somerset...committee. for more details, see spa, chapter 7, part 2. attachment 2 is an extract from...

22
Somerset REGIONAL COUNCIL Officer: Julie Bertsos Telephone: (07) 5424 4000 Our Reference: 10417 15* June 2011 Campbell Scott Projecting Marketing Cl- Plan Tech Town Planners Contact Person: Larry Kumskov PO Box 228 Esk, QLD 4312 Decision Notice Approval Sustainable Planning Act 2009 I acknowledge receipt of the above application on 28* June 2010 and confirm the following details: RE: Development application for Reconfiguring a Lot for a Staged (stages 1 to 3A) Reconfiguration of one (1) Iot into 115 lots + new road + park + drainage reserve + balance area situated at 35 Graham Road, Fernvale on land described as Part of Lot 3 SP199673. Dear Sir/Madam, I wish to advise that, on Wednesday 8* June 2011, the above development application was approved in full with conditions. The conditions of this approval are set out in Attachment 1. Approval under s331 This application has not been deemed to be approved under section 331 of the Sustainable Planning Act 2009 (SPA). 1. Details of the approval The following approvals are given: Sustainable Development Preliminary Planning Permit Approval Regulation 2009, schedule 3 reference Reconfiguring a lot for a Staged Reconfiguration of one Part 1, table 3 Yes - (1) lot into 115 lots + new road + park + drainage item 1 reserve + balance area ABN 501 389 582 49 Council Chambers -2 Redbank Street, Esk QLD 4312 Address all correspondence to - Chief Executive Officer, Somerset Regional Council, PO Box 117, Esk QLD 4312 P 07 5424 4000 F 07 5424 4099 E [email protected] W www.somerset.qld.gov.au

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Page 1: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

SomersetREGIONAL COUNCIL

Officer: Julie Bertsos

Telephone: (07) 5424 4000

Our Reference: 10417

15* June 2011

Campbell Scott ProjectingMarketing

Cl- Plan Tech Town Planners

Contact Person: Larry Kumskov

PO Box 228

Esk, QLD 4312

Decision Notice ApprovalSustainable Planning Act 2009

I acknowledge receipt of the above application on 28* June 2010 and confirm the following details:

RE: Development application for Reconfiguring a Lot for a Staged (stages 1 to 3A) Reconfiguration

of one (1) Iot into 115 lots + new road + park + drainage reserve + balance area situated at 35Graham Road, Fernvale on land described as Part of Lot 3 SP199673.

Dear Sir/Madam,

I wish to advise that, on Wednesday 8* June 2011, the above development application was approvedin full with conditions. The conditions of this approval are set out in Attachment 1.

Approval under s331This application has not been deemed to be approved under section 331 of the Sustainable Planning Act2009 (SPA).

1. Details of the approvalThe following approvals are given:

Sustainable Development PreliminaryPlanning Permit ApprovalRegulation2009, schedule3 reference

Reconfiguring a lot for a Staged Reconfiguration of one Part 1, table 3 Yes -

(1) lot into 115 lots + new road + park + drainage item 1reserve + balance area

ABN 501 389 582 49Council Chambers -2 Redbank Street, Esk QLD 4312

Address all correspondence to - Chief Executive Officer, Somerset Regional Council, PO Box 117, Esk QLD4312P 07 5424 4000 F 07 5424 4099 E [email protected] W www.somerset.qld.gov.au

Page 2: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

2. Details of any compliance assessment required for documents or work in relation to the

development

Compliance assessment is required under chapter 6, part 10 of SPA for the following documents or

works in relation to the development

Documents or works Matters or things Compliance assessor When the request for

requiring compliance against which the compliance

assessment document or work assessment must be

must be assessed made

Plan of Subdivision Schedules of Approval Somerset Regional Once all Conditions are

Proposal referenced Council Fulfilled

09148-4 dated 8/6/2010

prepared by Simpson

Rayner Surveys

Department of DTMR Conditions of Somerset Regional Once all Conditions are

Transport & Main Development Council Fulfilled

Roads Concurrence

Agency Response

Somerset Regional Schedules of Approval Somerset Regional Once all Conditions are

Council's Infrastructure Council Fulfilled

Charges Notice

3. Submissions

There were (3) properly made submissions about the application.

The name and address of the principal submitter for each properly made submission are as follows:

Name of principal submitter Address

1. Fernvale Downs Pty Ltd C/- LandPamters PO Box 3916, South Brisbane BC QLD 4101

2. P & G Donohue 4 Graham Street, Fernvale QLD 4306

3. Rhonda McCulkin 85 McCulkins Lane, Fernvale QLD 4306

Page 3: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

5. Referral agencies

The referral agencies for this application are:

For an application involving Name of referral agency Advice agency Addressor

concurrence

agency

Land Relating to a State Department of Transport & Concunence PO Box 1600Controlled Road Main Roads Sunshine Plaza Post Shop

Maroochydore, QLD 4558

6. Approved plans

The approved plans and/or documents for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

Referenced 09148-4 Plan of Subdivision Proposal prepared by 8/6/2010Simpson Rayner Surveys for 35 Graham Road,Fernvale - part of Lot 3 SP199673 stages 1-3

Referenced NCR-8772 Department of Transport and Main Roads 20/12/2010NCoast-1 - concurrence agency response830/80/1097.0B f10dar10_184

No: 10 for DA10417 Somerset Regional Council Infrastructure ChargesNotice for 35 Graham Road, Fernvale

- Civil Engineering Report Revision B prepared by June 2010Opus International Consultants (Australia)Pty Ltd

Project No. PO709 Version Traffic Impact Assessment Report for Campbell 18/11/2010No: 003 Scott Group prepared by Bitzios Consulting for 35

Graham Road, Fernvale

4. When approval lapses if development not started (s.341)

? Reconfiguring a lot requiring operational works --4 years

5. Appeal rights

Appeals by applicants

An applicant for a development application may appeal to the Planning and Environment Court againstthe following:

? the refusal, or refusal in part of the development application

? any condition of a development approval, another matter stated in a development approval and theidentification or inclusion of a code under section 242 of SPA

· the decision to give a preliminary approval when a development permit was applied for

? the length of a period mentioned in section 341

Page 4: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

? a deemed refusal of the development application.

The timeframes for starting an appeal in the Planning and Environment Court are set out in section

461(2) of SPA.

Applicants may also have a right to appeal to the Building and Development Dispute ResolutionCommittee. For more details, see SPA, chapter 7, part 2.

Appeals by submitters

A submitter for a development application may appeal to the Planning and Environment Court against:

? the part of the approval relating to the assessment manager's decision about any part of the

application requiring impact assessment

? the part of the approval relating to the assessment manager's decision under section 327.

Details about submitter appeal rights for the Planning and Environment Court are set out in sections462, 463 and 464 of SPA.

Submitters may also have a right to appeal to the Building and Development Dispute Resolution

Committee. For more details, see SPA, chapter 7, part 2.

Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of

any submitters regarding this decision.

If you wish to discuss this matter further, please contact me on the above telephone number.

Yours si ly

obert inChief Ex utive fficer

cc: P ipa submi ers

Attachment 1 o ditions of the approval

Attachment 2-SPA extract on appeal rights

Attachment 3 - Department of Transport & Main Roads Concurrence Agency Response &Conditions of Approval

Attachment 4 - SRC Infrastructure Charges Notice

Page 5: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Attachment 1-Conditions of the approval

Decision: Moved - Cr Pearce Seconded - Cr Kammholz

"That Council approve the [Tevelopment Application for a Reconfiguration ofa Lot for a Development Permit for a Staged Reconfiguration of one (1) Iot

into 115 lots + new road + park + drainage caserve + balance area (Stages1 to 3A) on land described as part of Lot 3 on SP199673 and situated at 35Graham Road, Fernvale subject to the requirements and conditionscontained in the Schedules and Attachments.

SCHE 3ULE 1 - GENERAL CONDITIONSNo Condition Timing1.1 Carry out the development in accordance with the material At all times

contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval.

? Plan of Subdivision Proposal referenced 09148-4dated 8/6/2010 prepared by Simpson RaynerSurveys for 35 Graham Road, Fernvale - part of Lot3 on SP199673 Stages 1-3;

? Department of Transport & Main Roads concurrence

agency response dated 20 December 2010

referenced NCR-8772 NCoast-1 - 830/80/1097.0Bf10 dar10_184;

? Somerset Regional Council Infrastructure ChargesNotice No: 10 for DA10417.

? Civil Engineering Report Revision B June 2010 for35 Graham Road, Fernvale, prepared by OpusInternational Consultants (Australia)Pty Ltd;

? Traffic Impact Assessment Report for CampbellScott Group Project No: PO709 Version No: 003dated 18* November 2010, prepared by BitziosConsulting for 35 Graham Road, Fernvale.

1.2 Comply with relevant provisions of the Former Esk Shire At all timesPlanning Scheme 2005 (as amended 17.10.2008); PlanningScheme Policies and Local Laws.

1.3 A legible copy of this development approval package is to be At all times

available on the premises at all times during construction.

1.4 Pay to Council any outstanding charges or expenses levied by Prior to ComplianceCouncil over the subjectland. Assessment Request

1.5 Meet the cost of all works carried out to infrastructure, services Prior to Compliance

and public utilities, including any alterations resulting from Assessment Request

compliance with these conditions whether carried out byCouncil, or otherwise.

1.6 Repair any damage to Council infrastructure that occurs during Prior to Compliance

any works carried out in association with the approved Assessment Request

development.

1.7 Obtain Council approval for the demolition or removal of any Prior to

Page 6: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

existing buildings on site necessary for the approved commencement of use

development to proceed.

SCHEDULE 2 - Engineering

Assessment ManagerNo Condition Timing2.1 Make an operational works application to Council and pay the Prior to the

required fees where an application involves any of the commencement offollowing, bulk earthworks, road works, water supply, sewerage Operational Work

connections and stormwater drainage.

2.2 Bear the cost of any alterations necessary to public utilities Prior to Compliance

resulting from compliance with the conditions of this approval. Assessment request

2.3 Submit a list of road names for all new roads, along with the Within six weeks of this

reasons for selecting such names, for the road names to be DA approval becoming

considered and approved by Council. effective.

The proponent is responsible for the cost of road signs andinstallation. Street nameplates are to comply with Council's

standards; please contact Council's Technical Officer A

Bickerton regarding this standard.

Recreation Contribution in Lieu

2.4 Pay to Council at the rate applicable at time of payment, a Prior to Compliance

monetary contribution towards the provision of recreational Assessment request

space and facilities within the Region in accordance with the

Council's Planning Scheme Policy No. 7, Provision of Park.

Park contribution has been calculated as 108.6 lots x $3,804 in

accordance with Somerset Regional Council fees and chargesat the time of survey plan sealing.

Please note that a credit of 6.4 x $3,804 has been provided forin recognition of the land contribution.

Electricity/Telecommunications2.5 Submit development applications to Energex and Telstra's Prior to Compliance

Smart Community to either obtain design layout plans or Assessment request

certification letters to Council that any existing infrastructure or

wayleave's are to their satisfaction and that they can provideservices when required at the cost of a normal house

connection.

2.6 Pay to Council at the rate applicable at time of payment, a Prior to Compliance

monetary contribution towards the provision of stormwater Assessment requestinfrastructure at the rate of $2,000 per lot.

The current contribution has been calculated at 115 lots x

$2,000 = $230,000.

SCHEDULE 3 - OPERATIONAL WORKSAssesament ManagerNo Condition Timing

General3.1 A certificate shall be issued by a RPEQ certifying that the work Upon completion of the

Page 7: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

has been constructed in accordance with Council construction Operational works

standards and in compliance with the construction plans and

specifications. All works shall be supervised by a RPEQ

competent in the construction of the works.

Council may request evidence of the principal contractor's

competency. It is expected that the RPEQ will undertake allthe necessary inspections to validate the certification.

Roads / Kerb & Channel I Footpaths3.2 Road reserve and carriageway widths to be in accordance with Prior to Compliance

the Esk Planning Scheme Policy Development Manual (July Assessment request

2010).

Council notes that the road hierarchy as mentioned in theBitzios Traffic Impact Assessment Report is not in accordancewith the Council's Fernvale Road Hierarchy (November2010).

3.3 Applicant is required to widen out Graham Road to the ultimate Prior to Compliance

design carriageway width of 10m including kerb and channel, Assessment requestfootpath, and verge for the full frontage of the development.The balance of Graham Road from the eastern end of thedevelopment to Fairneyview - Fernvale Road shall be designedfor the ultimate carriageway width of 10m including kerb and

channel, footpath, and verge, however, applicant is only

required to construct 7m wide asphalt pavement on an 9m wideformation with table drains.

3.4 Applicant is required to design Fairneyview - Fernvale Road Prior to Compliancefrom Graham Road north to the existing asphalt pavement Assessment requestturnout at Bolingbroke Street East for an ultimate design

carriageway width of 12m including kerb and channel, footpath,

and verge. Applicant is only required to construct 7m wide

asphalt pavement on a 9m wide formation with table drains.

3.5 Applicant is required to pay a monetary contribution to Council Prior to Compliance

towards constructing Fairneyview - Fernvale Road from Assessment requestGraham Road to McCulkins Lane based on the attributabletraffic from this development of 1.57% in accordance with theBitzios Traffic Impact Assessment Report dated November2010.

The contribution will be based on the standard of road

applicable and construction cost at the time of construction.

3.5(a) Applicant is required to construct a roundabout in accordance Prior to Compliance

with Austroads Guide to Road Design Part:4B Roundabouts. Assessment requestFurther, the accesses to lots 8 and 62 shall be from the

southern boundary of both lots from Road 1 as shown on

Simpson Rayner Surveys layout drawing 09148A0/2C. Council

notes that Lots 8 and 62 may need to be truncated to allow for

the geometric design of the roundabout.

Stormwater Management3.6 Implement stormwater drainage in accordance with Council's Prior to Compliance

Planning Scheme policy No 6 - Standards for Treatment of Assessment requestStormwater Drainage.

Page 8: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Please note that the applicant is required to attenuate the

difference between pre and post developed flows for the

standard storm burst patterns as described in Australian

Rainfall and Runoff (2003) for all standard average recurrence

intervals.

3.7 Where stormwater cannot be discharged to the kerb and Prior to Compliance

channel, provide inter-allotment drainage in accordance with Assessment requestQUDM and Esk planning Scheme Policy Development Manual

(July 2007)

3.8 Provide certification from a qualified Stormwater engineer / Prior to Compliance

scientist that the Stormwater Management Treatment Plan in Assessment request

the approved SBSMP and associated design drawings has

been installed onsite and is functioning as designed.

3.9 Fill, compact and grade all low lying land being subdivided to Prior to Compliance

ensure each allotment is drained adequately by gravitation to Assessment requestthe drainage system within the proposed development.

Street Lighting3.10 The Developer will supply underground power so that it is Prior to Compliance

available to each allotment and design and install street lighting Assessment requestin accordance with AS1158 Lighting for Roads and Public

Spaces and the Esk Planning Scheme Policy Development

Manual (July 2007).

Applicant to obtain certification of street lighting installation by a

RPEQ.

Sewerage3.11 The applicant is to provide an agreed Sewer Plan to service the As part of the

development, to the satisfaction of the Central SEQ Distribution lodgement of the

- Retailer Authority (QUU). Operational Works

application

3.12 Applicant to provide a sewer house connection branch to each Prior to Compliance

allotment designated and constructed in accordance with the Assessment requestSewerage Code of Australia, WSA 02-2002.

3.13 The applicant is to submit and have approved a sewerage Prior to the sulbmission

reticulation analysis prior to lodging an Operational Works of Operational Works

application for the proposed development. The report should Plans

include:I. An assessment of any new works required internally for

the proposed development, including an appreciation ofthe infrastructure needs of nearby existing or future

developments.II. Details on staging of sewer works to adequately protect

the infrastructure, ensuring it is constructed in the

correct location and depth, and to address septicityconcerns.

The developer is to undertake all works (internal and external)as detailed in the approved sewer reticulation analysis to the

Page 9: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

satisfaction of the Central SEQ Distribution - Retailer Authority

(QUU) and Somerset Regional Council unless otherwise

approved in writing.

3.14 Works within property under separate private ownership Prior to the submission

require the consent of the relevant property owner. The of Operational Works

applicant is requested to obtain and forward to council the Plans

written consent of the property owner of land under separate

private ownership through which sewerage infrastructure is

proposed to be constructed to connect to existinginfrastructure. The developer should clearly identify on the

development plan the location of the proposed sewer

reticulation extension and connection point to the existingsewer reticulation system.

Water Supply3.15 The applicant is to provide an agreed Water Reticulation Plan As part of the

to service the development to the satisfaction of the Central lodgement of the

SEQ Distribution - Retailer Authority (QUU). Operational Works

application

3.16 Submit Operational Works plans together with any necessary Within timeframes

valves and fire hydrants, in accordance with the Water Supply specified by the

Code of Australia WSAA Code WSA-03. Sustainable PlanningAct

3.17 Submit with the relevant forms an application to the Central Prior to Compliance

SEQ Distribution - Retailer Authority (QUU) for a connection to Assessment requestthe existing water main/s.

All work on live water mains is to be carried out by the Central

SEQ Distribution - Retailer Authority (QUU) at the applicant's

cost.

Broadband Infrastructure-Reconfiguring a Lot

3.18 Install appropriate telecommunications conduits and pits as Prior to Compliance

necessary to each proposed lot to enable the provision of fibre Assessment request

optic cable to the premises in the future.

DERM issues

3.19 The contractor shall implement all relevant sediment and While carrying out

erosion control measures and temporary fencing as identified Operational Works

on the approved engineering drawings for this development.

AII sediment control devices and sediment collection points

shall be regularly monitored, sediment removed as necessary

and devices maintained responsibly during construction and

maintenance period of the development works.

Restoration Work at Developers Expense3.20 Should Council determine that erosion or sediment damage Prior to Compliance

has occurred on the site, or that a downstream drainage Assessment request

system has become silted, the developer will be responsible for

the restoration work.

Should the developer fail to complete the works determined by

Council within the specified time, the Council will complete the

work and recover all costs from the developer associated with

Page 10: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

the work.

SCHEDULE 4 - REFERRAL AGENCY

DEPARTMENT OF TRANSPORT & MAIN ROADS (DTMR)Concurrence Agency Status

Agency response: Recommended Conditions Apply

4.1 The Department of Transport and Main Roads is a concurrence agency under the

Sustainable Planning Regulation 2009 (SPR) for the purposes of the Transport

Infrastructure Act 1994. The Department has assessed the impact of the proposed

development on the State Controlled Road Network and requires Council to include the

conditions of development in the Schedules of Approval as indicated on the attached

Statement of Reasons.

File: Department of Transport & Main Roads concurrence agency response dated 20

December 2010 referenced NCR-8772 NCoast-1 - 830/80/1097.0B f10 dar10_184

4.2 The Department of Transport & Main Roads referral agency response (conditions and

statement of reasons)will be attached to Council's Decision Notice for DA10417.

SCHEDULE 4 - Central SEQ Distribution - Retailer Authority (QUU)INFRASTRUCTURE CHARGES NOTICE NO: 10

This infrastructure Charges Notice is issued by Somerset Regional Council under delegation from

the Central SEQ Distribution - Retailer Authority (QUU) and relates to charges from the purpose

of water and wastewater network owned by the Central SEQ Distribution - Retailer Authority

(QUU).

Somerset Regional Council has imposed the following Infrastructure Chargels as a condition of

development approval for DA10417 for a 1 into 115 lot residential subdivision (plus balance land,

drainage reserve and park) of land described as Lot 3 on SP199673 and situated at 35 Graham

Road, Fernvale.

DETAILS:Amount: $826,045Subject Land: Lot 3 on SP199673

35 Graham Road Fernvale 4306

Relevant Trunk Infrastructure Network: Fernvale Water Supply & Sewerage Schemes

Payable to: CEO - Central SEQ Distribution - Retailer Authority (QUU)Relevant Units of Demand: Water: 116 Sewerage: 115

Unit Charge Rate Stated - Infrastructure Charges Schedule 2010-11: Water: $3,390 Sewerage:

$3,793Number of units of demand for which a credit has been given: Water: 1 Sewerage: 0

Infrastructure Charges Notice No: 10 will be attached to Council's Decision Notice for

DA10417.

AdviceThis approval has effect in accordance with the provisions of Division 5 Section 339 of the

Sustainable Planning Act 2009. [A copy of Section 339 wi/I be enclosed with the Decision

Notice]

Relevant Period - Pursuant to Section 341 of the 'Act' the approval will lapse if a plan for the

reconfiguration requiring operational works is not given to Somerset Regional Council within four

(4) years starting the day the approval takes effect.

This approval requires 'Compliance Assessment' by Somerset Regional Council as the

'Compliance Assessor - the nominated entity', pursuant to Part 10, Section 398 of the

Sustainable Planning Act 2009.

Page 11: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

The mandatory form IDAS for Compliance Assessment - form 32 [Sustainable Planning Act

2009 version 1.0 effective 18 December 2009] must be completed by the person requesting

compliance assessment of this conditional approval. The form must be submitted to Council as

the Compliance Assessor and must be accompanied by any fees required by the complianceassessor. If there is insufficient space on the form, the person must attach extra pages outlining

compliance. [A copy of Form 32 will be enclosed with the Decision Notice]

Pursuant to Division 8 Section 461 of the Sustainable Planning Act 2009, the Applicant has the

Right of Appeal to the Planning & Environment Court regarding any condition of this approval;

another matter stated in the development approval and the identification or inclusion of a code

under section 242 of the 'Act'. [A copy of the Right of Appeal will be enclosed with the Decision

Notice]

Landowners are responsible for the construction and maintenance of any vehicular access for the

property, from the road carriageway to property boundary in accordance with Council's standards.

The Plan of Subdivision will not be released until all works are completed to Council's satisfactionor uncompleted works are suitably bonded.

The completion of relevant documentation and a pre start meeting with Council's Technical

Officer, supervising Engineer and the Contractor is required prior to any works starting at the site.

The completion of relevant documentation and a pre start meeting with Council's Technical

Officer, supervising Engineer and the Contractor is required prior to any works starting at the site.

Any vegetation removed must be disposed of by:

? Milling; or

? Chipping and/or mulching.

Other waste, generated as a result of the operational works must be disposed of to an approveddisposal facility via an approved waste receptacle and/or collection service.

Construction hours are 6:30 am to 6:30 pm Monday to Saturday, with no work to be undertakenon Sundays or public holidays. Noise levels from construction work must at all times comply withthe requirements of the Environmental Protection Act 1994.

Dust pollution arising from the construction and maintenance of the works required by this

approval are the applicant's responsibility. The applicant must comply with any lawful instruction

from the Manager of Operations if in his opinion a dust nuisance exists.

Upon receiving the certification by a RPEQ, and submission and approval of as constructeddrawings and documentation, Council will accept the works as "On Maintenance".

Council will bond the developer for an amount equal to 5% of the operational works and the

Developer is required to maintain all works for a period of 12 months (maintenanceperiod) from

the date of "On Maintenance". Any defective works must be rectified within the maintenance

period.

At the end of the maintenance period the works shall be inspected and if satisfactory, shall be

placed "Off Maintenance". Bonds or other securities will be released after the works have been

placed "Off Maintenance".

Page 12: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Central SEQ Distribution - Retailer Authority (QUU) are currently undertaking water and sewer

investigations that would assist the applicant in responding to the water and sewer development

conditions of approval. The applicant should contact Central SEQ Distribution - Retailer Authority

(QUU), Mr Brett Carruthers on (07) 3810 7806 for assistance.

In respect to sewerage treatment works, it is possible that the works may include, but not limited

to, one of the following:

- upgrade to the existing treatment facility to increase its treatment capacity;- the provision of a package treatment plant at the existing treatment facility site; or

- the provision of a package treatment plant and effluent disposal onsite."Carried

Page 13: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

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Page 15: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

RECElVED ifyg

QueenslandGovemment

ASSOCOhio OBOX NO R

20 December2010A COPYOFTHIS DOCUMENTHAS PREVIOUSLYBEEN

Mr Robert Bain FORWARDEDBY EMAILChief Executive Officer

Somerset Regional Council

PO Box 117

Esk QId 4312

Dear Mr Bain

Concurrence Agency's Response - Conditions Apply

Somerset Regional Council

Council Application Number: DA10417

Applicant: Campbell Scott Projecting Marketing

Subject Land: Lot 3 on SP199673

Site Address: 35 Graham Road, Fernvale

Department of Transport and Main Roads Development Number: NCR-8772 NCoast-1

The Department of Transport and Main Roads as a Concurrence Agency received the

applicant's response to the department's information request on 25 October 2010. The

department extended its assessment period, until 20 December 2010.

The application material provided to the department by PlanTech Town Planners Pty Ltd

included the following documents:

? Acknowledgement Notice dated 8 July 2010

? IDAS Forms 1, 7 and checklists? Planning Report prepared in association with Simpson Rayner Surveys Optus

International Consultants titled Development Application Staged Reconfiguration 35

Graham Road, Fernvale

? Traffic Impact Report, ProjectNo. PO709 (Version2), dated 29 September 2010

The department has assessed the impact of the proposed development on the state-

controlled road network and the operational safety pursuant to section 287(1)(a) of the

Sustainable Planning Act 2009 (SPA), approves the application in full with conditions that

are enclosed as Attachment 1 - Department of Transport and Main Roads Conditions of

Department of Transport and Main Roads Our ref NCR-8772 NCoast-1Assets & Operations / Regions Your ref DA10417

North Coast Region / Sunshine Coast Office Enquiries Mr Daniel Ryan

PO Box 1600 Telephone +61 7 5313 8700

Sunshine Plaza Post Shop Maroochydore Queensland 4558 Facsimile +61 7 5313 8775

Website www.tmr.qld.gov.auFile ref 830/80/1097.0B f10 dar10_184 Email [email protected]

Page 16: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Development Approval. Please include the department's conditions of development approvalin your Decision Notice.

The department requires a copy of council's Decision Notice for the application within fivebusiness days after the day the decision is made (as required under section 334(2) of the

SPA).

A copy of this letter, including the enclosed conditions of development approval, has been

sent to the applicant. If you need further information about this response, please contact Mr

Daniel Ryan.

Yours sincerely

SC Duncan

Principal Advisor (Development Assessment)

Enc (1)

Page 17: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

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Page 18: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

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Page 19: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

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Page 20: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

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Page 21: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Somerset Regional Council

SomersetREGlONALCOUNCIL INFRASTRUCTURE CHARGES NOTICE NO: 10

This Infrastructure Charges Notice is issued by Somerset Regional Council under delegation from

Queensland Urban Utilities and relates to charges from the purpose of water and wastewater network

owned by Queensland Urban Utilities.

Somerset Regional Council has imposed the following infrastructure Chargels as a condition of development

approval for DA10417 for a 1 into 115 lot residential subdivision (plus balance land, drainage reserve and park) of

land described as Lot 3 on SP199673 and situated at 35 Graham Road, Fernvale.

To:Campbell Scott Project Marketing

c/- PlanTech Town plannersContact person: Larry Kumscov

PO Box 228Esk QId 4312

Date of issue: 6 & 20Application No: DA10417

Application Type: RAL - Compliance Assessrnentfor

Recon#guring One Lot into 115 (plusbalance land, drainage reserve, and park)CC:

Queensland Urban Utilities (QUU)GPO Box 2765Brisbane QId 4001

Note: This ICN may be given to the applicant and/or the owner depending upon the type of application.

Amount: $826,045

SubjectLand: Lot 3 on SP199673

35 Graham Road Fernvale 4306

Relevant Trunk Infrastructure Network: Fernvale Water Supply & Sewerage Schemes

Payableto: CEO-QUU

Relevant Units of Demand: Water: 116 Sewerage: 115

Unit Charge Rate Stated - Infrastructure Charges Schedule 2010-11: Water: $3,390 Sewerage: $3,793

Number of units of demand for which a credit has been given: Water. 1 Sewerage: 0

Page 22: Somerset...Committee. For more details, see SPA, chapter 7, part 2. Attachment 2 is an extract from SPA which details the applicant's appeal rights and the appeal rights of any submitters

Timing of Payment:

O (a) If the charge applies to reconfiguring a lot that is assessable development or development requiringcompliance assessment - before the local government approves the plan of subdivision.

O (b) If the charge applies to material change of use - before the change of use happens

O (c) If the charge applies to building work - before the certificate of classification for the building work isissued

O (d) If paragraphs (a), (b) and (c) do not apply, the day stated in the infrastructure charges notice or

negotiated Infrastructure Charges Notice.

Alternatives to paying infrastructure charges

(a) The local government may enter into an infrastructure agreement involving a contribution in a form other

than infrastructure charge.

(b) In respect of trunk infrastructure that is land, a notice may be given in addition to or instead of an

infrastructure charges notice requiring the land be given to the local government in fee simple.

General Information

Related payments The total infrastructure charge may be altered having regard to other infrastructure charges

and by provision of paid for the particular property or whether it has been offset through the provision ofinfrastructure infrastructure through an infrastructure agreement(s).

CreditWhen calculating an infrastructure charge for premises, any demand associated with the

existing lawful use of the premises must receive a credit.

The infrastructure charges in this notice are payable in accordance with section 632 of theAuthority for

Sustainable Planning Act 2009 as amended by clause 755K of the South-East Queenslandcharge Water (Distributionand Retail Restructuring)and Other Legislation Amendment Bill 2010.

Pursuant to section 478 of the Sustainable Planning Act 2009 a person may appeal an

Appeals infrastructure charges notice. (Refer to clause 755W South-East Queensland Water

(Distributionand Retail Restructuring)and Other Legislation Amendment Bill 2010).

The Federal Government has determined that contributions made by developers to

GST Government for Infrastructure and services under the Sustainable Planning Act are GST

exempt.

Enquiries regarding this infrastructure charges notice should be directed to Somerset RegionalEnquiries

Council - Ph: (07)5424 4000 or email: [email protected].

Robert BainChief Executive OfficerG:Development ApplicationsWALOA10417Unfrastructure Charges Notice DA10417