request to change and extend an existing approval€¦ · request to change and extend an existing...
TRANSCRIPT
OUR REFERENCE: 4186/12 CONTACT NAME: Sarah Ronnfeldt TELEPHONE: 1300 242 686 FAX: 1300 242 687 EMAIL: [email protected]
24 February 2017 Alan and Laurel Stent-Smith C/- Murray and Associates (Qld) Pty Ltd PO Box 246 NAMBOUR QLD 4560 Attention: Blake Bell Dear Sir
Request to Change and Extend an Existing Approval Sustainable Planning Act 2009
I refer to your Request Change an Existing Approval received on 6 December 2016. On 24 February 2017 Council decided your requested changes. Details of the decision are as follows:
1. APPLICATION DETAILS
Application Number: 4186/12
Street Address: Capricorn Highway, Emerald
Real Property Description: Lot 1 on SP224248
Planning Scheme: Emerald Shire Planning Scheme (Amendment No 2) 2011
2. DECISION DETAILS
The following type of approval was originally issued:
Development Permit for Reconfiguring a Lot: 1 lot onto 46 lots
In relation to the request to make a change to the existing approval, Council decided to:
Amend Condition 2 - Approved Plan
3. RELEVANT PERIOD OF APPROVAL
This approval has a currency period of six (6) years. The relevant period for this development approval will expire on 22 May 2019.
4. INFRASTRUCTURE
Where conditions relate to the provision of infrastructure, these are non-trunk infrastructure conditions unless specifically nominated as a “necessary infrastructure condition” for provision of trunk infrastructure as defined under Chapter 8 of the Sustainable Planning Act 2009.
5. ASSESSMENT MANAGER CONDITIONS
1. PARAMETERS OF APPROVAL
The development of the premises is to comply with the provisions of the Council’s Planning Scheme and Local Laws to the extent that they are not varied by this approval. Timing: Prior to commencement of use and to be maintained at all times thereafter.
2. APPROVED PLAN (AMENDMENT 1 – 7 February 2017)
The development is to be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions of this Decision Notice:
Plan Title Job No. Rev. Date Prepared by
Proposed Subdivision of Lot 1 on SP224248 (Highlands Industrial Estate)
41088 C 10/09/10 Murray & Associates (Qld) Pty Ltd
This approval has a relevant period of four (4) six (6) years and will remain in force until 22 May 2017 22 May 2019. Should the development not be completed within this timeframe, this approval will lapse. Timing: Prior to release of survey plan. Advisory Note: The relevant period of this approval with is in accordance with Section 341 of the Sustainable Planning Act 2009.
3. SUBDIVISION STAGING
The development may be staged as follows:
Stage 1: Lots 1-4, 28-37 and drainage reserve
Stage 2: Lots 5-8 and 16-21
Stage 3: Lots 22-27 and 38-41
Stage 4: Lots 9-15 and 42-46 The development need not be completed sequentially in the stage order indicated above provided that any road access and infrastructure services required to service the particular stage are constructed with that stage. Timing: Prior to release of survey plan
4. PLAN CERTIFICATION
Certification must be provided from a Cadastral Surveyor that the lots have been created in accordance with the approved plan. Timing: Prior to release of survey plan.
5. RELEASE OF SURVEY PLANS
Council will not endorse or release the survey plan for this development until such time as:
All conditions attached to this approval have been fully satisfied;
Letter of compliance is received demonstrating the developments compliance with all conditions of this approval; and
All outstanding rates and charges relating to the site have been paid. Timing:
Prior to release of survey plan.
6. ROADWORKS – BONNIE DOON ROAD a) Bonnie Doon Road between Capricorn Highway and the access point into Lot 1 on SP224248
shall be constructed in accordance with the following: (i) A full depth gravel pavement 7.0m wide in accordance with the Council’s standards. The
above pavement shall be sealed with asphalt in accordance with the Council’s standards; (ii) Gravel Shoulders 1.5m wide shall be provided on both sides of the proposed construction.
Appropriate table drains and transverse drainage (as necessary in accordance with the Council’s standards). In this regard and prior to the commencement of the design for the works, the developers consulting engineer shall contact the Council’s Development Engineer to arrange an inspection of the proposed works for the purpose of confirming that the proposed design alignments and drainage will be appropriate;
(iii) All signage (including linemarking) and associated drainage works (including any applicable underground drainage) shall be provided; and
(iv) Safe access will be maintained onto the remainder of Bonnie Doon Road. Timing: At Operational Works Application Stage and Prior to sealing of the Survey Plan
7. ROADWORKS – NEW ROADS INTERNAL
New Roads Internal will be constructed in accordance with the following: (i) A 13m wide full depth gravel pavement ; (ii) The above pavement shall be sealed with asphalt in accordance with the Council’s
standards; (iii) 1.5m wide full depth gravel shoulders shall be provided on both sides of the carriageway.
Table drains with batters not steeper than 1 in 4 shall be provided. The road batters and table drains shall be fully turfed.
(iv) All associated drainage (longitudinal and transverse) shall be provided generally in accordance with the intent of the Council’s standards. In relation to the provision of longitudinal drainage – table drains shall be designed so that the edge of the formation (the shoulder point) is provided with a minimum freeboard of 100mm in a one in fifty year storm event. Appropriate longitudinal drainage shall be provided to ensure that (for stormwater flowing in the proposed roadside table drain) the depth x velocity product does not exceed the appropriate Council standard.
(v) All signage, (including linemarking and road edge guide posts) shall be provided.
8. ACCESS Access is to be provided to each proposed lot in accordance with Council Standards. Timing: Prior to release of survey plan.
9. STORMWATER DRAINAGE – DISCHARGE AND DISPOSAL All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing nuisance or annoyance to any person to the legal point of discharge. The site based stormwater management plan submitted as part of the Development Application is to be updated. It needs to reflect the changes in lot yield as well as road layout is to be completed and submitted as part of the Operational Works application. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG), the Queensland Urban Drainage Manual (QUDM) and Water Sensitive Urban Design (WSUD). Timing: At Operational Works Application Stage and prior to sealing of the survey plan
10. STORMWATER DRAINAGE – BLOCKS SELF-DRAINING Design and construct at no cost to Council, stormwater drainage works in accordance with the Capricorn Municipal Development Guidelines or Queensland Urban Drainage Manual to meet the following requirements: (a) Piped drainage designed to cater for a 5 year ARI storm event and unobstructed overland
flow paths to cater for a 100 year ARI storm event. (b) Grade all lots to ensure they are self-draining at a minimum grade in accordance with the
Council’s standards.
Timing: Prior to release of survey plan.
11. DRAINAGE RESERVE
A drainage reserve 20m wide or an alternative width which satisfies the Council’s standards to contain: (a) a depressed concrete base approximately 7 metre wide; (b) 1 in 6 batters; and (c) batter clearances to the property boundaries of approximately 1.5m must be transferred to
the Council at no cost to the Council along the common boundary of proposed lots 1, 2, 3 and 4.
Timing: Prior to release of survey plan.
12. CONSTRUCTION OF DRAINAGE RESERVE
The drainage reserve shall be constructed in accordance with the recommendations listed in the site based management plan (amended). Timing: At Operational Works Stage
13. SEWERAGE SUPPLY SYSTEM – ON SITE TREATMENT PLANT All sewerage generated from an approved use shall be treated onsite and any resultant effluent disposed of onsite. The system of onsite sewerage treatment and effluent disposal shall comply with AS1547: 2012 On-site Domestic Wastewater Management and the Queensland Plumbing and Wastewater Code 2011. The onsite sewerage treatment and effluent disposal treatment system shall be designed in compliance with a report by an Onsite Sewerage Evaluator. The onsite sewerage treatment plant and disposal system must be designed, installed and managed at each proposed allotment to reduce risk of impact to human health and the environment resulting from contact of floodwaters with domestic wastewater. An application must be approved by Council’s Plumbing Inspector for a Plumbing Compliance Permit with conditions for an Onsite Treatment Plant prior to construction and use of an onsite sewerage treatment and effluent disposal system.
Timing: At the Plumbing Approvals Application Stage.
14. WATER SUPPLY – ON SITE POTABLE SUPPLY
All proposed lots within this development must have a minimum portable water supply of 47,000 litres. This water supply should be provided by means of rainwater tanks or tanks. Timing: At Material Change of Use application stage
15. PROVISION OF UTILITIES Documentary evidence must be provided from relevant electrical and telecommunication service providers that satisfactory arrangements have been made for the installation of infrastructure services to the proposed allotments. Timing: Prior to release of survey plan.
16. 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 Council or otherwise, will be at the developer’s expense unless otherwise specified. Timing: Prior to release of survey plan.
17. DEVELOPMENT STANDARDS – FINISHED FLOOR LEVEL Minimum Habitable Finished Floor Levels are to be in accordance with the Building Act 1975. Timing: Prior to the commencement of use
18. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE
PERIOD 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/owner’s expense unless otherwise specified. The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the provisions of the Capricorn Municipal Development Guidelines. The applicant/owner shall be responsible for the maintenance of all works associated with the proposal for a period of 12 months after practical completion of the works. A bank guarantee, or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible shall be lodged prior to the signing and sealing of any survey plan over the proposed allotments. The maintenance period referred to in this condition shall be extended by Council in the event of: (a) major repairs having been carried out to the works during the maintenance period; (b) unsatisfactory operation of mechanical or electrical equipment during the maintenance
period; (c) the Plan of Survey not being registered at the conclusion of the maintenance period
(including any extended maintenance period); and/or (d) erosion or sediment control is not operating or maintained satisfactorily. Timing: Prior to the release of Survey Plan/s.
19. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS
Work shall not commence on the construction (or upgrading) of any proposed (or existing) road, park or other facility under (or proposed to be transferred to) the control, trusteeship or ownership of Council until: (a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity
reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval;
(b) Council’s written approval for (a) has been issued; and (c) Any appeal, lodged against Council’s decision to approve (with or without conditions) the
development application, has been decided or resolved.
Timing: Prior to the release of Survey Plan/s.
20. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – SUPERVISION OF WORKS
The construction of all works associated with the proposal shall be supervised by a registered engineer whose appointment shall require the approval of the Chief Executive Officer or delegate. On completion of the works the applicant/owner shall give to the Council a Certificate from the engineer stating that the work of constructing the operational works has been completed in accordance with the plans and specification approved by Council. Plans showing ‘as constructed’ details of the operational works shall be submitted to Council in electronic DWG or DXF format prior to the commencement of the use. ‘As constructed’ details will be provided in the approval for Operational Works associated with this development. Timing: Prior to the release of Survey Plan/s.
21. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION - HOURS OF OPERATION Limit the hours of operation for the construction of all works within the development to between 6:30 a.m. and 6:30 p.m. Monday to Saturday. Construction works are not permitted to be carried out on Sunday or public holidays. Timing: During construction of Operational Works associated with this development.
22. EROSION AND SEDIMENT CONTROL PLAN Effective erosion and sedimentation control must be provided at all times during the works period. Runoff from all areas where the natural surface is disturbed by construction must be free of pollutants and / or sediment before it is dispersed to stable areas, or directed to existing stormwater drains or natural watercourses. Erosion and stormwater control measures must be designed and constructed in accordance with the Soil Erosion and Sediment Control – Engineering Guidelines for Queensland Construction Sites 1996. Timing: At all times.
23. DAMAGE TO COUNCIL SERVICES AND ASSETS
Any damage caused to existing services and assets above or below the ground must be repaired: a) where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or b) where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and Assets must first be referred to the relevant service authority for approval.
Timing:
At all times.
24. INFRASTRUCTURE CHARGES A contribution of $90,000 must be paid in accordance with the Adopted Infrastructure Charges Resolution (No.6) 2012, to be paid in the following stages of development: The methodology is calculated as follows: AIC = AC – D where:
AIC is the adopted infrastructure charge that may be levied for development;
AC is the adopted charge for the trunk infrastructure networks to service the development stated in section Table 2B.
D is the discount for the trunk infrastructure networks servicing the premises stated in section 5.4 (Discounting).
Therefore: AC = Stormwater = 46 lots x $2,000 = $92,000 D = $2,000 (1 lot) AIC = $90,000
Please Note: The amount is subject to periodic change and is payable at the rate current at the time of payment. Timing:
Prior to the commencement of use.
** END OF CONDITIONS **
6. REFERRAL AGENCIES
Referral Agency and Address Referral Status Response
Department of Transport and Main Roads
Concurrence agency (original approval)
The Department provided their concurrence agency response on 20 March 2013. A copy of their response is attached, reference TMR13-005408
State Assessment Referral Agency Concurrence agency (extension approval)
The Department provided their advice response on 6 January 2017. A copy of their response is attached, reference SPD-1216-032716
7. APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan Title Job No. Rev. Date Prepared by
Proposed Subdivision of Lot 1 on SP224248 (Highlands Industrial Estate)
41088 C 10/09/10 Murray & Associates (Qld) Pty Ltd
8. ADVISORY NOTES
A. INFRASTRUCTURE CHARGES Infrastructure charges for this development have been levied in accordance with Central Highlands Regional Council Charges Resolution No. 6. Details are listed under Condition 24 and Charges Notice No 168 attached)
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Operational Works
Network Unit (lots) Charge Rate Adopted Charge
Stormwater 46 $2,000 $92,000
Discount -1 -$2,000 -$2,000
Total Calculated Charge $90,000
10. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
11. OTHER DETAILS
Decision Notice History
Application number
Details of change Date
4186/12 Original Decision Notice 22 May 2012
4186/12 Change and Extension to Relevant Period Decision Notice:
Amend Condition 2 24 February 2017
Should you require further information, please contact Council’s Development Assessment Unit on 1300 242 686.
Yours faithfully
Michaela Lehman Acting Manager Planning and Environment Enc: Approved Plans
Concurrence Agency Response Appeal Rights
Appeal Rights Sustainable Planning Act 2009
Sustainable Planning Regulation 2009
The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)
Division 8 Appeals to court relating to development applications and approvals 466 Appeals about decisions relating to permissible changes
(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval— (a) if the responsible entity for making the change is the assessment manager for the application— (i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request response notice about the request; (b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request. (2) The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376. (3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made. 467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice. (2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
ADOPTED INFRASTRUCTURE CHARGES NOTICE
(Section 648F of the Sustainable Planning Act 2009)
APPLICANT:
APPLICATION:
Alan and Laurel Stent-Smith
Reconfiguration of Lot (1 lot into 46 lots)
FILE REFERENCE:
REGISTER NO:
22 May 2013
4186/12
DATE:
168
AMOUNT OF THE CHARGE:
LAND TO WHICH CHARGE APPLIES:
SITE ADDRESS:
PAYABLE TO:
$ 90,000 (Stormwater Network)
Lot 1 on SP224248
Capricorn Highway, Emerald
Central Highlands Regional Council
WHEN PAYABLE (Section 64BH): Before the change occurs
This charge is made in accordance with Council’s Adopted Infrastructure Resolution (No.6) 2012.
Use Charae Reference No. of Lots Amount
Reconfiguration of $2,000 per lot Table 3.1(a) 46 $92,000Lot Special Industry Adopted Charge
Discount Discount Charae Reference No. of Lots Discount Amount
One Lot $2,000 Table 3.1(a) 1 $2,000
Adopted Charge
CHARGE $90,000
The applicant has not paid any monetary contributions towards this Infrastructure Charge and the above amount remains outstanding.
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-eQueensland Government
Our ref
Your ref
Enquiries
TMR13.005406
4186/12
Ray FordDepartment of
Transport and Main Roads
20 March 2013
The Chief Executive Officer
Central Highlands Regional Council
PO Box 21
Emerald QLD 4720
RECEIVED
25 MAR 2013
CENTRAL HIGHLANDS
REGIONAL COUNCIL
Doc.Scanned
Attention: Sarah Ronnfeldt
Dear Sir/Madam
Z 5 MAR 2013
CONCURRENCE AGENCY RESPONSE - CONDITIONS
InitiaL...........~.......... Proposed Development: Development Penmit for Reconfiguring of Lot (1 into 46) Real Property Description: Lot 1 on SP224248
fW. 1\.10. ~O 3 \ 61 Street Address: Bonniedoon Road & Capricorn Highway. Come v:.
.
~,. : ^ A . \ Assessment Manager ref.: 4186/12 j)at,".", ~Co.cJSto1ln Local Government Area: Central Highlands Regional Council J..oC(:Vj n~ :/tp Reference is made to the referral agency material for the development application described
above which was received by the Department of Transport and Main Roads (the
department) under section 272 of the Sustainable Planning Act 2009 (SPA) on 14 February 2013.
An assessment of the proposed development has been undertaken against the purposes of
the Transport Infrastructure Act 1994 for state-controlled roads. Based on this jurisdiction. the department provides this concurrence agency response under section 285 of the SPA.
The department advises the assessment manager that it requires conditions to attach to any development approval for the application. The department would also like to provide advice about the application to the assessment manager under section 287(6) of the
SPA as follows:.,
The traffic generated by the proposed development is likely to impact on the safety of
the rail level crossing on Bonniedoon Road near its intersection with the Capricorn
Highway.
Program Delfvery and Operations Fitzroy ReQlon 31 Knight St~et North Rockhampton Queensland 4701 PO Box 5096 Red Hill Rockhampton Queensland 4701
Telephone +61 749311686
Facsimile +61 749275020
WebsHa www.tmr.qld.gov.au Email [email protected] ABN: 29139 407 690
Murray & Associates (Qld) Pty Ltd’s Proposed Subdivision of Lot 1 on SP224248
(Highlands Industrial Estate) drawing number 41088/C, rev C dated 12/1212012.
c/c Alan & Laurel Stent-Smith
c/- Murray & Assoc QLD Pty Ltd PO Box 246
Nambour QLD 4560
Page 30t 3
Transport and
Main Roads
Proposed Development:
Real
Property Description:
Street Address:
Our ref.: Assessment
Manager ref.:
Local
Government Area:
Department of
Transport and
Main
Roads
Concurrence Agency
Conditions and
Statement of
Reasons
Development Permit for
Reconfiguring of
Lot (1
into 46)
Lot 1
on
SP224248 Bonniedoon. Road &
Capricorn Highway, Comet
TMR13-005406 4186/12 Central Highlands Regional Council
Development must be
carried out
generally in
accordance with the
following plan,
except as
modified by
these
concurrence agency
conditions:1
.
Murray &
Associates (Qld) Pty
Ltd’s
Proposed Subdivision of
Lot 1
on
SP224248 (Highlands
Industrial Estate) drawing
number 41
088/C, revision C
dated
12/12/2012.
Prior to
submitting the
Plan
of
Survey to
the
local
government for
approval for
any
Stage of
developmentThe
purposes of
the
Transport Infrastructure
Act
1994. The
Department of
Transport and
Main
Roads’
assessment of
the
development application was
undertaken on
the
basis of
the
cited plan
and/or
submitted reportls which
depict how the
proposed
development will be
carried out.
(a)
The
management of
stormwater (quantity
and
quality) post
development must
achieve a
no
worsening impact (on the
pre-development condition) calculated during an
Average
Recurrence Interval (ARI) 50 in
accordance with the
Department of
Transport and
Main
Roads’ Road
Drainage
Manual, and the
Queensland Urban
Drainage Manual. In
particular, stormwater
management for
the
development must
ensure no
worsening or
actionable nuisance to
the
state-controlled road
network caused by
peak
discharges,
2
(a) &
(b)
Prior to
submitting the
Plan
of
Survey to
the
local
government for
approval for
any
stage of
development and to
be
maintained at
all
times
The
purposes of
the
Transport Infrastructure
Act
1994. The
safety and
efficiency of
state-controlled roads
can be
adversely affected by
changes to
stormwater runoff as a
result of
development.
Connecting Queensland www.t.mr.qld.gov.au
Page 10f 8
~
Queensland ~
Government
Transport and
Main RO
ds
2
I
flood levels,
frequency/duration of
flooding, flow
velocities,
Cont’d
water quality,
sedimentation and
scour effects,
(b)
Any
excavation, filling,
paving,
landscaping, construction or
any
other works to
the
land must not:
(i)
create any new
discharge points for
stormwater
runoff onto the
state-controlled road;
(ii)
interfere with
and/or cause
damage to
the
existing
stormwater drainage on
the
state-controlled road;
(iii)
surcharge any
existing culvert or
drain on
the
state-controlled road; and
(iv)
reduce the
quality of
stormwater discharge onto the
state-controlled road,
(c)
The
applicant must
provide Registered
Professional Engineer
of
Queensland (RPEQ) certification to
the
Department of
Transport and
Main
Roads that the
development has
been
designed and
constructed in
accordance with
parts (a)
and (b)
of
this
condition.
(c)
Prior to
submitting the
Plan of
Survey to
the
local
government for
approval for
each stage of
developmentAdditional comments or
information:
Please refer to
the
Department of
Transport and
Main
Roads’ Road
Drainage Manual which can
be
accessed at http://www.tmr.qld.gov.au/BlIsiness-indllS!l.ylTechnic al-standards-publications.aspx.
Further guidance regarding
stormwater
management is
also
provided in
the
Queensland
Urban
Drainage Manual available at
www.derm.gld.gov.au and in
the
Environmental
Protection Act
1994 and
Environmental
Protection (Water) Policy 2009 which are
available at
www.legislatiol1.qld.gov.au
3
(a)
The
Capricorn Highway and
Bonniedoon Road
intersection
must be
upgraded to
a
full
Type CHR
painted channelized
intersection, and the
existing Type AUL(S) must be
retained.
The
intersection must be
designed and
constructed generally
in
accordance with
Hayes Traffic
Engineering’s drawing
number CT-201, revision B
and
dated
11/11/2012, and in
accordance with the
Department of
Transport and
Main
Roads’ Road
Planning and
Design Manual
including the
Interim Guide to
Road Planning and
Design Practice.
(a)
Prior to
submitting the
Plan of
Survey to
the
local
government for
approval for
Stage 1
or
any
other first
Stage of
development if
Stage 1
is
not the first
The
purposes of
the
Transport Infrastructure
Act
1994 (TIA).
Based on
the
Department of
Transport and
Main
Roads’ (the
department’s) assessment ofthe
existing intersection
geometry and
confirmation
that both
Capricorn Highway and
Booniedoon
Road are
approved Type 1
Road Train routes,
the
Capricorn Highway and
Booniedoon Road
Connecting Queensland
www.tmr.qld.gov.au
Page 2
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8
~
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Government
Transport and
r\1ain Roads
3 Cont’d
(b)
The
existing Type
AUL(S) at
Capricorn Highway and
Bonniedoon Road
intersection must be
upgraded to
a
full
Type AUL
painted
channelized intersection. The
intersection
.
must be
designed and
constructed in
accordance with the
Department of
Transport and
Main
Roads’ Road
Planning and
Design Manual
including the
Interim Guide to
Road
Planning
and
Design Practice.
The
applicant must
provide a
Registered Professional
Engineer of
Queensland (RPEQ) certification that the
Type
CHR is
adequate for the
additional Stage 3
(or the
stage for
the
25th lot)
development traffic
right-tum movement.
(c)
The
Capricom Highway and
Bonniedoon Road
intersection
must be
upgraded to
a
Seagull Type raised
channelized
intersection, including lighting
(required for
raised
medians).
The
intersection must be
designed and
constructed in
accordance with the
Department of
Transport and
Main
Roads’ Road
Planning and
Design Manual
including the
Interim Guide to
Road
Planning and
Design Practice.
(d)
The
intersection must be
provided by
the
applicant at
no
cost
to
the
Department of
Transport and
Main
Roads.
(b)
Prior to
submitting the
Plan of
Survey to
the
local
government for
approval for
Stage 3
or
for
the
25th lot
of
development (whichever is
earlier). (c)
Prior to
submitting the
Plan of
Survey to
the
local
government for
approval for
Stage 4
or
for the 35th lot
of
development (whichever is
earlier). (d) -
(h)
Prior to
submitting
the
Plan of
Survey to
the
local
government for
any
stage of
development
,~;~,
intersection does not
meet the
current
requirements for a
CHR(S).
The
department’s assessment of
;’Stage 1
(with
development) turn
warrants" shows that a
full
CHR is
required in
the
opening year
(based on
2014). The
intersection upgrades are
required as a
result of
the
development and its
associated
traffic impacts to
ensure the
safety and
efficiency
of
the
state-controlled road
network.
Generally in
accordance with
Hayes Traffic
Engineering’s Traffic
Engineering Report dated
May 2012 and
Traffic
Engineering Advice dated
14
September 2012.
Connecting Queensland www.tmr.qld.gov.au
Page 301 8
Queensland Government
Transport and
Main RDads
(f)
The
design vehicle
length for
any
detailed design shall be
the
relevant
Multi-combination vehicle
approved for
this
route
(area) at
the
time.
Currently Type 1
Road Trains are
approved
for all
legs of
the
intersection.
Where services within the
state-controlled road
reserve will be
impacted by
the
development, the
applicant will
need to
contact the
relevant service
provider. The
intersection must
accommodate the
maximum permitted type of
vehicle using the
route
3
I
(e)
All
adjustments and/or
relocations to
existing services
within
Conl’d
the
state-controlled road as a
result of
the
development are at
the
applicant’s expense.
(g)
The
design must
consider the
need for
additional
stackinglstorage space required in
the
side road and the
spill
of
stacked vehicles onto the
through road when the rail
crossing boom gates close
Bonniedoon Road to
traffic. The
design auxiliary turn lane
lengths must be
upstream of
this
stacking/storage requirements.
Clear
directional signage will
reduce driver
confusion, and will
reduce the
frequency of
illegal
or
dangerous manoeuvres of
vehicles.
In
accordance with the
Department of
Transport
and
Main
Roads’ Manual of
Uniform Traffio
Control Devioes
(MUTCD) and
Traffio &
Road
Use
Management Manual
(TRUMM
(h)
The
applicant must
provide all
road
signage (including
Open
Level Rail
Crossing warning
signage) in
accordance with the
relevant parts of
the
Department of
Transport and
Main
Roads’ Manual of
Uniform Traffic Control Devioes
(MUTCD)
and
Traffio &
Road Use
Management Manual
(TRUMM).
(i)
Details of
the
intersection works and
associated works are to
be
provided as
part of
the
Works in
State-Controlled Road
Reserves plans for the
department’s acceptance. Each stage
of
the
intersection is
to
be
constructed and
accepted by
the
Department of
Transport and
Main
Roads.
(i)
Prior to
the commencement of
construction of
the
intersection works and
associated works in
the
State-controlled road
reserve. Page 4
of
8
.oueenSland Government
Connecting Queensland.
www;tmr.qld.gov.au
Transport and
Main RDacs
4
(a)
The
applicant must
provide to
the
department detailed
engineering plans and
specifications certified by a
Registered
Professional Engineer of
Queensland (RPEQ) for the
intersection
upgrading works
detailed in
Condition 3.
The
detailed engineering
plans and
specifications must be
in
accordance with the
following:
(i)
Department of
Transport and
Main
Roads’ Road
Planning
and
Design Manual
including the
Interim Guide to
Road
Planning and
Design Practice;
(ii)
Manual of
Uniform Traffio Control Devioes
(MUTCD) and
Traffic &
Road Use
Management Manual
(TRUMM);
(iii)
Australian Standard 1158
-
Lighting for
Roads and
Public
Spaces; (iv)
Department of
Transport and
Main
Roads local
standard
conditions for
preparation of
engineering plans -
RFCD-0101 (Rev
12/08)
(b)
The
development must be
in
accordance with the
detailed
engineering plans and
specifications in
part (a)
ofthis
condition.(c)
The
applicant must
provide RPEQ
certification to
the
Department of
Transport and
Main
Roads that the
development works in
the
state-controlled road
reserve has
been
designed and
oonstructed in
accordance with
parts (a)
and (b)
of
this
condition.
(a) &
(b)
Prior to
obtaining
development approval for
operational works for
each
stage of
the
development(c)
Prior to
submitting the
Plan of
Survey to
the
local
government for
approval for
any
stage of
development.The
purposes of
the
Transport Infrastructure
Act
1994. The
Department of
Transport and
Main
Roads
must ensure that the
safety and
efficiency of
state-controlled road
network is
not
impacted by
the
development.In
accordance with
Section 33
of
the
TIA, a
person must
have written
approval to
carry out
road works on a
state-controlled road.
These
development conditions do
not
constitute an
approval to
carry out
such works under
Section
33
of
the
TIA.
The
person who
commissions the
works will
need
to
contact the
Department of
Transport and
Main
Roads
Rockhampton office on
4931
1559 to
make an
application for
approval under
Section
33
of
the TIA to
carry out any
road works on a
state-controlled road.
The
Department of
Transport and
Main
Roads’
technical standards and
publications can be
accessed at http://www.tmr.gld.gov.au/Business-industrylTechnic a1-standards-publications.aspx
Connecting Queensland www;tm.r.qld.gov.au
Page 5
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~
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Government
Transport and
MalnK’x.:ds
5
The
hours of
operation for the
proposed development
must be
I
At
all
times
restricted to
daylight hours.
The
purposes of
the
Transport Infrastructure Act
1994 (TIA).
6
No
dust/debris from the
subject site
must enter the
Capricom
I
At
all
times
Highway at
all
times
including during the
construction phase of
the
development.
The
purposes of
the
Transport Infrastructure Act
1994. Dust and
debris from
development on
the site can
affect the
state-controlled road,
causing a
safety
hazard to
road
users.
7
The
approval lapses if
a
plan for the
reconfiguration is
not
given to
the
local
government within
four (4)
years from the day
the
approval takes effect unless the
assessment manager
prescribes a
shorter period under
sections 341
(2)(a) or
341 (2)( c)
of
the
Sustainable Planning Act
2009 in
its
conditions of
approval.
The
Department of
Transport and
Main
Roads
has the
concurrence agency powers under the
Sustainable Planning Act
2009.
The
Department of
Transport and
Main
Roads
needs to
be
assured that the
development is
carried out
within a
reasonable timeframe that is
consistent with the
legislated timeframe.
Chris Hewitt
Manager (Corridor
Management &
Operations)
Page 6
of
8
~
Oueensland ~
Government
Connecting Queensland
www.tmr.qld.gov.au
"I:I~ CQ.I -!e cE
~ O\!J
"
’"
’5 ...
~ Il.
C’) ~
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.....
I=’ -="! CII>
CII~ -
!ID- eS" tis CII .
~i
Under section 33
of
the
Transport Infrastructure Act
1994, written
approval is
required from the
Department of
Transport and
Main
Roads
to
carry out
road
works, including
road
access works, on a
state-controlled road.
Please contact the
Department of
Transport and
Main
Roads on
4931
1559 to
make an
application for
road works
approval. This
approval must be
obtained prior to
commencing any
works on
the
state-controlled road
reserve. The
approval process may
require the
approval of
engineering designs of
the
proposed works,
certified
by a
Registered Professional Engineer of
Queensland (RPEQ).
An
application for a
Road
Corridor Permit is
required for
any
ancillary works and
encroachments on
the
state-controlled road
under
section 50(2) and
Schedule 6
of
the
Transport Infrastructure Act
1994 and
Part 5
and
Schedule 1
of
the
Transport Infrastructure
(State-Controlled Roads)
Regulation 2006.
Please contact the
Department of
Transport and
Main
Roads on
4931
1522 to
make an
application for a
Road
Corridor Permit. Ancillary works and
encroachments include but are not
limited to
advertising signs or
other
advertising devices, paths or
bikeways,
buildingslshelters, vegetation
clearing, landscaping
and
planting.
Pursuant to
Section 580 of
the
Sustainable Planning Act 2009 it
is
a
development offence to
contravene a
development approval,
including any
condition in
the
approval.
Pursuant to
Section 80
of
the
Transport Infrastructure
Act
1994, the
construction, augmentation,
alteration or
maintenance of a
public
utility plant on a
state-controlled road
reserve, must be in
accordance with the
Department of
Transport and
Main
Roads’
requirements.
Pursuant to
section 255 of
the
Transport Infrastructure
Act
1994, the
railway manager’s written
approval is
required to
carry out
works in
or
on a
railway corridor or
otherwise interfere
with the
railway or
its
operations. Page 8
of
8
~ Queensland tBf
Government
Connecttns Queensland www.tmr.qld.gov.au
INFORMATION ATTACHMENT TO CONCURRENCE AGENCY RESPONSE
Representations on Referral Agency Response
If the applicant intends to make a representation to the Department of Transport and Main
Roads (the department) regarding the attached concurrence agency response, the applicant
needs to do this before the assessment manager decides the application.
The applicant will need to give the assessment manager written notice under section 320(1)
ofthe Sustainable Planning Act 2009 (SPA) to stop the decision-making period to make a
representation to the department and subsequently contact the department to make the
representation. The decision making period cannot be stopped for more than 3 months.
Planning and Environment Court Appeals
If an appeal is lodged in the Planning and Environment Court in relation to this application,
the appellant must give written notice of the appeal to the department under section 482(1)
of the SPA. This notice should be given to:
Chief Executive Officer
Department of Transport and Main Roads
C/- Planning Law Team
Planning Management Branch
GPO Box 213
Brisbane QLD 4001
This notice should be given within 2 business days if the appeal is started by a submitter, or
otherwise within 10 business days after the appeal is started.
Our reference: SPD-1216-032716Council reference: 4186/12
6 January 2017
The Chief Executive OfficerAttn: Sarah RonnfelldtPO Box 21Emerald QLD 4720
Dear Ms Ronnfeldt,
Notice about request for permissible change—relevant entityLot 1 on SP224248 - Capricorn Highway, Comet, QLD(Given under section 373(1) of the Sustainable Planning Act 2009)
The Department of Infrastructure, Local Government and Planning received a copy of the request for a permissible change under section 372(1) of the Sustainable Planning Act 2009 on 6 January 2017 advising the department, as a relevant entity, of the request for a permissible change made to the responsible entity under section 369 of the Sustainable Planning Act 2009.
The department understands that the proposed changes are as follows: Changes to condition 2 of Council's decision notice to reflect extension of relevant
period of the development permit.
The department has considered the proposed changes to the development approval and advises that it has no objection to the change being made.
If you require any further information, please contact Vickie Wood, Senior Planning Officer, on 07 4898 6825, or via email [email protected] who will be able to assist.
Yours sincerely
Carl PorterA/Manager (Planning)Fitzroy & Centralcc: Alan & Laurel Stent-Smith C/- Murray and Associates