FINAL MINUTES
15 May 2013
FINAL MINUTES WEDNESDAY 15 MAY 2013
Table of Contents
Folio Date Particulars
27327 15.05.2013 Ordinary Meeting Minutes
27363 30.04.2013 Community Services Monthly Review for April 2013
27402 15.05.2013 MRC Policy Review Project: Use of the Bluewater Lagoon
27404 30.04.2013 Development Services Highlights & Significant Issues Report for April 2013
27456 15.05.2013 2012/2013 Operational Plan - Third Quarter Review
27526 18.04.2013 Minutes - Rural Affairs Advisory Committee
27533 12.04.2013 Minutes - Character Heritage Advisory Committee
27538 06.05.2013 Minutes - Sustainable Futures Advisory Committee
Declaration of Potential Conflict of Interest
Nil.
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ORDINARY MEETING MINUTES
1. ATTENDANCE:
Her Worship the Mayor, Cr D T Comerford (Chairperson), Crs K J Casey, C J Bonanno, L G Bonaventura, F A Gilbert, A N Jones, G J Martin, T A Morgan, D J Perkins, P F Steindl, and R D Walker were in attendance at the commencement of the meeting. Also present was Mr B Omundson (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 1 MAY 2013
THAT the Minutes of the Ordinary Meeting held on 1 May 2013 be confirmed.
Moved Cr Casey Seconded Cr Bonaventura
CARRIED
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6. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:
Nil
7. MAYORAL MINUTES - MACKAY RING ROAD:
Background
The Federal Government had previously allocated $10 Million for a Planning Study to be carried out for the Mackay Ring Road. This project has collected data, identified issues, developed, analysed and evaluated options to determine a preferred alignment and development of a business case. Community engagement is expected to commence this month. The total project is expected to be completed by September 2013. This project has been carried out by the Department of Transport and Main Roads on behalf of the Federal Government.
The purpose of the Mackay Ring Road is to:-
Protect and maintain the integrity of the national road network which is being impacted by growing numbers of large vehicles using the highway coupled with the rapid expansion of industrial areas to support the mining industry; Improve freight efficiency in the Mackay area; Improve road safety; Improve road access between industrial areas and the Mackay Port; Improve road access between homes and jobs.
Motion
THAT the Mayor writes to the Hon Anthony Albanese, Minster for Infrastructure and Transport Minister for Regional Development and Local Government to seek clarification that funding has been included within the Federal Government 2013/2014 Budget to facilitate the design and land resumptions for the Mackay Ring Road Project.
Moved Cr Comerford
CARRIED
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8. CORRESPONDENCE AND OFFICERS’ REPORTS:
8.1 NOTICE OF MOTION - RESCISSION OF THE MOTION REGARDING THE LEASE OF LAND - QLD POLICE SERVICE - HICKS RD MOUNT PLEASANT
Author Manager Property Services
Motion
THAT Council rescind the motion below, as adopted at the Ordinary Council Meeting of 12 December 2012 with regard to the Lease of Land - Qld Police Service - Hicks Rd Mount Pleasant:-
8.4 Lease of Land- Qld Police Service - Hicks Rd Mount Pleasant
THAT Council approve in principle the proposal of establishing a new lease agreement with Queensland Police Service for an area of 143m2 of Lot 377 on CI3437 Hicks Road, Mount Pleasant in order to construct a telecommunications tower, subject to approval by Department of Natural Resources and Mines for the consideration of $5,000 per annum exclusive of GST.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr Bonanno
CARRIED
8.2 LEASE OF LAND: QLD POLICE SERVICE, HICKS RD MOUNT PLEASANT
File No 003437-377-CI Author Manager Property Services
Purpose
To approve the creation of a new lease agreement of 143m2 within a portion of Reserve for Water Supply Purposes Land situated within Lot 377 on CI3437 Hicks Road, Mount Pleasant to facilitate construction of a new 30m communications tower to support the Queensland Government Emergency Services radio equipment.
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Background/Discussion
Council is the trustee of the Reserve for Water Supply Purposes being Lot 377 on CI3437, a 2.85 hectare property on Hicks Road Mount Pleasant.
The property is currently being utilised as a water reservoir with areas of 96m2 leased to Telstra Corporation Limited and 55m2 leased to Optus Mobile to house their respective communication towers.
Originally the Queensland Police Service (QPS) were seeking a licence agreement for a lattice type antennae, but due to the type of structure being changed to a 30m extra heavy duty steel free standing tower, with a headframe attached the licence agreement has been changed to a lease to meet requirements.
Comments received from Tony Lill from the Department of Natural Resources and Mines support the proposal subject to Ministerial Consent being obtained in respect to the lease agreement.
Consultation and Communication
Consultation has been undertaken with Tony Lill – Senior Land Officer of the Department of Natural Resources and Mines, Troy Madden – Operations and Maintenance Officer, Julie Brook – Planning Officer, John Caldwell – Manager Development Assessment.
Management of Mackay Regional Council’s Water Services Unit have no objections to the proposed lease.
Advices received from Council’s planning department confirmed that a Development Application is not required as QPS are not a commercial carrier.
Resource Implications
Rental income has been agreed at a peppercorn rental excluding GST per annum with no rental increase over the term of the lease. All fees and charges in respect to preparation and registration of the lease will be payable by Queensland Police Services.
Risk Management Implications
Should this lease not be approved, it would severely impact on the service that the Queensland Government Emergency Services will be able to provide.
Conclusion
The establishment of a new lease to Queensland Police Services will provide enhanced communication service delivery to the community.
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Officer's Recommendation
THAT Council approve the establishment of a new lease agreement with Queensland Police Service for an area of 143m2 of Lot 377 on CI3437 Hicks Road, Mount Pleasant in order to construct a telecommunications tower, subject to approval by Department of Natural Resources and Mines for the consideration of peppercorn rental exclusive of GST.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr Morgan
CARRIED
8.3 COMMUNITY SERVICES MONTHLY REVIEW - APRIL 2013
Author Director Community Services
Purpose
Attached is a copy of the Community Services Monthly Review for April 2013 for information purposes.
Officer's Recommendation
THAT the Community Services Monthly Review for April 2013 be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Jones Seconded Cr Bonanno
CARRIED
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8.4 MRC POLICY REVIEW PROJECT: USE OF THE BLUEWATER LAGOON
Author Director Community Services
Purpose
The purpose of this report is to seek Council's endorsement of the Mackay Regional Council Use of the Bluewater Lagoon Policy which has been reviewed as part of the broader policy review project being undertaken by Council's Governance program in conjunction with policy owners.
Background/Discussion
The Governance program within Council's Corporate Services directorate is undertaking a broad project to review all Council policies in conjunction with the policy owners.
As part of this project the use of the Bluewater Lagoon Policy has been reviewed by the Community Services Directorate and has been approved by the SLT.
Consultation and Communication
Consultation has occurred with the Manager, Recreation Services and Portfolio Councillor Sport, Recreation and Facilities, Cr Paul Steindl. In addition, Councillors were briefed to review Policy Number 003, ‘Use of the Bluewater Lagoon’ on 20 February 2013.
Resource Implications
Resource implications arising out of this policy are determined by Council each year as part of its budget process.
Risk Management Implications
Reviewing Council policies at regular intervals provides a strong risk management outcome. Outdated policies which fall behind contemporary trends and don't take account of changes in legislation or other matters can leave Council open to significant risk
Conclusion
The regular review and updating of Council policies is an important part of Council's business practice to ensure that our policies remain relevant and take account of changes in legislation or other factors which require additions or changes to policies.
The review process has ensured that the Use of the Bluewater Lagoon policy is updated to ensure this remains contemporary.
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Officer's Recommendation
THAT Council endorse the Use of the Bluewater Lagoon Policy.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Steindl Seconded Cr Jones
CARRIED
8.5 EXPRESSION OF INTEREST - NORTHERN BEACHES LIBRARY DESIGN & DOCUMENTATION
File No 253343-016-SP Author Manager Property Services
Purpose
To present a report to Council demonstrating the benefit of calling Expressions of Interest (EOI) for professional services required for the design and documentation of the New Northern Beaches Library as per section 228(3) of the Local Government Regulation 2012
Background/Discussion
Mackay Regional Council (MRC) intends to construct a new library building on the co-shared site of the Northern Beaches High School, Rosewood Drive, Eimeo, Mackay. The first phase of this project will involve the commissioning of a multi-disciplinary team to facilitate the design and documentation processes under management and guidance of an MRC Project Manager.
The project has progressed sufficiently to proceed with an Expressions of Interest for qualified architects / architectural firms interested in tendering to provide full design and contract administration services as part of a multi-disciplinary design team for the proposed new library building in Mackay. The successful architectural firm will be responsible for engaging all necessary professional sub-consultants for the project, responsible for their co-ordination and seamless integration within the project.
The consultant team should include:
Architect Structural engineer Civil engineer Electrical engineer Mechanical engineer Landscape architect Quantity surveyor
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Building certifier any other professional deemed necessary to carry out successful input and documentation
The request for Expressions of Interest forms an integral part in this project process facilitating the pre-qualification of tenderers. The Project Team recommends this process for the following reasons:
An EOI will allow interest in the Project to be gauged. It will reduce the number of prospective tenderers to those who have the capacity, experience, resources, demonstrated understanding and financial capacity to complete the Project. Reducing the number of tenderers, will enhance the productivity of consultant and staff through minimising time spent with unsuitable full bid providers. Avoid unnecessary costs to contractors for preparation of expensive design and pricing tender documentation that have limited chance of success. Ensures a competitive tender process leading to best value for service for Council Conforms to industry model practises
The proposed location for the New Northern Beaches Library (NBL) is on the corner of Rosewood Drive and Reed Street, Northern Beaches. The site is approximately 2500m2. It shares a site with the school and is in close proximity to the Northern Beaches shopping complex
Consultation and Communication
The delivery mechanism was discussed during meetings of the Project Control Group that is made up of the following people:
Gerard Carlyon Director Community Services Andrew Allen Project Technical Officer Graham Smith Property Service Co-ordinator Robert Jaggar Civil Projects Contract Coordinator Jan Kilbourne Manager Community Development and Libraries Aggie Partridge Branch Librarian – Gordon White Robert Ryan Community Development Coordinator Jeff Peay Landscape Architect Tony de Brincat Manager Property Services
Additional internal advice was received from the Manager Property Services, Manager Procurement and Plant and Project Manager.
Resource Implications
In relation to the EOI, the resource implications are the costs involved in preparing the document.
A budget has been provided in the 2012/2013 Capital Budget of $600,000 for design consultants, documentation and preliminary regulatory fees and charges. The remaining $5.4
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million for construction costs is allocated in the following 2013/14 budget to cover costs associated with construction works. There is some concern that the full project may cost in excess of $6 million as currently proposed and further advise will be provided to Council as part of the 2013/14 budget process.
Risk Management Implications
The calling of the EOI has no associated risk, the non calling of an EOI may impact on Council achieving the maximum potential of the project. The delay in Education Qld re-engaging with Council following the 2012 election means that the original timeframe for this project is unlikely to proceed. Education Qld are also including a number of stipulations as part of the lease discussion which may mean Council needs to consider alternative sites. While technically still possible to deliver the project for a 2015 opening, it would be prudent to push the target date for opening out one year to ensure the project is delivered successfully.
Conclusion
Calling for Expressions of Interest would be of benefit to the Mackay Regional Council in order to pre-qualify tenderers, limiting tendering to contractors with the necessary skills and experience to successfully complete the Northern Beaches Library Project, increasing the efficiency of the tender and award process. The timing for the release of the EOI document is in the coming weeks.
Officer's Recommendation
THAT Council approve that Expressions of Interest for the calling of professional services for the design and documentation of the New Northern Beaches Library as per section 228(3) of the Local Government Regulation 2012.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Jones Seconded Cr Morgan
CARRIED
8.6 DEVELOPMENT SERVICES - HIGHLIGHTS & SIGNIFICANT ISSUES REPORT - APRIL 2013
Author Director Development Services
Purpose
To review the attached Development Services Highlights and Significant Issues Report for the month of April 2013.
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Officer's Recommendation
THAT the attached report be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Perkins Seconded Cr Bonaventura
CARRIED
8.7 RECONFIGURATION OF A LOT - 1 RURAL RESIDENTIAL LOT INTO 3 LOTS - HH & RS BAKER - 26 RURAL VIEW DRIVE, RURAL VIEW (DA- 2013-120)
Application Number: DA-2013-120
Date Received: 5 April 2013
Action Officer: Helle Jorgensen Smith
Applicant’s Details: Helen H Baker & Robert S Baker C/-RPS PO Box 1895 MACKAY QLD 4740
Proposal: Reconfiguration of a Lot - 1 Rural Residential Lot into 3 Lots
Site Address: 26 Rural View Drive, Rural View
Property Description: Lot 2 on RP730309
Owner’s Details: Helen H Baker and Robert S Baker
Area: 1.982 Ha
Planning Scheme: Mackay Planning Scheme (including amendments up to 19 December 2011)
Planning Scheme Designations: Locality: Mackay Frame Precinct: McCready's Creek Zone: Rural Residential
Assessment Level: Code
Submissions: Nil
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Referral Agencies: Nil
Attachments: Attachment A: Locality Plan Attachment B: Proposal Plan Attachment C: Locality Plan (likely precedence)
Recommendation: Refused
ASSESSMENT OF APPLICATION
Purpose
The Reconfiguration of a Lot application is for 1 Rural Residential lot into 3 Lots at 26 Rural View Drive, Rural View (refer to Attachment A - Locality Plan). The application is Code Assessable and therefore the application was not publicly advertised. The application proposes lots that are inconsistent with the minimum lot size requirements for the Rural Residential zone.
The application is recommended for refusal.
Background
The allotments which front onto Rural View Drive were originally created in 1976 as a Rural Residential development. All lots were marginally below 2 ha in size.
Subdivision proposals have been lodged over a number of these lots most commonly for proposals to create 2 lots from the original lot, maintaining a rough average of 1 dwelling per hectare.
Under the Transitional Planning Scheme for Mackay City (gazetted in 1999 and superseded in 2006) the lots within this development were zoned Rural Residential but had a Park Residential Preferred Dominant Land Use (PDLU) which generally allowed the development of lot sizes down to 2,000m2.
During the operation of the Transitional Planning Scheme, a couple of applications were lodged for development consistent with the PDLU however community submissions against the proposals and the lack of services (especially reticulated water) resulted in these applications not being supported by Council.
Community meetings with the owners/residents of this estate at the time resulted in Council and the owners agreeing that proposals for two lot subdivisions would be generally accepted by the community and supported by Council on the basis that the proposed lots were as close as possible to 1 ha in area.
To date Council has not agreed to the creation of any lots significantly less than 1 ha (the smallest lot in the estate is currently 9,261m2).
Late 2012, preliminary advice was sought from Development Services on a subdivision inquiry on the subject site. The query related to a three lot subdivision of the property. Development
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Services advised that such a proposal would be unlikely to be supported, however a two lot subdivision would be supported based on achieving a Rural Residential zone density of approximately one lot per hectare.
An application to reconfigure 1 Rural Residential lot into 3 Lots (identical application to the application in question) was lodged on 7 January 2013. This application was refused under delegated authority. This application is now under appeal.
The applicant met with the Director of Development Services and the Chief Executive Officer and others to discuss the appeal and as part of the outcomes of the meeting it was agreed that a further application should be lodged such that the Council could consider the merits or otherwise of their proposal. This application is now before you and is in the Decision Making Period.
Subject Site and Surrounds
The subject site is 1.982 ha, is in the McCreadys Creek Precinct within the Frame Locality. The site currently contains a single detached dwelling and ancillary buildings and few patches of vegetation. The allotment has a 210 m frontage to Rural View Drive, which is classified as a Minor Collector Road in Council’s road hierarchy.
The site does not contain any current approvals and is not connected to Council’s reticulated water or sewerage network. The site is constrained by the Bushfire Management, Development on Steep Land and the Landscape Character Overlay Codes. The site contains steep sections, and the existing dwelling on the site is situated on the highest point. The land is steepest to the south of the existing dwelling.
The subject site is zoned Rural Residential and is surrounded to the north, south and west by other Rural Residential allotments used for single detached dwellings. To the east is the subdivision estate 'Premier Vista', which is zoned Urban Residential and will consists of allotments sized appropriate for an Urban Residential zoned estate.
Proposal
The application seeks a Development Permit for a Reconfiguration of a Lot involving 1 Rural Residential allotment into 3 Rural Residential allotments. Proposed lot 1 will have an area of 6590m2, with a possible building envelope as per Attachment B – Proposal Plans. Proposed lot 2 will have an area of 6628m2, and proposed lot 3 will have an area of 6608m2 with a possible building envelope as per Attachment B – Proposal Plans. An easement is proposed to burden the proposed lots 2 and 3, providing water supply to proposed lot 1 and 2 via the existing bore and pump shed.
PLANNING ASSESSMENT
Regional Plan
The subject property is located within the 'urban footprint' detailed in the Mackay, Isaac & Whitsunday Regional Plan. This designation envisages development for urban purposes; however the type and density of the development is then devolved to the relevant Planning Scheme for the location.
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The Regional Plan does not override Councils' Planning Scheme provisions and grants no additional use rights or development potential other than that detailed in the applicable Planning Scheme. The Regional Plan supports the development of the site only as far as the Planning Scheme permits and in this case, into lots of at least 1ha in size.
Mackay City Planning Scheme
The following is relevant excerpts of the higher order codes and statements about the proposals' compliance with the provisions.
Locality
Mackay Frame Locality Code
The Overall & Specific Outcomes for the Mackay Frame Locality Code do not deal in any significant manner with the establishment of Rural Residential type developments, other than to state that:
'rural residential development only occurs on land located within the Rural Residential zone which includes areas at Farleigh, Habana and limited areas at Nindaroo and Walkerston.'
The creation of Rural Residential allotments from the subject property that are consistent with the relevant Zone and Development Codes would therefore be consistent with the Locality Code. In this instance the proposed lot sizes do not accord with the requirements of the Rural Residential Zone Code and Reconfiguration of a Lot Code and therefore can be considered inconsistent with the Locality Code.
Zone
Overall & Specific Outcomes for the Rural Residential zone detail the requirements for development within the Rural Residential zone, especially the creation of additional allotments. The Overall Outcomes are reproduced below:
(vii) Rural Residential Zone (Division 14);
(2) The overall outcomes for the Rural Residential zone are:
(a) Development in the Rural Residential zone respects and protects the high level of residential amenity through high quality standards of construction in housing, roads and other development infrastructure. (b) Development for residential accommodation is on large lots, generally of 1 hectare or more, with other activity being ancillary to the principal use of rural residential living. (c) Rural residential lots are created only when:
(i) a total of no more than three (3) years supply of rural residential lots exists across the City; and (ii) the provision of services, including development infrastructure, community services and public transport to the site is planned, cost-
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efficient and will not result in the deferral of planned provision of services to another area.
(d) Non residential development does not adversely affect residential amenity. (e) The interface between rural residential land and important ecosystems, economic and social resources is developed such that the:
(i) amenity of rural residential areas is protected; (ii) integrity of the ecosystems is retained; and (iii) use of or access to those valuable resources is not impeded by encroaching development.
(f) Land used for rural residential development has:
(i) access to a road constructed to a design and standard adequate for the traffic flows and the traffic function it performs; (ii) convenient access to village level facilities, community facilities and a neighbourhood centre situated in an urban area, such that driving times in accessing such services generally do not exceed 20 minutes; (iii) efficient and economical connections to development infrastructure such as a reticulated water supply, sealed road access, an electricity and telecommunications network; and (iv) access to essential community facilities and services such as education, an appropriate level of health care services, community welfare, convenience shopping and public transport.
The proposal is not consistent with the provisions above, particularly:
1. The proposed lots are all significantly less than 1ha in area.
2. The subject site does not have efficient and economical connections to development infrastructure such as a reticulated water supply.
3. The subject site is constrained by the steep land overlay and may be unstable and not susceptible to excessive soil erosion, applicant has not proven otherwise.
In addition to the Locality and Zone Codes above, the application has been assessed against the following Development and Overlay Codes of the Planning Scheme:
Reconfiguration of a Lot Code
The Reconfiguration of a Lot Code details the requirements for the creation of additional lots within the various zones in the Planning Scheme area.
Specific Outcome "P2" of the Code details the minimum area and dimensions for new lots in the various zones of the Planning Scheme. In relation to all zones other than Industrial zones, the dimensions listed in P2 are the only allowable outcome as there is no Acceptable/Probable Solution specified for these zones. That is, there is no 'alternative solution' by which the Code allows compliance to be demonstrated.
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In relation to Rural Residential lots, the Code specifies that lots must have a minimum area of 1ha and a minimum road frontage of 60m.
In terms of the minimum area, none of the lots proposed in this application comply with the minimum area of 1ha. The lots proposed have areas of 6,590m2 (Lot 1), 6,628m2 (Lot 2) and 6,608m2 (Lot 3).
In terms of the required road frontage, Lots 2 and 3 exceed the 60m minimum frontage, while Lot 1 has a frontage of 55.4m.
It is clear that the Reconfiguration of a Lot Code does not support the creation of lots of a size and design as proposed by the applicant.
However, it must be pointed out that Council has approved the creation of new lots in the Rural View Drive area that do not strictly comply with minimum requirements specified in the Code. Generally the non-compliant lots have been agreed to on the basis that the subdivision achieved an average of 1 dwelling per hectare. In the case of the subject property this would allow the creation of two lots only.
The non-compliant lots have most commonly seen discretion granted in terms of road frontage, allowing 'battleaxe' lots to be created or unusual boundary configurations which moved to fit existing features such as houses, outbuilding or driveways. The focus for Council in the assessment of these lots was the fact that the lots were as close to 1ha in size as possible, and achieved a general density of 1 dwelling per hectare. Within the Rural View Drive estate, this means that each of the original lots (all slightly below 2ha) is able to be subdivided into to a total of two lots. Currently the smallest lot in the estate is 9,261m2.
Council officers advised the applicants' consultant prior to the lodgement of the application that a two lot subdivision of the property could be supported, even though this would require the exercise of discretion in terms of lot size due to the existing location of the dwelling on the property. Achieving a rough density of 1 dwelling per hectare was seen as the principal outcome for any development on this site.
Given the location of the existing dwelling and sheds on the property being generally in the middle, the site could not be cut into two equal lots without having an unusual boundary between the two lots. Splitting the property into two lots would require the creation of lots of differing sizes, with a desktop study detailing that a minimum lot size of 8,000m2 on the southern side of the existing dwelling would be easily achievable, thereby resulting in a second lot of at least 11,500m2 containing the existing dwelling and outbuildings.
This outcome would also require the exercise of discretion as there are no other lots as small as 8,000m2 in this estate, but generally the principal is likely to be able to be supported, though such a variation in lot size has not been requested or approved previously.
Unfortunately, a two lot proposal is not the subject of the assessment and the applicant has made it clear that a two lot subdivision is not an acceptable result for the development of the site.
Based on the application lodged, the proposal is not consistent with the intent of the Code for development of lots in the Rural Residential zone.
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Steep Land Overlay Code
The applicant has not demonstrated that the proposed development complies with the intent of the Steep Land Overlay Code, as no geotechnical report was submitted with the application. Hence, assessment against the Steep Land Overlay Code could not be undertaken in any meaningful manner.
Other Codes
The application is also assessable against the following Codes
Environment and Infrastructure Code; Bushfire Management Overlay Code; and Landscape Character Overlay Code.
It is considered that the proposal is generally consistent with these Codes and if the proposal was to be approved, conditions could be applied to ensure the proposal complies with the requirement of these Codes.
APPLICANTS' JUSTIFICATION FOR APPROVAL OF THE SUBMITTED PROPOSAL
The following table outlines the applicant's primary justification as to why the application should be supported. Comments on these points are then provided by Officers in relation to the justification of such discretion of the Planning Scheme.
Applicant's comment Planning Officer's comment
The proposal is consistent with the Reference to higher order planning documents is Mackay, Isaac and Whitsunday Regional only activated if significant variation from the Plan. planning scheme is requested.
The Regional Plan is largely irrelevant to this application as it is not an 'assessment document' for proposals such as this. Councils' Planning Scheme is the tool for assessment of such a proposal.
The proposal complies with the relevant As mentioned previously in this report, the Codes of the Mackay City Planning proposal does not comply with the relevant Scheme and where it does not comply; Codes and policies of Mackay City Planning such inconsistencies are deemed minor and Scheme, furthermore: more than compensated by planning grounds to justify approval. The Rural Residential zoning reflects Council views that the area shall remain as a spacious precinct of 1 hectare (or larger) lots The draft Planning Scheme identifies the area as Rural Residential generally of 1 hectare size.
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Applicant's comment Planning Officer's comment
The area is not intended for closer development due to inability to economically provide reticulated water service to the area When the site had a strategic plan designation of park residential (prior to 2006) and an application to subdivide into 2000m2 lots was intended, the community were very much against such subdivision proposals. Consensus at the time was desire to subdivide the 2 ha lots into 1 ha. The planning scheme represents the vision of the community at that time.
The proposal is the logical reconfiguration Seen merely from a 'physical characteristics of of the existing lot considering the shape of the site' point of view this argument is logical. the lot combined with the existing use of However, the assessment of this application is the site, noting that the proposed expanded to more areas than just the physical development allows dwelling separations characteristics of the site, and seen alone, this is and privacy consistent with premium Rural not enough justification to counteract the Residential use and has more usable land discretions sought. than a significant percentage of Rural Residential lots in the region. Conversely to the applicants comments; the location of the house and the inability to meet the minimum lot requirements for Rural Residential lots, suggests that the lot is not suitable for subdivision even into two lots and perhaps the lot has no development potential due to the dwelling location.
The current amenity and natural As lots less than 1 ha are proposed, the current advantages of the Rural View Drive amenity and natural advantages of the Rural precinct are preserved. View Drive precincts are unlikely to be preserved. Vegetation would be cleared, soil degradation would occur for future dwellings, driveways, rain water tanks and the like, which would also be closely positioned and in close proximity to the Rural View Drive, in comparison to other properties on Rural View Drive and on Rural Residential zoned Land in general.
Surrounding land uses include Rural Rural Residential Land is generally the Residential to the North, West and South transitional zoning between Urban Residential but overlooking and abutting residential Land and Rural Land; hence this Rural lots along the length of the 260m Eastern Residential area is abutting Urban Residential boundary with views from Shaw Island in Land. Moreover, the Urban Residential Land
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Applicant's comment Planning Officer's comment
the North to Prudhoe island in the South abutting Rural View Drive is fully serviced with and good building sites – and noting that Council's reticulated water, sewerage, the Rural View Drive Rural Residential telecommunications and electricity. node itself is now bounded by residential development on its northern and eastern sides.
Its close proximity to shops, schools, The land is in close proximity to Rural View transport and other urban amenities. Shopping Precinct; however, this is not enough justification to counteract the discretions sought.
The proposal would not set a precedent, as Despite the 210m road frontage to Rural View the subject site has a long road frontage. Drive, it is clear as per Attachment C "Locality Plan (likely precedence)" that at least four additional sites on Rural View Drive could argue that they also have a large road frontage and that the same discretion should be exercised on their parcels of land. This is notwithstanding lot 3A and other sites that could present with a similar argument.
Moreover, should Council set such precedent then Council has to be prepared to subdivide elsewhere in the Mackay Region as well on similar grounds. This is a concern for many reasons, especially the concern that the intent of the Rural Residential Zone is not to create a more intense development. Moreover, it raises a concern that the zone intent is not being achieved and that the applicant does not acknowledge that they do not have a 'right' to subdivide if they do not achieve the requirements of the relevant codes.
The applicant, in various correspondences to Council, has made a point of advising Council that it has the ability to approve the proposal even though it does not comply with the requirements of the Planning Scheme, through the exercise of discretion in relation to non- compliances.
The applicant is correct and Council could exercise discretion in relation to this and any other issue of non-compliance with the Planning Scheme, though there needs to exist sufficient justification for the exercise of discretion.
It is not considered that there is sufficient justification or grounds for Council to exercise the discretions sought to be exercised by the applicant.
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DEVELOPER CONTRIBUTIONS
The proposal, if approved, would generate the issue of an Adopted Infrastructure Charges Notice based on the additional lots created. Given the recommendation of this report, no Contributions will be generated.
INFRASTRUCTURE CONSIDERATIONS
Water & Sewer
The subject site is not serviced by reticulated water or sewerage.
Any additional lots or dwellings created thereon would be required to provide an on-site effluent disposal system and a water supply based on collection of roofwater in tanks or bore supply. The actual option used would be at the discretion of the property owner.
Stormwater
No changes to the stormwater regime would be required. Generally stormwater is able to sheet flow on the property.
Roadworks
No roadworks (other than constructed driveways) would be generated by this proposal.
REFERRAL AGENCIES
Nil
SUBMISSIONS
Nil
RESOURCES IMPLICATIONS
There are no resource implications for Council as a result of this recommendation.
CONSULTATION
External
Preliminary advice was sought by applicant from Development Services on a subdivision inquiry in August 2012. Manager of Development Assessment advised that it was unlikely that a three lot subdivision of the subject site would be supported by Council. This advice was given a number of times via email between August 2012 and December 2012.
Following a refusal of the previous application (identical to the current application), the applicant met with the Director of Development Services, Council’s CEO and others. The primary outcome of the meeting was that the appeal against the refusal of the
MIN/15.05.2013 FOLIO 27345 FINAL MINUTES WEDNESDAY 15 MAY 2013
previous application would be held in abeyance, while a new identical application would be re-lodged and brought to a Council meeting for consideration.
Internal
The previous application (DA-2013-2, identical to the current application) was discussed with representatives from various Council Departments at the Development Assessment Review Team (DART) meeting on 15 January 2013 as a new application. Below are the relevant minutes from the Development Assessment Review Team (DART) meetings:
One into three not consistent with pre-lodgement advice which supported one into two. Two lots supported because it was generally consistent with the zone density of one lot per hectare. OK to refuse application as submitted under delegated authority.
A briefing on the proposed application was provided to Councillors on 24th April 2013, to outline the proposal, the discretions sought and the applicants' justifications for the proposal. The briefing was provided to give Councillors information on the proposal prior to the presentation of the relevant report on a Meeting Agenda and to permit Councillors to seek additional information on the proposal.
CONCLUSION
Based on the application’s non-compliance with the Planning Scheme, in particular the Reconfiguration of a Lot Code, it is recommended that the application be refused on the basis that the proposal does not meet the minimum lot requirements (i.e. 1ha minimum lot size in the Rural Residential Zone). Further, there are no planning grounds to warrant approval notwithstanding the conflict with the 1 lot per 1 ha criteria of the planning scheme.
The applicant has not demonstrated that there are sufficient Planning Grounds to justify approval of the proposal despite the non-compliance with the Planning Scheme
Officer Recommendation
A. THAT Council refuse the application for a Reconfiguration of a Lot (1 Rural Residential Lot into 3) on 26 Rural View Drive, Rural View or more formally known as Lot 2 on RP730309, based on the following grounds: 1. The proposal is inconsistent with the Mackay Frame Locality Code and the Rural Residential Zone Code. 2. The proposal is inconsistent with minimum lot areas and dimensions for Rural Residential lots as specified in the Reconfiguration of a Lot Code. 3. It is considered that there are no planning grounds to justify approval of the proposal despite the conflicts with the Planning Scheme.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Perkins Seconded Cr Morgan
CARRIED
MIN/15.05.2013 FOLIO 27346 FINAL MINUTES WEDNESDAY 15 MAY 2013
8.8 2012/2013 OPERATIONAL PLAN - 3RD QUARTER REVIEW
File No Operational Plan 2012/2013 Author Manager Governance & Assets
Purpose
The purpose of this report is to advise of the progress made during the third quarter to implement the 2012/2013 Operational Plan.
Background/Discussion
The Local Government Regulation 2012 requires Council to receive a written assessment of the organisation's progress towards implementing the annual operational plan at a meeting of Council held at regular intervals of not more than three months.
The third quarter review of the 2012/2013 Operational Plan is provided for Council's review and information. The details and explanations of variances in performance targets are detailed within the attached Operational Plan.
Consultation and Communication
The document has been prepared in consultation with Program Managers responsible for each activity.
The final document will be published on Council's website to allow the community the opportunity to review Council's progress in implementing the 2012/2013 Operational Plan and achieving the Corporate Plan objectives.
Resource Implications
The Operational Plan is designed to measure implementation of the Corporate Plan objectives and to ensure appropriate resources are allocated to priority areas.
Risk Management Implications
Nil
Conclusion
The 2012/2013 Operational Plan Review - 3rd Quarter is provided for Council's review and information.
MIN/15.05.2013 FOLIO 27347 FINAL MINUTES WEDNESDAY 15 MAY 2013
Officer's Recommendation
THAT Council receive the 2012/2013 Operational Plan Review for the quarter 1 January 2013 ending 31 March 2013 in accordance with Section 174 of the Local Government Regulation 2012.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Walker Seconded Cr Martin
CARRIED
8.9 MACKAY REGIONAL BOTANIC GARDENS MEADOWLANDS AMPHITHEATRE FESTIVAL AND EVENTS GUIDELINES
File No Meadowlands Amphitheatre Author Curator Mackay Regional Botanic Gardens
Purpose
This report provides information to enable the consideration and approval of the Mackay Regional Botanic Gardens Meadowlands Amphitheatre Festival and Events Guidelines (the Guidelines) document.
Background/Discussion
As part of the overall Master Plan for the Mackay Regional Botanic Gardens provision was made for an outdoor entertainment facility on the western bank of the lagoons. The main feature of the facility is the amphitheatre effect that has been achieved. Construction of the facility commenced in mid 2012 and is now at the final stages of completion.
The Meadowlands Amphitheatre as the facility is referred to is planned to open in mid 2013. The first event to be held at this facility is planned for late July. In order to provide criteria for use of the facility a comprehensive document has been developed to provide clear guidelines for event applicants proposing to use the facility.
Consultation and Communication
In under to assist in the development of the guidelines, Council formed a reference group and as such there has been ongoing discussion with the following internal stakeholders in relation to the development of the Guidelines:
Botanic gardens officers Engineering services officers Convention precinct and events officers
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Health and regulatory officers Meadowlands events reference group Councillors
The following external stakeholders have also been consulted:
Birdlife Mackay Mackay Regional Botanic Gardens Friends Association Inc. Other regional and city councils and botanic gardens Dale Kennedy Amplifier Hire
A briefing was provided to Councillors on 20 April 2013 which included a presentation of the Guidelines and projected costs to make the facility available for use in 2013. Plans to develop the facility in subsequent years were also presented at this meeting.
Resource Implications
The amphitheatre and associated infrastructure, as new Council assets/initiatives, will require allocation of additional operational funds for maintenance and asset management. Initially, the main operational costs will be additional power consumption for lighting and sewerage pumping. Additional security and grass slashing will also be required. The latter for a well maintained site, control of vermin, problematic wildlife (snakes) and weeds. During initial events, botanic gardens staff will be required to be present to monitor the event and use of the botanic gardens. This will result in an additional staffing costs where the events are outside of normal hours. These costs will vary depending on the scale and timing of the event and cannot be assessed at this time.
Risk Management Implications
Risk Management issues can be categorised into three (3) key areas:- 1. Public safety during events; 2. Amenity enjoyment by the wider community using the botanic gardens; and, 3. Potential negative effect on wildlife that noise from large crowds could induce.
1. The seating terrace and slopes is close to the lagoon edge. Planting of extensive plantings of Spiny-headed Mat-rush Lomandra longifolia and River Mat-rush Lomandra hystrix have commenced that will form a dense vegetative barrier. This has worked effectively on the opposite banks. Temporary fencing of some events is highlighted as a risk management option for hirers of the facility. Council has not recorded any incidents of visitors falling into the lagoons since the botanic gardens opened in 2003. Traffic Management Plans will be developed to allow for overflow parking at large events, and safe access and egress from Alexandra Street into Lansdowne Road.
2. Amplified music events could cause the amenity of the botanic gardens and adjacent residential areas to be affected. The facility has been placed low down the slope to prevent sound travelling to adjacent residences to the west. Amplification levels and time frames for events have been set to meet EPA standards and sound testing will occur prior to the facility opening that will provide acoustic information required for the necessary decibel control.
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3. Research results in Australia and overseas has shown that amplified sound with loud or sudden noises has caused wildlife reduction, especially nesting or roosting bird life. Damage occurs quickly whilst recovery occurs slowly. Botanic garden's staff, in conjunction with Birdlife Mackay (the leading advocacy organisation for birds in the region), will monitor birdlife adjacent the lagoon to review if site use and visitation by birdlife declines in conjunction with specific and/or ongoing event usage.
The Guidelines have been developed to assist in the management of identified event risks. Monitoring will be in place for the duration of the first one and a half years of operation to monitor potential impacts on wildlife and the amenity of the botanic gardens. Any proposed events that fall outside of the Guidelines and any event with a liquor licence will be referred to the Meadowlands Events Reference Group Committee for consideration. Under circumstances where the Committee is unable to decide whether an event is suitable, a report is to be presented to Council for decision.
Conclusion
Concise and clearly understood guidelines for use of the Meadowlands Amphitheatre was required. A reference group was formed to provide guidance and express the views of whole of Council in development of the Guidelines. The Guidelines were amended by the working group to reflect THE opportunity to allow a wider range of events to be permitted to be held at the facility, providing greater public use. Potential negative impacts on the botanic gardens and local wildlife will be monitored during the first year of operation.
Officer's Recommendation
1. THAT Council adopt the draft Mackay Regional Botanic Gardens Meadowlands Amphitheatre Festivals and Event Guidelines, 2. THAT the Mackay Regional Botanic Gardens Meadowlands Amphitheatre Festivals and Event Guidelines usage is monitored, for effectiveness, by the Curator of the Mackay Regional Botanic Gardens until 31 December 2014. 3. AND THAT a report to Council on the effectiveness of the Mackay Regional Botanic Gardens Meadowlands Amphitheatre Festivals and Event Guidelines usage be submitted in March 2015.
Council Resolution
THAT the Report be withdrawn for further consideration.
Moved Cr Morgan Seconded Cr Casey
CARRIED
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9. CONSIDERATION OF COMMITTEE REPORTS:
9.1 DRAFT MINUTES RURAL AFFAIRS ADVISORY COMMITTEE
Author Director Community Services
Purpose
Attached is a copy of the draft Rural Affairs Advisory Committee minutes of 18 April 2013 for information purposes.
Officer's Recommendation
THAT the minutes of the Rural Affairs Advisory Committee meeting of 18 April 2013 be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Jones Seconded Cr Perkins
CARRIED
9.2 DRAFT CHARACTER HERITAGE ADVISORY COMMITTEE MINUTES - 12 APRIL 2013
Author Strategic Planner - Local Area Planning
Purpose
Attached is the draft minutes of the Heritage Advisory Committee meeting held 12 April 2013, for information purposes and consideration of recommendations.
Advisory Committee’s Recommendation
THAT:
1. The minutes be received.
Officer's Recommendation
THAT the minutes be received and all recommendations be discussed at the next Character Heritage Advisory Committee meeting.
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Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Perkins Seconded Cr Bonanno
CARRIED
9.3 DRAFT MINUTES SUSTAINABLE FUTURES ADVISORY COMMITTEE
Author Director Corporate Services
Purpose
Attached is a copy of the draft Sustainable Futures Advisory Committee minutes of 6 May 2013 for information purposes.
Officer's Recommendation
THAT the minutes of the Sustainable Futures Advisory Committee meeting of 6 May 2013 be received.
Council Resolution
THAT the Officer's Recommendation be adopted.
Moved Cr Morgan Seconded Cr Jones
CARRIED
10. RECEIPT OF PETITIONS:
Nil
11. TENDERS:
Nil
12. CONSIDERATION OF NOTIFIED MOTIONS
Nil
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13. LATE BUSINESS:
13.1 LEAVE OF ABSENCE - CR PERKINS
THAT Cr Perkins be granted leave of absence for the Ordinary Meeting on 5 June 2013.
Moved Cr Jones Seconded Cr Gilbert
CARRIED
13.2 LEAVE OF ABSENCE - CR GILBERT
THAT Cr Gilbert be granted leave of absence for the Ordinary Meeting on 3 July 2103.
Moved Cr Bonaventura Seconded Cr Morgan
CARRIED
14. PUBLIC PARTICIPATION:
Nil
MIN/15.05.2013 FOLIO 27353 FINAL MINUTES WEDNESDAY 15 MAY 2013
15. CONFIDENTIAL REPORTS:
15.1 COMMENTS ON MACKAY AIRPORT DRAFT LAND USE PLAN 2012
Council Recommendation
A. THAT Council resolve to maintain an objection to the draft Mackay Airport Land Use Plan 2012 for the following reasons:
i. The extent of non-aviation commercial uses in the Milton Street precinct will create a major activity centre that does not support the network of centres in Mackay, and will detract from existing and planned centres - including the City Centre and future Ooralea centre.
ii. Approval of the Draft Mackay Airport Land Use Plan 2012 will result in undue financial impacts on Council as a result of trunk infrastructure provision related to the development of the airport site, including the surrounding road, water and sewerage network.
B. AND THAT a letter be drafted to the Minister for State Development, Infrastructure and Planning, with a copy of the submission to council, stating council's substantial objection to the draft Mackay Airport Land Use Plan 2012.
Moved Cr Perkins Seconded Cr Jones
CARRIED
15.2 PLANNING & ENVIRONMENT COURT APPEAL NO. 1292 OF 2013 - BEVERLEY DORIS WOODWARD - LOT 1, LOT 7 AND 109 WOODWARDS ROAD, RICHMOND (726997-001, 180550-007, 702751-007- DA-2011-299)
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.
Moved Cr Perkins Seconded Cr Casey
CARRIED
Cr Bonaventura recorded his vote against the Motion.
MIN/15.05.2013 FOLIO 27354 FINAL MINUTES WEDNESDAY 15 MAY 2013
15.3 PLANNING & ENVIRONMENT COURT APPEAL NO. 1320 OF 2013 - BROADEN MANAGEMENT PTY LIMITED AND INVESTEC BANK (AUSTRALIA) LIMITED - 117 ARCHIBALD STREET, PAGET (235519-06- DA-2000-13/B)
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.
Moved Cr Perkins Seconded Cr Steindl
CARRIED
15.4 DEVELOPMENT SERVICES MONTHLY LEGAL REPORT - MONTH ENDING 30TH APRIL 2013
Council Recommendation
THAT the report be received.
Moved Cr Perkins Seconded Cr Bonanno
CARRIED
15.5 MILTON STREET DRAINAGE STUDY
Council Recommendation
THAT Council receive the report as the basis for determining the drainage infrastructure strategy for the Milton Street Catchment.
THAT Council initiate the required land purchases to acquire drainage reserves or easements necessary to facilitate the works proposed in this study.
Moved Cr Casey Seconded Cr Perkins
CARRIED
MIN/15.05.2013 FOLIO 27355 FINAL MINUTES WEDNESDAY 15 MAY 2013
15.6 REGIONAL SUSTAINABILITY STRATEGY
Council Recommendation
THAT Council approve its Chief Executive Officer to proceed with Phase 2 of the Regional Sustainability Strategy under these terms:
a) Council approves the budget for Phase 2 of the project and makes allowance in the 2013/14 budget for the continuation of the project. b) That the services of a suitable Project Director are sought on a 3 year contract and Council makes allowance in the 13/14 budget. c) Engage appropriate consultants to work with Council to provide the deliverables required under Phase 2 of the RSS Project and d) That a further report at the cessation of Phase 2 of the Project be delivered to Council.
Moved Cr Perkins Seconded Cr Bonaventura
CARRIED
16. MEETING CLOSURE
The meeting closed at 10.37 am.
17. FOR INFORMATION ONLY
17.1 DEVELOPMENT APPLICATION INFORMATION - 22.04.13 TO 28.04.13
For Council Information Only - No Decision Required.
Development Applications Received
App no Code / Address Applicant Description Officer Impact CON- 6 Hart Street, Coastal Building Building Work - Boundary Setback for Carport Josephine 2013-105 SOUTH MACKAY Approval McCann Service MCUC- Code 64 Makybe Diva Sandsky Dual Occupancy Matthew 2013-149 Drive, OORALEA Developments Ingram MCUC- 1 Eales Road, Stuart A Niven Dual Occupancy Andrea 2013-144 RURAL VIEW and Angela B McPherson Niven
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App no Code / Address Applicant Description Officer Impact CA-2008- 802 Eimeo Road, Plantation Request for plans to be considered 'genrally Julie Brook 42 RURAL VIEW Palms in accordance' - Material Change of Use - Properties Pty Preliminary Approval for Locality Concept Ltd Plan No. 8 AND Material Change of Use - Preliminary Approval for Site Development Plan (Residential Subdivision) AND Reconfiguration of a Lot - Creation of 314 Urban Residential Lots plus 2 Parkland Lots in compliance with the provisions of the Eulbertie Park Plan of Development as approved by Council (MCI-2000-30) issued 17 December, 2003
MCUCD- 17 Holts Road, Australasian Request to Extend Relevant Period - Material Shane 2002-85 BEACONSFIELD Conference Change of Use - Impact Assessment - to Kleve Association Ltd establish a private school in stages. Stage 1 to be preliminary approval - balance of stages - development permit.
MCUC- Code 158 Horse & Joanne I Dwelling House (Flood and Inundation Andrea 2013-148 Jockey Road, Stewart Overlay) and Residential Storage Shed (Flood McPherson RACECOURSE and Inundation Overlay)
MCUC- Code 61 Hinze Circuit, Bay Investment Dual Occupancy Andrea 2013-143 RURAL VIEW Trust McPherson ROLC- Code 241 Sugarshed Damien Raines 1 Rural Lot into 2 Lots Kathryn 2013-146 Road, ERAKALA Goodman CON- 15 Stephanie Development Boundary Setback for Dwelling House Kathryn 2013-103 Court, GLENELLA Certification Goodman CON- L 214 Deals Road, Brett T Building Work - Boundary Setback for Storage Julie Brook 2013-107 KUTTABUL Stibbards and Units Karen M Stibbards MCUCD- Code 323 Bridge Road, Urbis Pty Ltd Change an Existing Approval (Shopping Matthew 2005-28 WEST MACKAY Centre) Ingram CON- 18 Bankswood Mackay and Building Work - Boundary Setback for Josephine 2013-101 Street, Whitsunday Dwelling House & Garage McCann BEACONSFIELD Building Certification CON- L 903 Eaglemount Visual Building Work - Boundary Setback for Julie Brook 2013-104 Road, Constructions Dwelling House on proposed lot 112 BEACONSFIELD Pty Ltd
CON- 1 Atherton Street, Coastal Building Building Work - Boundary Setback for House Andrea 2013-106 SARINA Approval McPherson Service MCUC- Code 29 Logan Gavin L Shailer 'Generally in Accordance' Residential Storage Josephine 2012-236 Crescent, Shed Exceeding 85m2 on a Rural Res Lot. McCann ERAKALA
MCUC- Code 59 Beach Road, Rebecca M Line Home Based Business (Hairdresser) Andrea 2013-145 DOLPHIN HEADS McPherson ROLC- Code L 507 Stone Drive, Raceview 1 Urban Expansion Lot into 56 Lots Matthew 2013-147 SHOAL POINT Developments Ingram Pty Ltd
Development Applications Entering Decision Making Period
App Code / Address Applicant Description Officer Number Impact MCUC- Code 859 Yakapari-Habana The Maroon Group Pty Dwelling House (Steep Helle Jorgensen 2013-109 Road HABANA Ltd Land Overlay) Smith
MCUC- Code 1 Eales Road RURAL Stuart A Niven and Dual Occupancy Andrea 2013-144 VIEW Angela B Niven McPherson
MIN/15.05.2013 FOLIO 27357 FINAL MINUTES WEDNESDAY 15 MAY 2013
App Code / Address Applicant Description Officer Number Impact MCUC- Code 59 Beach Road Rebecca M Line Home Based Business Andrea 2013-145 DOLPHIN HEADS (Hairdresser) McPherson
ROLC- Code 45 Phoenix Crescent Plantation Palms 1 Urban Expansion Lot Julie Brook 2013-118 RURAL VIEW Properties Pty Ltd into 6 Lots
Development Applications Finalised
App No Code / Location Applicant Description Officer Impact Approved Subject to Conditions
CON- 24 Pacific Pro Approvals Building Work - Boundary Setback for Andrea ASPA- Esplanade Shed McPherson 2013/93 SLADE POINT QLD 4740 CON- 2/120 Waverley Suncare Building Work - Boundary Setback for Andrea ASPA- Street Construction Aust House McPherson 2013/94 BUCASIA QLD 4750 CON- 3 Bachelor Court The Shed Building Work - Boundary Setback for Andrea ASPA- MARIAN QLD Company Shed McPherson 2013/96 4753 MCUC- Code 746 Yakapari- Stanley J Residential Storage Shed & Carport Andrea ASPA- Habana Road Spackman McPherson 2013/53 HABANA QLD 4740 MCUC- Code 167 Paradise Peter Cardiff Warehouse Brogan ASPA- Street Jones 2012/424 SOUTH MACKAY QLD 4740 CON- 58 Mackenzie Stephen L De Building Work - Boundary Setback for Helle ASPA- Street Keijzer Residential Storage Shed Jorgensen 2013/98 WEST MACKAY Smith QLD 4740 MCUC- Code 43 Glenpark Nicole M Hogan Home Based Business (Massage) Helle ASPA- Street Jorgensen 2013/104 NORTH MACKAY Smith QLD 4740 MCUC- Code 37 Logan Clinton J Smith Residential Storage Shed Exceeding Josephine ASPA- Crescent 85m2 on Rural Residential Lot. McCann 2013/124 ERAKALA QLD 4740 MCUC- Code 64 Miclere- Barbies Home Based Business (Scrapbooking) Kathryn ASPA- Farleigh Road Scrapbooking Goodman 2013/32 FARLEIGH QLD Magic 4741 MCUC- Code 10 Success Street Louis J Kinsey General Industry (Storage of Cars) Matthew ASPA- PAGET QLD and Maxine Ingram 2013/117 4740 Kinsey MCUC- Code L 902 Dawson Sandsky Dual Occupancy Matthew ASPA- Boulevard Developments Ingram 2013/50 RURAL VIEW QLD 4740 MCUC- Code 859 Yakapari- The Maroon Stable Matthew ASPA- Habana Road Group Pty Ltd Ingram 2013/66 HABANA QLD 4740 ROLC- Code 4-10 Creek Street RPS Group 1 Commercial Lot into 2 Lots Matthew ASPA- WALKERSTON (Mackay) Pty Ltd Ingram 2011/308 QLD 4751 ROLC- Code 48 Crowleys Road Ross A Powell 1 Rural Lot into 2 Lots Matthew ASPA- RACECOURSE Ingram 2013/108 QLD 4740 MCUCD- Code 148 Sams Road Vanyield Pty Ltd Permissible Change - Extension of the Shane Kleve IDAS- NORTH MACKAY Relevant Period & Change of Conditions - 2008/660A QLD 4740 Material Change of Use - Retail Showroom and/or Machinery and Vehicle Sales Showroom
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App No Code / Location Applicant Description Officer Impact Generally in Accordance With
ROLC- Code 894-968 Mackay- RPS Group Request to consider plans 'generally in Kathryn ASPA- Bucasia Road (Mackay) Pty Ltd accordance' 1 Rural Lot into 130 Goodman 2011/86B BUCASIA QLD Residential Lots, 1 Existing House Lot and 4750 1 Parkland Lot (Avalon Estate Stages 6-9)
17.2 DEVELOPMENT APPLICATION INFORMATION - 29.04.13 TO 05.05.13
For Council Information Only - No Decision Required.
Development Applications Received
App no Code / Address Applicant Description Officer Impact MCUC- Code 25 Florence Street, David Reid Homes Dwelling House (Steep Land Overlay) Josephine 2013-150 EIMEO Mackay McCann ROLC- Code 46 Palm Ridge Drive, Gillian Camilleri 1 Rural Residential Lot into 2 Lots Julie Brook 2013-156 RICHMOND MCUC- Code 165-167 Boundary Europcar Vehicle Hire Premises Matthew 2013-153 Road East, PAGET Ingram CON- 22 Morehead Drive, Careena M Knuth Building Work - Boundary Setback for Andrea 2013-108 RURAL VIEW Dwelling House & Shed McPherson
MCUCD- L 1 Broad Street, Backcorp Holdings Request to for a Permissible Change - Helle 2008-249 SARINA Pty Ltd Material Change of Use - Motel (40 Jorgensen Accommodation Units, Restaurant, Smith Office) MCUI- Impact 28 Bourke Street, Alastair K Lang and Dual Occupancy Julie Brook 2012-290 BLACKS BEACH Denise A Lang MCUC- Code 2 Balnagowan Mark L Gayton and Caretakers Residence Helle 2013-155 Mandarana Road, Deborah M Gayton Jorgensen THE LEAP Smith MCUC- Code 41 Avalon Drive, Sandsky Dual Occupancy Kathryn 2013-152 RURAL VIEW Developments Goodman CON- 44 Alan Street, Matthew T Merrin Boundary Setback for Shed Kathryn 2013-109 MARIAN Goodman ROLC- Code 3 Russell Avenue, Francis J Martin 3 Urban Residential Lots into 4 Lots Helle 2013-151 SLADE POINT Jorgensen Smith MCUC- Code 6-8 Margaret Vella Geoffrey L Vatas- Transport Depot Matthew 2013-157 Drive, PAGET Simpson Ingram MCUC- Code 3 Michigan Way, Sandsky Dual Occupancy Josephine 2013-154 ANDERGROVE Developments McCann
Development Applications Entering Decision Making Period
App Code / Address Applicant Description Officer Number Impact MCUC- 28 Highview Close Leonie Armstrong and Residential Storage Shed Andrea 2013-106 FARLEIGH Robert H Armstrong (Steep Land Overlay) McPherson MCUC- 6 Margaret Vella Geoffrey L Vatas- Transport Depot Matthew 2013-157 Drive PAGET Simpson Ingram ROLC- 0 Westlake Drive Treble Crown 3 Rural Lots into 36 Lots Julie Brook 2011-118 THE LEAP Investments Pty Ltd ROLC- 0 Rosewood Drive Xcel Properties Pty Ltd 1 Urban Expansion/Open Julie Brook 2011-276 RURAL VIEW Space Lot into 2
ROLC- 93226 Bruce Ross W Lemberg Boundary Realignment 2 Brogan Jones 2012-169 Highway CHELONA Rural Lots into 2 Lots
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App Code / Address Applicant Description Officer Number Impact ROLC- 3 Russell Avenue Francis J Martin 3 Urban Residential Lots into Helle 2013-151 SLADE POINT 4 Lots Jorgensen Smith ROLC- 46 Palm Ridge Drive Gillian Camilleri 1 Rural Residential Lot into 2 Julie Brook 2013-156 RICHMOND Lots ROLC- 18 North Eton Road Gerard P De Thomasis 1 Open Space Lot into 4 Lots Darryl Bibay 2013-82 NORTH ETON and Access Easement ROLC- 175 Mountney Road Edward C Tipping and 1 Split Zone Lot (Sarina) into 2 Josephine 2013-93 SARINA Nicola J Tipping Lots (Sarina). McCann
Development Applications Finalised
App No Code / Location Applicant Description Officer Impact Approved Subject to Conditions
CON- 13 Glenoak Gemini Homes Building Work - Boundary Setback for Andrea ASPA- Avenue (QLD) Pty Ltd Dwelling House McPherson 2013/97 RICHMOND QLD 4740 CON- 180 Whitehaven GMA Certification Building Work - Boundary Setback for Andrea ASPA- Drive Group Pty Ltd Dwelling House McPherson 2013/99 BLACKS BEACH QLD 4740 MCUI- Impact 2989 Mackay- Lindsay McGregor Kennels Brogan ASPA- Eungella Road Jones 2013/1 BENHOLME QLD 4754 MCUC- Code 10 Gold Street Akasa Pty Ltd Multiple Dwelling Units (6) Darryl Bibay ASPA- MACKAY QLD 2012/410 4740 MCUC- Code 21 Streeter Avenue Johnny Thai Multiple Dwelling Units (6) Darryl Bibay ASPA- WEST MACKAY 2012/421 QLD 4740 CON- 18 Bankswood Mackay and Building Work - Boundary Setback for Josephine ASPA- Street Whitsunday Dwelling House & Garage McCann 2013/101 BEACONSFIELD Building QLD 4740 Certification
MCUC- Code 23 Makybe Diva Gemini Homes Dwelling House Josephine ASPA- Drive (QLD) Pty Ltd McCann 2013/128 OORALEA QLD 4740 CON- L 903 Eaglemount Visual Building Work - Boundary Setback for Julie Brook ASPA- Road Constructions Pty Dwelling House on proposed lot 112 2013/104 BEACONSFIELD Ltd QLD 4740 CON- L 214 Deals Road Brett T Stibbards Building Work - Boundary Setback for Julie Brook ASPA- KUTTABUL QLD and Karen M Storage Units 2013/107 4741 Stibbards
CON- 316 Anzac Avenue Higgins Designer Boundary Setback for Dwelling House Kathryn ASPA- MARIAN QLD Homes Goodman 2013/100 4753 ROLC- Code 44 Bruce Highway Vasyl Stiazhkin 1 Urban Residential lot into 2 lots Matthew ASPA- BAKERS CREEK Ingram 2013/36 QLD 4740 MCUC- Code 84 Wood Street Adrian J Connors Hotel Shane Kleve ASPA- MACKAY QLD 2013/83 4740 Application Expired
MCUCD- Code 1-5 Interlink Court The Shell Change Existing Approval - Material Matthew IDAS- PAGET QLD Company of Change of Use - Service Station, Ingram 2007/583B 4740 Australia Ltd 800m2 Warehouse, 507m2 Catering Shop-Shops-Commercial Premises
Environmentally Relevant Activity - 8 Chemical Storage
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App No Code / Location Applicant Description Officer Impact Application Lapsed
MCUCD- Code 1-5 Interlink Court The Shell Change Existing Approval - Material Matthew IDAS- PAGET QLD Company of Change of Use - Service Station, Ingram 2007/583B 4740 Australia Ltd 800m2 Warehouse, 507m2 Catering Shop-Shops-Commercial Premises
Environmentally Relevant Activity - 8 Chemical Storage
Confirmed on Wednesday 22 May 2013
………………………………………
MAYOR
MIN/15.05.2013 FOLIO 27361 FINAL MINUTES WEDNESDAY 15 MAY 2013
APPENDIX / ATTACHMENTS
MIN/15.05.2013 FOLIO 27362 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27363 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27364 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27365 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27366 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27367 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27368 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27369 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27370 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27371 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27372 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27373 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27374 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27375 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27376 FINAL MINUTES WEDNESDAY 15 MAY 2013
MIN/15.05.2013 FOLIO 27377 FINAL MINUTES WEDNESDAY 15 MAY 2013
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