report - scenicrim.qld.gov.aud report... · mr mark ernest holcombe ... of chapter 5 respectively,...
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SCENIC RIM REGIONAL COUNCIL
Planning & Development Committee
Report Meeting held in the Council Chambers
82 Brisbane Street
Beaudesert Tuesday, 21 January 2014
Commencing at 11.35 am
All correspondence to Scenic Rim Regional Council Beaudesert Administration Centre P: 07 5540 5111 F: 07 5540 5103 Be addressed to the PO Box 25 Boonah Administration Centre P: 07 5463 3000 F: 07 5463 2650 Chief Executive Officer BEAUDESERT QLD 4285 [email protected] ABN: 45 596 234 931 www.scenicrim.qld.gov.au
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
SCENIC RIM REGIONAL COUNCIL
PLANNING & DEVELOPMENT COMMITTEE
REPORT CONTENTS
ITEM SUBJECT PAGE NO
CHIEF EXECUTIVE OFFICER ................................................................................... 1
ATTENDANCE .......................................................................................................... 1
APOLOGIES .............................................................................................................. 1
DECLARATIONS OF INTEREST BY MEMBERS...................................................... 1
1. EXECUTIVE ...................................................................................................... 3
2. CORPORATE SERVICES ................................................................................ 3
3. REGIONAL SERVICES .................................................................................... 3
3.1 MC.Bd213/00067 Louise Austin Material Change of Use to Establish an Educational Establishment (Community Services Use) (Beauty and Massage Training School) Lot 3 RP193796 .............. 3
3.2 MC.Bn13/00006 Council Report Santoshi Development Consultants Pty Ltd Reception Centre, Wedding Chapel (Undefined Land Use) Food Premises including Entertainment (Business Use) and Signage Lot 453 CH312588 .......... 15
3.3 MC.Bd213/00062 Report to Council P I Home Pty Ltd House (Residential Use) - Second Dwelling Lot 2 RP110548 .............. 31
3.4 MC.Bd213/00076 Request to Change Existing Approval Santoshi Development Consultants Pty Ltd Lot 180 WD5375 .............. 42
3.5 WITHDRAWN BuildEnv13/010 Report to Council request amend existing for Building Envelope Reliable Certification Services 32-34 Riemore Circuit, Tamborine L233 SP230704 ............................. 61
3.6 MC.Ip12/00007 Town Planning Strategies Pty Ltd Request for a Negotiated Decision Notice 14-16 Queen Street Harrisville L3 L4 L6 L7 L8 L9 L10 & L11 RP21432 ............................................... 62
3.7 RL.Bd2/00081 Development Application Report to Council Christoffel Enterprises Pty Ltd ATF Palen Creek Trust Lot 2 RP29838 Code Assessment: Subdivision ................................... 72
3.8 Endorsement of Bromelton Infrastructure Agreements [Closed s.275(1)(g)] ............................................................................. 98
4. INFRASTRUCTURE SERVICES .................................................................. 100
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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PLANNING & DEVELOPMENT COMMITTEE
REPORT
CHIEF EXECUTIVE OFFICER
I advise that the Committee met on Tuesday, 21 January 2014. Councillors present: Cr J J Sanders. Chairperson Cr J C Brent, Mayor Cr N J Waistell Cr N O’Carroll Cr V A West, Deputy Mayor Cr R J Stanfield Cr D A McInnes
ATTENDANCE
Executive Officers C R Barke, Chief Executive Officer P A Murphy, Director Infrastructure Services R Deans, Acting Director Regional Services K Stidworthy, Acting Director Corporate Services
APOLOGIES
A M Magner, Director Regional Services M A Griffioen, Director Corporate Services
DECLARATIONS OF INTEREST BY MEMBERS
Nil The following Officers attended the meeting and joined discussions on the items listed. S Turner, Manager Planning (Items 3.1 - 3.8) L Scally, Coordinator Land Use Planning (Item 3.8) Reception of Deputations by Appointment / Visitors Nil
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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PLANNING & DEVELOPMENT COMMITTEE
REPORT
Please note: The Committee resolved to go into closed session in accordance with the provisions of
s.275 of the Local Government Regulation 2012 to discuss the items of business indicated as closed in the Committee Report.
At the conclusion of these items, the Committee resolved to resume in open session.
The Committee's recommendation on each item, discussed in closed session, is as detailed at the end of each item in the Report.
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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1. EXECUTIVE
Nil.
2. CORPORATE SERVICES
Nil.
3. REGIONAL SERVICES
3.1 MC.Bd213/00067 Louise Austin Material Change of Use to Establish an Educational Establishment (Community Services Use) (Beauty and Massage Training School) Lot 3 RP193796
Executive Officer: Director Regional Services
File Reference: MC.Bd213/00067
Applicable Planning Scheme Beaudesert Shire Planning Scheme 2007
Applicant Louise Austin
Owner(s) Mr Shahid Khan & Mr Craig Kelly & Mr Mark Ernest Holcombe
Site Address 16/115 Brisbane Street, Beaudesert 4285
Real Property Description Lot 3 RP193796
Site Area 2597m2
Relevant Zone and Precinct Beaudesert and Canungra Township Zone
Town Centre Core Precinct
Proposal To Establish an Educational Establishment (Community Services Use) (Beauty and Massage Training School)
Assessment Level Impact Assessment
Approval Type Development Permit for a Material Change of Use
Public Notification: A Notice was placed on the land on 3 December 2013 for a period of no less than fifteen (15) business days.
Submissions Received Nil
Is a Notation to the Planning Scheme required?
No
Date Application Received: 7 November 2013
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Director's Recommendation
1. That Council resolve to approve the development in respect to the following property:
RPD: Lot 3 on RP193796 Address of property: 16/115 Brisbane Street Beaudesert Site area: 2597m2 Proposal: A Development Permit for a Material
Change of Use – Beaudesert Shire Planning Scheme 2007 – To Establish an Education Establishment (Community Services Use) (Beauty and Massage Training College)
Further development permits required: a) A Building Works approval is required for all building works associated with the
proposed development, prior to undertaking any building work on the subject property.
b) A Plumbing and Drainage approval is required for all / any plumbing and drainage
works associated with the proposed development, prior to undertaking any plumbing and drainage works on the subject property.
2. Conditions of Approval:
Approved Plans
1. USE IN ACCORDANCE WITH THE APPLICATION - MATERIAL CHANGE OF USE - Development being undertaken generally in accordance with Plans referenced in the table below and received by Council on the 7 November 2013 and 20 November 2013 (site plan, floor plans) and accompanying documentation, except insofar as it is modified by the conditions of this approval. Any minor changes may be requested by the Applicant in accordance the Sustainable Planning Act 2009 without the need for a further Development Application for a Material Change of Use.
Plan/Drawing Prepared by Plan/Dwg No.
Date
The Beaudesert Plaza Brisbane Street, Beaudesert Roof Plan
Gauci Group of Companies
WD03 June 1984
The Beaudesert Plaza Brisbane Street, Beaudesert Floor Plan
Gauci Group of Companies
WD02 May 2004
Post Office Square Floor Plan - Scheme 3
- SK03A No Date. Received by Scenic Rim Regional Council on 14 November 2013
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General
2. DEFINITION COMPLIANCE AND EXCLUSIONS - The approved use and associated ancillary activities shall at all times comply with the definitions of and Educational Establishment Schedule I - Defined Uses and relevant provisions of Chapter 5 respectively, of the Beaudesert Shire Planning Scheme 2007. The uses approved under the definition of Educational Establishment include practical training in the following:
- Waxing; - Facials; - Manicures; - Pedicures; - Spray Tanning; - Make up and beauty therapy; - Nail Technology; - Massage; - Microdermabrasion and the like.
3. WORKS - APPLICANT'S EXPENSE - All works, services, facilities and/or public
utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the Applicant's expense unless otherwise specified.
4. MAXIMUM NUMBER OF PERSONS - The maximum number of students on site at any given time must not exceed twenty (20) and the maximum number of staff on site at any given time must not exceed five (5).
5. OPERATING HOURS - The approved uses must be undertaken between the hours of 9am to 9pm Monday to Friday and 9am to 5pm on Saturdays.
Amenity
6. SITE MAINTENANCE - The site shall be maintained in a clean and orderly state at
all times.
7. AIR CONTAMINANTS - A noxious or offensive odour must not be emitted beyond the boundaries of the premises. No particulate matter or visible contaminant, including dust, smoke, fumes and aerosols likely to cause environmental harm is to emanate beyond the boundaries of the premises.
8. LIGHT EMISSIONS -- Light sources at the premises must be positioned and
shielded to prevent light spillage outside the boundaries of the premises.
9. NOISE DISTURBANCE - The activity must be carried out by such practicable means necessary to prevent or minimise the emission of noise likely to cause environmental nuisance at any noise sensitive or commercial place.
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10. NOISE EMISSION LIMITS- If a complaint (other than a frivolous or vexatious
complaint) is made to the administering authority, the emission of noise from the premises must not exceed the levels prescribed by Table 1 (below).
Table 1
Time Period At dwelling or other Noise sensitive place
At commercial premises
Daytime (7:00am-10:00pm)
Night time (10:00pm-7:00am)
Background +5dB(A) Background +3dB(A) Background=LA90
Background +10dB(A) Background +8dB(A) Background=LA90
The compliance levels are measured as the average of the maximum A-weighted sound levels adjusted for noise character measured over a 15-minute time interval. These provisions apply except where specific emission limits are provided in the Environmental Protection Act 1994.
11. WASTE - Waste is not to be stockpiled so as to cause environmental nuisance
or attract flies.
12. WASTE STORAGE - All waste produced at the site must be stored in appropriate containers/receptacles of a sufficient number to receive all waste generated at the site. Waste containers/receptacles must be maintained in full working order and lids are to remain closed at all times except when receiving or disposing of waste.
13. WASTE REMOVAL - All wastes must be removed to an approved disposal facility
by a transporter holding all necessary government approvals. Waste must be removed at a frequency and in a manner that prevents nuisance from the waste at neighbouring premises.
14. PESTS & VERMIN -Organic substances likely to provide a food source for vermin
must be stored in a sealed and airtight storage container to exclude access by pests or vermin.
15. POTABLE WATER - All water provided for personal hygiene, human consumption and to food preparation facilities is of a potable standard and meets the requirements of the National Health and Medical Research Council (NHMRC) Australian Drinking Water Quality Guidelines.
Advertising Devices
16. SIGNS - FORMAT AND OPERATION - Signs shall comply with the relevant provisions under the Advertising Devices Code in the Beaudesert Shire Planning Scheme 2007 and shall be of a format and appearance that is in accordance with the existing character of the built and natural environments. Signs shall have regard for local amenity and not be illuminated, flashing, moving or rotating.
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Car parking and Access
17. CAR PARKING NUMBERS - The developer/landowner is to make provision for the use of fifteen (15) of the existing car parking spaces, including provision for one (1) space for persons with disabilities for the approved development. The car parking spaces must be allocated and clearly marked for the approved development within one (1) month of this approval commencing.
18. VEHICLE LOADING / UNLOADING - All loading and unloading of vehicles
associated with the approved uses, including the pick-up and/or delivery of goods and materials, will be conducted at all times from within the curtilage of the site. The requirements of this condition are to be adhered to for the lifetime of the approved use.
3. Approval Conditions (Referral Agency):
The Department of State Development Infrastructure and Planning Concurrence Agency Response dated 29 November 2013.
4. That the Applicant be further advised of the following:
a) APPROVAL LAPSES AT COMPLETION OF RELEVANT PERIOD - This Development Approval will lapse if the Material Change of Use does not happen before the end of the relevant period. The relevant period is four (4) years from the date the approval takes effect. The relevant period may be extended at the discretion of Council under Section 341 of the Sustainable Planning Act 2009. Before the Development Approval lapses, a written request to extend the relevant period may be made to Council under Section 383 of the Sustainable Planning Act 2009. Please note that Council will not automatically remind Applicants/Occupiers when the relevant period is about to lapse.
b) DEVELOPMENT APPROVAL CONDITIONS ATTACH TO LAND – Development Approvals
which include conditions and any modifications, attach to the land and are binding on the owner, the owner’s successors in title and any occupier of the land pursuant to Section 245 of the Sustainable Planning Act 2009.
c) VEGETATION MANAGEMENT ACT 1999 AND THE CULTURAL HERITAGE ACT 2003 -
This approval in no way restricts or inhibits the provisions of neither the Vegetation Management Act 1999 nor the Aboriginal Cultural Heritage Act 2003. The Applicant(s) will need to satisfy himself/herself/themselves that in undertaking the proposed development works that his/her/their actions will not contravene the provisions of the aforementioned Acts.
d) WHEN DEVELOPMENT APPROVAL TAKES EFFECT - Pursuant to Section 339 of the
Sustainable Planning Act 2009, this Development Approval takes effect:
(i) from the date the Decision Notice/Negotiated Decision Notice (as the case may be) is given to the Applicant, if there are no Submitters and the Applicant does not appeal the decision to the Court; or
(ii) from the end of the Submitter's appeal period if there is a Submitter and
the Applicant does not appeal the decision to the Court; or
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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(iii) subject to the decision of the Court when the appeal is finally decided if
an appeal is made to the Court by any party; as the case may be. Development may start when a Development Permit takes effect (subject to any conditions specifying commencement).
e) ADVERTISING SIGNS – The majority of advertising devices require a licence in
accordance with Council’s Local Laws. Further information and the relevant application forms can be obtained by contacting Council’s Health & Environment area on 07 5540 5444.
5. Further approvals are required for: a) A Building Works approval is required for all building works associated with the
proposed development, prior to undertaking any building work on the subject property.
b) A Plumbing and Drainage approval is required for all / any plumbing and drainage
works associated with the proposed development, prior to undertaking any plumbing and drainage works on the subject property.
6. Administrative Action:
That Decision Notices be issued in accordance with s.335 of the Sustainable Planning Act 2009 to the Applicant and submitter/s.
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Stanfield Seconded: Cr West Carried Attachments
1. Floor Plans. 2. Site Plan. 3. Dekho Map/Aerial Photo. 4. SARA Concurrency Agency Response.
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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3.2 MC.Bn13/00006 Council Report Santoshi Development Consultants Pty Ltd Reception Centre, Wedding Chapel (Undefined Land Use) Food Premises including Entertainment (Business Use) and Signage Lot 453 CH312588
Executive Officer: Director Regional Services File Reference: MC.Bn13/00006
Applicable Planning Scheme Boonah Shire Planning Scheme 2006
Applicant Santoshi Development Consultants Pty Ltd
Owner(s) Mr P C Casey, Ms C Casey
Site Address 30 Muller Road Fassifern QLD 4309
Real Property Description Lot 453 CH312588
Site Area 2.0990Ha
Relevant Zone and Precinct Rural Zone – Precinct 4 (Horticultural/Dairying Lands)
Proposal To Establish a Wedding Chapel (Undefined Land Use), Food Premises Including Entertainment (Business Use) and Signage
Assessment Level Impact Assessment
Approval Type Development Permit for a Material Change of Use
Public Notification A Public Notice was placed in the Fassifern Guardian on 9 October 2013
Submissions Received Seven (7) properly made submissions
Is a Notation to the Planning Scheme required?
No
Date Application Received: 6 August 2013
Director's Recommendation
1. That Council resolve to approve the development in respect to the following property:
RPD: Lot 453 CH312588 Address of property: 30 Muller Road Fassifern QLD 4309 Site area: 2.0990Ha Proposal: A Development Permit for a Material
Change of Use –Boonah Shire Planning Scheme 2006 – a Wedding Chapel (Undefined Land Use), Food Premises Including Entertainment (Business Use) and Signage
Further development permits required: a) A Building Works approval is required for all building works associated with the
proposed development, prior to undertaking any building work on the subject property.
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b) A Plumbing and Drainage approval is required for all / any plumbing and drainage
works associated with the proposed development, prior to undertaking any plumbing and drainage works on the subject property.
2. Conditions of Approval:
Approved Plans
1. USE IN ACCORDANCE WITH THE APPLICATION - MATERIAL CHANGE OF USE - Development being undertaken generally in accordance with Plans referenced in the table below and received by Council on the 27 September 2013 (site plan and floor plan) and accompanying documentation except insofar as it is modified by the conditions of this approval. Any minor changes may be requested by the Applicant in accordance the Sustainable Planning Act 2009 without the need for a further Development Application for a Material Change of Use.
Plan/Drawing Prepared by Plan/Dwg No. Date
Proposed Development Plan (As annotated by Council)
Santoshi SDC1057-211 23/09/2013
General
2. WORKS - APPLICANT'S EXPENSE - All works, services, facilities and/or public
utility alterations required by this approval or stated condition/s, whether carried out by the Council or otherwise, shall be at the Applicant's expense unless otherwise specified.
3. MAXIMUM NUMBER OF PERSONS - The maximum number of persons attending
the site for wedding functions at any one time shall not exceed one hundred (100) persons, including staff.
4. MAXIMUM NUMBER OF WEDDING FUNCTIONS - The maximum number of
wedding functions shall not exceed one hundred (100) functions per year.
5. EXISTING USES – The applicant/owner must obtain the relevant building and plumbing and drainage approvals as required for all existing structures or the existing structures must be removed with the relevant demolition approvals prior to the commencement of use.
6. FOOD PREMISES - The approved Food Premises must only cater for the guests of the proposed wedding venue.
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Landscaping
7. LANDSCAPING – GENERAL - The land shall be landscaped with suitable trees
and shrubs together with grass or other ground cover in accordance with the provisions of Council's Town Planning Scheme. Such trees and shrubs shall be native Australian varieties particularly those indigenous to the locality, where possible, and be maintained in a sturdy and healthy condition with dead or diseased trees replaced as soon as practicable. Any landscaping required to be removed as a result of construction shall also be replaced with suitable plantings approved prior to its removal.
8. LANDSCAPING/FENCING – SPECIFIC-
Screened landscaping or fencing of a minimum height of 1.5m must be provided along the site's north western boundary commencing from a minimum distance of 15m from the front north western corner of the site for a minimum distance of 125m along the northern boundary of the site to ensure that the approved use is appropriately landscaped when viewed from the nearest residence in the north. Screened Landscaping or fencing of a minimum height of 1.5m must be provided along the site's southern boundary commencing from a minimum distance of 50m from the front south western corner of the site for a distance of 145m to ensure that the approved use is appropriately landscaped when viewed from the nearest residence in the south. Screening or fencing treatments for the distances mentioned above may be achieved either by: (i) the planting and maintenance of trees and shrubs; (ii) the establishment and maintenance of grassed and vegetated earth
mounds; (iii) the erection of screen fences; or (iv) any combination of these.
Amenity
9. SITE MAINTENANCE - The site shall be maintained in a clean and orderly state at all times.
10. OPERATING HOURS - The approved use must not start before 10.00am and must not continue after dusk on any given day.
11. AIR CONTAMINANTS - A noxious or offensive odour must not be emitted beyond the boundaries of the premises. No particulate matter or visible contaminant, including dust, smoke, fumes and aerosols likely to cause environmental harm is to emanate beyond the boundaries of the premises.
12. LIGHT EMISSIONS - Light sources at the premises must be positioned and
shielded to prevent light spillage outside the boundaries of the premises.
13. NOISE DISTURBANCE - The use of sound amplifying equipment, associated with the activity, is not to occur within the period 30 minutes prior to the close of operating hours until recommencement of operating hours.
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14. NOISE DISTURBANCE - The activity must be carried out by such practicable
means necessary to prevent or minimise the emission of noise likely to cause environmental nuisance at any noise sensitive or commercial place.
15. NOISE EMISSION LIMITS- If a complaint (other than a frivolous or vexatious
complaint) is made to the administering authority, the emission of noise from the premises must not exceed the levels prescribed by Table 1 (below).
Table 1 Time Period At dwelling or other
Noise sensitive place At commercial premises
Daytime (7:00am-10:00pm) Background +5dB(A) Background +10dB(A)
The compliance levels are measured as the average of the maximum A-weighted sound levels adjusted for noise character measured over a 15-minute time interval. These provisions apply except where specific emission limits are provided in the Environmental Protection Act 1994.
16. EROSION & SEDIMENT CONTROL - Appropriate erosion and sediment control measures must be installed and maintained as required to prevent or minimise the release of sand, silt or mud from the premises to any stormwater drainage system or any natural waterway.
17. RELEASES TO WATER - Releases to water must not cause any visible oil slick
or other visible evidence of oil or grease, nor contain visible, grease, scum, litter or floating oil.
18. WASTE - Waste is not to be stockpiled so as to cause environmental nuisance
or attract flies.
19. WASTE STORAGE - All waste produced at the site must be stored in appropriate containers/receptacles of a sufficient number to receive all waste generated at the site. Waste containers/receptacles must be maintained in full working order and lids are to remain closed at all times except when receiving or disposing of waste.
20. WASTE REMOVAL - All wastes must be removed to an approved disposal
facility. Waste must be removed at a frequency and in a manner that prevents nuisance from the waste at neighbouring premises.
21. PESTS & VERMIN -Organic substances likely to provide a food source for
vermin must be stored in a sealed and airtight storage container to exclude access by pests or vermin.
22. POTABLE WATER - All water provided for personal hygiene, human
consumption and to food preparation facilities is of a potable standard and meets the requirements of the National Health and Medical Research Council (NHMRC) Australian Drinking Water Quality Guidelines.
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Car parking and Access
23. ACCESS TO COUNCIL ROADS - An application for Property Access Location Approval for lots accessing a Council controlled road is to be lodged for approval of any existing and/or any proposed accesses and submitted to Council to evaluate the safety of the location. Any construction or upgrading of accesses conditioned by this approval will be assessed upon inspection and are to comply with current Council standards or to the satisfaction of Councils Director Infrastructure Services. The works required by this condition are to be completed prior to the commencement of the approved use.
24. WORKS WITHIN EXISTING ROAD RESERVES - A Works in Road Reserve approval
is required for any access construction work. At least seven (7) days notice will be given to Council of any work proposed within an existing road reserves under Council jurisdiction. This notice is to be in the form of written correspondence, said correspondence including full details of the proposed work to be undertaken within the road reserve. Details of temporary warning signs to be installed in association with these works will also be submitted for Council's examination prior to the work being carried out. Any damage to Council or other service providers property including water mains, sewers, services, roads, footpaths, underground drainage, etc., will be made good or paid for in full by the Applicant(s) before the development works will be accepted ‘On Maintenance’ and / or the commencement of the approved use.
25. CAR PARKING NUMBERS - The developer is to provide nineteen (19) car parking
spaces including two (2) spaces for people with disabilities. One bus bay will also be provided. The car parking spaces shall be established prior to the commencement of the approved use.
26. CAR PARKING & DRIVEWAYS – GRAVEL - All parking areas, internal roadways
and manoeuvring areas are to be designed and constructed to a minimum base course gravel standard with the exception of the nominated overflow parking area. Car parking is to be provided in accordance with AS 2890.1 - 2004 and AS 2890.2 – 2002 and Council’s Design & Construction Manual. The completed works will be certified by a Registered Professional Engineer of Queensland (RPEQ) as having been constructed in accordance with good engineering practice to a standard reasonable for commercial purposes.
These car parking provisions must be available prior to the commencement of the use and will be undertaken generally in accordance with the approved plans. All parking and driveways areas will be maintained in good condition for the lifetime of the proposed use.
27. CAR PARKING ON-SITE - All vehicles under the control of the party(ies) charged
with the overall responsibility for the operation of the facility and any ancillary staff will be parked wholly within the curtilage of the site. All vehicle movements to and from the site, inclusive of service vehicles, are to be conducted in forward gear. The requirements of this condition are to be adhered to for the lifetime of the approved use.
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28. VEHICLE LOADING / UNLOADING - All loading and unloading of vehicles
associated with the approved uses, including the pick-up and/or delivery of goods and materials, will be conducted at all times from within the curtilage of the site. The requirements of this condition are to be adhered to for the lifetime of the approved use.
Stormwater Drainage
29. ADVERSE DRAINAGE IMPACT - GENERAL - Drainage from the development works
/ building works shall not adversely impact upon adjacent properties. No ponding, concentration or redirection of stormwater shall occur onto adjoining land.
30. STORMWATER DISCHARGE AND DISPOSAL - The Developer is to make provision
for the discharge of stormwater drainage flows to a legal point of discharge. The Developer shall provide all necessary stormwater drainage; such drainage works shall be designed and constructed in accordance with the Queensland Urban Drainage Manual (QUDM).
31. EROSION CONTROL - The Applicant is responsible for implementation of
erosion control measures designed to minimise soil movement and to minimise silt loads entering drainage lines and watercourses as a result of either the development works / building works.
Water
32. ADEQUATE WATER SUPPLY – The Applicant is to make provision for the
establishment of an adequate water supply system capable of servicing the development. Details on the proposed method of providing an adequate water supply are to be submitted as part of a Development Application for Plumbing and Drainage Works. The requirements of this condition are to be completed prior to the commencement of the approved use.
Wastewater
33. WASTEWATER DISPOSAL - GENERAL - The Applicant is to make provision for the design and construction of an adequate wastewater disposal system capable of servicing the proposed development so as to adequately provide for the treatment and disposal of wastewater on-site. The wastewater disposal system is to conform with the provisions of the Department of Infrastructure and Planning “Queensland Development Code”, the “Queensland Plumbing and Wastewater (QPW) Code” and AS1547-2000. Details on the proposed method of treatment and disposal of wastewater are to be submitted as part of a Development Application for Plumbing and Drainage Works. The works required by this condition are to be completed prior to the commencement of the approved use.
3. Approval Conditions (Referral Agency):
There are no referral agencies identified.
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4. That the Applicant be further advised of the following:
a) APPROVAL LAPSES AT COMPLETION OF RELEVANT PERIOD - This Development Approval will lapse if the Material Change of Use does not happen before the end of the relevant period. The relevant period is four (4) years from the date the approval takes effect. The relevant period may be extended at the discretion of Council under Section 341 of the Sustainable Planning Act 2009. Before the Development Approval lapses, a written request to extend the relevant period may be made to Council under Section 383 of the Sustainable Planning Act 2009. Please note that Council will not automatically remind Applicants/Occupiers when the relevant period is about to lapse.
b) DEVELOPMENT APPROVAL CONDITIONS ATTACH TO LAND – Development Approvals
which include conditions and any modifications, attach to the land and are binding on the owner, the owner’s successors in title and any occupier of the land pursuant to Section 245 of the Sustainable Planning Act 2009.
c) VEGETATION MANAGEMENT ACT 1999 AND THE CULTURAL HERITAGE ACT 2003 -
This approval in no way restricts or inhibits the provisions of neither the Vegetation Management Act 1999 nor the Aboriginal Cultural Heritage Act 2003. The Applicant(s) will need to satisfy himself/herself/themselves that in undertaking the proposed development works that his/her/their actions will not contravene the provisions of the aforementioned Acts.
d) WHEN DEVELOPMENT APPROVAL TAKES EFFECT - Pursuant to Section 339 of the
Sustainable Planning Act 2009, this Development Approval takes effect:
(i) from the date the Decision Notice/Negotiated Decision Notice (as the case may be) is given to the Applicant, if there are no Submitters and the Applicant does not appeal the decision to the Court; or
(ii) from the end of the Submitter's appeal period if there is a Submitter and
the Applicant does not appeal the decision to the Court; or
(iii) subject to the decision of the Court when the appeal is finally decided if an appeal is made to the Court by any party; as the case may be. Development may start when a Development Permit takes effect (subject to any conditions specifying commencement).
e) FOOD LICENSING - If food is prepared and served at the premises, the food
preparation facilities may require to be licensed and approved by Council in accordance with the Food Act 2006. Further information and the relevant application forms can be obtained by calling Council’s Health & Environment area on 07 5540 5444.
g) ADVERTISING SIGNS – The majority of advertising devices require a licence in
accordance with Council’s Local Laws. Further information and the relevant application forms can be obtained by contacting Council’s Health & Environment area on 07 5540 5444.
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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5. That the Submitter/s be advised of the following:
SUBMITTER ADVICE - APPROVAL - Council has considered all matters relevant to this application, including your submission, and has resolved to approve the application subject to the listed conditions. Council is of the view that the development is competent and takes a satisfactory approach in its layout and design commensurate with the stated conditions of approval.
6. Administrative Action:
That Decision Notices be issued in accordance with s.335 of the Sustainable Planning Act 2009 to the Applicant and submitter/s.
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr McInnes Seconded: Cr Brent Carried Attachments
1. Floor Plan/Site Plan - Annotated. 2. Dekho Map/Aerial Photo. 3. Submitter's Details. 4. Applicant Response to Submissions.
PLANNING & DEVELOPMENT COMMITTEE- REPORT 21 JANUARY 2014
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Attachment 1 – Floor Plan/Site Plan - Annotated
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Attachment 2 – Dekho Map/Aerial Photo
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Attachment 4 – Applicant response to submissions
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3.3 MC.Bd213/00062 Report to Council P I Home Pty Ltd House (Residential Use) - Second Dwelling Lot 2 RP110548
Executive Officer: Director Regional Services File Reference: MC.Bd213/00062
Applicable Planning Scheme Material Change of Use – Beaudesert Shire Planning Scheme 2007
Applicant P I Home Pty Ltd
Owner(s) Mr D Caplygin, Mrs C A Caplygin
Site Address 86-88 Cliff Road TAMBORINE MOUNTAIN QLD 4272
Real Property Description Lot 2 RP110548
Site Area 4128m2
Relevant Zone and Precinct Tamborine Mountain Zone, Residential Precinct
Proposal House (Second Dwelling)
Assessment Level Impact Assessment (Consistent)
Approval Type Development Permit
Public Notification: 4 November 2013 to 23 November 2013
Submissions Received 17
Date Application Received: 14 October 2013
Director's Recommendation
1. That Council resolve to approve the development in respect to the following property:
RPD: Lot 2 RP 110548 Address of property: 86-88 Cliff Road TAMBORINE MOUNTAIN
QLD 4272 Site area: 4128m2 Proposal: Material Change of Use – House (Second
Dwelling) Impact Assessable (Consistent)
2. Conditions of Approval:
Approved Plans
1. USE IN ACCORDANCE WITH THE APPLICATION - MATERIAL CHANGE OF USE - Development being undertaken generally in accordance with Plans referenced in the table below and received by Council on 25 June 2013 and except insofar as it is modified by the conditions of this approval. Any minor changes may be requested by the Applicant in accordance with the Sustainable Planning Act 2009 without the need for a further Development Application for a Material Change of Use.
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Plan/Drawing Prepared by Plan/Dwg No. Date
Site Plan - Proposed new residence
PPDC DA1 - Amendment A 12-12-13
Existing Floor Plan, Elevations
PPDC DA2 13-09-13
Ground Floor Plan
PPDC DA2 13-08-13
Elevations PPDC DA3 - Amendment A 14-12-13
Elevations PPDC DA4 - Amendment A 14-12-13
General
2. DEFINITION COMPLIANCE AND EXCLUSIONS - The approved use and associated ancillary activities shall at all times comply with the definition of a House as defined under Schedule 1 – Defined Uses and Chapter 5, Part 2, Section 5.2.35 of the Beaudesert Shire Planning Scheme 2007 except where modified by the conditions of this approval.
3. SITE MAINTENANCE - The site shall be maintained in a clean and orderly state at
all times.
Stormwater Drainage
4. ADVERSE DRAINAGE IMPACT - GENERAL - Drainage from the development works / building works shall not adversely impact upon adjacent properties. No ponding, concentration or redirection of stormwater shall occur onto adjoining land.
5. STORMWATER DISCHARGE AND DISPOSAL - The Developer is to make provision for
the discharge of stormwater drainage flows to a legal point of discharge. The Developer shall provide all necessary stormwater drainage; such drainage works shall be designed and constructed in accordance with the Queensland Urban Drainage Manual (QUDM).
6. MINIMISE EROSION - The Applicant is to provide for the implementation of erosion
control measures designed to minimise soil movement and to minimise silt loads entering adjacent properties/drainage lines and/or watercourses as a result of either the development works/building works.
Water
7. MINIMUM WATER STORAGE - The applicant is to make provision of a 45,000 litres of minimum on-site water storage for domestic purposes (total for the two dwellings) prior to the occupation of the secondary dwelling.
Wastewater
8. ON-SITE SEWAGE TREATMENT FACILITY - Details on the proposed method of treatment and disposal of wastewater are to be submitted as part of a Development Application for Plumbing and Drainage Works prior to the occupation of the secondary dwelling. Applications will need to comply with the Queensland Plumbing & Wastewater Code. Due regard must also be held with the recommendations included in the Residential Slope Stability Assessment Report prepared by Geotech Drilling Services dated 21/8/13.
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Access, Car parking and Roads
9. HEAVY VEHICLE PARKING - At no time will the Applicant be permitted to either temporarily or permanently park heavy vehicles within six (6) metres of any boundary of the subject site without the prior approval of Council.
10. ACCESS TO COUNCIL ROADS - An application for Property Access Location
Approval for lots accessing a Council controlled road is to be lodged for approval of any existing and/or any proposed accesses and submitted to Council to evaluate the safety of the location. Any construction or upgrading of accesses conditioned by this approval will be assessed upon inspection and are to comply with current Council standards or to the satisfaction of Councils Director Infrastructure Services. The works required by this condition are to be completed prior to the occupation of the dwelling unit.
11. WORKS WITHIN EXISTING ROAD RESERVES - A Works in Road Reserve approval is
required for any access construction work. At least seven (7) days' notice will be given to Council of any work proposed within an existing road reserves under Council jurisdiction. This notice is to be in the form of written correspondence, said correspondence including full details of the proposed work to be undertaken within the road reserve. Details of temporary warning signs to be installed in association with these works will also be submitted for Council's examination prior to the work being carried out. Any damage to Council or other service providers property including water mains, sewers, services, roads, footpaths, underground drainage, etc., will be made good or paid for in full by the Applicant(s) before the development works will be accepted ‘On Maintenance’ and / or the commencement of the approved use.
Earthworks Design and Management
12. SLOPE STABILITY – The application must comply with the requirements of the
recommendations of the Slope Stability Assessment Report prepared by STA Consulting Engineers dated 16 September 2013. The applicant is responsible for the implementation of the recommendations included in the report.
13. DRIVEWAY AND ALLOTMENT EARTHWORKS – All allotment earthworks will be undertaken in accordance with Section 3.4 of Council's Design and Construction Manual, to the satisfaction of Council's Director Infrastructure Services. The works required by this condition are to be completed prior to the occupation of the secondary dwelling.
14. RETAINING WALLS – The design and construction of any retaining wall greater
than 1.0 metre in height is to be structurally certified by a Registered Professional Engineer Queensland. Any retaining wall higher than 1.0 metre will require approval under a Building Application.
Electrical Works
15. ELECTRICITY - The Applicant is to make provision of a suitable electricity supply from the State electricity grid through the State authorised supplier (Energex) to the new dwelling. The works required by this condition are to be completed prior to the occupation of the new dwelling.
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Landscaping
16. LANDSCAPING - GENERAL Any landscaping undertaken shall utilise native Australian varieties particularly those indigenous to the locality, where possible, and be maintained in a sturdy and healthy condition with dead or diseased trees replaced as soon as practicable.
3. That the Applicant be further advised of the following:
a) DEVELOPMENT APPROVAL CONDITIONS ATTACH TO LAND - Development Approvals
which include conditions and any modifications, attach to the land and are binding on the owner, the owner’s successors in title and any occupier of the land pursuant to Section 245 of the Sustainable Planning Act 2009.
b) VEGETATION MANAGEMENT ACT 1999 AND THE CULTURAL HERITAGE ACT 2003 -
This approval in no way restricts or inhibits the provisions of neither the Vegetation Management Act 1999 nor the Aboriginal Cultural Heritage Act 2003. The Applicant(s) will need to satisfy himself/herself/themselves that in undertaking the proposed development works that his/her/their actions will not contravene the provisions of the aforementioned Acts.
c) WHEN DEVELOPMENT APPROVAL TAKES EFFECT - Pursuant to Sustainable Planning Act 2009, this Development Approval takes effect:
(i) from the date the Decision Notice/Negotiated Decision Notice (as the case may be) is given to the Applicant, if there are no Submitters and the Applicant does not appeal the decision to the Court; or
(ii) from the end of the Submitter's appeal period if there is a Submitter and
the Applicant does not appeal the decision to the Court; or (iii) subject to the decision of the Court when the appeal is finally decided if
an appeal is made to the Court by any party; as the case may be. Development may start when a Development Permit takes effect (subject to any conditions specifying commencement).
d) APPROVAL LAPSES AT COMPLETION OF RELEVANT PERIOD - This Development
Approval will lapse if the Material Change of Use does not happen before the end of the relevant period. The relevant period is four (4) years from the date the approval takes effect. The relevant period may be extended at the discretion of Council under Section 341 of the Sustainable Planning Act 2009. Before the Development Approval lapses, a written request to extend the relevant period may be made to Council under Section 383 of the Sustainable Planning Act 2009. Please note that Council will not automatically remind Applicants/Occupiers when the relevant period is about to lapse.
4. Approval Conditions (Referral Agency): N/a
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5. That the Applicant be further advised of the following:
a. Further approvals are required for:
i. A Building Works approval is required for all building works associated with the proposed development, prior to undertaking any building work on the subject property.
ii. A Plumbing and Drainage approval is required for all / any plumbing and drainage works associated with the proposed development, prior to undertaking any plumbing and drainage works on the subject property.
b. That the Submitter/s be advised of the following:
SUBMITTER ADVICE - APPROVAL - Council has considered all matters relevant to this application, including your submission, and has resolved to approve the application subject to the listed conditions. Council is of the view that the development is competent and takes a satisfactory approach in its layout and design commensurate with the stated conditions of approval.
6. Administrative Action:
That Decision Notices be issued in accordance with s.335 of the Sustainable Planning Act 2009 to the Applicant, submitter/s and referral agencies.
7. Monitored land uses N/a
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Brent Seconded: Cr Stanfield Carried For: Crs Brent, Stanfield, West, McInnes and Sanders Against: Crs Waistell and O'Carroll Attachments
1. Site Plan - Proposed New Residence. 2. Existing Floor Plan, Elevations. 3. Ground Floor Plan. 4. Elevations. 5. Elevations 6. Submitter details.
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Attachment 1 - Site Plan - Proposed New Residence
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Attachment 2 - Existing Floor Plan, Elevations
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3.4 MC.Bd213/00076 Request to Change Existing Approval Santoshi Development Consultants Pty Ltd Lot 180 WD5375
Executive Officer: Director Regional Services File Reference: MC.Bd213/00076 Parent Reference: MC.Bd211/00077
Applicable Planning Scheme Beaudesert Shire Planning Scheme 2007
Applicant Robin Hopkins
Owner(s) Mr R A Hopkins
Site Address Mt Lindesay Highway GLENEAGLE QLD 4285
Real Property Description Part of Lot 180 WD 5375
Site Area 50.032 hectares
Relevant Zone and Precinct Beaudesert and Canungra Townships Zone - Emerging Community Precinct
Proposal A Request to Change a Development Approval pursuant to section 369 under Sustainable Planning Act 2009
Assessment Level Code Assessment
Approval Type A combined application for a Preliminary Approval for a Material Change of Use and a Development Permit for Reconfiguring a Lot (Impact Assessment – Inconsistent)
Approval: A Preliminary Approval pursuant to section 242 of the Sustainable Planning Act 2009 to vary the effect of the local planning instrument and a Development Permit for the creation of 54 Residential allotments, one (1) open space lot and a balance Emerging Communities Precinct lot.
Date Application Properly Received: 10 December 2013
Director's Recommendation
1. That Council resolve to approve the request for a Request to Change a Development Approval under section 375 of the Sustainable Planning Act 2009 in respect to the following property:
RPD: Part of Lot 180 WD 5375 Address of property: Mt Lindesay Highway GLENEAGLE QLD
4285 Site area: 50.032 hectares Proposal: A request for a Request to Change a
Development Approval pursuant to section 369 of the Sustainable Planning Act 2009.
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Original Approval: A Preliminary Approval pursuant to section
242 of the Sustainable Planning Act 2009 to vary the effect of the local planning instrument and a Development Permit for the creation of 54 Residential allotments, one (1) open space lot and a balance Emerging Communities Precinct lot.
Further development permits required: As identified within the approval Decision Notice dated 3 April 2013.
2. Conditions of Approval:
33) INFRASTRUCTURE AGREEMENT - Deleted.
61) PUBLIC OPEN SPACE - The applicant must provide park land to Council in
accordance with the Proposal Plan of Subdivision, Drawing Number SDC1000-225, dated 21/05/2012.
3. Approval Conditions (Referral Agency):
As identified within the approval Decision Notice dated 3 April 2013. 4. That the Applicant be further advised of the following:
As identified within the approval Decision Notice dated 3 April 2013. 5. Further approvals are required for:
As identified within the approval Decision Notice dated 3 April 2013. 6. Administrative Action:
That a Decision Notice be issued in accordance with section 376 of the Sustainable Planning Act 2009 to the Applicant and referral agency (SARA).
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Brent Seconded: Cr Stanfield Carried Attachments
1. Approved Plan of Subdivision - Drawing Number SDC1000-225 dated 21/05/2012. 2. Applicant's Request to Change Existing Approval - Permissible Change. 3. HopgoodGanim's Infrastructure Agreement letter date 16 October 2013. 4. State Assessment and Referral Agency's Response dated 8 January 2014.
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Attachment 1 - Approved Plan of Subdivision
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Attachment 2 - Applicant's Request to Change Existing Approval
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Attachment 3 - HopgoodGanim's Infrastructure Agreement letter
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Attachment 4 - State Assessment and Referral Agency's Response
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3.5 WITHDRAWN BuildEnv13/010 Report to Council request amend existing for Building Envelope Reliable Certification Services 32-34 Riemore Circuit, Tamborine L233 SP230704
Executive Officer: Director Regional Services File Reference: BuildEnv13/010
It was moved Cr Stanfield, seconded Cr West that this item be discussed in closed session in accordance with the provisions of Section 275(1)(g) of the Local Government Regulation 2012. CARRIED Council resolved into closed session in accordance with the provisions of Section 275(1) of the Local Government Regulation 2012 and Council’s Meetings and Other Forums Policy relating to closed session meetings to discuss this and another closed item. Moved Cr Brent Seconded Cr O'Carroll CARRIED Following discussion in closed session of Item 3.8, Council resumed in open session for the proposal of Committee recommendations. Moved Cr West Seconded Cr O'Carroll CARRIED
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3.6 MC.Ip12/00007 Town Planning Strategies Pty Ltd Request for a Negotiated Decision Notice 14-16 Queen Street Harrisville L3 L4 L6 L7 L8 L9 L10 & L11 RP21432
Executive Officer: Director Regional Services
File Reference: MC.Ip12/00007
Applicable Planning Scheme Material Change of Use – Ipswich Planning Scheme 2006
Applicant Town Planning Strategies Pty Ltd
Owner(s) Ms M M Hayes & others
Site Address Queen Street, Eagle Street and Carsens Avenue HARRISVILLE QLD 4307
Real Property Description Lots 3, 4, 6, 7, 8, 9, 10 & 11 on RP21432, Lots 1, 7, 8, 14, 15, 16 & 17 on RP21439, Lot 2 RP89654, Lot 2 RP21434, Lot 2 RP21440 and Lots 2, 3, 4, 5 & 7 on RP113052
Site Area 12.1276 hectares
Relevant Zone and Precinct Township Character Housing - Township Character Mixed Use, Township Business
Proposal A Request for a Negotiated Decision Notice pursuant to Section 361 of the Sustainable Planning Act 2009
Date Application Received: 14 October 2013 (Properly Made on 6 December 2013)
Director's Recommendation
1. That Council resolve to approve the request for a Negotiated Decision Notice in respect to the following property:
RPD: Lots 3, 4, 6, 7, 8, 9, 10 & 11 on RP21432,
Lots 1, 7, 8, 14, 15, 16 & 17 on RP21439, Lot 2 RP89654, Lot 2 RP 21434, Lot 2 RP 21440 and Lots 2, 3, 4, 5 & 7 on RP113052
Address of property: 14-16 Queen Street HARRISVILLE QLD 4307
Site area: 12.1276 hectares Proposal: A Preliminary Approval to vary the effect of
the planning scheme to enable land uses to occur pursuant to section 242 of the Sustainable Planning Act 2009 and Development Permit for Reconfiguring of a Lot by creating 23 single residential lots (Boundary Realignment)
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Further development permits required:
An Operational Works approval is required for the civil and electrical works associated with this development.
2. Conditions of Approval: Conditions Applicable to ALL stages (Stages 1, 2 & 3) General 1) FINAL PLAN OF SURVEY - Reconfiguration of the site will occur generally in
accordance with the proposal plan with reference number 09/PS9797/2X version X Sheet 1 of 9 amended on 04/12/13 prepared by WD Surveys Pty Ltd or as amended and approved by Council. The Developer shall submit a final plan of survey that conforms to the approved plan and showing any easements arising from the approved reconfiguration. Should the applicant request Council a staged approach for lodging a final plan of survey, the applicant is to note that Council will not endorse any such request for Stages 2 and 3 until such time a final plan of survey for Stage 1 has been endorsed by Council and registered with the Land Titles Office.
8.2) WATER CONNECTION - Queensland Urban Utilities supports the creation of a total
of thirteen (13) lots out of the total lots proposed before the external water main works outlined above are commissioned. No further lots are to be created before the work is complete.
Additional Conditions Applicable to Stage 1 General 19). DELETED. Access and Roads
20). ACCESS TO PROPOSED LOTS 2 AND 5 - The developer is to construct a gravel
access driveway minimum 3 metres wide for the full extent of the easement to be established on Lots 4 and 6 in favour of Lots 2 and 5 respectively. The works will be certified by an RPEQ Engineer as having been constructed to a reasonable standard for a domestic driveway and observing good engineering practice. The access driveway is to be maintained in good conditions by the applicant at all times. The works required by this condition are to be completed prior to the occupation of a dwelling house built over Lots 2 and 5.
25). ACCESS TO COUNCIL ROADS – An application for Property Access Location
Approval for lots accessing a Council controlled road is to be lodged with Council by the individual future owners of the lots. Any construction of accesses conditioned by this approval is to comply with current Council standards or to the satisfaction of Councils Director Infrastructure Services. A Works Within a Road Reserve approval also is required for any access construction work.
All other conditions remain the same.
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3. Approval Conditions (Referral Agency):
SARA for The Department of Transport and Main Roads (DTMR) - Concurrence Agency Response dated 19 December, 2013.
4. That the Applicant be further advised of the following:
a) APPROVAL LAPSES AT COMPLETION OF RELEVANT PERIOD - This Development Approval will lapse if the Reconfiguring a Lot does not happen before the end of the relevant period. The relevant period is four (4) years from the date the approval takes effect. The relevant period may be extended at the discretion of Council under Section 341 of the Sustainable Planning Act 2009. Before the Development Approval lapses, a written request to extend the relevant period may be made to Council under Section 383 of the Sustainable Planning Act 2009. Please note that Council will not automatically remind Applicants/Occupiers when the relevant period is about to lapse.
b) DEVELOPMENT APPROVAL CONDITIONS ATTACH TO LAND - Development Approvals
which include conditions and any modification attach to the land and are binding on the owner/s, the owner/s successors in title and any occupier of the land pursuant to Section 245 of the Sustainable Planning Act 2009.
c) VEGETATION MANAGEMENT ACT 1999 AND THE CULTURAL HERITAGE ACT 2003 -
This approval in no way restricts or inhibits the provisions of the Vegetation Management Act 1999 nor the Aboriginal Cultural Heritage Act 2003. The Applicant will need to satisfy himself/herself that in undertaking the proposed development works that their actions will not contravene the provisions of the aforementioned Acts.
d) WHEN DEVELOPMENT APPROVAL TAKES EFFECT - Pursuant to Section 339 of the
Sustainable Planning Act 2009, this Development Approval takes effect:
(i) from the date the Decision Notice/Negotiated Decision Notice (as the case may be) is given to the Applicant, if there are no Submitters and the Applicant does not appeal the decision to the Court; or
(ii) from the end of the Submitter's appeal period if there is a Submitter and
the Applicant does not appeal the decision to the Court; or
(iii) subject to the decision of the Court when the appeal is finally decided if an appeal is made to the Court by any party; as the case may be. Development may start when a Development Permit takes effect (subject to any conditions specifying commencement).
e) FINAL PLAN OF SURVEY – All conditions are to be complied with before or at the
time the Applicant lodging an application for the signing of the Final Plan of Survey unless otherwise stated herein.
f) ROAD NAMING – The applicant is to lodge a request with Council seeking the
approval of nominated road names. It is highly advisable that the approved road names be shown in the final plan of survey.
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5. Further approvals are required for:
An Operational Works approval is required for the civil and electrical works associated with this development.
6. Administrative Action:
That a Decision Notice be issued in accordance with s361 of the Sustainable Planning Act 2009 to the Applicant and referral agencies.
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Brent Seconded: Cr McInnes Carried Attachments
1. Applicants Request for Negotiated Decision Notice (s361 of SPA) dated 14 October 2013.
2. Proposed Plan of Development. 3. Referral Agency's response - SARA for Department of Transport and Main Roads.
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Attachment 1 - Applicants Request for Negotiated Decision Notice (s.361 of SPA)
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Attachment 2 - Proposed plan of development (undetermined scale)
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Attachment 3 - Referral Agency's response
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3.7 RL.Bd2/00081 Development Application Report to Council Christoffel Enterprises Pty Ltd ATF Palen Creek Trust Lot 2 RP29838 Code Assessment: Subdivision
Executive Officer: Director Regional Services
File Reference: RL.Bd2/00081
Applicable Planning Scheme RAL – Beaudesert Planning Scheme 2007
Applicant Christoffel Enterprises Pty Ltd ATF Palen Creek Trust
Owner(s) Christoffel Enterprises Pty Ltd ATF Palen Creek Trust
Site Address 60 Ward Road PALEN CREEK QLD 4287
Real Property Description Lot 2 RP 29838
Site Area 297.646 Ha
Relevant Zone and Precinct Rural Zone Countryside Precinct
Proposal RAL – Subdivision
Assessment Level Code Assessment
Approval Type Development Permit
Date Application Received: 28 June 2013
Director's Recommendation
1. That Council resolve to approve the development in respect to the following property:
RPD: Lot 2 RP 29838 Address of property: 60 Ward Road PALEN CREEK QLD 4287 Site area: 297.646 ha Proposal: Reconfiguration of a Lot (1 lot into 3 lots)
Beaudesert Planning Scheme 2007 2. Conditions of Approval:
General
a) That pursuant to the Sustainable Planning Act 2009 Council resolve to approve with conditions the Development Application for Reconfiguration of a Lot at 60 Ward Road PALEN CREEK, described as Lot 2 RP 29838 in accordance with the following:
1) A DEVELOPMENT PERMIT IS GIVEN FOR A RECONFIGURATION OF A LOT -(one
into three lots) generally in accordance with Proposal Plan by TJ Kelly Surveys Pty Ltd, Drawing No.: 3165-02 dated 27/06/2013, subject to the following conditions and modifications:
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2) ACCESS TO COUNCIL ROADS - An application for Property Access Location
Approval for lots accessing a Council controlled road is to be lodged for approval of any existing and/or any proposed accesses and submitted to Council to evaluate the safety of the location. Any construction or upgrading of accesses conditioned by this approval will be assessed upon inspection and are to be constructed to the satisfaction of Councils Director Infrastructure Services
3) WORKS WITHIN EXISTING ROAD RESERVES - A Works in Road Reserve
approval is required for any access construction work. These applications are to be lodged with Council at the time of erecting a house on the benefited land and in any case prior to the occupation of the house.
At least seven (7) days' notice will be given to Council of any work proposed within an existing road reserves under Council jurisdiction. This notice is to be in the form of written correspondence, said correspondence including full details of the proposed work to be undertaken within the road reserve. Details of temporary warning signs to be installed in association with these works will also be submitted for Council's examination prior to the work being carried out. Any damage to Council property including water mains, sewers, services, roads, footpaths, underground drainage, etc., will be made good or paid for in full by the Applicant(s) before the development works will be accepted ‘On Maintenance’ and / or the commencement of the approved use.
4) ACCESS TO STATE CONTROLLED ROADS – The applicant is to liaise with Department of Transport and Main Roads (DTMR) to confirm if the existing and/or proposed access locations meet DTMRs requirements in regards to accessing a State Controlled Road or show evidence that DTMR have approved the access in the past, as well as advising Council in writing of any changes. This confirmation is required prior to sealing of the Plan of Survey.
5) ELECTRICITY - Provision of electricity supply from the State electricity grid
through the State authorised supplier (Energex) to all approved lots within the development. Consumer power lines not contained wholly within the proposed allotment serviced by the line are to be either relocated accordingly or incorporated within a service easement to be registered on the final plan of survey for the reconfiguration.
6) EARTHWORKS ACCESS DRIVEWAY AND ALLOTMENT FILLING – All internal road
works and allotment filling is to be undertaken in accordance with Section 3.4 of Council's Design and Construction Manual, to the satisfaction of Council’s Director Infrastructure Services and certified by a Registered Professional Engineer Queensland.
7) ACCESS EASEMENT - A minimum of 20 m wide access easement is to be
provided on proposed Lot 2 in favour of proposed Lot 1 to be registered on the final plan of survey for the reconfiguration. All necessary documentation facilitating the implementation or amendments to the proposed easement will be undertaken by the Applicant at the Applicant’s full cost.
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8) WORKS - APPLICANT'S EXPENSE - All works, services, facilities and/or public
utility alterations required by this approval or stated conditions, whether carried out by the Council or otherwise, will be at the Applicant's expense unless otherwise specified.
9) SURVEYOR TO CERTIFY – The Surveyor shall certify at the time of making
application for signing of the Final Plan(s) of Survey:
- the existing building structure(s) and any other associated building structures including effluent disposal areas upon proposed Lot 1 is wholly contained within the bounds of the proposed allotment(s); and meet the current statutory setback requirements from the boundaries for the proposed lots.
In the event that one or more of the aforementioned associated building structure(s) including effluent disposal areas straddles the boundary, the Applicant(s) will need to either alter the proposed configuration or alternatively demolish the offending structure(s). If the Applicant(s) elect(s) to demolish one (1) or more of the structure(s), the Applicant(s) will be required to submit an application for Building Approval authorising the demolition of said structure(s).
10) PAYMENT RATES AND CHARGES - Payment of all rates, charges or expenses
which are in arrears or remain a charge over the land under the provisions of the Local Government Act 1993, the Sustainable Planning Act 2009 (in particular Section 815) or any other relevant Act. The payment of all rates, charges or expenses referenced herein are to be paid to Council at or before the time of the Applicant(s) making application for signing and sealing of the Final Plan(s) of Survey. Council will not sign and seal the Final Plan(s) of Survey whilst rates, charges or expenses against the subject property remain outstanding.
3. Approval Conditions (Referral Agency):
The Department of Transport and Main Roads – Referral and Concurrence Agency Response dated 26 July 2013. The Department of Environment and Heritage Protection - Referral and Concurrence Agency Response dated 6 August 2013.
4. That the Applicant be further advised of the following:
a) DEVELOPMENT APPROVAL CONDITIONS ATTACH TO LAND - Development Approvals which include conditions and any modifications attach to the land and are binding on the owner, the owner’s successors in title and any occupier of the land pursuant to Section 245 of the Sustainable Planning Act 2009.
b) VEGETATION MANAGEMENT ACT 1999 AND THE CULTURAL HERITAGE ACT 2003 -
This approval in no way restricts or inhibits the provisions of neither the Vegetation Management Act 1999 nor the Aboriginal Cultural Heritage Act 2003. The Applicant(s) will need to satisfy himself/herself/themselves that in undertaking the proposed development works that his/her/their actions will not contravene the provisions of the aforementioned Acts.
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c) WHEN DEVELOPMENT APPROVAL TAKES EFFECT - Pursuant to Sustainable
Planning Act 2009, this Development Approval takes effect:
(i) from the date the Decision Notice/Negotiated Decision Notice (as the case may be) is given to the Applicant, if there are no Submitters and the Applicant does not appeal the decision to the Court; or
(ii) from the end of the Submitter's appeal period if there is a Submitter and the Applicant does not appeal the decision to the Court; or
(iii) subject to the decision of the Court when the appeal is finally decided if an appeal is made to the Court by any party; as the case may be. Development may start when a Development Permit takes effect (subject to any conditions specifying commencement).
d) APPROVAL LAPSES AT COMPLETION OF RELEVANT PERIOD - This Development
Approval will lapse if the Reconfiguration of a Lot does not happen before the end of the relevant period. The relevant period is two (2) years from the date the approval takes effect. The relevant period may be extended at the discretion of Council under Section 341 of the Sustainable Planning Act 2009. Before the Development Approval lapses, a written request to extend the relevant period may be made to Council under Section 383 of the Sustainable Planning Act 2009. Please note that Council will not automatically remind Applicants/Occupiers when the relevant period is about to lapse.
5. Administrative Action:
That Decision Notices be issued in accordance with s.335 of the Sustainable Planning Act 2009 to the Applicant, submitter/s and referral agencies.
Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Stanfield Seconded: Cr West Carried Attachments 1. Locality Map. 2. Proposed Plan of Development. 3. Concurrence Agency Response Conditions - The Department of Transport and Main
Roads. 4. Concurrence Agency Response Conditions - The Department of Environment and
Heritage Protection.
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Attachment 2 - Proposed Plan of Development
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Attachment 3 - Concurrence Agency Response Conditions - The Department of Transport and Main Roads
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Attachment 4 - Concurrence Agency Response Conditions - The Department of Environment and Heritage Protection
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3.8 Endorsement of Bromelton Infrastructure Agreements [Closed s.275(1)(g)]
Executive Officer: Director Regional Services
File Reference: 19/03/004
Council resolved into closed session in accordance with the provisions of Section 275(1) of the Local Government Regulation 2012 and Council’s Meetings and Other Forums Policy relating to closed session meetings to discuss this and another closed item. Moved Cr Brent Seconded Cr O'Carroll CARRIED Following discussion in closed session of this item, Council resumed in open session for the proposal of Committee recommendations. Moved Cr West Seconded Cr O'Carroll CARRIED
Director's Recommendation
That:
1. Council resolve to endorse the following Infrastructure Agreements prepared for the Bromelton Regional Development Area, which outlines the key land holders obligations towards the infrastructure networks within the jurisdiction of Council:
Draft Bromelton Infrastructure Agreement - Scenic Rim Regional Council and Eureka 1 Project 9 Pty Ltd, Eureka 1 Project 19 Pty Ltd & Eureka 1 Project 20 Pty Ltd; and
Draft Bromelton Infrastructure Agreement – Scenic Rim Regional Council and Fast Track Bromelton Pty Ltd & Nakheel SPV Pty Ltd.
2. Council delegate to the Chief Executive Officer the authority to execute the separate Infrastructure Agreements (incorporating any necessary amendments that does not alter a landowners infrastructure obligations under the Agreements) prepared to be entered into with Eureka 1 Project 9 Pty Ltd, Eureka 1 Project 19 Pty Ltd & Eureka 1 Project 20 Pty Ltd, and Fast Track Bromelton Pty Ltd & Nakheel SPV Pty Ltd respectively.
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Committee Recommendation
That the Director Regional Services' recommendation be adopted. Moved: Cr Brent Seconded: Cr West Carried
Attachments
Nil.