern that heavy rigid vehicles will load and unload shipping containers at all times of the day, which will result in the generation of unacceptable levels of noise that has the potential to impact on the residential amenity of the southern adjoining residences. Applicant’s Response As part of the Response to Council’s Information Request, dated 08 January 2009, a Noise Impact Report was provided by MWA Environmental. The Report indicates that the “type of noise would be similar in nature to the current ambient noise from existing industrial uses in the locality and to the noise of a truck and other traffic travelling on nearby roads”. “In this instance the activities will be confined to daytime hours, the operation is relatively small scale and the potential noise emissions, being intermittent and fluctuating in nature, are of a type which can be managed to operate in compliance with the Code’s relevant criteria.” The proposal does not involve an undue noise generating use; however, appropriate buffers to the adjacent residential uses have been included in the proposal. In addition, buffer fencing can be constructed along the driveway boundary, which will improve on the current situation. It is noted that the proposed use is to operate within normal business hours and will therefore not constitute undue noise at night (after hours). Officer Comments The proposed development is unlikely to have a detrimental impact on the amenity of the southern adjoining residences in relation to noise generation.


MIN/22.07.2009 FOLIO 7233

The applicant has supplied a Noise Impact Report, prepared by MWA Environmental, which identifies appropriate operating times and noise attenuation treatments (landscaping buffers, fencing and bund wall) as follows. Noise Attenuation Buffer – Southern Boundary The applicant has proposed to construct of a 4m wide noise attenuation buffer for the full length of the southern boundary of the subject site generally in accordance with drawing 0910-DA-003. The existing buildings on the subject site are considered to form part of the buffer, which further increases the separation distances for Lots 1-2 on RP 707861 and Lot 1 on RP 726301. The buffer is to include: 0.6m high bund wall plus a 1.2m high timber paling fence (maximum height of 1.8m). It will be conditioned that the timber paling fence is double lapped. Landscaping will be provided on the southern side of the bund and double lapped fence. It will be conditioned that the applicant submit a landscaping plan to Council for separate approval as part of the Operational Works application. Noise Attenuation Buffer - Western Boundary of Lot 2 on RP 707861 The applicant has proposed to install a fence and landscaping strip for the full length of the western boundary of Lot 2 on RP 707861 (6 Hume Street). It will be conditioned that that fence is 1.8m in height and double lapped. Operating Hours The applicant has proposed appropriate operating hours. The proposed use will only operate during normal business hours, being 7am – 6pm weekdays, 7am – 12pm Saturdays and excludes public holidays. Therefore, no noise from the proposed use will be generated outside of these times. Separation Distances In additional to the proposed noise attenuation measures, there is a considerable separation distance (includes the proposed noise attenuation buffer) between the five (5) dwelling houses and proposed hardstand area (Refer to Attachment E ‘Houses to Hardstand Separation Distances’). Summary Therefore, it is considered that these noise attenuation measures and separation distances are adequate to ensure that the residential amenity of the adjoining residential lots is protected from any noise that may be generated by the proposed use. The abovementioned noise attenuation measures will be appropriately conditioned. Ground 2: Visual Amenity Concern that the existing and proposed use will present an unattractive, obtrusive and “eye-sore” like streetscape along Hume Street.


MIN/22.07.2009 FOLIO 7234

Applicant’s Response The 45m frontage onto Hume Street (east of the five (5) residences) will not be utilised as part of the development in consideration of the residential allotments. i.e. no new use or vehicle access is proposed. In other respects, there will be no change to the existing access arrangements. In addition, suitable landscaped buffers and bund will be provided on and adjacent to common residential boundaries. The total landscape buffer area comprises some 215m2. Officer Comments Access to the subject site (proposed use) is proposed via the existing use on Lot 1 on RP 746423. The applicant has proposed landscaping to the frontage of Lot 1 on RP 746423, which will positively contribute to the Hume Street streetscape. Furthermore, a condition of approval will allow for a maximum stack height of two (2) shipping containers in order to minimise the visual impact of the proposed use when viewed from Hume Street. The existing access for Lot 2 on RP 726301 (subject site) will not be used to access the subject site. It will be conditioned that the applicant does not use this access point. Ground 3: Possibility of Future Expansion Concern that the proposed use will further expand into the eastern portion of Lot 2 and there will be no regulation or control of further development in regard to this. Applicant’s Response Any expansion of the proposal beyond the current application will trigger a fresh Material Change of Use application and require similar (impact) assessable process to be followed. Officer Comments If the applicant wishes to further extend the proposed use into the eastern portion of the subject site, then the applicant will be required to submit an Impact Assessable Material Change of Use application to Council. In the event of this occurring, Council will need to undertake a full assessment against the relevant planning instruments to determine the outcome of the proposal. It should be noted that the majority of the eastern portion of the subject site will be utilised for stormwater detention and the potential for further expansion is therefore limited. Ground 4: Traffic Concern that the proposed use will exacerbate the traffic conditions on adjoining roads, which will make access difficult for the existing residences along Hume Street. Applicant’s Response The proposal is an extension of an existing use. No additional tenants are proposed and only an additional storage area is proposed. Any increase in onsite activity will be minimal.


MIN/22.07.2009 FOLIO 7235

Officer Comments The standard of existing road network servicing the existing use is considered adequate to cater for the intended service vehicles that will access the subject site for the proposed use. Ground 5: Fencing Concern that the type of fencing to be used on the boundary between the subject site and the Powerlink site must not be of a metallic conductive nature. Applicant’s Response If any fencing is required, the applicant shall provide fencing of a non-metallic nature. Officer Comments It can be appropriately conditioned that materials used for fencing on the boundaries adjoining the Powerlink site are non-metallic. Ground 6: Stormwater Concern that the ultimate stormwater system design will not be adequate to take stormwater away from the Powerlink land to either the Hume Street discharge point indicated in the report or the easement adjacent to the subject site. Applicant’s Response The Engineering Report within the development application details how stormwater will be redirected through bioretention swales. Concentration of stormwater runoff onto adjoining lots is contrary to Council Policy and accepted Engineering Standards. As such, the development will not be permitted to concentrate or increase stormwater runoff water onto any adjacent developed allotments and this can be reinforced by the imposition of relevant conditions of approval. Officer Comments The slope over the subject site generally falls away from the Powerlink site to the northeast, with stormwater falling over the area draining to the northeast. The applicant has proposed to drain the site to the eastern corner. Therefore, it is unlikely that the proposed development will have any stormwater impact on the adjoining Powerlink site. It can be appropriately conditioned that ponding of stormwater, resulting from the development, does not occur on adjacent sites and that stormwater formerly flowing onto the subject site is not diverted onto other sites. Consultation/Communication The following internal and external departments and agencies have been consulted during the assessment process of this development application.


MIN/22.07.2009 FOLIO 7236

Internal • Water Services were consulted in relation to:

o location of services. External • Humphreys Reynolds Perkins (applicant/consultant) were consulted in relation to:

o Noise attenuation measures; o land use conflicts; and o stormwater.

Conclusion The applicant is seeking a Material Change of Use (Development Permit) for an Undefined Use, being Hardstand Container Storage Area including ancillary staff amenities building and all weather storage area, located at 2B and 6B Hume Street, West Mackay or more fully described as Lot 1 on RP 746423 and Lot 2 on RP 726301. It is considered there are sufficient planning grounds to support the proposal, recognising some variations to the Mackay City Planning Scheme provisions. The applicant has offered alternative solutions to comply with Council’s Planning Scheme Codes with respect to the land use and residential amenity. As such, it is recommended that Council resolve to approve the application based upon the proposals identified merits in relation to the provisions and intent of the Mackay City Planning Scheme, subject to reasonable and relevant conditions. Council Resolution


A. THAT Council approve the application for a Material Change of Use (Development Permit) for an Undefined Use, being Hardstand Container Storage Area including ancillary staff amenities building and all weather storage area, located at 2B and 6B Hume Street, West Mackay or more fully described as Lot 1 on RP 746423 and Lot 2 on RP 726301, subject to the following conditions:

1. Plan of Development

The approved Hardstand Shipping Container 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.

Drawing No. Description Rev Prepared by Date 0910-DA-002 Layout Details Plan –

Site Upgrading A Owen

Consulting 7 July 2008

0910-DA-003 Sections and Details – Site Upgrading

A Owen Consulting

20 October 2008


MIN/22.07.2009 FOLIO 7237

2. Water and Sewerage Headworks

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Policy on Developer Contributions for Water Supply and Sewerage Services. Water and Sewerage Headworks will be applied based on an additional 4.91 ET’s.

3. Parkland Contribution

A parkland contribution must be paid in accordance with the Council’s Policy on Developer Contributions for Parkland. The parkland contribution will be applied based on an additional 7.26 EP’s.

4. Transport Network Contributions

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions. The transport network contribution will be applied based on an additional 142.13 vehicle movements per day (vpd’s).

5. Contributions Payment Timing

All contributions and charges must be paid prior to the date of issue of the Development Permit for Operational Works at the rate applicable at the time of payment.

6. Noise Attenuation Buffer – Bund Wall, Fencing and Landscaping

Southern Boundary

The developer must provide a 4m wide noise attenuation buffer for the full length of the southern boundary of the subject site (between the hardstand area and the five (5) adjoining residences) generally in accordance with drawing 0910-DA-003. The attenuation buffer is to include: o 0.6m high bund wall plus a 1.2m high double lapped timber paling

fence (maximum height of 1.8m). o Landscaping must be provided on the southern side of the bund and

double lapped fence.

Western Boundary of Lot 2 on RP 707861 The developer must provide a double lapped fence and landscaping strip for the full length of the western boundary of Lot 2 on RP 707861 (6 Hume Street). The landscaping must be located between the double lapped fence and the driveway.


MIN/22.07.2009 FOLIO 7238

General The developer must complete all noise attenuation buffer works (bund wall, fencing and landscaping) prior to the commencement of the use on the subject site. The total cost of fencing must be met by the developer.

7. Landscaping for Visual Softening

The developer must provide a 2m wide landscaping strip for the full frontage of Lot 1 on RP 746423 (either side of the access driveway) in order to soften the visual impact of the approved use.

8. Landscaping Plan

A detailed site landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with the application for Operational Works. The plan must show for all areas identified on the approved plan of development the following:

• Landscape specification of sufficient detail so that landscape works

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

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

edges and paving finishes; • the details of the irrigation system.

9. Visual Screen Fence

Northern and Eastern Boundaries – Lot 2 on RP 726301 A visual screen fence must be constructed on the northern and eastern boundaries of Lot 2 on RP 726301. The screen fence must be a minimum height of 1.8 metres. Eastern Boundary – Lot 1 on RP 712498 A visual screen fence must be constructed on the eastern boundaries of Lot 1 on RP 712498. The screen fence must be a minimum height of 1.8 metres. General Materials used for fencing on the common boundaries with Lot 2 on RP 720549 must be of a non-metallic nature. The total cost of all fencing must be met by the developer.


MIN/22.07.2009 FOLIO 7239

10. Maximum Stacking Height of Shipping Containers

The stacking height for shipping containers must not exceed two (2) shipping containers above ground level.

11. Demolish/Remove Existing Shed Structure

The existing shed currently situated on the subject site adjacent to the rear boundary of Lot 2 on RP 712498 must be demolished or removed from the subject site prior to the commencement of works associated with the noise attenuation buffer. A Building Approval is required for demolition/removal of the shed.

12. Hours of Operation

The approved Hardstand Shipping Container Storage Area must operate between the hours of:

• 7am – 6pm Monday to Friday; • 7am – 12pm Saturdays; and • Excludes Sundays and Public Holidays.

13. Site Configuration

The developer must either: • Amalgamate Lot 1 on RP746423 and Lot 2 on RP726301 into one

allotment prior to the commencement of the approved use. OR • Provide a reciprocal access easement over the existing driveway on

Lot 1 on RP746423 to provide legal access to Lot 2 on RP726301 prior to the commencement of the approved use.

14. Advertising Sign Approval

No advertising sign nor advertising device must be erected without Council approval. A separate application to Council under Local Law 78 will be require to be made to seek approval of the signage/ advertising device.

15. General Amenity Provision

The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the:

a. Transport of materials, goods or commodities to or from the subject

site. b. Appearance of any building, works or materials


MIN/22.07.2009 FOLIO 7240

c. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil

d. Presence of vermin 16. Refuse Storage

Provision must be made on the land for the storage and collection of refuse and other solid waste. The location and design of the refuse 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. This area must be graded and drained and screened from public view to the satisfaction of the Council.

17. Security Lighting

Security lighting on the subject site must be turned off at 9pm and then activated via movement sensors after that time. Lights must be designed, baffled and located so as to prevent any adverse effect on the adjoining residential land to the satisfaction of the responsible authority.

18. Access - Invert Crossing and Driveway

Access to the entire site must only be via the existing access location on Lot 1 on RP 746423 to Hume Street. The invert crossing (located on Lot 1 on RP 746423) must be upgraded to Council’s commercial/industrial standard in accordance with Council’s Standard Drawing No. PA3-773 and Council’s Policy 024 for access to Hume Street. The invert crossing must be designed to accommodate a 12.5m Heavy Rigid Vehicle. The existing access driveway over Lot 1 on RP 746423 must be bitumen sealed and drained. This access shall be the responsibility of the lot owner(s) and must be maintained to the satisfaction of Council.

19. Removal of Existing Access – Lot 2 on RP 726301

The existing gravel access driveway and invert crossing cannot be used in conjunction with the approved use and must be removed. The developer must provide a 1.8m high timber paling fence for the full length of the Hume Street frontage of Lot 2 on RP 726301 and must rehabilitate the existing access and driveway areas.

20. Electricity and Telecommunications Services

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


MIN/22.07.2009 FOLIO 7241

21. Lawful Point of Discharge

The legal point of stormwater discharge from the development is nominated as the Pioneer River. The practical point of stormwater discharge is nominated as the formed table drain on the northeastern side of Hume Street approximately 35m from the northern boundary of the site. The developer must provide a formalised stormwater drainage system to the practical point of discharge to control flows to the table drain area and cross the existing rural land to the east.

22. Ponding and Diversion of Stormwater

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

23. Site Based Stormwater Management Plan - High Risk

Council’s Stormwater Quality Risk Classification has classified this development as “High Risk” as defined Mackay City Council’s Engineering Design Guidelines - Soil and Water Quality Management – Planning Scheme Policy No. 15.07. The Site Based Stormwater Management Plan (SBSMP) must be submitted to Council for approval at the time of to submission of the Operational Works applications. Assessment of other components of Operational Works applications cannot be finalised until the SBSMP is approved first. If provided, Stormwater Quality Improvement Devices must be located within the site and must be of a private nature. The developer must provide a detailed landscaping design to be included in the Landscaping Plan for the plants in the bioretention system. The vegetation is required to cover the whole bioretention filter media surface, be capable of withstanding minor and major design flows and be of sufficient density to prevent preferred flow paths, scour and re-suspension of deposited sediments. The land owner is responsible for maintaining the Stormwater Quality Improvement Devices, including swale drains and detention areas, as per the approved SBSMP. A note to this effect must be placed on Council’s Rates Database.

24. On-Site Detention

The developer is to provide on-site stormwater detention so that when the site is fully developed the 100 year ARI peak discharge will not exceed the existing situation. An on site detention system must be constructed to attenuate the 100-year ARI peak discharge to be no greater after the proposed development than before. A detailed design of this system is to be submitted as part of an Operational Works application.


MIN/22.07.2009 FOLIO 7242

25. Direct Pumping from Mackay Water’s Reticulation System

Pumping direct from Council water mains for potable or fire fighting supply is not permitted.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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).

31. Damage

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

B. THAT the applicant be provided with the following Assessment Manager Advice:

1. Acid Sulphate Soils

Where the works required involve the following;

• Land below RL 20m AHD and the development will involve the excavation of 500m³ or more of soil or sediment at or below 5m AHD, or


MIN/22.07.2009 FOLIO 7243

• Land at or below RL 5m AHD and the development will involve

filling the site with 500m³ or more of material.

Then the proposal must be assessed for acid sulphate soils in accordance with SPP 2/02 Planning and Managing Development involving Acid Sulphate Soils. If acid sulphate soils are identified, treatment and management measures must be implemented in accordance with SPP 2/02 Planning and Managing Development involving Acid Sulphate Soils.

2. Local laws

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

3. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, 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 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

4. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

5. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

6. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

7. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to


MIN/22.07.2009 FOLIO 7244

ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

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

8. Contaminated Land

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

9. Summary of Developer Contributions - as at date of approval.

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

Infrastructure Catchment Number of

Units/ET’s/ EP’s/VPD

Total Calculated

Amount

Total Amount

Due Water Supply ($4,855.00 per ET)

West Mackay 4..91 ET’s (based on 12 ET’s per ha [0.4032 x 12 ET’s] minus 1.0 ET credit)

$23,838.05 $23,838.05

Sewerage Supply ($3,371.00 per ET)

West Mackay 4..91 ET’s (based on 12 ET’s per ha [0.4032 x 12 ET’s] minus 1.0 ET credit)

$16,551.61 $16,551.61

Parkland ($1,235.00 per EP)

West Mackay 7.26 EP’s (based on 20.4 EP’s per ha [0.4032 x 20.4 EP’s] minus 2.8 EP’s credit)

$8,966.10 $8,966.10

Transport Network ($341.00 per vpd)

Entire Mackay City Area

142.13 vpd (based on 4 vpd per 100m2 of total use area)

$48,466.33 $48,466.33


MIN/22.07.2009 FOLIO 7245

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Steindl

CARRIED

7.3 DEVELOPMENT SERVICES HIGHLIGHTS & SIGNIFICANT ISSUES REPORT - MONTH ENDED 30TH JUNE 2009

Author DIRECTOR DEVELOPMENT SERVICES

Purpose

To review Development Services Department highlights and significant issues for the month ended 30th June 2009.

Background and Discussion

Highlights and Significant Issues for period are as follows: - Urban Renewal and Economic Development

City Centre Revitalisation • Sarina Community Public Transport Scheme commenced on 15 June 2009 as

scheduled.- numbers of users increasing steadily – full first month data available shortly.

• Draft ‘Free Bicycle Hire Agreement’ is being redrafted following discussions with solicitors to address the public liability concerns.

• Discussions held with the Manager Convention Precinct & Events to strategise improving the CBD markets to assist in generating spontaneous shopping within the CBD.

• Continuing discussions were held in regard to the voluntary installation of ID Eye Scanners, CCTV’s and lockouts policies at night venues.

• Discussions held with Community Development to ascertain their involvement on developing economic atlas’s

• The Council’s plans and strategies for Regional Economic Development have been forwarded to The Department of Employment, Economic Development and Innovation for discussions at next scheduled meeting of Regional Economic Development.

Development Assessment - Planning

The Development Assessment – Planning staff been performing quite well, revised processes are positively influencing our service levels and this is reflected in the attached graphs:


MIN/22.07.2009 FOLIO 7246

• Council received 59 new (Planning) Development Applications in June, a 40%

increase on the previous month. However, as a result of reduced numbers of applications in the proceeding months there is a slight decrease in the numbers of applications finalised in June, which is down to 48.

• The average days to send Acknowledgement Notices has decreased from 7 in June 2008 to 6 in June 2009.

• The average days to issue Further Information Requests have decreased from 11 in June 2008 to 6 in June 2009.

• The average days to decide a DA has increased from 27 in June 2008 to 31 in June 2009.

As at 30th June 2009, there were 170 current (Planning) Development Applications. Development Compliance Section The Development Compliance Coordinator is currently in process of introducing a new system through Pathways which will allow better monitoring and reporting key performance indicators of matters under investigation and data on the various compliance stages at which compliance is achieved. The KPI’s will show response time between initial receipt of request, completion of investigation and overall time taken to achieve compliance. Status of compliance activities:- • 91 requests received for the month of June 09; • 128 requests finalised for the month of June 09; • 69 current cases requiring on-going intervention; • 55 of these cases currently requiring intervention are at formal enforcement action

phase, of which 25 have lead to MCU applications or engagement of Private Certifier, and are pending that result;

• 11 Show Cause Notices were issued during June 09; • Nil Enforcement Notices were issued; • Nil Local Law Notices were issued. Notwithstanding the upward trend in the number of requests, the number of cases requiring on-going intervention is decreasing. Although we now have some additional staff from former CAS within the section, transition away from CAS workload has been slow due requirements to provide ongoing certification activities. Governance & proactive compliance activities:- The information below has not previously been reported. The information relates to governance activities required and performed by the section. • 254 Private Certified Applications received during June 09 (Building applications

lodged by certifiers). • 30 Building Application Audits (Audits of building files by Building Surveyor &

Plumbing Inspector).


MIN/22.07.2009 FOLIO 7247

• 57 site inspections (Inspections conducted for former CAS work) (15 of these were in Sarina area).

• 59 Building Records Searches (A database search of approved structures on properties).

• 71 Certificate of Class requests (This activity provides either a copy or inspections so that a certificate is issued).

The Development Compliance Coordinator is in process of establishing a system within Pathways for monitoring and reporting the required proactive compliance of the section. This will see the departure from use of spreadsheets, to an easily accessible system. This will also lead to expansion of auditing process to include MCU audits, for which we should be undertaking. The Building Application Audits is also under review so that it is applied to the former Mirani Shire and Sarina Shire.

Development Assessment - Engineering

• Number of new Operational Work applications are less for the second 6 months of

2008/2009, than for the corresponding period last year (84 v 55). • Assessment workloads are still high with a number of major development applications

under assessment with Development Assessment – Planning and pre-lodgement discussions for future large developments.

• Construction work is progressing on a number of major developments. • As at 30th June 2009 there were 207 Operational Works applications under

assessment. Strategic Planning

General Issues • Three Heritage brochures are being finalised. Strategic Infrastructure Planning • Facilitated internal consultation workshops regarding the approach to and processes

for preparing the new planning scheme. • Participated in the Alternative Pattern of Development scenario evaluation for the

WHAM Regional Plan • Presented a summary of the Queensland Planning Provisions (Standard planning

scheme) to Councillors (Briefing)

Strategic Land Use Planning • Various developer contributions policies were adopted on 24 June 2009 for the

Mackay City, Mirani and Sarina Shire Planning schemes. • Submissions were made on the following issues:

- CQU - Base Hospital - Dudgeon Point expansion - Industrial Development

• Conducted a briefing to council on the Mirani Shire Plan for submissions received.


MIN/22.07.2009 FOLIO 7248

• Conducted a briefing to council on Items held in abeyance from Amendments 2 & 3 of 2007 of Mackay City Planning Scheme.

Health and Regulatory Services

• Shed meetings held after hours at Middle Creek& Yalbaroo regarding wild dog baiting

program. • 475 baits ( 1080 ) laid in Kuttabul area with 80% taken. • Request for mapping of lucena weed received from DPI – not yet declared weed and

mapping to be done in conjunction with other planned work. • Mosquito numbers low ( 5 ) for month – typical for winter period. • New penalty unit increase for breaches of Council / State Govt legislation from $75 to

$100 efective from 1 July 2009.- main areas involved Animal Control, Vehicles for Sale on Roads, Planning Scheme breaches and Waste Management.

• Application for Damage Mitigation Permit ( Culling & Dipersal of Wildlife ) – flying foxes at Eton - submitted to Department of Environment & Resource Management.

• Program Education unit attended Mackay & Pioneer Valley Show. • Drummuster - 280 containers collected. • RSPCA Educational Mobile Unit visited Mackay. • New Animal Management Act effective from 1 July – minimal impact except in

relation to Dangerous/Menacing Dogs – licencing of cats in area planned for 2010/2011 year.

Critical Activities Proposed for the Coming Month

• Renewals for Health Licences ( app 580 )reflecting new fees to be distributed and

collected • Roll out of Development Assessment Review Team (DART) meetings with relevant

representatives from all Departments. • Reorganisation of Strategic Planning to reflect Operational Plan for 2009/10 –

recruitment of new staff has commenced. • Improvement to data collection and mentoring of Development Compliance Requests.

Consultation

There has been consultation with Development Services Program Managers.

Resource Implications

Nil.

Conclusion

With the end of the 2008/2009 year now behind us, the Department is now pursuing an agenda of performance improvement changes – these changes will be evident in the next months report. Council Resolution


MIN/22.07.2009 FOLIO 7249


THAT this report be received.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Steindl

CARRIED

7.4 COMMERCIAL SERVICES MONTHLY PERFORMANCE MANAGEMENT REPORT - JUNE 2009

Author Director Commercial Services

Purpose

Attaching Monthly Performance Management Report for Commercial Services for the period ended 30 June 2009 Council Resolution

Director’s Recommendation

THAT the Monthly Performance Management Report be received.

Council Resolution

THAT the Director's Recommendation be adopted. Moved Cr Comerford Seconded Cr Hatfield

CARRIED

8. CONSIDERATION OF COMMITTEE REPORTS:

Nil.

9. RECEIPT OF PETITIONS:


MIN/22.07.2009 FOLIO 7250

9.1 PETITION - VILLAGE LIFE SENIOR CITIZENS COMPLEX

Author Chief Executive Officer

Purpose

A petition was received by Council on 8 July 2009 in relation to the following issues:- Construction of a bus pullover lane adjacent to the existing bus shelter at the front of

Village Life Senior Citizens Rental Complex, 21 Oak Street, Andergrove.

Background/Discussion

In terms of Council’s Standing Orders (Model Local Law No 2 (Meetings) 2008) Council has three options with regard to Petitions that are tabled and these are: The petition be received and consideration stand as an order of the day for the meeting;

or for a future meeting; or Petition be received and referred to a committee or officer for consideration and a report

to the local government; or The petition not be received.

The petition relates to the following issues: Construction of a bus pullover lane adjacent to the existing bus shelter at the front of

Village Life Senior Citizens Rental Complex, 21 Oak Street, Andergrove. The petition meets the requirements as per the Standing Orders, in that it is legible and has more than 10 signatures. Proposal It is proposed that Council consider the action it wishes to take with regard to the Petition, ie: The petition be received and consideration stand as an order of the day for the meeting;

or for a future meeting; or Petition be received and referred to a committee or officer for consideration and a report

to the local government; or The petition not be received.

Policy Implications

Nil.

Financial Implications

Nil.


MIN/22.07.2009 FOLIO 7251

Delegation Required

Nil.

Resource Requirements

Nil.

Communication Strategy

That the petitioners, through their representative, be informed in writing of Council’s decision. Council Resolution

Chief Executive Officer's Recommendation

THAT Council receive the petition and a report be prepared for Council’s consideration.

Council Resolution

THAT the Chief Executive Officer’s Recommendation be adopted. Moved Cr Casey Seconded Cr May

CARRIED

10. TENDERS:

Nil.

11. CONSIDERATION OF NOTIFIED MOTIONS

Nil.

12. LATE BUSINESS:

12.1 DIRECTOR COMMERCIAL SERVICES Cr Comerford thanked the Director Commercial Services, Mr Barry Omundson, for all his hard work and commitment in taking the Commercial Services Department forward. Cr Comerford praised Mr Omundson for being a significant contributor across the entire organisation; for implementing team building for not only his Department but for the whole Management Team; restructuring of the commercialised business unit servicing water and wastewater; countless hours spent in negotiating and improving the Mackay Infrastructure Alliance so Council is better placed to deliver the extensive capital works program. Cr Comerford wished Mr Omundson all the very best for the future.


MIN/22.07.2009 FOLIO 7252

13. PUBLIC PARTICIPATION:

Nil

14. CONFIDENTIAL REPORTS:

THAT in accordance with Section 463(1)(f) of the Local Government Act 1993 the Meeting be closed to the public to discuss a matter relating to starting or defending legal proceedings involving Council.

Moved Cr Christensen Seconded Cr Comerford

CARRIED

10:22am – The meeting was closed to the public.

THAT the meeting be again opened to the public.

Moved Cr Casey Seconded Cr Thomsen

CARRIED

10:41am – The meeting was reopened to the public.

14.1 MACKAY INFRASTRUCTURE ALLIANCE UPDATE (CONFIDENTIAL REPORT REGISTER FOLIO 49)

Council Resolution

THAT the Confidential Report on the Mackay Infrastructure Alliance be received, and

The positions of Client Project Coordinator, Project Manager, and Delivery Manager be approved as per the Confidential MWS Delivery of Capital report.

Moved Cr Comerford Seconded Cr Thomsen

CARRIED

15. MEETING CLOSURE

The meeting closed at 10:42am.


MIN/22.07.2009 FOLIO 7253

16. FOR INFORMATION ONLY

16.1 DEVELOPMENT APPLICATION INFORMATION - 05.07.09 TO 11.07.09

For Council Information Only – No Decision Required. Development Applications Received

App No Location Applicant Description

DA-2009-279 107 Juliet Street, South Mackay

Mackay Amateur Basketball Association Inc

Double Sided Windup Sign

DA-2009-277 7 Pacific Avenue, Sarina

Mr Stanley Grinter Oversized Outbuilding

DA-2009-274 2-4 Success Street, Paget

Charles A Barnes Material Change of Use - General Industry

DA-2009-276 13 Raylene Street, Mt Pleasant

Hester H Coomas Material Change of Use - Residential Storage Shed (Length greater than 9m - Length of 12m)

OW-2009-56 10 Short Street, North Mackay

Mackay Christian Colleges Ltd

Operational Works - Reconfiguration of 3 Lots

DA-2008-33 12 Quarry Street, North Mackay

Far North Beach Pty Ltd Extension of Currency Period Reconfiguration of 1 Lot to create 2 Urban Residential Lots

DA-2009-275 111 Hudsons Road, Kuttabul

Development Planning & Approvals

Material Change of Use - Residential Storage Shed Situated within the Steep Land Overlay and Home Based Business (Concrete Pumping Equipment, Business Office) and Heavy Vehicle Parking

DA-2009-252 37 Morris Street, Campwin Beach

Sunstate Garages & Sheds Oversized Shed and Setback Variation


MIN/22.07.2009 FOLIO 7254

Development Applications Finalised

App_No Location Applicant Description

Approved Subject to Conditions

DA-2005-16A L 202 Mercy Drive North Mackay

Corporation of The Sisters of Mercy

Alteration to Plan of Development - Material Change of Use - Multiple Dwelling Units (12 Units - 3 Storeys)

DA-2007-430A 17 John Vella Drive Paget

Michael D Krause Warehouse and Hardware Store retailing in Industrial Merchandise

DA-2008-732 21-23 Corporation Avenue Paget

Mackay Reef Fish Supplies

Warehouse & Ancillary Office

DA-2008-88 59 Whitsunday Drive Bloomsbury

Mr Garry Poole Material Change of Use and Reconfiguration of 1 lot to create 5 Rural Residential lots (Superseded Planning Scheme)

DA-2009-10 927 Grasstree Road Sarina

John G Mifsud 1 Rural lot to create 6 Rural Residential lots

DA-2009-159 97-101 Willetts Road Mt Pleasant

Bawd Pty Ltd Commercial Premises/Health Care Centre Addition

DA-2009-190 L 8 Mackay-Eungella Road Walkerston

Heath J Hamilton Dwelling House not complying with Acceptable Solutions and situated within the Flood & Inundation Overlay

DA-2009-223 6 Kennedy Street South Mackay

Titan Homes Queensland Pty Ltd

5 x Multiple Dwelling Units

DA-2009-254 286 Sivyers Road Habana

Vicky M De Thomasis Boundary Realignment

DA-2009-43 L 2 Kanes Road Gargett

Tropical Cabins Pty Ltd Boundary Relaxation for a Dwelling House

OW-2009-32 131 Evans Avenue North Mackay

Paragon Consulting Engineers Pty Ltd

Operational Works - 2 Lot Subdivision

PTW-2009-3 McEwens Beach Reserve, Aura Street McEwens Beach

Mackay Regional Council

Prescribed Tidal Work - McEwens Beach Sand Replenishment


MIN/22.07.2009 FOLIO 7255

PTW-2009-7 L 376 Lansdowne Road West Mackay

Mackay Regional Council

Lagoon Creek Bridge

Confirmed on Wednesday 5 August 2009.

……………………………………… MAYOR


MIN/22.07.2009 FOLIO 7256


MIN/22.07.2009 FOLIO 7257


MIN/22.07.2009 FOLIO 7258


MIN/22.07.2009 FOLIO 7259


MIN/22.07.2009 FOLIO 7260


MIN/22.07.2009 FOLIO 7261


MIN/22.07.2009 FOLIO 7262


MIN/22.07.2009 FOLIO 7263


MIN/22.07.2009 FOLIO 7264


MIN/22.07.2009 FOLIO 7265


MIN/22.07.2009 FOLIO 7266


MIN/22.07.2009 FOLIO 7267


MIN/22.07.2009 FOLIO 7268


MIN/22.07.2009 FOLIO 7269


MIN/22.07.2009 FOLIO 7270


MIN/22.07.2009 FOLIO 7271


MIN/22.07.2009 FOLIO 7272


MIN/22.07.2009 FOLIO 7273


MIN/22.07.2009 FOLIO 7274


MIN/22.07.2009 FOLIO 7275


MIN/22.07.2009 FOLIO 7276


MIN/22.07.2009 FOLIO 7277


MIN/22.07.2009 FOLIO 7278


MIN/22.07.2009 FOLIO 7279


MIN/22.07.2009 FOLIO 7280


MIN/22.07.2009 FOLIO 7281


MIN/22.07.2009 FOLIO 7282


MIN/22.07.2009 FOLIO 7283


MIN/22.07.2009 FOLIO 7284


MIN/22.07.2009 FOLIO 7285


MIN/22.07.2009 FOLIO 7286


MIN/22.07.2009 FOLIO 7287


MIN/22.07.2009 FOLIO 7288


MIN/22.07.2009 FOLIO 7289


MIN/22.07.2009 FOLIO 7290


MIN/22.07.2009 FOLIO 7291


MIN/22.07.2009 FOLIO 7292


MIN/22.07.2009 FOLIO 7293


MIN/22.07.2009 FOLIO 7294


MIN/22.07.2009 FOLIO 7295


MIN/22.07.2009 FOLIO 7296


MIN/22.07.2009 FOLIO 7297


MIN/22.07.2009 FOLIO 7298


MIN/22.07.2009 FOLIO 7299


MIN/22.07.2009 FOLIO 7300


MIN/22.07.2009 FOLIO 7301


MIN/22.07.2009 FOLIO 7302


MIN/22.07.2009 FOLIO 7303


MIN/22.07.2009 FOLIO 7304


MIN/22.07.2009 FOLIO 7305


MIN/22.07.2009 FOLIO 7306


MIN/22.07.2009 FOLIO 7307

APPENDIX / ATTACHMENTS

final minutes - mackay council · 2014-07-09 · final minutes 22 july 2009 min/22.07.2009 folio...

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