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Cardno (Qld) Pty Ltd ABN 57 051 074 992
Level 2
56 Gordon Street
Mackay QLD 4740
Australia
PO Box 244
Mackay QLD 4740
Australia
Phone: +61 7 4953 2877
Fax: +61 7 4953 2577
www.cardno.com
www.cardno.com/cardnohrp
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Our Ref JV: HRP12256 Contact John Viklund
6 December 2013
The Chief Executive Officer Mackay Regional Council PO Box 41 MACKAY QLD 4740
Attention: Darryl Bibay Your ref: DA-2013-242 Dear Darryl REQUEST FOR NEGOTIATED DECISION NOTICE AND ADOPTED INFRASTRUCTURE CHARGES NOTICE – DA-2013-242 – MATERIAL CHANGE OF USE – NOXIOUS OFFENSIVE OR HAZARDOUS INDUSTRY (EXPLOSIVES STORAGE, ANCILLARY OFFICES AND VEHICLE STORAGE) – 167 BARREN CREEK ROAD CALEN – LOT 26 CI 581 – PAULETTE M CARUANA AND FRANCIS P CARUANA
The following representations are made on behalf of the applicant with respect to conditions within the Development Approval and Adopted Infrastructure Charges Notice, seeking the review and amendment, or deletion.
Representations are made in relation to the Decision Notice and Adopted Infrastructure Charges Notice issued on 21 November 2013, as per Section 361 and Section 677 of the
Sustainable Planning Act 2009 (SPA) respectively.
Requested additional text is highlighted in bold with deletions noted by strikethrough.
A copy of Decision Notice and Adopted Infrastructure Charges Notice DA-2013-242 are attached hereto.
Typographic corrections:
“Hazardous”: précis (page 1); Item 4 (page 2); AICN précis.
“Storage”: précis (page 1); Item 4 (page 2); Condition 1; AICN précis.
Conditions:
11. Hours of Operation Existing Condition: The hours of operation must be limited to 7 am to 7 pm. Monday to Saturday excluding public holidays. Proposed Condition: Delete the condition
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Justification: The hours of operation set by the condition are inappropriate to the nature of the use being for a storage facility in addition to the use being in a rural locality with no immediate adjoining residences. The following grounds are provided in support of this request:
The premises is a productive cane farm typical of the locality within which farm machinery and haulage vehicles can already operate for up to 24hrs a day.
It is unnecessary and impractical that operations, including deliveries, can only occur Monday to Saturday from 7am to 7pm. Delivery vehicles will often make long distance journeys and it is essential for safety and security that the trucks deliver directly and immediately to the secure compound area rather than idle on the road side or a truck stop, etc. Planning for long distance trips may also require that vehicles depart outside of the regulated hours in order to travel safely and arrive at the receiving depot, etc at appropriate times.
The approved storage facility itself maintains a separation distance of hundreds of metres to any adjoining residence. Furthermore, the approved use is generally not a noise generating activity. Therefore, it is not expected that the depot will impact on any sensitive land use in the locality.
As no direct amenity impacts to adjoining residences are associated with the approved use, it is therefore considered that the general duty under the under the Environmental Protection Act not to cause environmental harm is appropriate in this instance. Assessment Manager Advice 1 “Hours of Work” provides suitable and adequate notice to the applicant in this regard.
17. Security Existing Condition: Security fencing must be provided around the proposed facility in accordance with the relevant Australian Standard. Gates in the fencing and entrances to the storage facilities must be locked at all times and must only be opened to allow access for persons officially authorized to enter the subject site by the manager / operator of the proposed facility. Proposed Condition: Delete the condition Justification: Condition 17 relates to the conditions under which the explosives must be stored, which is the jurisdiction of the Department of Mines and Energy, being the issuing authority of the “Licence to Store Explosives” under the Explosives Act 1999. The generic conditions of approval of the explosives storage licence require that the “holder must ensure the security of all explosives under their control and that unauthorised persons to not obtain access to any such explosives (refer to attached copy of typical licence). Condition 17 is therefore a duplication of the generic conditions of the explosives licence and unnecessarily burdens Council with the ongoing enforcement of a matter more appropriately regulated through the Department of Mines and Energy. Adopted Infrastructure Charges Notice: Existing:
NET CHARGE AMOUNT - $25,440.00+ annual adjustments and/or reviews
CHARGE CALCULATION
Charge Category Adopted Infrastructure
Demand Units No. of Demand Units
Charge Amount
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Charge
Industry (High Impact)
$70 M2
Gross Floor Area (GFA)
303 $21,210.00
$10 M2 Impervious
Area 423 $4,230.00
Gross Charge Amount Total $25,440.00
NET CHARGE SUMMARY
Gross Charge Amount Applied Credit Amount Net Charge Amount
$25,440.00 $0 $25,440.00
Proposed:
NET CHARGE AMOUNT - $25,440.00 $11,810.22+ annual adjustments and/or reviews
CHARGE CALCULATION
Charge Category Adopted Infrastructure
Charge
Demand Units No. of Demand Units
Charge Amount
Industry (High Impact)
$70 $32.50
M2
Gross Floor Area (GFA)
303 $21,210.00 $9,847.50
$10 $4.64
M2 Impervious
Area 423 $4,230.00
$1,962.72
Gross Charge Amount Total $25,440.00 $11,810.22
NET CHARGE SUMMARY
Gross Charge Amount Applied Credit Amount Net Charge Amount
$25,440.00 $11,810.22
$0 $25,440.00 $11,810.22
Justification: The site is in a rural locality outside the Priority Infrastructure Area where there are no reticulated urban services (i.e. water / sewerage / stormwater networks). Accordingly, and per ‘in principle discussions’ with Council’s Manager of Development Assessment, it is relevant that a reduced rate of charge be applied to the use. In particular, the proportionate rate of $13,000 over $28,000 for a dwelling house in the Mackay Regional Council area where “water supply or sewerage trunk infrastructure networks are not provided and unavailable outside the urban areas” has been applied. This provides the comparative percentage of infrastructure charge rates of $32.50/m
2 GFA and $4.64/m
2 impervious.
We trust this information is of assistance in Council’s assessment of the request to amend conditions of approval, and look forward to Council’s approval of same in due course. Please contact the undersigned if we can provide any further information.
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Yours faithfully
John Viklund Senior Planner for Cardno HRP Tel: 07 4953 2877 Email [email protected]
Encl: DA-2013-242 Decision Notice DA-2013-242 Adopted Infrastructure Charges Notice Copy of Licence to Store Explosives Copy: F & PM Caruana
YOUR REF: HRP12256
UR REF: DA-2013-242
20 November 2013 Francis P Caruana and Paulette M Caruana C/- Cardno HRP PO Box 244 MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Francis P Caruana and Paulette M Caruana Proposal: Material Change of Use - Noxious, Offensive or
Harzardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage)
Application Number: DA-2013-242 Address: 167 Barren Creek Road, CALEN QLD 4798 Property Description: Lot 26 on CI581 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Darryl Bibay.
This is a Mackay Regional Council Digitally Signed Document
Decision Notice
Sustainable Planning Act
Application Number: DA-2013-242
Date of Decision: 20 November 2013
1. APPLICANT/S DETAILS
Name: Francis P Caruana and Paulette M Caruana
Postal Address:
C/- Cardno HRP
PO Box 244
MACKAY QLD 4740
2. PROPERTY DETAILS
Property Address: 167 Barren Creek Road, CALEN QLD 4798
Property Description: L26/CI581
3. OWNER’S DETAILS
Francis P Caruana and Paulette M Caruana
4. PROPOSAL
Material Change of Use - Noxious, Offensive or Harzardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage)
5. DECISION TYPE
DEVELOPMENT DECISION
Material Change of Use Development Permit
Approved in Full Subject to Conditions
This is a Mackay Regional Council Digitally Signed Document
Decision Notice
Sustainable Planning Act
6. ASSESSMENT MANAGER’S CONDITIONS
The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.
7. IDAS REFERRAL AGENCIES
3rd Party Advice Agencies
Department of Natural Resources and Mines
PO Box 63 MACKAY QLD 4740
8. SUBMISSIONS
Submitter (with Appeal Rights)
Sidney W Hayles (Jnr) 453 Barron Pocket Rd CALEN QLD 4798
Submitter (with Appeal Rights)
Donald J Hall 474 Barron Pocket Rd CALEN QLD 4798
Submitter (with Appeal Rights)
Heather R Hall 474 Barron Pocket Rd CALEN QLD 4798
9. PLANNING SCHEME
This decision is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.
10. SUPERSEDED PLANNING SCHEME
Not Applicable
11. FURTHER APPROVALS REQUIRED
Operational Works Assessment - Compliance Permit – (Document) Rural Access (turning path)
Building Works – Development Permit Plumbing and Drainage Works – Compliance Permit
12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME
Not Applicable
13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.
14. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your appeal rights and the
appeal rights of any submitters regarding this decision.
This is a Mackay Regional Council Digitally Signed Document
Decision Notice
Sustainable Planning Act
15. ASSESSMENT MANAGER SIGNATURE
Name Leah Harris
Position Principal Planner
Signature Date
This is a Mackay Regional Council Digitally Signed Document
ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-242 Decision Date: 20 November 2013
1. Plan of Development
The approved Noxious, Offensive or Hazardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage) 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.
Job Number
Title Revision Prepared by Date
HRP12256 Plan of Development
Cardno HRP June 2013
HRP12256 Inset 1: Office and Records
Cardno HRP June 2013
HRP12256 Inset 2: Explosives Storage
Cardno HRP June 2013
HRP12256 Offices and Storage
Cardno HRP June 2013
HRP12256 Open Shed and Truck Storage
Cardno HRP June 2013
2. 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.
3. 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.
4. 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.
5. 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).
Page 1 of 5
This is a Mackay Regional Council Digitally Signed Document
ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-242 Decision Date: 20 November 2013
6. Damage
Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.
7. 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.
8. 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.
9. 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.
10. General Amenity Provision
The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the:
• Transport of materials, goods or commodities to or from the subject site. • Appearance of any building, works or materials • Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit or oil • Presence of vermin
11. Hours of Operation
The hours of operation must be limited to 7 am to 7 pm. Monday to Saturday excluding public holidays.
12. Site Access
A rural access onto Barren Creek Road must be constructed in accordance with Council’s Standard Drawing A4-25. The access must be designed to accommodate the turning paths of a heavy ridged vehicle.
13. Geotechnical Certification
The development must comply with Council’s geotechnical requirements for building on steep land. At the completion of the development, Council requires the risk level in relation to landslide to be certified as ‘low’ in accordance with ‘Landslide Risk Management’ Australian Geomechanics Journal Vol 42 No.1 March 2007.
14. Compliance with Council Standards
Page 2 of 5
This is a Mackay Regional Council Digitally Signed Document
ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-242 Decision Date: 20 November 2013
All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard construction specifications.
15. Firebreak and Fire fighting Equipment
A firebreak around the outside of the proposed security fence must be established and maintained and fire fighting equipment is to be maintained at each storage site as required under the licence requirements of the dangerous goods storage codes
16. Display and Sale of Materials
No materials are to be displayed publicly or offered for sale directly from the premises.
17. Security
Security fencing must be provided around the proposed facility in accordance with the relevant Australian Standard. Gates in the fencing and entrances to the storage facilities must be locked at all times and must only be opened to allow access for persons officially authorized to enter the subject site by the manager / operator of the proposed facility.
18. Dust Control
All roads/storage areas/external stockpiles/vacant or grazed areas must be maintained to avoid dust nuisance to any residential area to the satisfaction of the Council.
19. Noise During Construction and Noise in General
It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.
Page 3 of 5
This is a Mackay Regional Council Digitally Signed Document
ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-242 Decision Date: 20 November 2013
ASSESSMENT MANAGER’S ADVICE 1. 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.
2. 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.
3. 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.
4. Noise During Construction and Noise in General
It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.
5. General Safety of Public During Construction
It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.
6. Contaminated Land
It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.
Page 4 of 5
This is a Mackay Regional Council Digitally Signed Document
ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-242 Decision Date: 20 November 2013
7. Explosive Act compliance
It is strictly the applicant/owner’s responsibility to ensure compliance with Explosives Act 1999.
8. Adopted Infrastructure Charges Notice
Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. 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.
Page 5 of 5
This is a Mackay Regional Council Digitally Signed Document
Queensland Government
File No:
Contact:
Unit:
Phone:
Facsimile:
E-mail:
1665
Noel Erichsen
Explosives - Safety and Health 0731998015
32247768
Leah Harris
Principal Planner
Mackay Regional Council PO Box 41
MACKAY QLD 4740
r;;=---’ 1
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-
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I Rev I’ 1 ,.
(J r. T ? ~’1 /, ~ I
f--: ---
1 No ’
"llpo r""rJ:2A --5’/170/1 /1
04 October 2013
Dear Leah
REQUEST FOR THIRD PARTY ADVICE FOR MATERIAL CHANGE OF USE - DA.2013.242
I refer to the letter received by the Department of Natural Resources and Mines (DNRM) Mackay office sent on 29 July 2013 that requests third party advice in relation to a material
change of use - noxious offensive or hazardous industry (explosives storage, ancillary offices & vehicle storage) at 167 Barren Creek Road, CALEN QLD 4798 (Application Number DA-
2013-242).
The Explosives Inspectorate, Safety and Health, DNRM regulates explosives in Queensland under the Explosives Act 1999 (the Act) and Explosive Regulation 2003 (the Regulation). An
authority to store explosives is required for any site that stores explosives in Queensland under section 44 of the Act.
In relation to the site at 167 Barren Creek Road, a licence to store explosives is currently held
by Caruana Holdings Pty Ltd. The material change of use development application (the development application) submitted to the Mackay Regional Council for this site lists current and proposed explosives storage for the site, including Class 1 explosives, ammonium nitrate
(AN) and ammonium nitrate emulsion (ANE). The current licence to store explosives for the site covers the "current explosives storage" as listed in the development application. The
Explosives Inspectorate to date has not received an application to alter the current licence to store explosives for this site to increase the storage quantity of explosives based on the
"proposed explosives storage" in the development application.
Based on the information provided in the development application, it is not possible for the
Explosives Inspectorate to confirm that the "proposed explosives storage" complies with the Act or the Regulation. An application to alter the licence to store an additional quantity of
explosives, with required supporting information, would need to be submitted to the Explosives Inspectorate to make this assessment. The increase in the quantity of explosives for the
Page 1 of2
Department of Natural Resources and Mines
PO Box 15216
City East
Queensland 4002 Australia
Telephone +61732247512
Facsimile +61 7 3238 3088
Website www.dnrm.qld.gov.au
ABN 59 020 847 551This is a Mackay Regional Council Digitally Signed Document
"proposed explosives storage" may not meet the statutory requirements for storage of
explosives.
Regarding the statutory requirements for the storage of explosives, the following requirements from section 92 of the Regulation apply: . for a class 1 explosive (e.g. boosters and detonators) - Australian Standard 2187.1-
1998 Explosives-Storage, transport and use. Part 1: Storage (AS 2187.1), or an alternate safety measure
. for a precursor (e.g. ANE) - Code of good practice-precursors for explosives (1999) first edition (the precursor code) published by the then Australian Explosives Manufacturers Safety Committee (AEMSC)*, or an alternate safety measure
. for security sensitive ammonium nitrates (e.g. AN) - Explosives information bulletin 53 - Storage requirements for security sensitive ammonium nitrates (SSAN), published by the chief inspector of explosives, or an alternate safety measure
*This is now the Australian Explosives Industry Safety Group (AEISG)
For any queries relating to this letter, please contact Ryan Brogden, Principal Inspector of
Explosives on telephone 07 3199 8024 or email [email protected].
Yours sincer
~~
eowns Chief Inspector of Explosives
Explosives Inspectorate
Safety and Health
CC Wedeena Smith, Senior Resource Officer, DNRM (Mackay) Haydn Isaac, Principal Inspector of Explosives CRO, DNRM (Rockhampton)
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This is a Mackay Regional Council Digitally Signed Document
Lot 2 RP722444
Lot 2 RP722444
Lot 7 RP899761
Lot 25 C13100
Lot 25 C13100
Lot 28 C1581
250m
INSET 1 - OFFICE & RECORDS
DWELLING
DWELLING
DWELLING
DWELLING Sealed road Unsealed road Access track Natural watercourse
N
550m
SITE PLAN (Source: MRC MiMaps 2013)
B F G
M C
D E
Sealed road Unsealed road Access track Natural watercourse
167 BARREN CREEK ROAD, CALENLOT 26 CI581
AMENDED >
FILENAME >
JOB NO. >
SCALE >
SOURCE >
POD
HRP12256
1:8,500
DATE >
VERSION >
JUNE 2013
N/A
1.0
APPENDIX BBBBB
MRC MiMaps 2013
Plan of DevelopmentSUBJECT SITE
LEGEND
170 255 340metres0 85
1:8,500N
APP
ENDI
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This is a Mackay Regional Council Digitally Signed Document
OFFICE & RECORDS
DWELLING
25 37.5 50metres0 12.5
1:1,250N
167 BARREN CREEK ROAD, CALENLOT 26 CI581
AMENDED >
FILENAME >
JOB NO. >
SCALE >
SOURCE >
INSET 1
HRP12256
1:1,250
DATE >
VERSION >
JUNE 2013
N/A
1.0
APPENDIX BBBBB
MRC MiMaps 2013
Inset 1:Office and Records
SUBJECT SITE
LEGEND
APP
ENDI
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This is a Mackay Regional Council Digitally Signed Document
G F B
M C
E D
167 BARREN CREEK ROAD, CALENLOT 26 CI581
AMENDED >
FILENAME >
JOB NO. >
SCALE >
SOURCE >
INSET 2
HRP12256
DATE >
VERSION >
JUNE 2013
N/A
1.0
APPENDIX BBBBB
MRC Draft Mackay Region Planning Scheme online mapping 2013
Inset 2:Explosives Storage
APP
ENDI
XBBBBB
Access Road B 10 tonne storage C Truck Storage + 15 tonne storage D 120m2 shed & 20 tonne storage E 15 tonne storage F 10 tonne storage G 10 tonne storage M Magazine & detonator storage
N
100m
This is a Mackay Regional Council Digitally Signed Document
ISO Tanks (30t capacity ea.) Container Storage (6.1m x 2.44m x 2.59m)
Office & Records (6m x 3m x 2.6m ea.)
Explosives Storage (6.1m x 2.44m x 2.6m) Detonator Storage (6m x 2m x 2.6m)
Offices and Storage (Source: Cardno HRP & Caruana photos 2013)
167 BARREN CREEK ROAD, CALENLOT 26 CI581
AMENDED >
FILENAME >
JOB NO. >
SCALE >
SOURCE >
OFFICES & STORAGE
HRP12256
DATE >
VERSION >
JUNE 2013
N/A
1.0
APPENDIX BBBBB
Cardno HRP & Caruana photos 2013
Offices and Storage
APP
ENDI
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This is a Mackay Regional Council Digitally Signed Document
167 BARREN CREEK ROAD, CALENLOT 26 CI581
AMENDED >
FILENAME >
JOB NO. >
SCALE >
SOURCE >
OPEN SHED
HRP12256
DATE >
VERSION >
JUNE 2013
N/A
1.0
APPENDIX BBBBB
Wide Span Sheds Building Layout Ref #GM11120141 21/09/12
Open Shed andTruck Storage
APP
ENDI
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This is a Mackay Regional Council Digitally Signed Document
Decision Notice
Sustainable Planning Act
Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.
463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.
This is a Mackay Regional Council Digitally Signed Document
Decision Notice
Sustainable Planning Act
NOTICE OF INTENTION TO COMMENCE USE
Planning Approval DA-2013-242
Date of Approval 20 November 2013
Approved Material Change of Use - Noxious, Offensive or Harzardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage)
Location 167 Barren Creek Road, CALEN QLD 4798
Property Description Lot 26 on CI581
I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Francis P Caruana and Paulette M Caruana Address: C/- Cardno HRP PO Box 244 MACKAY QLD 4740 _________________________________________ Signature of Applicant Date: ______________
This is a Mackay Regional Council Digitally Signed Document
ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009
To: Paulette M Caruana and Francis P Caruana
C/- Cardno HRP PO Box 244 MACKAY QLD 4740
Ref Number: DA-2013-242
LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lot 26 on CI581 Property Address: 167 Barren Creek Road, CALEN QLD 4798 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES The adopted infrastructure charge applies to the following development type: Material Change of Use - Noxious Offensive or Harzardous Industry (Explosives Strorage, Ancillary Offices & Vehicle Storage) AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.
NET CHARGE AMOUNT – $ 25,440.00+ annual adjustments and/or reviews
CHARGE CALCULATION
Charge Category
Adopted Infrastructur
e Charge Demand Units
No. of Demand
Units
Charge Amount
Industry (High
Impact)
$70 M2 Gross Floor Area
(GFA) 303 $ 21,210.00
$10 M2 Impervious Area 423 $ 4,230.00
Gross Charge Amount Total $ 25,440.00 NET CHARGE SUMMARY
Gross Charge Amount Applied Credit Amount Net Charge Amount $ 25,440.00 $ 0 $ 25,440.00
ADJUSTMENTS TO THE CHARGE The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment. If a lesser payment than the amount shown above is allowed by a Council policy in effect at the time of payment, that lesser charge will be in lieu of the charge stated above and will be the full and final payment required by this Adopted Infrastructure Charges Notice. DUE DATE FOR PAYMENT Payment of the total charge must be made before the change happens if the charge applies to a Material Change of Use.
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PAYMENT DETAILS Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9089 or e-mail [email protected] Payment can be made at:
42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740
or credit card
GOODS AND SERVICES TAX The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect. APPEAL RIGHTS Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9089 or e-mail [email protected] John Caldwell Manager Development Assessment
Date of Issue:
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Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—
(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or
(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice
(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person. (4) An appeal under this section may only be about—
(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or
(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an adopted
infrastructure charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.
Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—
(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State
infrastructure charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure
charges notice or negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.
(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to the
person. (4) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted
infrastructure charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.
Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part — relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—
(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or
(b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated infrastructure charges notice); or
(c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted infrastructure charges notice); or
(d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated regulated State infrastructure charges notice).
(2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice.
(3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.
(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.
680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or
regulated State infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.
(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance of the
person’s relevant appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—
(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or
(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or
(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.
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