17 February 2014 C/- Whitsunday Surveys PO Box 158 Dear ... · PDF fileThe standard relevant period stated in Section 341 of the Sustainable ... Retaining Walls ... accordance with

Civic Precinct, Gordon Street Telephone 1300 622 529 Email [email protected] PO Box 41 │Mackay │QLD 4740 │ Australia Facsimile 07 4944 2400 www.mackay.qld.gov.au

YOUR REF: 12620FLO

OUR REF: DA-2012-322

17 February 2014 Palmbild Pty Ltd C/- Whitsunday Surveys PO Box 158 MACKAY QLD 4740 Dear Sir/Madam NEGOTIATED DECISION NOTICE Applicant: Palmbild Pty Ltd Proposal: Combined Application Material Change of Use & Reconfiguration

of a Lot - Multiple Dwelling Units (13) & Dual Occupancy & 1 Rural Residential Lot into 26 Lots.

Application Number: DA-2012-322 Address: 86 Andergrove Road, ANDERGROVE QLD 4740 Property Description: Lot 1 on RP714373

Please find enclosed the above Decision Notice with the relevant attachments:

Negotiated 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 Negotiated Adopted Infrastructure Charges Notice accompanies this Negotiated Decision Notice. If you require any further information please contact Josephine McCann

This is a Mackay Regional Council digitally signed document.

NEGOTIATED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2012-322

Date of Decision: 14 February 2014

1. APPLICANT/S DETAILS

Name: Palmbild Pty Ltd

Postal Address: C/- Whitsunday Surveys

PO Box 158

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 86 Andergrove Road, ANDERGROVE QLD 4740

Property Description: Lot 1 on RP714373

3. OWNER’S DETAILS Palmbild Pty Ltd 4. PROPOSAL

Combined Application Material Change of Use & Reconfiguration of a Lot - Multiple Dwelling Units (13) & Dual Occupancy & 1 Rural Residential Lot into 26 Lots.

5. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Reconfiguration of a Lot Development Permit

Approved in Full Subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 16, 17, 19 and 32 of the Reconfiguration of a Lot Conditions has been amended.

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

7. IDAS REFERRAL AGENCIES

Concurrence Agencies

Department of Environment and Heritage Protection

Administration Officer, Permit & Licence Mgmt Implementation & Support Unit - DEHP GPO Box 2454 BRISBANE QLD 4001

Concurrence Agencies

Department of Natural Resources and Mines

Administration Officer, Permit & Licence Mgmt Implementation & Support Unit - DEHP GPO Box 2454 BRISBANE QLD 4001

8. SUBMISSIONS

Submitter (with Appeal Rights)

Robert S Presley 4 Ferngrove Lane ANDERGROVE QLD 4740


Davida M Presley 4 Ferngrove Lane ANDERGROVE QLD 4740


Sherrie A Screen PO Box 3269 NORTH MACKAY QLD 4740


David Screen PO Box 3269 NORTH MACKAY QLD 4740


Grace E Trim 5 Ferngrove Lane ANDERGROVE QLD 4740


Delmo Tibaldi 7 Ferngrove Lane ANDERGROVE QLD 4740


Rodney A Legge 50 Maguire St ANDERGROVE QLD 4740


Stephen J Veitch 3 Ferngrove Lane ANDERGROVE QLD 4740


Sandra Veitch 3 Ferngrove Lane ANDERGROVE QLD 4740

9. PLANNING SCHEME

This approval 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 - Development Permit - Public Infrastructure Civil Works Landscaping Operational Works Construction - Compliance Certificate - Public Infrastructure Civil Works Landscaping 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 stated 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. 15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

17th February 2014

ASSESSMENT MANAGERS NEGOTIATED CONDITIONS Application Number: DA-2012-322 Decision Date: 14 February 2014

RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved reconfiguration of land creating 26 Lots must generally comply 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.

Project/ Job No

Plan Title Drawing

No REV Prepared by Date

120912 12620MF

PROPOSAL PLAN Proposed Lots 1-25 & 802 over Lot 1 on RP714373.

12620P04 L Whitsunday Surveys

22/01/14

2. Amended Plans Required

The approved plans of subdivision must be amended to comply with the following matters:- a. A 6.0metre radius, 3 chord truncation on the corner of Road 01 and Andergrove

Road from Lots 1 and 23. The amended plans must be lodged with Council for written approval prior to the lodgement of Operational Works approval.

3. Endorsement of Survey Plan

The Plan of Survey with associated documents will not be endorsed by Council until all of the Reconfiguration of a Lot conditions of approval have been complied with.

4. Compliance with Council Standards

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

5. Maintenance of Development

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

6. Conflict between plans and written conditions

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


ASSESSMENT MANAGER NEGOTIATED CONDITIONS Application Number: DA-2012-322 Decision Date: 14 February 2014

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7. Building Envelope

Any future dwelling/s on proposed lot 1-6 and Lots 8-23 are restricted to be situated within the building envelope shown on the approved plan. Future purchasers are to be made aware of this requirement in the contract of sale. A notation to this effect will be placed on Council’s Rates database.

8. Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Approval application. This plan must show for all areas identified on the approved plan of development the following:- Landscape specification of sufficient detail so that landscape works are to be carried

out; This landscaping must include several mature trees (minimum of 60liters) to be

planted in the road reserve along the western boundaries of proposed Lots 1 and 23.

Plant schedule detailing number of plants, species, pot size and height at planting; Details of soil and mulch types, including depths, areas of turf, garden edges and

paving finishes; Details of the irrigation system and backflow prevention device. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

9. Street Planting

Street planting must be provided in accordance with Council Policy, with a plan submitted to Council for separate approval by Council.

10. Street Names

a. The developer must provide approximately 3 street names for the proposed new

roads for approval to Council. b. Street names must be approved for use prior to submission of the Operational

Works Application and street names must be shown on all relevant engineering drawings.

11. Electricity Services

The developer must provide overhead reticulated power to all proposed lots. The developer must provide to Council one of the following, prior to the endorsement of the Plan of Subdivision:-

a. A copy of a Certificate of Electrical Supply from the Distribution Network Service Provider (Ergon Energy) or,

b. A copy of a Certificate of Acceptance from the Distribution Network Service Provider (Ergon Energy).

Any substations, ring main units and distribution cabinets, must be located clear of footpath areas and parkland areas.



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12. Telecommunications Services

a. All proposed lots must be connected to telecommunications and written evidence from the telecommunications service provider to demonstrate the connection must be provided prior to the endorsement of the Plan of Subdivision.

b. Above ground installations are to be located clear of footpath areas and parkland areas.

13. Access

Access for proposed Lots 9, 10, and 11 must be restricted to Road 02. Access to these lots from Road 01 will not be permitted.

14. Drainage Easement and Reserves

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

15. Damage

The developer is responsible for the repair of any damage which is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. Council must be notified immediately and will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

16. Unauthorised Fill - Amended

All unauthorized fill that has been placed on the site must be removed and placed with a minimum of Level 2 supervision as detailed in AS-NZS 3798 Guidelines on Earthworks for Commercial and Residential Development.

17. Land Dedication for Road - Amended

The developer must dedicate the following as road reserve:-

a. A 15.0m wide road reserve for an Access Street to Andergrove Road, and a 13.5m wide road reserve for an Access Place as shown as Road 01 and Road 02 respectively on WSG Drawing Number 12620P04 dated 19/6/12, at no cost to Council.

b. A 6.0 metre radius, 3 chord truncation on the corner of Road 01 and Andergrove

Road from Lots 1 and 23, at no cost to Council. c. The remaining 6.24 metre wide strip, as shown on WSG Drawing Number

12620P04 dated 19/6/12, and identified as future road widening must be amalgamated into Lots 1 and 23. Lots 1 and 23 will require a restricted building zone of 6.24m plus 10.0m from the Andergrove Road boundary.

Advice:-



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Council will consider acquiring this 6.24 metre wide strip in the future, if and when required for road widening, at a purchase price which shall not exceed the Rural Residential Zone valuation rate.

d. No direct access will be permitted onto Andergrove Road.

NOTE: The current Traffic Impact Assessment mentioned has been requested to be reviewed using more recent traffic data, which has not used in the submitted TIA. This Condition may require review once the modified TIA has been reviewed.

18. Allotment and Verge Gradings

a. Unless otherwise approved by Council, allotments must be drained from the rear boundary to the front street in accordance Council’s Standard Drawing A3-870.

Allotment and verge grades as follows: Allotments: Minimum 1:200 Maximum 1:12 Verges: Preferred 1:50

b. The site must be graded so that it is free draining.

19. Retaining Walls - Amended

All retaining walls and associated footings must be designed and constructed in accordance with Australian Standard 4678 – 2002 Earth Retaining Structures. All walls and footings must be located within the allotment being retained and must not encroach onto adjoining properties or public land. No entry upon adjoining land to facilitate construction/maintenance of the wall is permitted without the written approval of the adjoining landowner. Alternatively:- The developer may batter the raised ground level commencing a minimum of 500mm from the boundary at a maximum gradient of 1 on 6 to the proposed ground level. Should this option be adopted, the Developer must make allowance in accordance with Condition 25 (Ponding and Diversion of Stormwater).

20. Internal Street Works

The internal roads must be designed and constructed as kerb to kerb bitumen sealed roads as detailed below:

a. Road 01 – Access Street

i. Standard Drawing No. A3-3617 ii. Undivided carriageway 6.0m wide within a 15m wide road reserve. iii. Cul de sac ends with a minimum 9.0m radius measured to the invert of the

kerb and channel and designed in accordance with the requirements of Mackay Regional Council Planning Scheme and the Council’s adopted



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standards, maintaining minimum verge widths as detailed on Council's Std DWG A3-3617.

iv. Provision of on street parking as shown on Tempus Drawings Number J11-

025 S-03 dated 25/09/2012, including verge widths as detailed on GHD Drawing 42-16029-SK002 Rev B.

v. Splitter Island at the intersection of Road 01 and Road 02 in accordance with

Councils Standard Drawings A4-156.

b. Road 02 – Access Place

i) Standard Drawing No. A3-3618.

ii) Undivided carriageway 5.5m wide within a 13.5m wide road reserve.

iii) Cul de sac ends with a minimum 9.0m radius measured to the invert of the kerb and channel and designed in accordance with the requirements of Mackay Regional Council Planning Scheme and the Council’s adopted standards, maintaining minimum verge widths as detailed on Council’s Std DWG A3-3618.

21. External Street Works

The following external works must be designed and constructed as listed below:

a. The Developer must provide a revised Traffic Impact Assessment for the current application and amended Scenarios to 2013 - 2023.

b. Intersection treatment at Road 01 to Andergrove Road must be in accordance with

the revised Traffic Impact Assessment approved treatment. c. Intersection Treatment must take extra consideration for sight requirements due to

the vicinity of Andergrove Road curve. d. Splitter island in accordance with Std DWG A4-184.

22. Invert Crossing

a. Invert crossing(s) must be provided for proposed Lots 7, 24 and 25, in accordance with Council’s Standard Drawing A3-773.

b. All redundant invert crossings must be removed and the kerb and channel

reinstated to match the existing kerb and channel. 23. Street Lighting

Street lighting must be provided in accordance with Council’s Engineering Design Guidelines and AS/NZS 1158 series – Lighting for road and public spaces.



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24. Stormwater Drainage

Stormwater must be designed and constructed in accordance with Council’s Engineering Guidelines - Stormwater Drainage Design - Planning Scheme Policy 15.05 and must provide for the following:

a. External catchments. b. Inter-allotment drainage (if required) – Council’s Standard Drawing A3-870. c. Downstream drainage to a lawful and practical point of discharge being the eastern

boundary. 25. Ponding and Diversion of Stormwater

a. Ponding of stormwater resulting from the development must not occur on adjacent properties.

b. Stormwater formerly flowing onto the site must not be diverted onto other properties.

26. Site Based Stormwater Management Plan - High Risk

a. Council’s Stormwater Quality Risk Classification has classified this development as high risk as defined in Section 1.3 of Council’s Engineering Design Guidelines “Soil and Water Quality Management – D7”.

b. The GHD SBSMP dated September 2012 submitted to Council must be revised for

approval at the time of submission of the Operational Works Application. The developer must implement the works identified in the approved plan.

27. Revised Site Based Stormwater Management Plan

The Site Based Stormwater Management Plan dated September 2012 prepared by GHD must be revised to incorporate the following:

a. Removal of pervious Buffer area and Existing Wetlands from the MUSIC model

treatment train. b. A sediment basin prior to / within the Bio-retention pond. c. Submit to Council the revised electronic MUSIC model file for review. d. The Site based Stormwater management Plan must also be revised to address, as

applicable, the Concurrence Agency conditions of Department of Environment and Heritage Protection and Department of Natural Resources and Mines.

28. Water Reticulation

a. A water reticulation system must be provided in accordance with Council’s Engineering Design Guidelines and generally in accordance with GHD Drawing 42-16029-SK002 Rev B.



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b. Water connections for Lots 24 and 25 are to be sized to cater for the intended use on these Lots.

29. Design of Sewer Main Extension

A sewerage reticulation system must be provided in accordance with Council’s Engineering Design Guidelines and generally in accordance with GHD Drawing 42-16029-SK002 REV B.

30. Live Water and Sewerage Connections

Council is to carry out all water and live sewer connections at the developer’s expense. 31. Building Over and Adjacent to Sewers

All building work is to comply with Council’s Policy MW02 – “Building Over and Adjacent to Sewers”.

32. Existing House Drain - Amended

a. The existing house drain must be disconnected. A sewer disconnection form must be submitted to Mackay Water Services and the appropriate fees paid.

b. If the existing sewer is not utilised as part of this development, the sewer must be

removed and capped at the property boundary, by Mackay Water and Waste Services Department, at the Developers expense.

c. If the existing Sewer is to be utilized, Condition 33 Sewer Easements will apply.

33. Sewer Easements

Sewer easements must be provided in accordance with Council’s Engineering Design Guideline – Planning Scheme Policy No. 15.14 “Sewerage System Design”.

34. Demolish/Remove Existing Structure(s)

All existing building/s currently situated on the subject site must be demolished or removed from the subject site prior to the commencement of the use. A Building Approval is required for demolition and should be issued by a Private Building Certifier.

35. Minimum Development Level

a. The minimum allotment level must be in accordance with the relevant Planning Scheme.

b. The estimated 100 year ARI flood level at Lot 1 on RP714373 Mackay is RL 5.50m

AHD.



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36. Visual Screen Fence

A visual screen fence between the site and adjoining properties on the northern and southern boundaries must be constructed. The screen fence must be a minimum height of 1.8 metres. The total cost of this fencing to be met by the Developer.

37. Maintenance for Landscaping within Road Reserve

All landscaping works undertaken within Council’s Road Reserve must be maintained for a 12 month period. An inspection of the landscaping works will be undertaken at this time to determine if landscaping works are acceptable to Council. If the works are acceptable then the landscaping works are to be handed over to Council. If the landscape works completed is unsatisfactory then the maintenance period will be extended.

38. Transportation of Soil

a. All soil transported to and or from the site must be covered to prevent dust or spillage during transport. If soil is tracked or spilt onto the road pavement from works on the subject land, it must be removed no later than at the end of each working day.

b. Sediment must not enter Council’s stormwater drainage network.

39. Dust Suppression

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

40. Advertising Sign Approval

No advertising sign or advertising device must be erected without Council approval. A separate application to Council under Local Law 1 will be required to be made to seek approval of the signage/advertising device.

41. Damage

The developer is responsible for the repair of any damage which is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. Council must be notified immediately and will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

42. Parkland

Proposed Lot 802 must be transferred to Council in Fee Simple at no cost to Council.



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MATERIAL CHANGE OF USE CONDITIONS

43. Plan of Development

The approved Material Change of Use for 13 Multiple Dwelling Units and 1 Dual Occupancy 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.

Project/ Job No

Plan Title Drawing No

Issue Prepared by Date

J12-018 Cover-Perspectives Morinda Design

N-01 A Tempus Design Studio

23-02-12

J12-018 Elevations A & B E-01 A Tempus Design Studio

23-02-12

J12-018 Elevations C & D E-02 A Tempus Design Studio

23-02-12

J12-018 Ground Floor Plan F-01 A Tempus Design Studio

23-02-12

J12-018 Site Plan S-01 A Tempus Design Studio

23-02-12

J12-019 Cover- Perspectives Banksia Design


23-02-2


23-02-12


23-02-12


23-02-12


23-02-12

J12-022 Cover-Perspective Cordia Design Single Garage


24-02-12


24-02-12


24-02-12



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24-02-12


24-02-12

J12-024 Cover-Perspectives Townhouses Indigo & Hibiscus Designs


19-09-12



19-09-12



19-09-12


19-09-12


07-03-12


07-03-12


19-09-12


19-09-12


07-03-12


19-09-12

J11-025 Site Plan S-01 A-Concept B- Housing Footprints

Tempus Design Studio

25-09-12 17-09-12

J11-025 Site Plan (Coloured)

S-02 A-Concept B- Housing Footprints


25-09-12 17-09-12

J11-025 Site Plan (Left) S-03 A-Concept B- Housing Footprints


25-09-12 17-09-12

J11-025 Site Plan (Right-Upper)

S-04 A-Concept B- Housing Footprints

Tempus Design Studio.

25-09-12 17-09-12



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J11-025 Site Plan (Right -Lower)

S-05 A-Concept B- Housing Footprint


25-09-12 17-09-12

J12-039 Cover-Perspective Lomandra Double Garage


19-03-12


19-03-12


19-03-12


19-03-12


19-03-12

J12-041 Cover-Perspectives Units Lot 24

N-01 A-Concept Tempus Design Studio

25-09-12

J12-041 Site Plan- Units Lot 24

S-01 A-Concept Tempus Design Studio

25-09-12

J12-041 Ground Floor Plan (Double)- Units Lot 24

F-01 A-Concept Tempus Design Studio

25-09-12

J12-041 First Floor Plan (Double)- Units Lot 24


25-09-12

J12-041 First Floor Plan (Single)- Units Lot 24


25-09-12

J12-041 Elevations A & B- Units Lot 24

E-01 A-Concept Tempus Design Studio

25-09-12

J12-041 Elevations C & D- Units Lot 24

E-02 A-Concept Tempus Design Studio

25-09-12

J12-041 (B)

Cover-Perspectives Units Lot 25

N-01 A-Concept Tempus Design Studio

25-09-12

J12-041 (B)

Site Plan-Units Lot 25

S-01 A-Concept Tempus Design Studio

25-09-12

J12-041 (B)

Ground Floor Plan Units 4 & 8 Units 3 & 7 Units 2 & 6 Units 1 & 5


25-09-12



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J12-041 (B)

Ground Floor Plan Units 3 & & Units 2 & 6


25-09-12

J12-041 (B)

Elevations A & B

E-01 A-Concept Tempus Design Studio.

25-09-12

J12-041 (B)

Elevations C & D

E-02 A-Concept Tempus Design Studio.

25-09-12

44. 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.

45. 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.

46. 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.

47. Notice of Intention to Commence the Use

Prior to the commencement of the use on Lots 7, 24 and 25, 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).

48. Floor Level

The minimum habitable floor level of the proposed development for the individual houses, dual occupancy and unit developments must be the higher of:

300 mm above the Q100 flood level (300 mm above RL 5.50m AHD) 300 mm above the top of the kerb 300 mm above the crown of the road 225 mm above ground level A level which allows the connection of all sanitary fixtures to the designated sewer

connection pint by means of sanitary drainage which complies with AS3500.

49. Landscape Plan Required - Units and Dual Occupancy

A detailed site and footpath landscaping plan for the Unit and Dual Occupancy developments on proposed Lots 7, 24 and 25 must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Approval application The plan must show for all areas identified on the approved plan of development the following:-



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

Plant schedule detailing number of plants, species, pot size and height at planting; Details of soil and mulch types, including depths, areas of turf, garden edges and

paving finishes; Details of the irrigation system and backflow prevention device. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

50. Protection of Landscape Areas from Carparking

The landscaped areas adjoining the carparking areas on Lots 7, 24 and 25 must be protected from vehicles by a 125 mm high vertical concrete kerb or similar obstruction.

51. Completion of Landscaping – Units and Dual Occupancy

All of the landscaping works for the proposed Unit and Dual Occupancy Developments on Lots 7, 24 and 25 (shown on the approved plan) must be completed before the commencement of the use on the site.

52. Visual Screen Fence - Units and Dual Occupancy

a. A visual screen fence between the sites and adjoining properties must be constructed. The screen fence must be a minimum height of 1.8 metres. Furthermore, the fence must be tapered to a height of 1.2 metres within 6 metres of the front alignment. The total cost of this fencing to be met by the Developer.

b. A visual screen fence must be erected on the western boundaries of proposed Lots

1 and 23 at a minimum height 1.8metres. The total cost of this fencing to be met by the Developer.

53. Waste Storage Area - Units and Dual Occupancy

a. 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.

b. The waste storage area must be provided in the location shown on the approved

plan and must comply with the following:-

Contain an impervious/hardstand surface. Contain sufficient storage space for the storage of at least 2 X 240 Litre refuse

and recycling bins for each unit.



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54. Open Space per unit/dual occupancy

A minimum of 35m² of open space per unit is required to be provided or as shown on the approved plans of development, part of which shall comprise at least a 16m² private open space area with a minimum dimension of four metres. For the purpose this condition ‘private open space’ means a landscape and recreation space which is partitioned by walls, fences or the like into a court or yard which is provided within the curtilage of and immediately accessible from the living/dining room of the dwelling unit.

55. No Nuisance to adjoining properties

All service equipment, lighting and air-conditioning units for the dual occupancy and unit developments on Lots 7, 24 and 25 shall be located so as not to cause a nuisance to neighbouring properties.

56. Outdoor Storage

The outdoor storage of any equipment or material and any service area of the dual occupancy and unit developments on Lots 7, 24 and 25 shall be aesthetically screened so as not to be visible from any street.

57. Electricity and Telecommunications Services

The approved developments on proposed Lots 7, 24 and Lot 25 must be provided with electricity and telecommunications infrastructure.

58. Access – Units and Dual Occupancy

Invert crossing and concrete driveways must be constructed in accordance with Council’s Standard Drawing No. A3-773 to provide vehicular access to the Dual Occupancy and Unit developments on proposed Lots 7, 24 and Lot 25.

59. Stormwater Drainage

Stormwater from the sites of the dual occupancy and unit developments on Lots 7, 24 and 25 (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. All connections to the kerb are to be made using an aluminium kerb adaptor or approved equivalent.

60. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the developments on Lots 7, 24 and 25 must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

61. Services - Water and Sewer

The proposed dual occupancy and unit developments on Lots 7, 24 and 25 must connect to the new reticulated water and sewer services provided to the subject site.



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62. Sewers Policy

All building work on Lots 7, 24 and 25 must comply with Council’s Policy MW02 – “Building Over and Adjacent to Sewers”.

63. Live Connections

Council’s Water and Waste Services Department is to carry out all water connection and live sewer work for the dual occupancy and unit developments on Lots 7, 24 and 25 at the developer’s expense.

64. Water Metering

Separate water meters must be provided for each dwelling/unit on Lots 7, 24 and 25. 65. Community Management Statement - Unit Development Lots 24 and 25.

a. Prior to Council’s endorsement of the Survey Plan for the Unit developments on

Lots 24 and 25, it is required that a copy of the Community Management Statement, containing the requirements specified within this Decision Notice, is to be signed by the developer (as owner of the lots) and provided to Council.

b. The Community Management Statement containing the requirements outlined within this Decision Notice must be registered with the Survey Plan at DNRM.

These requirements, unless otherwise amended with the approval of Council, are to remain a part of the Community Management Statement for so long as the provisions of any existing development permits continue to apply to the whole of the land undergoing this subdivision.

ASSESSMENT MANAGER’S ADVICE 1. 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. Consideration will be given to the Deed of Agreement 29th August 2012 between Mackay Regional Council, Palmbild Pty Ltd and R.E.Flor Pty Ltd. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.



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2. Boundary Setbacks - Entire Development a. Council considers the proposed setback variation sought for the entire development

to be premature. It is advised that the setback variation for the individual dwelling houses, dual occupancy and unit developments can only be considered once all infrastructure such as the sewer mains, on each lot have been constructed to ensure compliance with Council Policies and the Queensland Development Code. Such variation can be applied for within a single application.

b. The following is recommended by Council:-

That the building envelopes of proposed Lots 1-6 and Lots 8-23 must be amended to ensure that the garages of the proposed dwelling houses achieve a minimum setback of 5metres to the outermost projection and 5.5metres to the garage doors.

3. Floor Level – Proposed Lot 12 and Lot 13

The proposed dwelling houses for Lot 12 and Lot 13 will not trigger a Material Change of Use application or any further assessment in terms of the Flood and Inundation Overlay Code as it is anticipated that fill on these proposed lots will ensure that the finished floor level will comply with the requirements of this Overlay Code.

4. Local Laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

5. 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.

6. 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.

7. 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.



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8. 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.

9. 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.

10. 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.



nicoler

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Drawing - 42-16029-SK002

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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.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2012-322

Date of Approval 14 February 2014

Approved Combined Application Material Change of Use & Reconfiguration of a Lot - Multiple Dwelling Units (13) & Dual Occupancy & 1 Rural Residential Lot into 26 Lots

Location 86 Andergrove Road, ANDERGROVE QLD 4740

Property Description Lot 1 on RP714373

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: Palmbild Pty Ltd Address: C/- Whitsunday Surveys, PO Box 158, MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ___________________


Documents

17 February 2014 C/- Whitsunday Surveys PO Box 158 Dear ... · PDF fileThe standard relevant period stated in Section 341 of the Sustainable ... Retaining Walls ... accordance with