your ref:- 123324-1madec ltd c/- rps group (mackay) pty ltd po box 1895 mackay qld 4740 dear...

YOUR REF:- 123324-1

OUR REF: DA-2008-523/D

14 March 2017 Madec Ltd c/- RPS Group (Mackay) Pty Ltd PO Box 1895 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE

Applicant: Madec Ltd Proposal: Change to Development Approval - Change of Conditions

(10) - Material Change of Use for a Local Community Facility (Respite Care House & Life Skills Learning Centre)

Application Number: DA-2008-523/D Address: 615 Mackay-Bucasia Road, RURAL VIEW QLD 4740 Property Description: Lot 2 on GTP106700

Your request for a Permissible Change Application, lodged on 17 January 2017 to amend DA-2008-523/C approved on 3 March 2016, was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 13 March 2017, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the condition of the original (DA-2008-523/C) Complied Decision Notice: 1. Plan of Development The approved Local Community Facility (Respite Care House) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

This is Mackay Regional Council digitally signed document.

Stage 1 Job Number

Drawing Number

Title Revision Prepared by Date

291 2.01 Respite Care Centre – Floor Plan

D MN architect 23/07/2008

291 2.03 Respite House - Elevations




Stage 2 Lead Number Drawing No.

Title Revision Prepared by Date

L2950 Site Plan - Gemini Homes 20/02/2015 L2950 Floor Plan - Gemini Homes 20/02/2015 L2950 Elevations - Gemini Homes 20/02/2015 R16-09 Site Plan - Reef

Properties Pty Ltd.

-

R16-09 Floor Plan - Reef Properties Pty Ltd.

-

R16-09 Elevations - Reef Properties Pty Ltd.

-

L0.00 Cover Sheet 02 RPS 31/10/2016 L1.01 Landscaping

Plan 01 02 RPS 31/10/2016

L1.02 Landscaping Plan 02

02 RPS 31/10/2016

L2.00 Landscape Details

02 RPS 31/10/2016

L3.00 Landscape Specifications

02 RPS 31/10/2016

0875-OPW-002 sheet 1 of 2

Roadworks and Drainage Plan

A Owen Consulting

18.04.2011



A Owen Consulting

18.04.2011


20. Access Driveway The developer must provide a detailed design of the proposed access generally in accordance with Owen Consulting drawing 0875-DA-002 rev A. This access must be sealed from the road frontage to the car parking area. The driveway extending from the road frontage boundary to the car parking area, must be bitumen sealed or concreted, for a minimum width of 4m. The driveway is to be constructed generally in accordance with the Owen Consulting Engineering Drawings 0875-OPW-002 sheet 1 and 0875-OPW-003 sheets, noting that the passing bays are not required to be constructed. 22. Stormwater The developer must provide a detailed engineering design of the internal and external stormwater system for the development. The developer must acquire a stormwater easement to cover for the stormwater outlet pipe crossing lot 1 on GTP106700. The developer must submit an Operational Works - Compliance Certificate - Document application and show the following: a) A detailed engineering design of the internal and external stormwater

system for the development.

b) The details of the outlet for the existing stormwater overflow relief sump, as shown on Drawing 433 WD 1.05 rev A by Mark Nicholls Architect.

23. Lawful Point of Discharge Downstream drainage to a lawful and practical point of discharge is nominated as Little McCreadys Creek as shown on Owen Consulting drawing 0875-DA-001 rev B., via the stormwater outlet pipe crossing Lot 1 on GTP106700. 24. Stormwater Drainage Stormwater from the site (including roof water) shall be collected within the property boundaries and discharged via an underground system into the nominated lawful & practical point of discharge. All roof water must be collected and discharged to the lawful point of discharge.


25. Drainage Easement and Reserves Drainage easements and reserves are to be in accordance with Council’s Engineering Design Guidelines. Reserves are to be transferred to Council in Fee Simple at no cost Council. a) The developer must acquire a stormwater easement over the

stormwater outlet pipe crossing Lot 1 on GTP106700. 28. Stormwater Quality Deleted The developer is to prepare and submit a Site Based Stormwater Management Plan (SBSMP) for a “High Risk development” as defined Council’s Engineering Design Guidelines - Soil and Water Quality Management – Planning Scheme Policy No. 15.07 to Council for approval at the time of to submission of the Operational Works applications. Assessment of other components of Operational Works applications cannot be finalised until the SBSMP is approved first. If provided, Stormwater Quality Improvement Devices (SQIDs) must be located within the site and must be of a private nature. The developer must amend the plan of development to accommodate the approved SQIDs within the development. The developer must submit the detailed engineering design of the approved SQIDs as part of the operational works application. 29. Water and Sewer The developer must install a 100mm dia water service from the existing 100mm dia water main located at the frontage of the development. This service is to cater for potable and firefighting water supplies for the development. Pumping direct from Council water mains for potable or firefighting supply is not permitted. The developer must amend the sewer design extension proposal prepared by Owen Consulting drawing 0875-DA-001 rev B by terminating the works in Manhole 2/1. The developer must provide a detailed engineering design of the sewer main extension in accordance with Council’s Engineering Design Guidelines. Mackay Water is to carry out all water connection and live sewer work at the developer’s expense Clearances to Mackay Water Assets shall be in accordance with Mackay Water Policy MW16 “Clearance to Water and Sewerage Assets”. Pumping direct from Council water mains for potable or fire fighting supply is not permitted. The developer must install a 100mm diameter water service from the existing 100mm diameter water main located at the frontage of the development. This service is to cater for potable and firefighting water supplies for the development.


Respite House 1 shall maintain its existing house connection to the sewer fmain in adjoining Lot 1 on GTP106700. Respite House 2 shall be connected to reticulated sewerage system. This may be via a new house connection to the sewer main in Lot 1 on GTP700 or sharing the existing Respite House 1 connection. Council’s Water and Waste Services Department is to carry out all water connection and live sewer work at the developer’s expense. Clearances to Mackay Water Assets shall be in accordance with Mackay Water Policy MW16 “Clearance to Water and Sewerage Assets.” 31. Landscape Plan Required A updated landscaping plan suitable for construction purposes, and generally in accordance with the provided preliminary landscape plan, must be submitted with Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following:

Landscape specification of sufficient detail so that landscape works are to be carried out;

Plant schedule detailing number of plants, species, pot size and height at planting;

Details of soil and mulch types, including depths, areas of turf, garden edges and paving finishes;

the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping. All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site. The sensory garden as specified on the plan of development is not required to be constructed as part of this approval. 34. Visual Screen Fence

A visual screen fence must be constructed on the eastern, southern and western side of the buildings on site. The screen fence must be a minimum height of 1.8 metres. Existing fencing and landscaping should be maintained where possible. The total cost of this fencing to be met by the Developer.


36. Existing Stormwater Existing stormwater pits collecting surface runoff from the yards of Respite House 1 must be maintained. Please find enclosed the above Decision Notice with the relevant attachments: Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use If you require any further information please contact Helle Jorgensen Smith


COMPILED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2008-523/D

Date of Decision: 13 March 2017

1. APPLICANT/S DETAILS

Name: Madec Ltd

Postal Address: c/- RPS Group (Mackay) Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 615 Mackay-Bucasia Road, RURAL VIEW QLD 4740

Property Description: Lot 2 on GTP106700

3. PROPOSAL Change to Development Approval - Change of Conditions (10) - Material

Change of Use for a Local Community Facility (Respite Care House & Life Skills Learning Centre)

4. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Approved in Full Subject to Conditions



5. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed:

Conditions 1, 20, 22, 23, 24, 25, 29, 31, 34 – amended

Condition 28 – deleted

Condition 36 – added

All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

6. IDAS REFERRAL AGENCIES

Concurrence Agencies

Department of Infrastructure, Local Government & Planning

Mackay Isaac Whitsunday Regional Office PO Box 257 MACKAY QLD 4740

7. SUBMISSIONS There were no properly made submissions received on this application.

8. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme including amendments up to 24 February 2014.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER DEVELOPMENT PERMITS REQUIRED Operational Works (Compliance Certificate – Document)

Building Works (Development Permit)

Plumbing Works (Compliance Permit)

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable



12. CURRENCY PERIOD

The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

13. APPEALS Attached is an extract from the Sustainable Planning Act which details your

appeal rights and the appeal rights of any submitters regarding this decision. 14. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Manager Development Assessment

Signature Date


shane

Typewritten Text

15th March 2017

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-523/D Decision Date: 13 March 2017

Page 1 of 8

1. Plan of Development

The approved Local Community Facility (Respite Care House) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Stage 1

Job

Number Drawing Number

Title Revision Prepared by

Date

291 2.01 Respite Care Centre – Floor Plan






Stage 2

Drawing No. Title Revision Prepared by Date R16-09 Site Plan - Reef

Properties Pty Ltd.

-

R16-09 Floor Plan - Reef Properties Pty Ltd.

-

R16-09 Elevations - Reef Properties Pty Ltd.

-

L0.00 Cover Sheet 02 RPS 31/10/2016L1.01 Landscaping Plan

01 02 RPS 31/10/2016

L1.02 Landscaping Plan 02

02 RPS 31/10/2016

L2.00 Landscape Details

02 RPS 31/10/2016

L3.00 Landscape Specifications

02 RPS 31/10/2016



A Owen Consulting

18.04.2011



A Owen Consulting

18.04.2011

2. Deleted



Page 2 of 8

3. Compliance with conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

4. Maintenance of Development

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

5. Conflict between plans and written conditions

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

6. Notice of Intention to Commence the Use

Prior to the commencement of each Stage of development, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion). Council recognises the existing use of the Class 1 structure on site and that this may continue to operate as a Class 1 structure in the absence of this approval.

7. Relevant Period

Stage 1 of the approval has been completed in accordance with the conditions of approval.

Stage 2 approval does not have a lapse period due to the completion of Stage 1.

8. Change of Building Class

The Stage 1 constructed building must be changed from a Class 1 to a Class 3 Building to accurately reflect the approved use.

9. Water and Sewerage Headworks

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Policy on Developer Contributions for Water Supply and Sewerage Services.

Stage 1 Headworks credit given for existing use Stage 2 Headworks will be applied based on an additional 1.0 ET.



Page 3 of 8

10. Deleted 11. Transport Network Contributions

A transport network contribution must be paid generally in accordance with Councils Policy on Transport Network Contributions subject to the modified rated identified below:

Stage 1 Transport network contributions will be applied based on an

additional 30 vehicle movements per day (vpd), and at no time during any given day (24 hour period) must more than 30 vehicles movements per day access the site.

Stage 2 Transport network contributions will be applied based on an additional 12 vehicle movements per day (vpd), and at no time during any given day (24 hour period) must more than 12 vehicle movements per day access the site.

The contributions that form part of this approved Development Permit are calculated exclusively for the Company of MADEC LTD. Should the approved Respite Care Centre Use change or should Lot 2 on GTP106700 be sold, the applicable contributions will be amended accordingly.

12. Contributions Payment Timing

All Stage 1 contributions and charges must be paid within six months of the date of the approval at the rate applicable at the time of payment.

All Stage 2 contributions must be paid prior to the date of commencement of use for Stage 2.

13. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of 7 car parking spaces, 1 bus parking space and 1 bicycle parking space. The carparking is to be designed in accordance with Australian Standard AS/NZS2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles.

14. Vehicle Manoeuvring

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

15. Parking Signs

A sign/signs to the satisfaction of the Council must be provided directing drivers to the area(s) set aside for car parking and must be located and maintained to the satisfaction of the Council. The area of each sign must not exceed 0.3 m².



Page 4 of 8

16. Loading /unloading

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

17. Use of Carparking areas

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

18. Earthworks

The developer must provide detailed earthworks plan as part of the operational works application. Earthworks within the development must comply with Council’s Engineering Design Guideline – Site Regrading – Planning Scheme Policy 15.06.

19. Floor Levels

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

20. Driveway

The driveway extending from the road frontage boundary to the car parking area, must be bitumen sealed or concreted, for a minimum width of 4m. The driveway is to be constructed generally in accordance with the Owen Consulting Engineering Drawings 0875-OPW-002 sheet 1 and 0875-OPW-003 sheets, noting that the passing bays are not required to be constructed.

21. Ponding and Diversion of Stormwater

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

22. Stormwater

The developer must submit an Operational Works - Compliance Certificate - Document application and show the following:

a) A detailed engineering design of the internal and external stormwater system for the development.

b) The details of the outlet for the existing stormwater overflow relief sump, as shown on Drawing 433 WD 1.05 rev A by Mark Nicholls Architect.



Page 5 of 8

23. Lawful Point of Discharge

Downstream drainage to a lawful and practical point of discharge is nominated as Little McCreadys Creek via the stormwater outlet pipe crossing Lot 1 on GTP106700.

24. Stormwater Drainage

All roof water must be collected and discharged to the lawful point of discharge.

25. Drainage Easement and Reserves

Drainage easements and reserves are to be in accordance with Council’s Engineering Design Guidelines. Reserves are to be transferred to Council in Fee Simple at no cost Council.

a) The developer must acquire a stormwater easement over the stormwater

outlet pipe crossing Lot 1 on GTP106700. 26. Damage

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

27. Compliance to Council’s standard

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

28. Deleted 29. Water and Sewer

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

The developer must install a 100mm diameter water service from the existing 100mm diameter water main located at the frontage of the development. This service is to cater for potable and firefighting water supplies for the development.

Respite House 1 shall maintain its existing house connection to the sewer main in adjoining Lot 1 on GTP106700.

Respite House 2 shall be connected to reticulated sewerage system. This may be via a new house connection to the sewer main in Lot 1 on GTP700 or sharing the existing Respite House 1 connection.



Page 6 of 8

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

Clearances to Mackay Water Assets shall be in accordance with Mackay Water Policy MW16 “Clearance to Water and Sewerage Assets.”

30. Deleted 31. Landscape Plan Required

An updated landscaping plan suitable for construction purposes, and generally in accordance with the provided preliminary landscape plan, must be submitted with Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following:

Landscape specification of sufficient detail so that landscape works are to

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

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

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

Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site. The sensory garden as specified on the plan of development is not required to be constructed as part of this approval.

32. Advertising Sign Approval

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

33. Dust Suppression

Dust suppression measures must be undertaken to ensure that dust does not cause a nuisance to surrounding areas and residents. Such measures must be submitted as part of Operational Works application to the Manager Environmental Services for approval before commencement of work.

34. Visual Screen Fence

A visual screen fence must be constructed on the southern and western side of the buildings on site. The screen fence must be a minimum height of 1.8 metres. Existing fencing and landscaping should be maintained where possible. The total cost of this fencing to be met by the Developer.



Page 7 of 8

35. Waste Storage Area

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

36. Existing Stormwater

Existing stormwater pits collecting surface runoff from the yards of Respite House 1 must be maintained.

ASSESSMENT MANAGERS ADVICE

1. Local Laws

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

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. Contaminated Land

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



Page 8 of 8

7. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

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

8. Summary of Developer Contributions as at date of approval.

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

STAGE 1:

Infrastructure Catchment Basis of Calculation Number of

Units/ET’s/ EP’s/VPD

Water Supply 5. Northern Beaches

Credit given equals contribution applicable

N/A

Sewerage Supply

5. Northern Beaches

Credit given equals contribution applicable

N/A

Parks 2. Rural View Credit given equals contribution applicable

N/A

Transport Network

Entire City 30 vehicle movement per day based on proposed use

30 VPD

STAGE 2:

Infrastructure Catchment Basis of Calculation Number of

Units/ET’s/ EP’s/VPD

Water Supply 5. Northern Beaches

3 bedrooms 1 ET

Sewerage Supply

5. Northern Beaches

3 bedrooms 1 ET

Transport Network

Entire City 12 vehicle movements per day based on proposed use

12 VPD

In order to calculate the quantum of the contribution at the time of payment, please refer to Council’s website for the indexed Policy Contribution rates.


Our reference: SPD-0117-033402Your reference: DA-2008-523

9 February 2017

Chief Executive OfficerMackay Regional CouncilPO Box 41MACKAY QLD 4740

Attention: Helle Jorgensen Smith

Dear Mrs. Jorgensen Smith

Notice about request for permissible change—relevant entity given under section 373(1) of the Sustainable Planning Act 2009 for Development Permit for Material Change of Use – Local Community Facility - Council Reference DA-2009-523B at 2/613 Mackay-Bucasia Road, Rural View QLD 4740

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 16 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 to Council approval number DA-2008-523 are as follows: Amend Condition 1 to list the attached proposal plan as the approved plan for Respite

House 2. Amend Condition 20 to make the width of seal and passing bay requirements to reflect

the reduced scale of development. Amend Conditions 22, 23, 24 and 28 relating to stormwater management to reflect the

reduced scale of development. Amend Condition 29 to state: -

Both Respite Houses shall be connected to reticulated water supply via the existing water service located in the north-east corner of the common property (Lot 0 on GTP106700). Respite House 1 shall maintain its existing house connection to the sewer main in adjoining Lot 1 on GTP106700. Respite House 2 shall be connected to reticulated sewerage system. This may be via a new house connection to the sewer main in Lot 1 on GTP106700 or sharing the existing Respite House 1 connection.”


tracyh

Received (Manual Date)

SPD-0117-033402

Page 2 Mackay Isaac Whitsunday Regional OfficeLevel 4, 44 Nelson StreetPO Box 257Mackay QLD 4740

Conditions 31 & 34 to reflect landscaping requirements to be in line with the landscaping plan.

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 Dylan Brown, A/Senior Planning Officer, on (07) 4898 6812, or via email [email protected] who will be able to assist.

Yours sincerely

Patrick RuettjesManager (Planning) – Mackay Isaac Whitsunday Regional Office



desleyh

Manual DA & Date


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: 465 Appeals about decisions relating to extensions for approvals (1) For a development approval given for a development application, a person to

whom a notice is given under section 389, other than a notice for a decision under section 386(2), 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. (3) Also, a person who has made a request under section 383 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. 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.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2008-523/D

Date of Approval 13 March 2017

Approved Change to Development Approval - Change of Conditions (10) - Material Change of Use for a Local Community Facility (Respite Care House & Life Skills Learning Centre)

Location 615 Mackay-Bucasia Road, RURAL VIEW QLD 4740

Property Description Lot 2 on GTP106700 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Madec Ltd Address: C/- RPS Group (Mackay) Pty Ltd PO Box 1895 MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


your ref:- 123324-1madec ltd c/- rps group (mackay) pty ltd po box 1895 mackay qld 4740 dear...

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