FINAL MINUTES
25 January 2012
FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Table of Contents
Folio Date Particulars
19668 25.01.2012 Ordinary Meeting Minutes
19734 30.11.2011 Month Ending 30 November 2011 - Corporate Services Highlights & Significant Issues Report
19745 31.12.2011 Corporate Services Highlights & Significant Issues Report - Month Ending 31 December 2011
19755 31.12.2011 Executive Financial Performance Report for the Month to 31 December 2011
19799 30.11.2011 - 31.12.2011 Waste Services Monthly Performance Management Report - November/December 2011
19804 30.11.2011 - 31.12.2011 Water Services Monthly Performance Management Report - November/December 2011
19845 30.11.2011 - 31.12.2011 Community Services Highlights and Significant Issues Report for November and December 2011
19880 30.11.2011 Development Services Highlights and Significant Issues Report
19930 15.12.2011 Minutes - Rural Affairs Advisory Committee
19936 12.12.2011 Minutes - Mackay Matsuura Sister City Advisory Committee
19939 25.01.2012 Receipt of a Petition re Half Yearly Rate Assessments for Carlyle Gardens Retirement Village
19968 25.01.2012 Receipt of a Petition re memorial Community Swim Centre
Declaration of Potential Conflict of Interest
Cr Hatfield (Item 15.1)
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ORDINARY MEETING MINUTES
1. ATTENDANCE:
His Worship the Mayor, Cr C Meng (Chairperson), Crs D E Camilleri, D T Comerford, P F Steindl, W A Cameron, G R Thomsen, D J Perkins, D R Hatfield, K J Casey, K L May and R D Walker were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Mrs M Iliffe (Minute Secretary).
The meeting commenced at 10.00 am.
2. ABSENT ON COUNCIL BUSINESS:
Nil
3. APOLOGIES:
Nil
4. CONDOLENCES:
Nil
5. CONFIRMATION OF MINUTES:
5.1 ORDINARY MEETING MINUTES FOR 14 DECEMBER 2011
THAT the Minutes of the Ordinary Meeting held on 14 December 2011 be confirmed.
Moved Cr Comerford Seconded Cr Casey
CARRIED
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6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:
Nil
7. MAYORAL MINUTES:
Nil
8. CORRESPONDENCE AND OFFICERS’ REPORTS:
8.1 MONTH ENDING 30 NOVEMBER 2011 - CORPORATE SERVICES HIGHLIGHTS AND SIGNIFICANT ISSUES REPORT
Author Director Corporate Services
Purpose
To review the attached Corporate Services Department Highlights and Significant Issues Report for the month ending 30 November 2011.
Officer's Recommendation
THAT the attached report be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Camilleri Seconded Cr Steindl
CARRIED
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8.2 CORPORATE SERVICES HIGHLIGHTS AND SIGNIFICANT ISSUES REPORT - MONTH ENDING 31 DECEMBER 2011
Author Director Corporate Services
Purpose
To review the attached Corporate Services Department Highlights and Significant Issues Report for the month ending 31 December 2011.
Officer's Recommendation
THAT the attached report be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Camilleri Seconded Cr Steindl
CARRIED
8.3 EXECUTIVE FINANCIAL PERFORMANCE REPORT - FOR THE MONTH TO 31 DECEMBER 2011
Author Manager Financial Services
Purpose
To present the Executive Financial Performance Report to 31 December 2011.
Background/Discussion
As at 31 December 2011 Council’s Operating Income totalled $139,997,464 and Operating Expenditure totalled $131,006,960. Total Capital Expenditure to date equals $79,288,485.
Operating Revenue is below target on a pro-rata basis due to the timing of grants associated with flood damage. A brief comment on each component follows:
Rates and Utility Charges – on target Fees and Charges – slightly above budget due to some annual fees being collected in the first half of the financial year Sales – Contract and Recoverable Work – above budget predominately due to increase flood damage works for Main Roads
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Grants and Subsidies – well below budget due to timing of large NDRRA flood damage grants to be claimed Interest Earned – well above budget due to larger than expected reserve balances through delayed capital delivery Other Revenue – on target
Operating expenditure is below budget on a pro-rata basis except for Other Expenses. The main contributing factors are:
Employee costs – under budget due to vacancies and the delay in the finalisation of the EA Goods and Services – currently 32% predominately through the timing of flood damage projects and large contract payments for Water and Waste Services Finance costs – on target Other Expenses – slightly over budget due to the payment of annual insurance premiums
Capital Expenditure is currently at 32% spent on annual budget and will continue to be monitored. Capital expenditure projections will be reviewed as part of the December Budget Review.
Consultation and Communication
Chief Executive Officer, Directors, Executive Managers and Program Managers.
Resource Implications
A full review of Council’s projected end of year result will be conducted as part of the December Budget Review. The impact of timing on the delivery of flood damage works continues to be monitored.
Risk Management Implications
Delays in Capital delivery can leave Council exposed to future cost of construction increases.
Conclusion
Overall figures indicate that Council is operating favourable to budget, whilst timing effects for flood damage revenue and expenditure is ongoing. Also the timing of large contract payments is noted. Capital Expenditure continues to be closely monitored.
Officer's Recommendation
THAT the Executive Financial Performance Report for the 31 December 2011 be received.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Camilleri Seconded Cr May
CARRIED
8.4 WATER & WASTE SERVICES MONTHLY PERFORMANCE MANAGEMENT REPORTS - NOVEMBER/DECEMBER 2011
Author Director Water & Waste Services
Purpose
To provide Council with Water & Waste Services Combined Monthly Performance Management Reports for the periods ending 30 November 2011 and 31 December 2011.
Officer's Recommendation
THAT the Monthly Performance Management Reports be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Thomsen Seconded Cr Comerford
CARRIED
8.5 COMMUNITY SERVICES HIGHLIGHTS AND SIGNIFICANT ISSUES REPORT FOR NOVEMBER-DECEMBER 2011
Author Director Community Services
Purpose
Attached is a copy of the Community Services Highlights and Significant Issues report for November and December 2011 for information purposes.
Officer's Recommendation
THAT the report be received.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr May Seconded Cr Perkins
CARRIED
8.6 BREWER'S PARK SPORTING PRECINCT MASTER PLAN
Author Manager Recreation Services
Purpose
To seek approval from Council to undertake community engagement regarding the Brewers Park Sporting Precinct Master Plan 2012 – 2022, with the objective to provide balanced and objective information about the identification and rationales of the plan’s recommended projects.
Background/Discussion
After completing several studies over a period of eighteen months, Council adopted its all- encompassing Open Space, Sport and Recreation (OSSR) Strategy 2010 – 2016 in December 2010. This strategy seeks to define a regional context for the planning and provision of open spaces, sports and recreation and proposes a new framework for the management and delivery of sport and recreation opportunities. A significant amount of consultation took place with the community in developing this strategy, whilst the community was further provided with a final opportunity for comment to validate the findings of the draft strategy, which led to the final OSSR Strategy 2010 – 2016.
One of the major recommendations of the OSSR Strategy 2010 - 2016 refers to the continued development of sporting facilities in precincts and the preparation of master plans for key precincts such as Sarina’s Brewers Park sporting precinct. As it was acknowledged that the implementation of all recommendations within OSSR Strategy 2010 – 2016 would be beyond the responsibility and/or capacity of Council to fund in its own right, external grants were sought to implement the recommendation of preparing a master plan for Brewers Park.
In May 2011, Council was successful in obtaining external funding provided by the Queensland Government’s Building Rural Communities Fund – Blueprint for the Bush and consequently appointed Sporting Advantage Pty Ltd to commence the process of developing a master plan for Brewers Park. As part of this process, a significant amount of consultation took place with existing and potential members of Brewers Park user groups and representatives of Council and Queensland Government between August 2011 and November 2011.
The draft strategy developed as a result of this consultation was presented to the Brewers Park user groups on November 8 2011 with the aim to explain the rationales of the recommendations and to confirm the strategy’s findings. Further opportunity to provide feedback after the
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presentation was provided to the groups until November 18 2011, with comments received being incorporated into the Brewers Park Sporting Precinct Master Plan 2012 – 2022 (attached).
Consultation and Communication
A significant amount of internal and external consultation has taken place with a range of community, Council and Government stakeholders in developing the Brewers Park Sporting Precinct Master Plan 2012 – 2022. Further opportunities were provided to these groups to comment on the draft version of the strategy, with feedback taken into consideration in developing the Brewers Park Sporting Precinct Master Plan 2012 – 2022.
Resource Implications
Nil.
Risk Management Implications
Nil.
Conclusion
One of the major recommendations of the OSSR Strategy 2010 - 2016 refers to the continued development of sporting facilities in precincts and the preparation of master plans for key precincts such as Brewers Park to integrate the planning of various user groups and to ensure a coordinated approach to precinct development.
Council was successful in obtaining external funding in May 2011 to commence a master plan study for the Brewers Park sporting precinct. A significant amount of consultation took place with existing and potential members of Brewers Park user groups and representatives of Council and Queensland Government between August 2011 and November 2011 in developing the master plan. It is now timely to inform and communicate the master plan’s findings and recommendations to the broader community.
Officer's Recommendation
THAT Council approves undertaking community engagement regarding the Brewers Park Sporting Precinct Master Plan 2012 – 2022 in accordance with its associated Community Engagement Plan, with the objective to provide balanced and objective information about the identification and rationales of its recommended projects.
AND THAT this Master Plan will serve as the principal document for the future direction and development of the Brewers Park sporting precinct but noting that this will be dependent upon sourcing external funds.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr Camilleri
CARRIED
8.7 HEALTHY COMMUNITIES INITIATIVE
File No Health Communities Initiative Author Co-ordinator Community Development
Purpose
To seek Council support to engage a Healthy Communities Coordinator and a part time Healthy Communities Project Support Officer
Background/Discussion
The Australia Government through the National Partnership Agreement on Preventive Health is providing $71.8 million over four years from 2009-10 under the Healthy Communities Initiative (HCI) to support Local Government Areas (LGAs) to deliver effective community- based physical activity and healthy eating programs, as well as developing a range of local policies that support healthy lifestyle behaviours.
With the support of Council’s Grants Officer, Recreation Services and Community Development team members prepared an application for the third, and final, round of the Healthy Communities Initiative. Advice has been received that this application was successful, with Mackay Regional Council to receive $566,042.00 to employ a full time Healthy Communities Co-ordinator and a part time Project Support Officer to implement a range of programs that meet the guidelines of the funding agreement. This funding agreement will commence upon the signing of the formal documentation by the Chief Executive Officer and will expire on 30 June 2013, unless an extension is granted by the Australian Government.
In order to ensure the success of this program the new officers will work closely with members of the Recreation Services team. However, the positions will be accommodated within the Community Development team, which already has strong networks in many of the communities that are to be targeted by the program.
Consultation and Communication
Members of the Community Development Program and Recreation Services, with the support of staff from Queensland Health, prepared the initial application. Discussions were also held with local providers of health related program in order to gain their support for the application and to scope their ability to meet the requirements of the funding should the application be successful.
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Resource Implications
Funding provided by the Australian Government for the Healthy Communities Initiative is adequate to cover all expenses associated with the employment of one fulltime Healthy Communities Co-ordinator at level 4 and a part time (21.75 hours per week) administration support officer at level 2 of Council’s Enterprise Agreement. The funding will also meet the costs of establishing and implementing community-based physical activity and healthy eating programs.
Risk Management Implications
There are no major risks in entering into this agreement as the positions will be time-limited contract positions which are fully funded.
Conclusion
This funding presents a unique opportunity for Council to employ a full time Healthy Communities Co-ordinator and a part time Project Support Officer to implement community- based physical activity and healthy eating programs across the Mackay Regional Council area.
Officer's Recommendation
THAT Council supports the employment of one full time Healthy Communities Co- ordinator at level 4 and a part time (21.75 hours) Project Support Officer at level 2, until 30 June 2013 as per the funding agreement with the Australian Government.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr May
CARRIED
8.8 DEVELOPMENT SERVICES HIGHLIGHT & SIGNIFICANT ISSUES REPORT - MONTH ENDED 30 NOVEMBER 2011
Author Director Development Services
Purpose
To review the attached Development Services Department Highlights and Significant Issues report for the month ended 30 November 2011.
Officer's Recommendation
THAT the attached report be received.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Hatfield Seconded Cr Walker
CARRIED
8.9 REPORT TO REQUEST TO CHANGE AN EXISTING APPROVAL - YANJIAN GROUP PTY LTD - 41 MACALISTER AND 232-250 ALFRED ST, MACKAY (DA-2007-551/A)
Application Number: DA-2007-551/A.
Date Received: 21st September 2011
Action Officer: Shane Kleve
Applicant’s Details: Yanjian Group Pty Ltd c/- Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740 Request to Change Development Approval – Proposal: FROM: Material Change of Use - Multi-level, Mixed Commercial, Shop, Catering Shop & Motel Premises (Superseded Planning Scheme)
TO: 129 Multiple Dwelling Units and Catering 2 Shop/Shop/Commercial Premises (275m GFA)
41 Macalister Street & 232 - 250 Alfred Street, Site Address: MACKAY Property Description: Lots 1 – 4 on RP700773
Owner’s Details: Lots 1 – 4 on RP700773
Area: 2,037m2
Planning Scheme: Mackay City Planning Scheme (dated 23rd April 2010)
Planning Scheme Designations: Locality: City Centre Precinct: City South Zone: Mixed Use
Assessment Level: Original application was Impact Assessable under the Transitional Planning Scheme, but the
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current use and this application is Code Assessable
Submissions: NA
Referral Agencies: Nil
Attachments: Attachment A: Locality Plan Attachment B: Previous Approval Attachment C: Proposal Plans Attachment D: Extent of Footpath works
Recommendation: Approved Subject to Conditions
ASSESSMENT OF APPLICATION
Purpose
The applicant has lodged a ‘Request to Change an Existing Approval’ in relation to the approval for what is known as the ‘Laundromat site’ located opposite the MECC at 41 Macalister Street and 232-250 Alfred Street, Mackay (refer to Attachment A – Locality Plan).
The applicant seeks to change the existing approval from a ‘Multi-level, Mixed Commercial, Shop, Catering Shop & Motel Premises (140 rooms)’ to a development containing 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA).
The proposal is acceptable and recommended for approval.
Background
Council approved a proposal to establish a Multi-level, Mixed Commercial, Shop, Catering Shop & Motel Premises (140 rooms) on the subject property in May 2008. Subsequent to the issue of the approval, the property was offered for sale with the approval.
The site remained on the market for a number of years until purchased by the current owner, who has reassessed the approved development.
The owners’ consultants have advised Council officers that the existing approval is not commercially viable and the components of the building need to be changed in order to deliver a building that meets the current market.
The application to change was lodged with Council on 21st September 2011, seeking approval of 137 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA).
This proposal was discussed with Councillors at a briefing session in November 2011, where concerns were raised with the overall scale of the development and provision of car parking. The applicant was advised of these issues and in response provided amended plans that slightly reduced the height of the proposal, the extent of the upper floor and the number of units from 137 to 129.
Subject Site and Surrounds
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The subject property has an area of 2,037m2. Three of the allotments are currently vacant and the fourth currently contains a small Laundromat. The site has frontage to both Alfred and Macalister Streets, and proposes vehicular and pedestrian access to both frontages.
The site is surrounded to the north by a car repair workshop and residential buildings beyond; to the east by commercial buildings. South of the site is a mix of commercial and residential buildings, with Central State School located to the south west. West of the site is the MECC and Councils Civic Precinct.
Proposal
The applicant is requesting that Council approve their request to amend the existing approval on this site to facilitate the development of a building with the following components:
129 Multiple Dwelling Units 275m2 GFA for Catering Shop/Shops or other retail located on the ground floor.
The following are the major changes from the original approval to the amended proposal:
The units within the building are to be available for both short term accommodation (serviced apartments) but may also be available for permanent use. The units proposed consist of 39 two bedroom units and 90 one bedroom units. The existing approval provided for 140 ‘motel style’ rooms. The original approval proposed three levels of office space, as well as some shops/catering shops at the ground floor. The amended proposal has deleted the three levels of commercial space and replaced these floors with residential use. The commercial component in the development will be reduced from approximately 4,100m2 to 275m2. The original proposal included two basement levels. The amended proposal has deleted one basement level and provides two floors of parking above ground (levels 1 & 2). The original proposal was a 10 storey building (ground level plus 9 levels above) with a maximum height of RL 43.33m AHD. The amended proposal has 13 stories (ground plus 12 levels above), with a maximum building height not exceeding RL48.9m AHD, which is just below the Obstacle Limitation Surface inner surface heigh of RL 49m AHD.
These amendments have been proposed as the property owner/applicant has reviewed the project to match the product with what they consider to be the current market demands.
PLANNING SCHEME ASSESSMENT
The subject site is zoned Mixed Use, contained in the City South Precinct of the City Centre Locality. The subject site is affected by the following Overlays:
Flood & Inundation Management Overlay Development in the Vicinity of Mackay Airport Overlay
In addition to the above Overlay Codes, the application would be assessable against the following Codes of the Planning Scheme:
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City Centre Locality Code (including Mixed Use zone Code) Retail / Commercial Code Environment and Infrastructure Code
The Planning Scheme requirements contained in the relevant Codes would suggest that this proposal is not consistent with the intent of the current Planning Scheme, as the building is significantly higher than the Codes would permit. However, the building design and mix of uses within the building is consistent with the intention of the ‘Mixed Use’ zoning of the site.
The proposal significantly exceeds the building parameters for development under the superseded Transitional Planning Scheme. The proposal approved in 2008 also exceeded the specified building heights.
It is considered that the uses of the amended development proposal is generally consistent with Councils’ current policy direction and outcomes from the EbD for the City Centre. However, the building height remains contentious.
The current Scheme permits buildings to have a maximum building height (to the ceiling of the uppermost level) of 22m in this zone, unless provision for ‘public parking’ is made within the site. This building does not provide any parking for use by the general public (i.e. not using the facilities provided on-site). If this parking provision were to be made, the maximum building height allowable would be 28m.
The plans submitted with this application propose a building height of approximately 43m above natural ground level, with the highest part of the building not exceeding RL 48.9m AHD.
The proposed building height is not consistent with the recent Enquiry by Design Outcomes Report for the Mackay City Centre Local Area Plan, which suggests in Map 6: Building Heights (pg 69) that building heights on this property could be between 6-8 stories. The proposed building is a 13 storey building (ground floor plus 12 levels above). Recent discussions regarding building heights in the City Centre have suggested that building heights should be maximised to reinforce the dominant role of the CBD in the region, however would be restricted by the existence of the Mackay Airports’ Obstacle Limitation Surface (OLS).
Under the current OLS this property sits under the ‘inner surface’ of the OLS, with a height of RL 49m AHD. The proposed building is just under the OLS level. It will be required that the applicant approach the Airport to ensure any requirements that they may have in relation to lighting and notification of construction works are met by the developer.
The building itself, is considered to be well articulated and will present well to both the street and surrounding areas. However, the northern and eastern elevations will require some additional treatments as they present a solid concrete panel wall three storeys in height as this is the height of the parking levels. Above this level the building presents quite well.
Car Parking Provision
The current Planning Scheme stipulates that car parking is provided for the proposed development at the following rates:
129 Multiple Dwelling units @ 1.5 spaces per unit = 193.5 spaces
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275m2 commercial space – 1 space per 50m2 GFA = 5.5 spaces
Total car spaces required = 199
The proposed development has detailed the provision of 162 spaces, which is 37 spaces short of what the Planning Scheme would suggest is required for the development.
The car parking shown on the proposal plans includes the use of spaces for ‘small cars’, with 33 scattered throughout the parking levels. Development Engineering Officers have reviewed these spaces and have suggested that a number of them can be converted to ‘normal’ sized spaces and 4 areas where three spaces are side by side can be converted into 2 normal spaces. This would reduce the overall parking numbers by 4 spaces down to 158 spaces. Alternatively Council could agree to allow some undersized spaces.
The applicant has suggested that they consider the parking provision (162) is sufficient for the proposed development, especially as the development is likely to be also utilised for short term accommodation. The applicant details that one space should be allocated to each unit with the balance or 21 spaces being allocated to the commercial component and for visitors.
It is considered that the location of the subject property within the city centre would allow residents of the units to have less reliance on motor cars given that a major supermarket and specialty shops is located around 400m walking distance of the property (Sydney Street Markets) and recreational areas (Civic Precinct, Central State School) are located even closer. Further, the traditional city centre is only a couple of blocks away which provides access to employment, shops, restaurants, medical and social needs. Public transport is also more available in the CBD than in other parts of the region.
It is considered that the provision of a single space for the one bedroom units is acceptable. However the two bedroom unit should be allocated a higher parking rate. It is considered that a parking rate of 1.25 spaces for the two bed units would be satisfactory. The use of these rates would require the provision of 49 spaces for the two bed units, with 90 for the one bedroom and total provision for the units of 139 spaces. This would then leave 19 spaces for the commercial component and visitors parking. The arrangement is generally supported.
It is considered that a lower parking rate could be accepted given the sites location, on the basis that the applicant provide bicycle facilities for occupants and patrons and upgrade footpaths in the vicinity of the development to facilitate safe and efficient pedestrian movement within the general area. A condition will be applied to the approval detailing the extent of footpath upgrades required in lieu of the provision of parking on site and to require bicycle facilities.
The total parking rate per unit is 1.18 spaces per unit, which is similar to other developments recently approved in the City Centre which have also included a requirement for footpath works in lieu of onsite parking.
PLANNING SCHEME CONTRIBUTIONS POLICIES / INFRASTRUCTURE CHARGES
At the time of approval of the original application, the Mackay City Planning Scheme Contribution Policies were applicable to the application. Contributions for Water Supply, Sewerage, Parkland and Transport Network were applicable.
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However, given the application to amend the approval has been lodged after the adoption of the Infrastructure Charges Resolution and the application lodged is seeking a fairly significant amendment it is considered that the ‘higher standard charges’ are applicable as per Councils’ resolution of 18th July 2011. This will result in the contribution conditions being deleted and an Adopted Infrastructure Charges Notice being issued.
The Adopted Infrastructure Charges Notice will apply charges based on the development being utilised for permanent accommodation. A credit for the existing four allotments is applicable.
INFRASTRUCTURE CONSIDERATIONS
All infrastructure issues have been assessed and conditioned as part of the previous approval. There are no issues in regard to servicing the development.
REFERRAL AGENCIES
There were no referral agencies for this or the original application.
RESOURCES IMPLICATIONS
There are no resource implications for Council as a result of this recommendation.
CONSULTATION
External
Pre-lodgement Meetings were held with the applicant. Feedback was provided to the applicant after Council briefing outlining concerns with the proposal. The applicant has been very co-operative and made changes to the proposal to try to alleviate some of Councils’ concerns.
Internal
The application was discussed on numerous occasions, from prior to lodgement to discussions in relation the draft conditions and application of contributions.
CONCLUSION
The proposed development is considered to be an acceptable development on the subject property, given the zoning of the site and location within the City Centre locality. The proposed changes from the development originally approved are fairly extensive, however they are considered acceptable and appropriate in this instance.
The proposal in question will enhance the role of the MECC and will make a positive contribution to the revitalisation of the CBD.
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Officer Recommendation
THAT Council approve the request for a Permissible Change in relation to DA-2008-776 to permit an amendment FROM: Multi-level, Mixed Commercial, Shop, Catering Shop & Motel Premises (140 rooms) TO: 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) and amend conditions 1 - 2, 13, 15, 18, 20 - 21, 24 - 25, 27 – 31, 37 and Assessment Manager Advice 12 and delete conditions 5 – 10, 12 and Assessment Managers Advice 1 - 3 as part of a Compiled Decision Notice for DA-2007-551/A, as detailed below:
Assessment Managers Conditions:
1. Plan of Development
The approved Multi-level Motel Premises (140) rooms, Commercial Premises, Shop and Catering Shop 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) must be completed and maintained generally in accordance with the Plans of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.
Drawing Number Revision Prepared Date By 618 DA-01 E GGI Architects 10/04/08 618 DA-02 E GGI Architects 10/04/08 618 DA-03 E GGI Architects 10/04/08 618 DA-04 E GGI Architects 10/04/08 618 DA-05 E GGI Architects 10/04/08 618 DA-06 E GGI Architects 10/04/08 618 DA-07 E GGI Architects 10/04/08 618 DA-08 E GGI Architects 11/04/08 618 DA-09 E GGI Architects 10/04/08 618 DA-10 E GGI Architects 10/04/08 618 DA-11 E GGI Architects 10/04/08 618 DA-12 E GGI Architects 10/04/08 618 DA-13 E GGI Architects 10/04/08 618 DA-14 E GGI Architects 10/04/08 618 DA-15 E GGI Architects 10/04/08 618 DA-16 E GGI Architects 10/04/08 618 DA-17 E GGI Architects 10/04/08 618 DA-18 E GGI Architects 10/04/08 618 DA-19 E GGI Architects 10/04/08 618 DA-20 E GGI Architects 10/04/08
Drawing Number Title Prepared by Date 3144_DA-00 Title Page Nettleton Tribe 19.12.2011 3144_DA-01 Ground Level Plan Nettleton Tribe 19.12.2011
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Drawing Number Title Prepared by Date 3144_DA-02 Basement Level Plan Nettleton Tribe 19.12.2011 3144_DA-03 Level 1 Plan Nettleton Tribe 19.12.2011 3144_DA-04 Level 2 Plan Nettleton Tribe 19.12.2011 3144_DA-05 Podium Level Plan Nettleton Tribe 19.12.2011 3144_DA-06 Typical Level Plan Nettleton Tribe 19.12.2011 3144_DA-07 Level 12 Plan Nettleton Tribe 19.12.2011 3144_DA-08 Plant Level Plan Nettleton Tribe 19.12.2011 3144_DA-09 Perspective View Nettleton Tribe 19.12.2011 3144_DA-10 South Elevation Nettleton Tribe 19.12.2011 3144_DA-11 West Elevation Nettleton Tribe 19.12.2011 3144_DA-12 North Elevation Nettleton Tribe 19.12.2011 3144_DA-13 East Elevation Nettleton Tribe 19.12.2011 3144_DA-15 Section A-A Nettleton Tribe 19.12.2011 3144_DA-16 Section B-B Nettleton Tribe 19.12.2011 3144_DA-19 Development Summary Nettleton Tribe 19.12.2011 3144_DA-20 GFA Summary Nettleton Tribe 19.12.2011
2. Amended Plans Required
Prior to the lodgement of Operational Works Approval the approved plans of development must be amended to comply with the following matters:
a) A schedule of external building materials and colours. All external building materials must be non-reflective.
b) The roof floor plan must be amended to show the location of the water break tanks. The water break tanks must not be visible or add additional height to the roof area.
c) The northern and eastern elevations of the podium (Ground floor and levels 1 and 2) must be amended to provide articulation and visual interest as these elevations will be visible above the existing buildings located adjacent to the site. The use of colours, shading and patterns are options to be considered.
d) Provision of a full width awning of the footpath for the full length of the property frontage with Alfred and Macalister Streets. The awnings are to be designed in accordance with ‘S4’ of the Retail and Commercial Code of the Mackay City Planning Scheme.
e) Provision must be made for secure storage of bicycles on site.
f) Provision of footpath works external to the development site must be undertaken in lieu of provision of car parking in accordance with Schedule 2 of the Mackay City Planning Scheme. Full width concrete footpaths (in
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accordance with Council Plan No. A3-989B) must be constructed from the boundary of the development site:
along the eastern side of Macalister Street to Gordon Street, and along the northern side of Alfred Street to Gregory Street.
These works are to be approved as part of the application for Operational Works and completed prior to the commencement of the approved use.
The amended plans must be submitted to Council for endorsement and then will form part of this Development Permit.
3. Amalgamation of Subject sites
The site (Lots 1, 2, 3 & 4 on RP700773) must be amalgamated into one allotment and the Plan of Amalgamation shall be lodged for registration with the Department of Natural Resources and Water prior to the commencement of building work to construct the development.
4. Truncation Required
A standard 4m x 4m truncation on the corner of Alfred and Macalister Streets is required to be provided by the developer and be gazetted as public road reserve.
5. Transport Network Contributions
A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions. The transport network contribution will be applied based on an additional 1,154.48 vehicle movements per day (vpd’s)
6. Parkland Contribution
A parkland contribution must be paid in accordance with the Council’s Policy on Developer Contributions for Parkland. The parkland contribution will be applied based on an additional 216.6 EP’s with a credit of 11.2 EP’s taken into consideration.
7. 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. Headworks will be applied based on an additional 67.35 ET’s.
8. Contributions Payment Timing
All contributions and charges must be paid at the rate applicable at the date of issue of the Operational Works Approval.
9. Infrastructure Agreement
Prior to the issuing of Operational Works Approval, the developer must enter into a Infrastructure Agreement with Council in relation to a partial contribution to the upgrade
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and construction of the Alfred Street and Macalister Street intersection. The agreement will determine the payment and the timing of the partial contribution by the developer in accordance with the Council’s Standard Infrastructure Agreement documentation.
10. Use of Motel
The ‘Motel’ facilities shall be provided for the use of bona fide travellers and not for permanent residential occupation or for multiple dwelling unit use. The length of occupation by any person (other than a direct employee of the operator of the premises) shall be limited to a continuous period of not more than 30 calendar days within any period of 180 calendar days.
The operator of the premises shall do everything practicable to ensure that this condition is complied with. The developer shall not enter any lease arrangement or sell any of the apartments for use other than ‘temporary accommodation’ as defined in this condition.
11. All service equipment, lighting and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant Environmental Protection Act and Regulations.
12. The developer shall make satisfactory arrangements with Council’s Health & Regulatory Services Section regarding the provision of refuse collection services to the development.
13. All refuse bins are to be located in the area identified as “Refuse Room” on approved Plan No. “618 3144_DA-01” December 07 dated 19.12.2011 titled “Ground LevelFloor Plan”. Refuse bins are to be collected by Council’s refuse vehicles via the “Loading Bay” area of the development. This area shall also incorporate a water connection to facilitate wash-down of this area and must be maintained to the satisfaction of Council.
The developer must make satisfactory arrangements with Mackay Water & Waste for the collection of residential and commercial refuse in accordance with Council Policy No. 53 – Waste Collection Services. The arrangements must include the size, type and number of refuse bins, and the method of coordinating the onsite collection of refuse bins.
Refuse bins are only to be moved from the refuse bin storage area on the days that refuse is collected. Refuse bins are to be moved from this area to the designated refuse bin collection point. Once the refuse is collected, all refuse bins must be moved back again to the refuse bin storage area on the days that refuse is collected so as to not impede onsite traffic movement.
It is the responsibility of onsite management to ensure that refuse bins placed at the collection point do not cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.
14. Landscaping Plan
A detailed site and footpath landscaping plan prepared by a qualified Landscape Designer shall be submitted to Council for approval. This plan shall show the type and location of all proposed plant species and the details of the irrigation system. The detailed
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Landscaping Plan shall be submitted to Council for approval at the time of lodgement of the Operational Works application. The Landscaping Plan shall address the following;
a) Footpath and street tree plan (refer Plan A3-989) b) Landscaping around the perimeter of the site (within the site boundaries)
The landscaping shown on the approved plan shall be completed before the development is occupied and shall be maintained thereafter to the satisfaction of Council.
15. Construction of Car Parking Areas
The car parking areas shall be constructed, sealed, linemarked and drained for a minimum of 175 158 car parking spaces in accordance with the approved plan and maintained thereafter. The car parking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS 2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles. Car parks labelled ‘small car’ on the plan of development are to be in accordance with AS/NZS 2890.1 - 2004 Section 2.4. The number of ‘small car’ car parks must be reduced in number. The car parks annotated on the attached plans must be amended to be a standard size car park in accordance with the class defined in this condition and in accordance with AS/NZS 2890.2 – 2004. The Basement Level car park must provide a turnaround area to facilitate exit from the south western area of the building. The developer must submit plans that demonstrate compliance with this requirement condition at the time of lodgement of an application for Operational Works.
16. New Crossings
The developer shall construct the driveway crossover for the accesses to Alfred Street and Macalister Street in accordance with Council’s Standard Drawing PA3-773.
17. Removal of redundant crossings
Any existing vehicle crossings in Alfred and Macalister Streets that are made redundant by this development are to be removed and kerb and gutter continued across to match the existing kerb and guttering at the developers cost.
18. Linemarking of on-street parking
On-street parking bays affected by the development are to be re-linemarked in accordance with the Queensland Government’s Manual for Uniform Traffic Control Devices. Within Alfred Street the proposed drop off bay is to be designated as 5 minute Parking. A short term drop off facility is to be provided as part of the revised on-street arrangements.
19. Car park Lighting Plan
A car park lighting plan shall be provided that demonstrates compliance with the relevant Australian Standard. The plan shall demonstrate that light spillage onto adjoining properties is within the acceptable limits.
20. Maximum Building Height
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The building height shall not exceed 32.5m from the level of the minimum building floor level (6.68AHD) to the underside of the ceiling of the uppermost habitable room of the building. No part of the building or any structures (antennas, aerials, parapets, lift overrun, etc) are permitted to exceed a height of RL 48.9 m AHD.
The applicant is to liaise with the operator of the Mackay Airport to determine if permanent lighting is required to be installed upon the building due to its proximity to the Obstacle Limitation Surface
21. No equipment, antennae’s or the like on roof
There must be no equipment, antennae’s or the like erected on the roof, without further written approval from Council and Mackay Airport Pty Ltd Mackay Port Authority.
22. Drainage for underground car parking areas
Any stormwater entering the underground carparking area shall be collected and pumped to the existing underground stormwater drainage system in Alfred Street.
23. No Ponding of Stormwater
The developer shall ensure that no ponding of stormwater resulting from the development occurs on adjacent sites and that no stormwater formerly flowing onto the site is diverted onto other sites.
24. Water Connection
Water supply connections are to must be to the existing 150mm diameter water main in Macalister Street. Two separate services are required, one for potable water supply and one for fire fighting supply.
The developer must is to seek prior approval from Mackay Water for the connection arrangement for domestic supply, fire sprinkler supply and fire hydrant supply is to be submitted for separate approval by Mackay Water prior to the lodgement of the operational works application.
An internal water supply hydraulic analysis must be submitted as part of the operational works application.
Pumping direct from Council water mains for potable or fire fighting supply is not permitted. Break tanks must be installed.
Water metering must be as follows:
(a) Queensland State Legislation (the ‘Standard Plumbing and Drainage Regulation 2003’, Section 8B) requires compliance with the Queensland Plumbing and Wastewater Code. In particular, the QPW Code requires that ‘The water supply to a meterable premises must be fitted with a device (water meter) to measure the amount of water supplied to the premises’. (b) The developer is responsible for the installation of sub-meters, master meters, AMR technology hardware, meter cupboards and the supply of all equipment
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and materials to the satisfaction of Mackay Regional Council’s Policy 055 ‘Sub Metering (Potable Water Supply)’ and Specification D40 ‘Sub Metering (Potable Water Supply)’. (c) Individual meters (Sub-meters) must be installed to each meterable premises (i.e each meterable premises including common property areas). (d) A Master Meter must be installed at the common entry point into the development. (e) Sub-meters and Master Meters must be fitted with Automatic Meter Reading (AMR) technology. AMR technology consists of a Meter Interface Unit (MIU) fitted to the meter, a Data Concentration Unit (DCU) located remote from the meters in a lockable Cupboard (termed ‘Meter Cupboard’), and the equipment necessary to provide connectivity between the MIU and DCU. (f) The Master Meter and DCU must be located together in a ‘Meter Cupboard’ located at the front of the common entry point to the development such that accessibility from outside the development is maintained at all times.
25. Clearances to Water and Sewerage
Clearance to all water and sewer services must comply with Council’s Policy No. MW16 “Clearances to Water and Sewerage”.
All works within the development must comply with Council Policy MW02 “Building over and adjacent to sewer”.
26. Live Water and Sewer Work
Mackay Water shall carry out all works associated with connecting to existing water and sewer services. The full cost of these works shall be met by the development.
27. New Sewer Main Design
The existing sewer main passing under the basement of the proposed development must be removed and replaced. The final design of the new proposed sewer main proposed to be attached to the basement wall needs to be must be submitted to Mackay Water Council for approval as part of the operational works application. The developer is to seek prior approval from Mackay Water on the pipe material proposed, the type and set up of fitting to the wall and the realignment design prior to the lodgement of the Operational Works application.
28. House Connections
No house connection branches are to be installed on the replacement sewer main within the development. The developer is to seek approval from Mackay Water for the sewer connection point for the development prior to the lodgement of the Operational Works application. The new replaced pipe through the development can not have house connection junctions installed. The connection point for the development will need to be into a 225dia sewer. The two options available are into the existing manhole in Alfred St where the 225dia sewer commences or into a potential new 225dia sewer that may be laid in the future along Macalister and Alfred Streets. The second options is subject to confirmed
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installation dates. The developer is responsible for all associated costs with connection requirements.
29. Cost of redirecting existing house drains
The developer is responsible for all associated costs for the redirection of any existing house drainage connections within the section of pipe to be replaced. The developer is responsible for liaising with impacted property owners to obtain permission to enter their properties and undertake any rectification and remedial work. properties and needs to get permissions from property owners prior to commencing any relocation works. House drain relocation designs are to be submitted The relocation proposal for the properties to the east of the site needs to be an engineered design which is submitted as part of the Operational Works application for approval by Mackay Water. to Council. Compliance with this condition does not negate the need for Council issued Plumbing and Drainage Works approvals where required.
30. Management Plan for Sewerage works
The developer is responsible for submission of a sewerage management plan for the sewerage works that are to be undertaken whilst ensuring to demonstrate ongoing service is maintained to customers affected by the works. supply is maintained to customers. The management plan needs to undertake specify the development of risk assessments and develop work method statements on all works activities to ensure there are no disruptions to customers or spills of sewage that occur. The management plan needs to be submitted as part of the Operational Works application.
The developer shall provide Council with a written advice waiving any rights Council responsibility for clean up works or costs should a break or leak occur on the section of main to be replaced through the development.
31. Stormwater Connections
Stormwater from the north west segment of the site is to be discharge to the existing gully pit in Macalister Street adjacent to the northern boundary of the development site.
Stormwater from the south east segment of the site is to discharge to the existing gully pit in Alfred Street adjacent to the eastern boundary of the development site. (see attached Plan SK1)
The stormwater is to be treated to remove pollutants listed in Mackay City Council’s Stormwater Management Plan for Mackay, Table 6-1d attached), prior to discharging into Council’s stormwater system.
Council’s Stormwater Quality Risk Classification has classified this development as Low Risk. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay Regional Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No. 15.07. As a minimum, a suitable gross pollutant trap is to be provided.
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Stormwater drainage runoff from all carparking areas shall be treated by fitting an approved pollution control system (Stormwater Quality Improvement Device) to prevent solids, contaminents, oils and greases from entering the Council’s stormwater drainage system. The pollution control system is to be installed within the property and maintained by the lot owner.
32. Floor Level – Multi storey building
The finished floor level for the lowest habitable level and the top of vehicular access ramp must be 6.68 AHD. (Q100 + 300mm)
33. Provision of Full Width Footpath
The developer shall provide a full width concrete footpath for the full length of the Alfred Street and Macalister Street frontages of the property. The path shall be constructed in accordance with Councils Standard Drawing A3-989 B (copy attached).
34. Provision of electricity and telephone services
It shall be satisfactorily demonstrated that electricity and telephone services can be provided to the site.
35. Existing Buildings to be removed
All buildings or other structures currently situated on the subject site shall be removed and demolished prior to commence of new building work.
36. Damage to Council’s Infrastructure
Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.
37. Construction Equipment
a. Any construction crane/s with a total height over 10m above natural ground level located on the site must have a light located on the top of the crane. This light must be illuminated at all times immediately after the crane is placed on the subject site.
b. Construction equipment must not penetrate the OLS (Obstacle Limitation Surface) surface, unless written approval has been obtained from the Mackay Port Authority Mackay Airport Pty Ltd Manager at least 10 business days prior to the equipment entering the site.
38. Removal and carting of Soil from the subject site
There the volume of fill material imported to the site or the volume of spoil material exported from the site exceeds 2,500m3, the volume and transport route are to nominated for separate Council Approval. Specific conditions may apply, including contributions towards the cost of accelerated pavement degradation along haulage routes and/or for repairs to haulage routes.
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39. Acid Sulphate Soils
Any areas where the ground surface is less than RL 20.00 AHD must be assessed for acid sulphate soils in accordance with the State planning Policy 2.02. If acid sulphate souls are identified treatment and management measures must be implemented in accordance with State Planning Policy and Guidelines.
40. Maintenance of Development
Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawings(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.
41. Compliance with Conditions
All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.
42. Conflict between plans and written conditions
Where a discrepancy or conflict exists between the written conditions(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.
43. Notice of Intention to Commencement the Use
Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).
44. Registered Engineer
Plans, specifications and schedule of works shall be prepared by a Registered Engineer (RPEQ) and shall be submitted to Council for separate approval. Plans, specifications and schedule of works are required to be submitted and are to accompany the relevant forms and fees in accordance with Council’s Engineering Design Guidelines.
Assessment Manager’s Advice
1. The ‘Commercial Premises’ component of the development is approved in accordance with the definition stated below:
"Commercial Premises" means any premises used as a business office or for other business or commercial purposes. The term does not include a health centre, a home- based business, a local store, a professional office, a service industry, a shop or a showroom as separately defined.
Any proposed use of the Commercial Premises that complies with this use definition will be self-assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.
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2. The ‘Catering Shop’ component of the development is approved in accordance with the definition stated below:
"Catering Shop" means any premises used for preparing and providing food and drink for sale to the public, and includes but is not limited to, any of the following activities:
Café; Espresso Bar; Fast-food Outlet; Kiosk; Milk Bar; Premises specified in a tavern licence or a limited hotel license or other license issued under the Liquor Act including those requiring an outdoor dining permit Restaurant; Snack Bar; Take-away Food Shop; & Tea Room or Tea House.
Any proposed use of the Catering Shop that complies with this use definition will be self- assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.
3. The ‘Shop’ component of the development is approved in accordance with the definition stated below:
"Shop" means any premises used for the display and sale of goods to the public, and for a hairdressing salon, a barber’s shop and a video outlet.
Any proposed use of the Shop that complies with this use definition will be self- assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.
4. Hours of Work
It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30 pm and 6:30 am from Monday to Saturday and at all times on Sundays or Public Holidays
5. Dust Control
It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.
6. Sedimentation Control
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It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.
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. Noise during Construction and Noise in General
It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998
9. 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.
10. Trade Waste Advice
A grease trap must be installed for each individual tenancy of catering shop and shop. It is the owner’s responsibility to ensure that all outlets have a licence to discharge trade waste to sewer prior to any trade waste discharging to the sewer.
11. History of the Site
To reflect the past history of the site, it is encouraged that part of the new development acknowledges this history. For example to acknowledge the ‘Farrellys Store” that was located on this site from 1922. Naming part of the building or erecting a plaque on the façade of the proposed building identifying the site as being the former site of the ‘Farrellys Store’.
12. 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.
Infrastr Catchm Number of Total Calculated Amount of Total
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ucture ent Units/ET’s/ Amount Economic Amount EP’s/VPD Incentive Due
Water city Total ET = 67.35 67.35 ETs x N/A $306,711.90 Supply with credit given for 4554 = 4 ETS $306,711.90 Sewera city Total ET = 67.35 67.35 ETs x ge with credit given for 3162 = N/A $212,960.70 Supply 4 ETS $212,960.70 Parks Motel 1.3 EP x 168 = 218.4 216.6 EP x N/A $232,411.8 rooms 25.2 EP/ha x 3749.4 $1073 Comme m² = 9.4 EP = $232,411.8 rcial Credit given for 4 x land 2.8 EPs use Transp Motel units 336 vpds ort Commercial $393,677.68 Networ 857.52 vpds k Total No 1,154.48 (with 40 concession vpds credit given) 1154.48 vpds x in 341= accordance $393,677.68 $393677.68 with Council’s current Trunk Road Network Policy
12. Adopted Infrastructure Charges Notice
Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and will be issued separately.
Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Hatfield Seconded Cr Perkins
Procedural Motion
Moved that the matter be deferred.
Moved Cr May CARRIED
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8.10 EXTENSION OF 'STIMULUS' PACKAGE FOR STALLED DEVELOPMENT IN THE CBD
Author Principal Planner CBD
Purpose
To seek Council agreement to extend the effect of the ‘Stimulus Package for Stalled Development’ to permit payment of Infrastructure Charges in accordance with the Stimulus Package after it is due to expire.
Background/Discussion
At the Council meeting on 14th September 2011, Council resolved to introduce a ‘Stimulus Package for Stalled Development’ in relation to old residential development (approvals) in the City Centre. This Stimulus Package has the effect of reducing the Adopted Infrastructure Charges for residential approvals to a level more closely aligned with the Planning Scheme Policies for Developer Contributions, which have been superseded by the Adopted Infrastructure Charges Resolution (AICR).
The Stimulus Package was to have effect until 17th February 2012 or until the adoption of the Priority Infrastructure Plans (PIP's), whichever comes first. The PIP is not expected to be adopted until mid year.
On 4th November 2011 Council issued a Compiled Decision Notice in respect to a Request to change an existing approval for a development at 44-52 Victoria Street, Mackay. This Decision Notice granted approval for 72 Multiple Dwelling Units and a commercial component on the site.
The developer of this site has previously advised Council that they intend to proceed with the approval and wish to take advantage of the Stimulus Package by paying the contributions during the life of the Stimulus Package, which would be prior to the ‘normal’ due date for payment of the contributions (due prior to the commencement of the use). The calculated Infrastructure Charge for this development utilising the rates in the Stimulus Package is $1,023,540.
On 28th December 2011, correspondence was received from the developer seeking Council agreement to a ‘payment plan’ for the payment of the contributions. The developer is proposing to pay half of the contribution generated by the development by the end of February 2012, with the balance to be paid at the end of June 2012. The developer is requesting that Council agree to accept the contributions paid at these times at the rates in the Stimulus Package, even though the Stimulus Package would have expired.
Consultation and Communication
Ongoing discussions have been held with the developer in relation to the applicable contribution under the Stimulus Package.
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Resource Implications
Agreement to the developer’s request would result in Council collecting a lesser amount but may ensure the development proceeds. Whether payment is review in February or a few months later, will not affect the 2011/12 Budget.
Risk Management Implications
N/A
Conclusion
Council has recently approved a request to change to the existing approval at 44-52 Victoria Street to align the development with the market. The developer intends to proceed, however is seeking some additional time to make the payment of the Infrastructure Charges. It is considered that the proposed payment plan is acceptable, subject to some stringent timeframes
Officer's Recommendation
THAT Council provide correspondence to the Developer advising that Council is agreeable to the suggested payment plan as outlined in their letter dated 28th December 2011, with the following qualifications:
Payment of the first instalment (50% of contribution or $511,770) must be received by 17th February 2012; and If the second instalment is not received prior to 1st July 2012, the outstanding 50% of the contributions must be paid at the rate applicable at the time of payment (in accordance with the Adopted Infrastructure Charge Resolution and any applicable incentive policy in force at the time).
Council Resolution
THAT Council provide correspondence to the Developer advising that Council is agreeable to the suggested payment plan as outlined in their letter dated 28th December 2011, with the following qualifications:
Payment of the first instalment (50% of contribution or $511,770) must be received by 17 February 2012; If the second instalment is not received prior to 1 July 2012, the amount of $511,770 paid prior to 17 February 2012 will be treated as a down payment and the full amount of infrastructure charges must be paid at the rate applicable at the time of payment (in accordance with the Adopted Infrastructure Charge Resolution and any applicable incentive policy in force at the time); and Building works approval must be obtained prior to 1 July 2012.
Moved Cr Hatfield Seconded Cr Perkins
CARRIED
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8.11 LEASE OF LAND - RSPCA QUEENSLAND - MOUNT BASSETT MACKAY
Author Manager Health & Regulatory Services
Purpose
To consider a request from the RSPCA Qld and Mackay Friends of the RSPCA to lease an area of Council controlled land at Mount Bassett Mackay for the purpose of providing an Animal Care Facility to supplement the existing Animal Pound facilities at that location.
Background/Discussion
Council Officers have been in protracted discussions with representatives of both RSPCA Qld and the current Mackay Friends of the RSPCA Group on the provision of additional facilities in Mackay to support the increasing issue of unwanted animals (dogs and cats) in our Council area.
These discussions have centred around a joint facility where animals collected by Councils Local Laws Officers can be processed either back to their owners, offered for resale to the community under certain conditions or in the case of sick / badly injured or unwanted animals, to be euthanized by a local Veterinary Service provider.
The Mackay Friends of the RSPCA Group have been successfully fundraising for this facility for a number of years now and with the assistance and approval of RSPCA Qld, have reached the point where a purpose built facility can now be realised.
This building will also provide a permanent work area for the current District Inspector of the RSPCA in the Mackay Region.
The Friends of the RSPCA have utilised a member of the group who is a registered building designer to prepare the building design and provide cost estimates for the structure with input from Council Officers and RSPCA Qld. and incorporates designs utilised at the new RSPCA facility in Wacol Brisbane.
Initially, it was considered that a joint building housing animals which have been collected by Council Local Laws Officers could be utilised to provide total animal processing functions however this has been discounted as animals are impounded without vet checks in the interest of time and safety to the Community and to remove this isolation will increase the possibility of animal diseases to be spread.
The new proposed arrangements will see animals taken to the pound and assessed and vet checked before transferring to the new RSPCA facility for re-homing.
It is intended that the RSPCA Facility be open to the public as much as possible, particularly on weekends , and will be staffed by the RSPCA.
Council has been asked to assist with site establishment and provision of services to the facility and this is considered reasonable, given the positive assistance this facility will provide for Council and the community generally.
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Council has provided funds to upgrade the current Pound facilities over the current year and 2012/13.
Preliminary plans and estimates for the upgrading of Councils Pound Facility are currently being prepared and will be submitted to Council for separate approval.
Whilst the 2 facilities will be run separately , it is envisaged that there may be a future opportunity for the whole operation to be run by the one Group (i.e. RSPCA) with Council concentrating on its statutory regulatory responsibility (i.e. responding to animal complaints).
The area required for the new RSPCA facility is shown on the attached plan.
The land on which this and Councils Pound is situated is Reserve Land (Public Purposes) with Land Use Description being Animals (with Buildings).
The proposed lease would take the form of a Trustee Lease between Council and the RSPCA Qld with a requested period of 30 years.
Contact has been made with the an officer from the Department of Environment and Resource Management who indicated that the proposed use would fit with the intention of the Reserve and that a separate Management plan for the area would not be required.
Discussion has also been held with Councils Development assessment- Planning officers who indicated that the current land use rights would cover the intended usage which is effectively an extension of the current pound facilities.
Consultation and Communication
Officers have discussed this with other relevant Council programs (Property Services, Development Assessment - Planning), RSPCA Qld, the Mackay Friends of the RSPCA Group, Officer from DERM Mackay.
Resource Implications
All costs incurred in respect to the preparation and lodgement of the lease document will be borne by Council.
Risk Management Implications
The risk to Council in not extending the animal management services it currently provides and reinforce the need for responsible pet ownership will result in increased potential for unwanted animals and community safety issues for the residents.
Conclusion
Given the need for the provision of increased animal management services in the Mackay region and the availability of this land in close proximity to the current Pound facilities, the provision of this lease to the RSPCA will greatly assist Council in meeting its community service obligations in this regard.
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Officer's Recommendation
THAT Council approve the creation of a Trustee Lease over the current Reserve land for Public Purposes to allow the RSPCA Qld to establish its Animal Care Facility as proposed.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr Comerford
CARRIED
8.12 MATERIAL CHANGE OF USE - CARAVAN PARK (27 RELOCATABLE CABINS) - CYRE GROUP PTY LTD - 7/12 PENINSULA DRIVE, HAY POINT (DA-2011-37)
DA-2011-37 Application Number:
28 February 2011 Date Received:
Josephine McCann Action Officer:
Cyre Group Pty Ltd Applicant’s Details: c/- Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740
Caravan Park (27 Relocatable Cabins) Proposal:
7-21 Peninsula Drive, Hay Point. Site Address:
Lots 10-17 on RP886080 Property Description:
Peninsula MACKAY Development Pty Ltd Owner’s Details:
6506m2 Area: Sarina Shire Council Planning Scheme 2005 Planning Scheme:
Planning Scheme Designations: Locality: Village Precinct: Zone: Impact Assessment Level:
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Six properly made submissions Submissions: One Petition (258 Signatories)
Referral Agencies: Concurrence and Advice :-
Department of Environment and Resource Management.
Attachments: Attachment A: Locality Plan Attachment B: Proposal Plan Attachment C: Referral Agency Response
Recommendation: Approved Subject to Conditions / Refused
ASSESSMENT OF APPLICATION
Purpose
This application involves a Material Change of Use to allow for the construction of a “caravan park” consisting of 27, 2 bed roomed relocatable cabins and a reception/managers residence over 8 allotments known as 7-21 Peninsula Drive, Salonika Beach. The application is Impact Assessable; however a proposal for a caravan park under the Sarina Shire Planning Scheme is stated to be a consistent use in the Village zone.
“Caravan Park” is the appropriate definition for this proposal, as it allows for the development of cabins and relocatable homes as well as caravan sites and areas for pitching tents. The definition permits the sites to be used for both short or long term residents and the travelling public.
Six properly made submissions, one petition and one not properly made submission was received by Council during the notification period, highlighting significant community opposition.
The proposal has been approved subject to conditions by the Department of Environment and Resource Management both as a concurrence agency and as an advice agency.
The application is recommended for approval subject to conditions because the Planning Scheme accommodates the development.
Subject Site and Surrounds
The site consists of 8 allotments, Lots 10-17 on RP886080, located at the southern end of Peninsula Drive with a combined area of 6506m2. The site has a road frontage of approximately 160m and an average depth of 40m. The land is vacant and fairly overgrown despite having been previously cleared for residential development. The site is located adjacent to the Sea Eagles Resort to the North, a dwelling house to the south, open space to the east (Salonika Beach) and there are dwelling houses to the west across Peninsula Drive.
Pre-existing Development Permit
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The Sarina Shire Council issued a Negotiated Decision Notice on 16 December 2004 for a Conference Centre and 42 X 2 Bed roomed Accommodation Units in response to an application lodged with the Council on 16 January 2004. According to Council records 154 properly made submissions were received during the public notification period for this application. The application was decided by a full Council meeting on 25 October 2004 and the Negotiated Decision Notice by a full Council meeting on 13 December 2004.
On 7th June 2007, an application to Change an Existing Approval was lodged with Sarina Shire Council. The main change was the removal of the Conference Centre.
The Sarina Shire Council issued a Decision Notice approving the 47 Units and Caretakers Residence on 23 October 2007 under MCU-00046.
The applicant requested an extension to the relevant period on 14 November 2008. The extension was granted by the Mackay Regional Council, extending the relevant period to 16 June 2010. On 7 June 2010, Council received another request to extend the relevant period and this time the extension was granted but only until 16 December 2010. This approval is now considered to have lapsed.
On 28 February 2011, this application DA-2011-37 for 27 relocatable homes and caretakers’ residence was lodged with Council after the applicant’s consultant sought prelogedment advice from Council officers on 18 January 2011On
The lapsed approval over the site (MCU-00046) issued by the Sarina Shire Council had not been commenced however, below is a comparison between the lapsed approval and this proposal:-
MCU-00046 Approval Proposed Development Use Multiple Dwelling Units Caravan Park Number of 47 Units 27 Relocatable Homes Units/Cabins Density 1/138sqm 1/240sqm Site Cover 31.16% 27.5% Height 3 Storeys Single Storey Car Parking 62 spaces 43 spaces Crossovers 4 2
Proposal
The proposal seeks a development permit to allow for the construction of a caravan park consisting of 27, 2 bed roomed relocatable cabins/homes, a reception area/managers residence and associated infrastructure. It is proposed that the development will take place in two stages with Stage 1 covering the northern end and Stage 2 covering the southern end of the site.
The single storey cabins will include private bathrooms and deck areas. Associated infrastructure to support the proposal includes recreational facilities such as a BBQ area and communal pool. The manager’s office (2 storeys but under 6.5m in height) and the maintenance facilities which include a separated garage, garbage storage area and service court
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area, will be located to the front of the site. The proposal provides for extensive landscaping which will be aesthetically pleasing.
The site is currently serviced by all necessary services and infrastructure excluding sewage connection. It is proposed to implement an on-site sewage treatment system for the development.
REGIONAL PLAN
The draft MIW Regional Plan released on 31 May 2011 has identified Salonika Beach, Hay Point, including this site, as within the “Urban Footprint”. The proposed development is therefore consistent with the Regional Plan.
PLANNING SCHEME ASSESSMENT
The subject site is zoned Village under the Sarina Shire Planning Scheme and affected by the following Overlays:-
Conservation Areas Overlay Natural Hazards Management Areas Overlay
In addition to the above Overlay Codes, the application would be assessable against the following Codes of the Planning Scheme:-
Village Zone Code Caravan Parks Code
Definition
Under the Sarina Shire Council Planning Scheme a Caravan Park is defined as:-
“means the use of premises for the parking of caravans, relocatable homes, the pitching of tents, the use of cabins where ancillary to the caravan park use, for the travelling public or long-term residents. The term includes any manager’s office or residence, shop, amenity buildings and recreation and entertainment facilities which cater exclusively for the occupants of the caravan park”.
Overall Outcomes for the Village Zone
The overall outcomes sought for the Village Zone include the following:
(f) Salonika Beach accommodates detached housing, a resort/motel and a retirement village; (k) New development in the Village Zone is consolidated within existing nodes;
Comment: - The proposal complies with the overall outcomes for the Village Zone, in particular for Salonika Beach.
Overall and Specific Outcomes for the Caravan Parks Code
(1) The overall outcome is the purpose of the Caravan Parks Code.
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(2) The overall outcome for the Caravan Parks Code is to facilitate the development of caravan parks for short term accommodation and for long term residency that:
(i) Ensure a high standard of health, safety and amenity for visitors and residents; (ii) Have minimal impact on the amenity and character of an area; and (iii) Reduce risk to ecological values of the area to acceptable levels.
Comment: - The proposal complies with all overall and specific outcomes of the Caravan Parks Code. The proposal, in fact, provides for a less intensive density than what the Code allows for i.e., 1 relocatable home per 120m2 of site area. The proposal seeks approval for a density of 1 home per 240m2.
Overlay Codes
The site is affected by the:-
1. Conservation Areas Overlay
Remnant Vegetation (of concern” in the south-east corner of the site) - The site had previously been cleared for residential development. The subject site is in fact vacant and does not contain remnant vegetation. Aquatic Habitat (Turtle nesting) - The site is adequately set back and the proposed fencing will ensure there is no impact to any turtle nesting areas beyond the site.
2. Natural Hazards Management Areas Overlay
Bushfire (Low) – The site has previously been cleared for residential development and is currently vacant. Erosion Prone Areas (110 BPA Buffer M) – The site adjoins an erosion prone area and land was set aside for the erosion prone purposes as part of the subdivision when the lots were created. Houses have been constructed on some of these lots and a building line has been established. This development will continue on the existing building line.
ADOPTED INFRASTRUCTURE CHARGES
Infrastructure Charges would be levied in accordance with the Adopted Infrastructure Charges Resolution on the basis that the cabins are for permanent occupation.
INFRASTRUCTURE CONSIDERATIONS
Water & Sewer
The developer will be responsible for providing infrastructure connections to the site. The development will be able to access Council’s reticulated water supply which is already available. Waste water treatment and disposal will be provided by an on-site treatment and disposal system.
The Department of Environment and Resource Management has issued an approval for the proposed treatment and disposal system.
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Stormwater
The site-based stormwater management plan provided in response to Council’s Information Request must be revised to demonstrate that the proposed stormwater quality treatment does not conflict with the on-site effluent disposal system.
Roadworks
Peninsula Drive is a standard 8m wide kerb to kerb street within a 20m road reserve. It is more than adequate for the traffic generated by the existing residential purposes and the proposed caravan park.
REFERRAL AGENCIES
The Department of Environment and Resource Management was the only referral agency (as both a concurrence and advice agency) for the proposal; triggered for:-
Concurrence:-
Coastal Management District and ERA 63 for Sewage Treatment
Advice:-
Wetland Management Area and Great Barrier Reef (A Marine Park under the Marine Parks Act 2004).
The application was referred to the DERM on 28 March 2011, who issued an Information request as Concurrence Agency on 19 April 2011. The applicant provided a response to the department’s Information Request on 16 September 2011 and an approval subject to conditions, dated 13 October 2011, was issued by this department.
SUBMISSIONS
The application was publicly notified in accordance with the requirements of the Sustainable Planning Act 2009. Six properly made submissions, one petition and one not properly made submission was received by Council during the notification period. The submissions and petition received, expressed opposition to the proposal. The principal concerns raised from the submissions are summarised and discussed below.
1. Increased Traffic / Decreased Road Safety
Additional Traffic will increase noise, decrease road safety and including speeding.
Applicant’s Response:
The expected traffic from the development is approximately 60 vehicles per day. The increase in traffic due to the development is not substantial. Total traffic generation including the
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development would be 210 vpd, based on 23 allotments @ 6.5 vpd, plus 27 cabins @ 2vpd, and 1 residence @ 6.5 vpd). Traffic generation will be within the design capacity of the local road network.
Officers Comments:
Number of lots and rates of vehicles per day, provided by the developer do not correlate with those used by Council. Traffic would be slightly higher, by 34 vpd, with the development as opposed to normal residential homes. Traffic generated post-development is 324 vpd, based on 21 allotments (Lots 18-22 RP886080, Lot 29 RP886080, and Lots 32-46 RP886080) @ 10 vpd plus 27 cabins @ 4vpd, and 1 residence @ 6 vpd.
Traffic generated pre-development is 290 vpd, based on 29 allotments (Lots 10-22 RP886080, Lot 29 RP886080, and Lots 32-46 RP886080) @10 vpd. Traffic would be slightly higher, by 34 vpd, with the development as opposed to normal residential homes. The increase would not exceed the capacity of the hierarchy of the existing road type, ie Local Access Road.
2. On-Site Sewerage Treatment
The on-site treatment plan and associated irrigation would increase run-off from the site into Council’s stormwater system, or could have a detrimental effect to the coastal environment.
Applicant’s Response:
The proposed system will treat effluent to A-class standard suitable for irrigation direct to ground. An area of 2400m2 has been identified for disposal. The system complies with the On- site Sewerage Code and has been approved by DERM as a Concurrence Agency to the application.
Officers Comments:
DERM have covered this issue in their Concurrence Agency Response (Permit SPCE01753211, Condition C2). Conditions contained in the Permit indicate the development must not release any contaminant to waters, a roadside gutter, or stormwater drainage. This means all irrigation areas must be separated from the Stormwater Drainage System.
3. Flooding / Inadequate Stormwater Drainage
The existing Stormwater Drainage System is undersized for the size of the development which could cause localised flooding. Also contaminants in the stormwater run-off from the site may damage the coastal environment.
Applicant’s Response:
A Site Based Stormwater Management Plan (SBSMP) has been prepared by UDP Consulting Engineers in support of the application. In particular, it is noted that the stormwater management system includes individual rainwater tanks for the cabins, which will serve a function of stormwater detention.
Detention can be provided by installation of additional storage incorporated in roof water tanks, or by storage tanks constructed under the car park. Detailed design of the required
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systems will be undertaken in the Operational Works approval process.
In extreme storm events, stormwater discharge from the development will be insignificant in comparison to the volume of water backing up from downstream, (eg at high tide during a flood event).
Officers Comments:
Council can condition an approval to the effect that all stormwater must be detained (have a non-worsening effect), or alternatively, the existing system upgraded to accommodate the increased flows.
In addition, an amended SBSMP must be submitted with an Operational Works application which must be integrated with the sewer management plan so SQIDs and irrigation areas are kept separate, in accordance with DERM’s Concurrence Response.
In the SBSMP, provided in the IR response, UDP identify the front of the site adjacent to the verge as areas for both sewer irrigation and as vegetated swales as SQIDs.
This does not comply with conditions contained in DERM’s approval which states, suitable banks or diversion drains must be installed and maintained to exclude stormwater run-off from areas used for effluent irrigation. This means all irrigation areas must be separated from the SWD system, and the irrigation system must not contribute to stormwater flows.
4. Erosion
Any increase of stormwater drainage would result in accelerated erosion behind 29 & 31 Peninsula Drive, threatening homes.
Applicant’s Response:
As detailed in the DERM Concurrence Agency response (Coastal Management District), the development has been surveyed as outside of the erosion prone area.
The legal point of discharge is the kerb and channel along the site frontage. Stormwater impacts beyond the legal point of discharge are not the responsibility of the applicant.
Officers Comments:
DERM have covered the issue of erosion caused by the development in their Concurrence Agency Response.
Council can include a condition that requires the developer to either provide onsite detention to ensure stormwater flows are kept to pre development flows or alternatively, the developer can upgrade the existing stormwater system to accommodate the increased flows. If the applicant chooses the second option, the existing outlet into Breen Creek would need to be upgraded to match the increase flows.
5. Use of Facility by Transient Workers.
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The relocatable homes are being built for workers at Hay Point.
Applicant’s Response:-
The proposal is consistent with the planning scheme definition for a Caravan Park, which includes cabins ancillary to the caravan park use and which will be available for use by the travelling public or long-term residents. The term includes a manager’s residence and other ancillary facilities for exclusive use of the tenants.
Officers Comments:-
The design and style of accommodation proposed in this development is not ideal for workers accommodation but could be used for long-term residents.
6. Impact on Lifestyle/ Valuation of Properties
The caravan park with demountable buildings will be detrimental to the lifestyle and investment of current residents. The change of zoning will be unfavourable to residents.
Applicant’s Response:
A caravan park is a form of residential use and is consistent in a residential area. It is noted that the development adjoins another tourist facility to the north.
Impact on investment / valuation is not a relevant planning consideration. The proposed development will not affect the zoning of the land.
Officers Comments:
A proposal for a “Caravan Park” in the Village Zone in this location is a consistent use. Valuation is not a relevant planning consideration and the zoning of the land is not changing.
7. Flat Backed Turtles
Additional Beach Access would have a harmful effect to the turtle colonies during nesting season
Applicant’s Response:
As a concurrence agency DERM have approved the development, indicating acceptance that the development will not cause substantial detrimental impacts to the adjacent coastal area.
Officers Comments:
The application nominates an indicative position for an access path to the beach, through the Esplanade, but does not include a location and length of the path, nor does it make application to formalise this access path over crown land to the beach. While DERM in their Permit SPCC01753311, Condition 3, indicates an approval via the designated access track, Condition 2 indicates that no development works (including Op Works, clearing, excavation, filling etc)
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may take place beyond the property boundary. There is no designated access track and to formalise a beach access would require a separate approval. Appropriate referrals could then be undertaken and dealt with once the scale of any works is known, should the developer wish to pursue that option.
The issues raised in the submissions are not considered sufficient to warrant refusal of the application.
RESOURCES IMPLICATIONS
There are no direct resource implications for Council as a result of this recommendation.
CONCLUSION
In summary, the application is recommended for approval on the grounds that the proposal is supported by the Sarina Shire Council Planning Scheme and Policies. The development can be seen as “resort style” accommodation which is in keeping with the resort adjoining the site to the north. The design and scale of the development, predominantly low set, is pleasing to the streetscape and the amenity of the area.
The structures and ancillary uses are deemed to comply with specific of the codes and where not, can be conditioned.
Officer Recommendation
A. THAT Council approve the application for a Material Change Use for a Caravan Park on land known as 7-21 Peninsula Drive, Hay Point or more formally described as Lots 10-17 on RP886080, subject to the following conditions:
1. Plan of Development
The approved Caravan park 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.
Title Drawing Prepared by Date Number Site Locality Plan and Aerial RD10102 - 01 RD Raymond Design 25-11-10 Photo 3D Aerial Views RD10102 - 02 RD Raymond Design 25-11-10 Site Plan Existing Condition RD10102 - 03 RD Raymond Design 25-11-10 Site & Analysis Plan & D RD10102 - 04 RD Raymond Design 25-11-10 Site Plan Part A RD10102 - 05 RD Raymond Design 25-11-10 Site Plan Part B RD10102 - 06 RD Raymond Design 28-04-11 Site Plan Part C RD10102 - 07 RD Raymond Design 28-04-11 Open Space Plan RD10102 - 08 RD Raymond Design 28-04-11 Landscape Intent – Part A RD10102 - 09 RD Raymond Design 25-11-10
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Title Drawing Prepared by Date Number Landscape Intent – Part B RD10102 - 10 RD Raymond Design 28-04-11 Landscape Intent – Part C RD10102 - 11 RD Raymond Design 28-04-11 Waste Management Plan RD10102 - 12 RD Raymond Design 28-04-11 Waste Management Plan RD10102 - 13 RD Raymond Design 28-04-11 Manager’s Office Floor Plans RD10102 - 14 RD Raymond Design 25-11-10 Managers Office Elevations RD10102 - 15 RD Raymond Design 25-11-10 3D Perspectives RD10102 - 16 RD Raymond Design 25-11-10 Pool Gazebo RD10102 - 17 RD Raymond Design 25-11-10 Pool Gazebo Elevations RD10102 - 18 RD Raymond Design 25-11-10 Typical Cabin RD10102 - 19 RD Raymond Design 25-11-10 Typical Cabin Elevations RD10102 - 20 RD Raymond Design 25-11-10 PWD Cabin RD10102 - 21 RD Raymond Design 25-11-10 PWD Elevations RD10102 - 22 RD Raymond Design 25-11-10 Pathway View RD10102 - 23 RD Raymond Design 25-11-10 Staging Plan RD10102 - 24 RD Raymond Design 25-11-10 Two Bed Cabin Concept RD10102 – RD Raymond Design 03-08-11 CON-01 A
2. Amalgamation of Allotments
Lots 10-17 on RP886080 must be amalgamated into one allotment prior to lodgement of application for an Operational Works Development Permit.
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, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.
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 the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).
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7. Damage
Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.
8. Compliance with Council Standards
All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.
9. Minimum Car Parking Spaces
The car parking area must be constructed, sealed, linemarked and drained for a minimum of 43 car parking spaces in accordance with the approved plan and maintained thereafter.
10. Protection of Landscape areas from Carparking
The landscaped areas adjoining the car parking area must be protected from vehicles by a 125 mm high vertical concrete kerb or similar obstruction.
11. Vehicle manoeuvring
All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.
12. Car parking for disabled persons
A minimum of 2 car spaces must be provided for the exclusive use of disabled persons. The car space(s) must be provided as close as practicable to a suitable entrance of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons.
13. 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.
14. Electricity and Telecommunications Services
The approved development must be provided with electricity and telecommunications infrastructure.
15. Beach Access
As there is no formalised access to the beach, no access to the esplanade will be permitted without separate approval from Council and the Department of Environment Resource Management.
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16. Access
Invert crossings and concrete driveways must be constructed in accordance with Council’s Standard Drawing No. A3-773.
17. 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.
18. 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.
19. Lighting of Car park areas
Install and maintain a suitable system of lighting to illuminate car parking areas. The car park lighting system and any other outdoor lighting, must comply with Australian Standard No. AS4282 – Control of the obtrusive Effects of Outdoor lighting.
20. Floor Level
The minimum habitable floor level of the proposed development must be the higher of:
300mm above the top of kerb 225mm above ground level a level which allows the connection of all sanitary fixtures to the designated sewer connection point by means of sanitary drainage which complies with AS3500.
21. Landscape Plan Required
A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and 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.
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Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.
22. Maintenance for Landscaping within Road Reserve
All landscaping works undertaken within Council’s Road Reserve must be maintained for a 12 month period. An inspection of the landscaping works will be undertaken at this time to determine if landscaping works are acceptable to Council. If the works are acceptable then the landscaping works are to handed over to Council. If the landscape works completed is unsatisfactory then the maintenance period will be extended.
23. Completion of Landscaping
All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site.
24. Advertising Sign Approval
No advertising sign or advertising device must be erected without Council approval. A separate application to Council under Subordinate Local Law 1.4 2011will be required to be made to seek approval of the signage/advertising device.
25. Control of Light Spill
External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority.
26. Security Lighting
Security Lighting on the subject site must be turned off at 9 pm and then activated via movement sensors after that time.
27. Fencing
An acoustic screen fence with a 2m height must be constructed on the northern and southern boundaries to ensure the privacy and amenity of adjoining properties is maintained.
Fencing along the eastern boundary of the property must have a minimum height of 1.5m and consist of a visually permeable material (such as ‘pool’ fencing) to ensure that surveillance of the adjacent esplanade areas is maintained.
28. 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.
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29. 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.
30. Site Based Stormwater Management Plan - High Risk
Council’s Stormwater Quality Risk Classification has classified this development as ‘High Risk’ as defined by Mackay City Council’s Engineering Design Guidelines - Soil and Water Quality Management – Planning Scheme Policy No.15.07.
An amended SBSMP must be submitted to Council for approval at the time of submission of the Operational Works Application, and must be integrated with the on-site effluent disposal plan. Stormwater Quality Improvement Devices must be located within the site and must operated & maintained by the property owner.
31. Site Drained
The site must be drained in accordance with Council’s Stormwater Drainage Policy to an approved lawful point of discharge, which is nominated as the outlet to Breen Creek, adjacent to existing Lot 20, via the existing stormwater system in Peninsula Drive.
The developer must either upgrade the storm water drainage system in Peninsula Drive or provide on-site detention.
The upgrading must be designed to accommodate the increase runoff as the fully developed site will have a higher impervious area than the originally proposed 8 residential lots. The upgrade of the existing stormwater system must include an upgrade of the outlet into Breen Creek.
The on-site stormwater detention must be designed so that, when the site is fully developed, the peak discharge, for a range of ARI events as per QUDM, will not exceed the existing situation. A detailed design of this system is to be submitted as part of an Operational Works Application.
32. Water Connection
The proposed development must be serviced by an adequately sized connection from the existing reticulated water main in Peninsula Drive, for potable and fire- fighting requirements.
33. Live Connections
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Council’s Water and Waste Services Department is to carry out all water connection work and services at the developer’s expense.
34. No Nuisance to adjoining properties
All service equipment, lighting and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties.
35. Outdoor Storage
The outdoor storage of any equipment or material and any service area shall be aesthetically screened so as not to be visible from Peninsula Drive.
36. Turtle friendly Lighting
Any external seaward facing lighting must designed to be ‘turtle friendly’.
ASSESSMENT MANAGER’S 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 audible 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
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It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.
6. 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.
7. Contaminated Land
It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Resource Management, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.
8. Adopted Infrastructure Charges Notice
Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and will be issued separately.
Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.
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Council Resolution
THAT the application be refused.
The grounds for refusal are:
The caravan park use applied for, does not include caravans and is not consistent with the intention and definition for a caravan park for this zone; The permanent use identified for the relocatable homes in the caravan park have the potential to be used as a non resident workers accommodation camp, which is an unacceptable use in this location; The application attracted many submissions, which indicate the communities concerns for the proposed used in this area detrimentally affecting the amenity of the locality; and The use is inconsistent with the village residential zone.
Moved Cr Hatfield Seconded Cr May
Procedural Motion
That the report be deferred until the meeting of 1 February 2012.
Cr Perkins
CARRIED
9. CONSIDERATION OF COMMITTEE REPORTS:
9.1 The Minutes from the Sustainable Futures Advisory Committee held on 14 November 2011 have previously been adopted by Council.
9.2 DRAFT MINUTES RURAL AFFAIRS ADVISORY COMMITTEE
Author Director Community Services
Purpose
Attached is a copy of the draft Rural Affairs Advisory Committee minutes of 15 December 2011 for information purposes.
Officer's Recommendation
THAT the minutes be received.
MIN/25.01.2012 FOLIO 19717 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr May Seconded Cr Cameron
CARRIED
9.3 DRAFT MINUTES MACKAY MATSUURA SISTER CITY ADVISORY COMMITTEE
Author Manager Community Development
Purpose
Attached is a copy of the draft minutes of the Mackay Matsuura Sister City Advisory Committee meeting held 12 December 2011, for information purposes.
Officer's Recommendation
THAT the minutes be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Perkins Seconded Cr Steindl
CARRIED
10. RECEIPT OF PETITIONS:
10.1 RECEIPT OF A PETITION RE HALF YEARLY RATE ASSESSMENTS FOR CARLYLE GARDENS RETIREMENT VILLAGE
Author Chief Executive Officer
Purpose
A petition was received by Council regarding the half yearly rate assessments for Carlyle Gardens Retirement Village.
MIN/25.01.2012 FOLIO 19718 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Background/Discussion
In terms of Council’s Standing Orders Council has three options with regard to Petitions that are tabled and these are;
the petition be received and consideration stand as an order of the day for the meeting; or for a future meeting; or the petition be received and referred to a committee or officer for consideration and a report to the local government; or the petition not be received.
The petition meets the requirements as per the Standing Orders, in that it is legible and has more than 10 signatures.
Consultation and Communication
That the petitioners, through their representative, be informed in writing of Councils decision.
Resource Implications
NIL.
Risk Management Implications
NIL.
Conclusion
It is proposed that Council consider the action it wishes to take with regard to the Petition ie;
the petition be received and consideration stand as an order of the day for the meeting or for a future meeting or the petition be received and referred to a committee or officer for consideration and a report to the local government the petition not be received.
Officer's Recommendation
THAT Council receive the petition and refer it to the CEO for action/response.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Camilleri Seconded Cr Casey
CARRIED
MIN/25.01.2012 FOLIO 19719 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
10.2 RECEIPT OF A PETITION RE MEMORIAL COMMUNITY SWIM CENTRE
Author Director Community Services
Purpose
A petition was received by Council regarding the proposed closure of the Memorial Pool.
Background/Discussion
In terms of Council’s Standing Orders Council has three options with regard to Petitions that are tabled and these are;
the petition be received and consideration stand as an order of the day for the meeting; or for a future meeting; or the petition be received and referred to a committee or officer for consideration and a report to the local government; or the petition not be received.
The petition meets the requirements as per the Standing Orders, in that it is legible and has more than 10 signatures.
Consultation and Communication
That the petitioners, through their representative, be informed in writing of Councils decision.
Resource Implications
Nil.
Risk Management Implications
Nil
Conclusion
It is proposed that Council consider the action it wishes to take with regard to the Petition ie;
the petition be received and consideration stand as an order of the day for the meeting or for a future meeting or the petition be received and referred to a committee or officer for consideration and a report to the local government the petition not be received.
MIN/25.01.2012 FOLIO 19720 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Officer's Recommendation
THAT Council receive the petition and refer it to the CEO for action/response.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr May
CARRIED
11. TENDERS:
Nil
12. CONSIDERATION OF NOTIFIED MOTIONS
Nil
13. LATE BUSINESS:
Nil
14. PUBLIC PARTICIPATION:
Nil
15. CONFIDENTIAL REPORTS:
Cr Hatfield declared a real conflict of interest (as per section 173 of the Local Government Act 2009) on this matter due to personal conflict of interest and left the room at 11.25 am, taking no part in the debate or decision of the meeting.
Voting then recorded as per usual.
MIN/25.01.2012 FOLIO 19721 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
15.1 SALE OF LAND FOR ARREARS OF RATES
Council Recommendation
THAT sale action under Section 95 of the Local Government Act 2009 & Section 74 of the Local Government (Finance, Plans and Reporting) Regulation 2010 be approved to recover overdue rates on Assessment Number 13021-1.
Moved Cr Steindl Seconded Cr Casey
CARRIED
11.26 am - Cr Hatfield returned to the Meeting Chamber.
15.2 SWRF - LEGAL AGREEMENT WITH THOMSETTS
Council Recommendation
THAT Council approves the signing of this legal agreement which in effect provides compensation, $56,000 for the costs involved in relocating the Thomsett’s proposed dwelling.
Moved Cr May Seconded Cr Comerford.
CARRIED
MIN/25.01.2012 FOLIO 19722 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
15.3 IMPLEMENTATION OF THE PROPOSED OPEN SPACE DEVELOPMENT OF THE NORTHERN BANK FOR THE PIONEER RIVER (BETWEEN CREMORNE AND FOULDEN)
Council Recommendation
THAT Council resolves to:
A. Proceed with the planning for the North Bank project as part of the evolving Open Space Strategy.
B. To purchase properties within the North Bank study area with particular attention to the freehold titles in Cremorne on a case by case basis with funding identified on each occasion.
C. That consideration be given in the 2012/13 Budget to the establishment of a strategic property acquisition programme with funding from the disposal of surplus Council land.
Moved Cr Perkins Seconded Cr Walker
CARRIED
15.4 DEVELOPMENT SERVICES MONTHLY APPEALS REPORT - MONTHS ENDING 30 NOVEMBER 2011 AND 31 DECEMBER 2011
Council Recommendation
THAT the report be received.
Moved Cr Hatfield Seconded Cr Walker
CARRIED
MIN/25.01.2012 FOLIO 19723 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
15.5 PLANNING AND ENVIRONMENT COURT APPEAL NO.4765 OF 2011 - EASTPOINT MACKAY PTY LTD - EAST POINT DRIVE, MACKAY (DA- 2002-92)
Council Recommendation
THAT the Chief Executive Officer and Director Development Services be delegated to:
A. Retain legal representation and appropriate experts as required.
B. Settle the appeal in consultation with the Mayor and/or Planning Portfolio Councillor should an acceptable solution arise.
Moved Cr Hatfield Seconded Cr Cameron
CARRIED
15.6 PLANNING & ENVIRONMENT COURT APPEAL NO. 4982 OF 2011 - ADAM DEGUARA - 215 DUNROCK ROAD, DUNROCK (840149-002-DA- 2011-22)
Council Recommendation
THAT the Chief Executive Officer and Director Development Services be delegated to:
A. Retain legal representation and appropriate experts required.
B. Settle the appeal in consultation with the Mayor and/or Planning Portfolio Councillor should an acceptable solution arise.
Moved Cr Hatfield Seconded Cr Casey
CARRIED
16. MEETING CLOSURE
The meeting closed at 11.26 am.
MIN/25.01.2012 FOLIO 19724 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
17. FOR INFORMATION ONLY
17.1 DEVELOPMENT APPLICATION INFORMATION 05.12.11 TO 11.12.11
For Council Information Only - No Decision Required
DEVELOPMENT APPLICATIONS RECEIVED
Development Applications Received 05.12.11 to 11.12.11
App no Code/ Address Applicant Description Officer Impact ROLC- Code 4-10 Creek Street, RPS Group 1 Commercial Lot into 2 Lots Matthew 2011-308 WALKERSTON (Mackay) Pty Ltd Ingram ROLC- Code 923 Stockroute Road, Darren J North Boundary Realignment 3 Rural Julie Brook 2011-309 GREENMOUNT Lots into 3 Rural Lots CON- 14 Yatay Street, RURAL Building Approvals Building Work - Boundary Simon 2011-298 VIEW & Consultancy Pty Setback for House Halcrow Ltd CON- 8 Lilian Avenue, EIMEO Michael Ross Building Work - Boundary Julie Brook 2011-299 Certification Pty Setback for House Ltd MCUC- Code 7-11 Merchant Street, Coolshine Pty Ltd General Industry (Pump Supply Matthew 2011-311 PAGET and Maintenance) Ingram MCUC- Code 41 Gregory Street, MACKAY Cotherstone Pty Dwelling House 2011-312 Ltd MCUCD- Code 19-23 Stevenson Street, Gainspace Request for Extension of Julie Brook 2006-269 SOUTH MACKAY (Mackay) Pty Ltd Relevant Period - Material Change of Use - 36 Multiple Dwelling Units
OW-2009- 7-11 Vine Street, NORTH Anchorage Request to Extend Relevant 93 MACKAY Community Titles Period - 1 Urban Lot into 8 Lots Scheme community title ROLC- Code 106 Chelmans Road, Gregory M Lennox Boundary Realignment 2 Rural Josephine 2011-310 DALRYMPLE HEIGHTS Lots into 2 Lots McCann MCUC- Code 4 Lester Hansen Street, Northern Beaches General Industry (Kit Home Matthew 2011-304 SLADE POINT Holdings Pty Ltd Fabrication Workshop) Ingram MCUC- Code 87 Beaconsfield Road, Complete Tree Home Based Business Kathryn 2011-306 BEACONSFIELD Management (Complete Tree Management) Goodman & Heavy Vehicle Parking ROLC- Code 40 Rainbow Street, Gary M James 1 Rural Lot into 2 Josephine 2011-305 ARMSTRONG BEACH McCann CA-2006- 55 Coles Road, Macwood Pty Ltd Extension of Relevant Period - 81 ANDERGROVE Combined Application for a Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots
CA-2006- 59 Coles Road, Macwood Pty Ltd Extension of Currency Period - 80 ANDERGROVE Combined Application for a Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots
MCUC- Code 13-17 Interlink Court, SGS PTY LTD Permissible Change - General Matthew 2011-91 PAGET Industry (Coal Testing Facility Ingram and Industrial Induction Training)
CON- 16 Vezzoli Court, Gemini Homes Building Work - Boundary Matthew 2011-297 WALKERSTON (QLD) Pty Ltd Setback for House Ingram
MIN/25.01.2012 FOLIO 19725 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App no Code/ Address Applicant Description Officer Impact ROLC- Code 73 Hans Christian Street, Rudolf Lenhard 1 Rural Residential Lot into 2 Matthew 2011-307 SARINA Lots Ingram
Development Applications Received 12.12.11 to 18.12.11
App no Code Address Applicant Description Officer /Impact MCUC- Code 4 Lester Hansen Street, Northern Beaches General Industry (Kit Home Matthew 2011-304 SLADE POINT Holdings Pty Ltd Fabrication Workshop) Ingram ROLC- Code 7 Herrigan Street, Humphreys 1 Urban Residential Lot into 2 Julie Brook 2011-322 GLENELLA Reynolds Perkins Lots North Queensland ROLC- Code L 911 Yakapari-Seaforth Seaforth Forest 24 Village Lots, 1 Balance Rural 2011-323 Road, SEAFORTH Pty Ltd Residential Lot and 1 Park Lot
CON- 46 Avalon Drive, RURAL Michael Ross Building Work - Boundary Matthew 2011-302 VIEW Certification Pty Setback for House Ingram Ltd MCUC- Code 9 Howard Street, HAY Elisha N Hunt Home Based Business (Learn Josephine 2011-319 POINT to Swim) McCann MCUC- Code 8 Florence Street, EIMEO Megan L Harris Residential Storage Shed Josephine 2011-318 McCann MCUIMP- Impact 329 Bridge Road, WEST Humphreys Extension of Relevant Period - Leah 2005-28 MACKAY Reynolds Perkins Material Change of Use - Sorohan North Queensland Shopping Centre MCUC- Code 2 Steve Street, River City Homes Dual Occupancy Matthew 2011-320 GREENMOUNT (Mackay) Pty Ltd Ingram MCUC- Code 19 Wellington Street, Nelson Street Commercial Premises and Shane Kleve 2011-313 MACKAY Properties Pty Ltd Catering Shop and Building Works Preliminary Approval (s242-SPA)
CON- 20 Evan Street, EAST Arthur J Douglas Building Work - Boundary Josephine 2011-300 MACKAY Setback for Garage McCann MCUC- Code 45 Range Road, SARINA Choice Petroleum Service Station Josephine 2011-314 McCann MCUCD- Code 5 Nelson Street, MACKAY RPS Group Request to Change Shane Kleve 2007-54 (Mackay) Pty Ltd Development Approval - Material Change of Use - 38 Multiple Dwelling Units
MCUC- Code 1 O'Flynn Crescent, MIDGE Darren A Everett Residential Storage Shed Matthew 2011-316 POINT and Marita N Ingram Everett CON- 7 Katey Crescent, MIRANI Coastal Building Building Work - Boundary Julie Brook 2011-301 Approval Service Setback for Garage MCUI- Impact 12-14 Oysterlee Street, Choice Homes Dual Occupancy Josephine 2011-315 BEACONSFIELD (QLD) Pty Ltd McCann
Development Applications Received 19.12.11 to 25.12.11
App no Code / Address Applicant Description Officer Impact MCUC- Code 6 Sheedy Crescent, Karl T Maresh Oversized Shed Matthew 2011-321 MARIAN Ingram MCUC- Code 5-7 Dozer Drive, PAGET Mashumba Civil General Industry and/or Matthew 2011-324 Engineering Pty Warehouse Ingram Ltd CON- 12 Cordia Street, RURAL Development Building Work - Boundary Matthew 2011-303 VIEW Certification Setback for House Ingram
MIN/25.01.2012 FOLIO 19726 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App no Code / Address Applicant Description Officer Impact MCUI- Impact 99 Armstrong Beach Road, Wolter Consulting Non-Resident Workforce Shane Kleve 2011-325 SARINA Group Accommodation and Commercial Premises (Office)
MCUC- Code 102 Farrellys Road, PAGET Marion S Lourens General Industry (Workshop Leah 2011-326 Extension) Sorohan CON- 31 Hastings Street, Development Boundary Work - Building Simon 2011-305 OORALEA Certification Setback for House Halcrow CON- 2 Dorset Street, OORALEA Development Building Work - Boundary Josephine 2011-304 Certification Setback for Garage McCann
Development Applications Received 26.12.11 to 01.01.12
App no Code Address Applicant Description Officer /Impact ROLC- Code 195 Starkeys Road, MOUNT John S Kilcullen Boundary Realignment 2 Rural 2011-335 OSSA and Lorraine J Lots into 2 Lots Kilcullen
Development Applications Received 02.01.12 to 08.10.12
App no Code Address Applicant Description Officer /Impact MCUC- Code 29 Narrabeen Street, BLACKS John F Cappello Dual Occupancy Darryl Bibay 2012-1 BEACH ROLC-2012- Code 56 Canberra Street, NORTH Jason A Place 2 Urban Residential Lots into 4 2 MACKAY Lots MCUCD- Code 2/167 Bedford Road, Roberto V Furini Request to Extend Relevant 2007-279 ANDERGROVE Period - Material Change of Use - 15 Multiple Dwelling Units (Superseded Planning Scheme) MCUC- Code 15 Sheedy Crescent, MARIAN Justin S Chester Oversized Shed Darryl Bibay 2012-3
DEVELOPMENT APPLICATIONS ENTERING DECISION MAKING PERIOD
Development Applications Entering Decision Making Period 05.12.11 to 11.12.11
App Code Address Applicant Description Primary Number /Impact Officer CA-2006- Impact 59 Coles Road Macwood Pty Ltd Extension of Currency Period - 80C ANDERGROVE Combined Application for a Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots CA-2006- Impact 55 Coles Road Macwood Pty Ltd Extension of Relevant Period - 81C ANDERGROVE Combined Application for a Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots MCUC-2011- Code 13 Interlink Court PAGET SGS PTY LTD Permissible Change - General Matthew 91A Industry (Coal Testing Facility Ingram and Industrial Induction Training) ROLC-2011- Code 0 Homebush Road ROSELLA Alexander S Boundary Realignment - 4 Rural Kathryn 269 Hamilton Lots into 4 Goodman
MIN/25.01.2012 FOLIO 19727 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App Code Address Applicant Description Primary Number /Impact Officer ROLC-2011- Code 47 Orphanage Road HABANA Kelvin C Thompson 1 Rural Lot into 2 Lots Matthew 280 Ingram ROLC-2011- Code 0 J Pitchers Road SARINA Lois Gordon and Boundary Realignment - 2 Rural Josephine 303 Robert L Gordon Lots into 2 Rural Lots. McCann
Development Applications Entering Decision Making Period 12.12.11 to 18.12.11
App Code/ Address Applicant Description Primary Number Impact Officer MCUC-2011- Code 7 Macarthur Street SOUTH Mackay Regional Multiple Dwelling Units (3) Julie Brook 272 MACKAY Council MCUC-2011- Code 1 O'Flynn Crescent MIDGE Darren A Everett Residential Storage Shed Matthew 316 POINT and Marita N Everett Ingram MCUC-2011- Code 9 Howard Street HAY POINT Elisha N Hunt Home Based Business (Learn to Josephine 319 Swim) McCann MCUC-2011- Code 2 Steve Street River City Homes Dual Occupancy Matthew 320 GREENMOUNT (Mackay) Pty Ltd Ingram MCUCD- Code 5 Nelson Street MACKAY RPS Group Request to Change Shane Kleve 2007-54A (Mackay) Pty Ltd Development Approval - Material Change of Use - 38 Multiple Dwelling Units MCUI-2011- Impact 323 Bridge Road WEST Mackay Shopping Motel (65 units inc. Mangers Matthew 267 MACKAY Centre Pty Ltd Residence, Gym, Meeting Ingram Rooms & Bar/Restaurant)
MCUIMP- Impact 329 Bridge Road WEST Humphreys Extension of Relevant Period - Leah Sorohan 2005-28E MACKAY Reynolds Perkins Material Change of Use - North Queensland Shopping Centre ROLC-2011- Code 31 Hamilton Street NORTH Pauline J Place 2 Urban Residential Lots into 4 Matthew 300 MACKAY Lots Ingram
Development Applications Entering Decision Making Period 19.12.11 to 25.12.11
App Code/ Address Applicant Description Primary Number Impact Officer MCUC- Code 7 Macarthur Street SOUTH Mackay Regional Multiple Dwelling Units (3) Julie Brook 2011-272 MACKAY Council MCUC- Code 1 O'Flynn Crescent MIDGE Darren A Everett Residential Storage Shed Matthew 2011-316 POINT and Marita N Everett Ingram MCUC- Code 9 Howard Street HAY POINT Elisha N Hunt Home Based Business (Learn to Josephine 2011-319 Swim) McCann MCUC- Code 2 Steve Street River City Homes Dual Occupancy Matthew 2011-320 GREENMOUNT (Mackay) Pty Ltd Ingram MCUC- Code 5 Dozer Drive PAGET Mashumba Civil General Industry Matthew 2011-324 Engineering Pty Ltd Ingram MCUCD- Code 5 Nelson Street MACKAY RPS Group Request to Change Development Shane Kleve 2007-54A (Mackay) Pty Ltd Approval - Material Change of Use - 38 Multiple Dwelling Units MCUI-2011- Impact 0 Pinevale Road PINEVALE Holcim (Australia) Extractive Industry Matthew 192 Pty Ltd Ingram MCUI-2011- Impact 323 Bridge Road WEST Mackay Shopping Motel (65 units inc. Mangers Matthew 267 MACKAY Centre Pty Ltd Residence, Gym, Meeting Ingram Rooms & Bar/Restaurant) MCUIMP- Impact 329 Bridge Road WEST Humphreys Extension of Relevant Period - Leah Sorohan 2005-28E MACKAY Reynolds Perkins Material Change of Use - North Queensland Shopping Centre ROLC-2011- Code 1 Mackay-Bucasia Road Australian Capital 1 Urban Residential Lot into 59 Matthew 136 RURAL VIEW Holdings Pty Ltd Lots Ingram ROLC-2011- Code 31 Hamilton Street NORTH Pauline J Place 2 Urban Residential Lots into 4 Matthew 300 MACKAY Lots Ingram
MIN/25.01.2012 FOLIO 19728 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Development Applications Entering Decision Making Period 26.12.11 to 01.01.12
App Code/ Address Applicant Description Primary Number Impact Officer
Development Applications Entering Decision Making Period 02.01.12 to 08.01.12
App Code/ Address Applicant Description Primary Number Impact Officer
DEVELOPMENT APPLICATIONS FINALISED
Development Applications Finalised 05.12.11 TO 11.12.11
App No Location Applicant Description Officer Approved Subject to Conditions
CON- 25 Stone Drive Joe M Mack Building Work - Boundary Darryl Bibay ASPA- SHOAL POINT QLD 4750 Setback for Garage 2011/274 CON- 18 Botanical Drive Anthony J Doyle Concurrence Agency - Building Josephine ASPA- OORALEA QLD 4740 Work - Side Boundary Setback McCann 2011/290 Variation for Open Carport and Structure Exceeding 9m in length on Side Boundary. ROLC- Code 9 Pratt Street Matthew I Perkins 1 Urban Residential Lots into 2 Josephine ASPA- SOUTH MACKAY QLD Urban Residential Lots. McCann 2011/274 4740 ROLI- Impact 1565 Koumala-Bolingbroke Allan N Petersen 1 Rural Lot into 2 Lots Josephine ASPA- Road McCann 2011/200 KOUMALA QLD 4738 CON- 2/23 Cabbage Tree Road Sunstate Garages Building Work - Boundary Julie Brook ASPA- ANDERGROVE QLD 4740 & Sheds Setback for garage 2011/296 MCUC- Code 6825 Bruce Highway Telstra Telecommunication Facility Julie Brook ASPA- YALBOROO QLD 4741 Corporation Ltd 2011/247 MCUC- Code 51 Palomino Parade Rebetzke Homes Dwelling House (Steep Land Julie Brook ASPA- ERAKALA QLD 4740 Overlay) 2011/282 MCUCD- Code 34-38 Mulherin Drive Marina Request to Change Plan of Julie Brook IDAS- MACKAY HARBOUR QLD International Development - Material Change 2007/573A 4740 (Mackay) Pty Ltd of Use - 120 Room Hotel (12 and Levels) and Shared Ancillary Marina Facilities with the Clarion Hotel International Mackay Management Pty Ltd CON- 13 Bowden Crescent Gemini Homes Boundary Setback for Dwelling Kathryn ASPA- MARIAN QLD 4753 (QLD) Pty Ltd House Goodman 2011/275 CON- 21 Cutfield Street Vision Patios Pty Building Work - Boundary Kathryn ASPA- GLENELLA QLD 4740 Ltd Setback for Carport Goodman 2011/284 CON- 30 Sunset Boulevard GMA Certification Building Work - Boundary Kathryn ASPA- EIMEO QLD 4740 Group Pty Ltd Setback for Deck Goodman 2011/289 CON- 19 Davey Street Shayne A Building Work - Boundary Kathryn ASPA- GLENELLA QLD 4740 Larcombe Setback for Carport & Goodman 2011/294 Residential Storage Shed not complying with the Planning Scheme
MIN/25.01.2012 FOLIO 19729 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App No Location Applicant Description Officer Approved Subject to Conditions
MCUC- Code 43-51 Diesel Drive DWF Warehouse and General Kathryn ASPA- PAGET QLD 4740 Developments Pty Industry Use Goodman 2011/241 Ltd CON- 6 Gerard Court Development Building Work - Boundary Matthew ASPA- WALKERSTON QLD 4751 Planning & Setback for Carport Ingram 2011/281 Approvals MCUC- Code 46 Southgate Drive Tesoro MB Pty Ltd General Industry Matthew ASPA- PAGET QLD 4740 Ingram 2011/250 MCUI- Impact 24 Macartney Drive River City Homes Multiple Dwelling Units (2) Matthew ASPA- MARIAN QLD 4753 (Mackay) Pty Ltd Ingram 2011/246 ROLC- Code 31 Temples Lane Dawson Surveying 1 Village Lot into 2 Lots Matthew ASPA- BAKERS CREEK QLD Ingram 2011/287 4740 CON- 4 Sapphire Court GMA Certification Building Work - Boundary Simon ASPA- NORTH MACKAY QLD Group Pty Ltd Setback for Awning Halcrow 2011/287 4740 CON- 16 College Court Jennifer E Booth- Building Work - Boundary Simon ASPA- NORTH MACKAY QLD Jones Setback for Garage Halcrow 2011/291 4740 CON- 8 College Court Michael Ross Building Work - Boundary Simon ASPA- NORTH MACKAY QLD Certification Pty Setback for House Halcrow 2011/293 4740 Ltd Approved Subject to Conditions - By Council
Application Refused
MCUC- Code 46/52 Downie Avenue Total Telecommunication Facility Darryl Bibay ASPA- BUCASIA QLD 4750 Communications 2011/271 Infrastructure MCUI- Impact 6 Jewell Street Strauss Property 60 Multiple Dwelling Units (total Julie Brook ASPA- MACKAY QLD 4740 Developments of 128 keys dual and triple 2011/159 access serviced apartments), Caretakers Residence and ancillary facilities
CON- 84 Wheeler Drive Andrew N Building Work - Boundary Kathryn ASPA- GLENELLA QLD 4740 Elworthy Setback for Shed Goodman 2011/285
Refused
MCUCD- Code 104 Evans Avenue North Macwood Pty Ltd Extension of Currency Period - Josephine IDAS- NORTH MACKAY QLD Material Change of Use - 18 McCann 2007/128A 4740 Multiple Dwelling Units Negotiated Decision
MCUI- Impact 32 Atkinson Street Peter T Mason Multiple Dwelling Units (5) Josephine ASPA- EAST MACKAY QLD 4740 McCann 2011/172
Development Applications Finalised 12.12.11 to 18.12.11
App No Code Location Applicant Description Officer /Impact Relevant Period Extended
CA-IDAS- 232 Victoria Street Hungry Jack's Pty Extension of Currency Period Josephine 2009/319A MACKAY QLD 4740 Ltd for Operational Works Approval- McCann Car Park Extension & Modification to Existing Catering Shop (Fast Food Restaurant) CA-IDAS- 59 Coles Road Macwood Pty Ltd Extension of Currency Period - Julie Brook 2006/80C ANDERGROVE QLD 4740 Combined Application for a
MIN/25.01.2012 FOLIO 19730 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App No Code Location Applicant Description Officer /Impact Relevant Period Extended
Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots CA-IDAS- 55 Coles Road Macwood Pty Ltd Extension of Relevant Period - Julie Brook 2006/81C ANDERGROVE QLD 4740 Combined Application for a Material Change of Use AND a Reconfiguration of 1 Lot to create 4 Urban Residential Lots Approved Subject to Conditions
CON- 8 Lilian Avenue Michael Ross Building Work - Boundary Julie Brook ASPA- EIMEO QLD 4740 Certification Pty Setback for House 2011/299 Ltd ROLC- Code 35-37 Peatey Street Andev Holdings 2 Urban Residential Lots into 37 Julie Brook ASPA- ANDERGROVE QLD 4740 Pty Ltd Dwelling House lots and 5 2011/243 Duplex Lots. CON- 33-35 Hangan Street Gemini Homes Building Work - Boundary Matthew ASPA- BUCASIA QLD 4750 (QLD) Pty Ltd Setback for House & Garage Ingram 2011/292 MCUC- Code 217-241 Farrellys Road Paget Developers Transport Depot Matthew ASPA- PAGET QLD 4740 Pty Ltd Ingram 2011/227 CON- 37 Dobinson Street Building Approvals Building Work - Boundary Simon ASPA- BUCASIA QLD 4750 & Consultancy Pty Setback for House Halcrow 2011/295 Ltd MCUC- Code 2A Sapphire Court lanai Homes Pty Dwelling House (Flood & Simon ASPA- NORTH MACKAY QLD Ltd T/A Visual Inundation) Halcrow 2011/298 4740 Constructions MCUI- Impact 85 Wood Street Mifsud's Fresh Warehouse Simon ASPA- MACKAY QLD 4740 Fruit Barn Halcrow 2011/248 Application Lapsed
MCUC- Code 2 Peoples Street Judith M Schmidt Home-Based Business (Natural Kathryn ASPA- FINCH HATTON QLD Organic Products) Goodman 2011/92 4756 Application Withdrawn
ROLC- Code L 11 Cliftonville Road Dawson Surveying 1 Rural Residential Lot into 2 Simon ASPA- SARINA QLD 4737 Halcrow 2011/297
Development Applications Finalised 19.12.11 to 25.12.11
App No Code/ Location Applicant Description Officer Impact Approved Subject to Conditions
MCUCD- Code 12 Carl Street Gros-Dubois Investments Pty Request to Change John IDAS- RURAL VIEW QLD 4740 Ltd Plan of Caldwell 2009/380A Development - Material Change of Use - Preliminary Approval for a Locality Concept Plan over the subject site in accordance with the Eulbertie Park Plan of Development; and Development Permit for Service Industry Use Group except where amended by conditions of approval and in accordance with the provisions of the
MIN/25.01.2012 FOLIO 19731 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
App No Code/ Location Applicant Description Officer Impact Approved Subject to Conditions
Eulbertie Park Plan of Development as Approved by Council (MCI-2000- 30) issued 17 December, 2003. RECONF- 118-148 Sams Road Vanyield Pty Ltd Change of John IDAS- MOUNT PLEASANT QLD Conditions - Caldwell 2005/297A 4740 Reconfiguration of 1 Lot to create 2 Local Business Lots and balance Parkland lot CON- 20 Evan Street Arthur J Douglas Building Work - Josephine ASPA- EAST MACKAY QLD 4740 Road Boundary McCann 2011/300 Setback Variation for Shed ROLC- Code L 103 J Pitchers Road Lois Gordon and Robert L Boundary Josephine ASPA- SARINA QLD 4737 Gordon Realignment - 2 McCann 2011/303 Rural Lots into 2 Rural Lots. MCUC- Code 28 Crichtons Road Robert J Smith and Donald P General Industry Julie Brook ASPA- PAGET QLD 4740 Smith and 2011/253 Suzanne P Smith and others
MCUCD- Code 19-23 Stevenson Street Gainspace (Mackay) Pty Ltd Request for Julie Brook IDAS- SOUTH MACKAY QLD Extension of 2006/269B 4740 Relevant Period - Material Change of Use - 36 Multiple Dwelling Units ROLC- Code 39A Bourke Street David Harney Construction Pty 1 Special Activities Julie Brook ASPA- BLACKS BEACH QLD Ltd Lot into 10 Lots 2011/236 4740 ROLC- Code L 1 Homebush Road Alexander S Hamilton Boundary Kathryn ASPA- ROSELLA QLD 4740 Realignment - 4 Goodman 2011/269 Rural Lots into 4 CON- 16 Vezzoli Court Gemini Homes (QLD) Pty Ltd Building Work - Matthew ASPA- WALKERSTON QLD 4751 Boundary Setback Ingram 2011/297 for Garage CON- 46 Avalon Drive Michael Ross Certification Pty Building Work - Matthew ASPA- RURAL VIEW QLD 4740 Ltd Boundary Setback Ingram 2011/302 for House MCUC- Code 13-17 Interlink Court SGS PTY LTD Permissble Change Matthew ASPA- PAGET QLD 4740 - General Industry Ingram 2011/91A (Coal Testing Facility and Industrial Induction Training) CON- 14 Yatay Street Building Approvals & Building Work - Simon ASPA- RURAL VIEW QLD 4740 Consultancy Pty Ltd Boundary Setback Halcrow 2011/298 for House Refused
MCUCD- Code 14 James Street Alfred C Jeffs Extension of Shane Kleve IDAS- MACKAY QLD 4740 Relevant Period - 2007/329A Material Change of Use - 6 Multiple Dwelling Units
Development Applications Finalised 26.12.11 to 01.01.12
App No Code/ Location Applicant Description Officer Impact Approved Subject to Conditions
MIN/25.01.2012 FOLIO 19732 FINAL MINUTES WEDNESDAY 25 JANUARY 2012
Development Applications Finalised 02.01.12 to 08.01.12
App No Location Applicant Description Officer Negotiated Decision Refused
CA-IDAS- 141 Boundary Road East Charles Material Change of John 2006/361 PAGET QLD 4740 Camilleri Use for a High Caldwell Impact Industrial Warehouse CA-IDAS- 10 Eimeo Road Eulcom Pty Ltd Combined John 2007/402 RURAL VIEW QLD 4740 Application for Caldwell Material Change of Use Preliminary Approval for Locality Concept Plan No 6 & Material Change of Use Development Permit for 108 Multiple Dwelling Units in accordance with the provisions of Eulbertie Park Plan of Development as approved by Council (MCI-2000- 30) issued 17 December 2003 AND a Reconfiguration of 1 lot to create 2 lots RECONF- 178 Shoal Point Road Daniel P 1 lot to create 2 John IDAS- SHOAL POINT QLD 4750 Coonan Urban Residential Caldwell 2009/57 lots Approved Subject to Conditions
CON- 3 Barclays Road Development Concurrence Josephine ASPA- DUMBLETON QLD 4740 Certification Agency - Building McCann 2011/276 Work - Road Boundary Setback Variation for Additions to Existing Dwelling House. CON- 2 Dorset Street Development Building Work - Josephine ASPA- OORALEA QLD 4740 Certification Boundary Setback McCann 2011/304 for Garage CON- 14A Hicks Street Mackay and Building Work - Josephine ASPA- NORTH MACKAY QLD 4740 Whitsunday Boundary Setback McCann 2011/61 Building for House Certification
MCUC- Code 41 Gregory Street Cotherstone Pty Extension of Josephine ASPA- MACKAY QLD 4740 Ltd Existing Use - McCann 2011/312 Dwelling Unit ROLC- Code 2418 Sarina Homebush Road Peter F Boundary Josephine ASPA- HOMEBUSH QLD 4740 Ribaldone Realignment - 2 McCann 2011/289 Rural Lots into 2 Rural Lots ROLC- Code L 1 Mirani-Mount Ossa Road Billy Arnold 1 Rural Lot into 2 Matthew ASPA- MOUNT CHARLTON QLD 4741 Lots Ingram 2011/125 CON- 31 Hastings Street Development Boundary Work - Simon ASPA- OORALEA QLD 4740 Certification Building Setback for Halcrow 2011/305 House Confirmed on Wednesday 1 February 2012
……………………………………… MAYOR
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