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Gympie Regional Council MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Old Bank Building Cnr Nash & Channon Streets, Gympie Qld 4570 On Wednesday 15 April 2009 at 9.00 a.m. For Adoption at the General Meeting to be held on Wednesday 22 April 2009

2009-04-15 Planning & Development Committee Meeting Minutes · Planning & Development Committee Meeting – 15 April 2009 - 5 - Gympie Regional Council This stage will incorporate

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Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Old Bank Building

Cnr Nash & Channon Streets, Gympie Qld 4570

On Wednesday 15 April 2009 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 22 April 2009

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Gympie Regional Council

PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. Nil. CONTENTS LEAVE OF ABSENCE......................................................................................................................................... 3 APOLOGIES ......................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................ 3 CONFIRMATION OF PREVIOUS MINUTES................................................................................................. 3 SECTION 1: STRATEGIC PLANNING MATTERS ....................................................................................... 4

1/1 WIDE BAY BURNETT REGIONAL RECREATION AND SPORT STRATEGY ................................................. 4 SECTION 2: PLANNING APPLICATIONS ..................................................................................................... 7

2/1 DA15779 – REPRESENTATIONS FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – COMMERCIAL PREMISES (MEDICAL CENTRE), SHOP (PHARMACY) AND FOOD OR ENTERTAINMENT VENUE (CAFÉ) – LOT 2 RP77034 AND LOT 1 RP46441, 70 AND 72 CHANNON STREET AND 7 QUEEN STREET – DUSKMAY PTY LTD................................................................................................ 7

SECTION 3: RECONFIGURING A LOT APPLICATIONS......................................................................... 32

3/1 2008-1348 – DEVELOPMENT APPLICATION TO RECONFIGURE A LOT – BOUNDARY REALIGNMENT OVER LOT 28 SP196684 AND LOT 26 W3761 – 391 WIDGEE CROSSING ROAD, WIDGEE CROSSING SOUTH AND JAMES DEAN ROAD, WIDGEE CROSSING SOUTH – C. BUCHAN....................................... 32 3/2 2008-1074 – RECONFIGURING A LOT – BOUNDARY REALIGNMENT – 43 HAMILTON ROAD AND 196 OLD MARYBOROUGH ROAD, ARALUEN – JKM PROJECTS PTY LTD............................................. 42 3/3 2008-1073 – RECONFIGURING A LOT –SUBDIVISION TO CREATE 24 ADDITIONAL LOTS – 43 HAMILTON ROAD AND 196 OLD MARYBOROUGH ROAD, ARALUEN – JKM PROJECTS PTY LTD.... 51 3/4 2009-0145 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – 24 CITY VIEW DRIVE, THE DAWN – R. WELBURN .............................................................................. 68

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................ 76

4/1 PLANNING APPLICATIONS PENDING .................................................................................................... 76 4/2 DEVELOPMENT APPLICATIONS APPROVED.......................................................................................... 98

SECTION 5: GENERAL MATTERS ............................................................................................................. 101

5/1 APPLICATION FOR PURCHASE UNALLOCATED STATE LAND – ROWE/WICKHAM STREETS, GYMPIE . 101 5/2 2009-0186 – PROPOSED OPERATIONAL WORKS APPLICATION – SHOPPING CENTRE – LOT 11 RP896298 - RAMSEY ROAD, SOUTHSIDE – AHC LIMITED.................................................... 105

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SECTION 6: MATTERS FOR COUNCIL’S INFORMATION................................................................... 107 NIL .................................................................................................................................................................. 107

SECTION 7: “IN COMMITTEE” ITEMS.................................................................................................... 107

NIL .................................................................................................................................................................. 107

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Gympie Regional Council

The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, L.J. Friske, R.A. Gâté,

A.J. Perrett & J. Watt. Also in attendance were Mr K.A. Mason (Chief Executive Officer),

Mr M. Hartley (Director of Planning & Development), Mrs K.A. Rolfe (Manager Strategic Planning), Ms T.M. Stenholm (Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary).

Cr R.J. Dyne, Mr K.A. Mason (Chief Executive Officer) and Ms. T.M. Stenholm (Manager Development and Compliance) were not present when the meeting commenced.

LEAVE OF ABSENCE

That Cr Julie Walker be granted Leave of absence from all Council Meetings for the duration of her rehabilitation vide minute G13/02/09.

APOLOGIES P19/04/09 Moved: Cr J. Watt Seconded: Cr R.A. Gâté

That the apologies from Cr D.R. Neilson and Cr G.L. Engeman be accepted.

Carried.

DECLARATION OF INTERESTS BY COUNCILLORS

P23/04/09– Cr I.T Petersen– Conflict of Interest. CONFIRMATION OF PREVIOUS MINUTES

P20/04/09 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

That the Minutes of the Planning & Development Committee Meeting held on 1 April 2009 be taken as read and confirmed.

Carried.

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Gympie Regional Council

Mr K.A. Mason entered the meeting at 9.05 a.m. SECTION 1: STRATEGIC PLANNING MATTERS

1/1 Wide Bay Burnett Regional Recreation and Sport Strategy

Re: Minute: P21/04/09 & P22/04/09 Wide Bay Burnett Regional Recreation and Sport Strategy

From: Manager Strategic Planning File: 5/3/15/0001 Date: 6 April, 2009 Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 PROJECT AIMS AND OBJECTIVES “To develop a framework for coordinating state and local government, private industry and community organisation efforts to deliver and manage regional recreation and sport activity areas.” • Providing outdoor recreation and sport facilities and services in line with

settlement patterns; • Avoiding duplication across Local Government boundaries; • Recognizing the economic benefits of recreation opportunities e.g. walking

and cycling trails, mountain bike & 4 wheel driving trails, tourism related recreation;

• Preventing existing recreation opportunities being encroached upon by urban development; and

• Maximizing existing sport and recreation opportunities. 2.0 INCEPTION MEETING The Department of Infrastructure and Planning (DIP) through WBBROC is undertaking this regional planning project. R.O.S.S. Planning is the consultancy firm preparing the study. Each Council is contributing towards the cost of the study (GRC $4000.00). The first Steering Committee meeting was held in Gympie on 2nd April. A combined presentation by DIP and R.O.S.S. Planning was given. 3.0 PROCESS • Stage One — Draft Regional Recreation and Sport Infrastructure Audit and

Literature Review Report

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Gympie Regional Council

This stage will incorporate meetings with member Councils. • Stage Two — Final Regional Recreation and Sport Infrastructure Audit and

Preliminary Capacity Review

• Population Analysis – 20 year analysis – where is the growth, hence need (This will be related back to the other work being undertaken by the Department of Infrastructure and Development in determining Alternative Patterns of Development for the Region in preparation for a Statutory Regional Plan.)

• Review of Regional Provision – are there differences across the study area in focus?

• Workshop – need to agree a range of standards/ rates of provision – land acquisition standards

• Supply and Demand Assessment • Gap Analysis • Identification of Land Acquisition Options

• Stage Three — Draft Regional Recreation and Sport Strategy

• Draft Regional Recreation and Sport Strategy – Peak Bodies

• broad consultation with peak bodies – Council’s and Government Departments

• review exercise with all Councils • review by relevant government departments

– Noisy Sports Protection – Economic and Health Benefits of Sport and Recreation

• Stage Four — Final Strategy and Action Plan Report 4.0 TIMEFRAMES • Stage 1 – 30 May 2009 • Stage 2 – 30 June 2009 • Stage 3 – 31 August 2009 • Stage 4 – 16 October 2009

The consultants indicated there was a need for a rapid turn around of draft documents (two days). Given the upcoming influx of reports expected from GHD in relation to the Planning Study I indicated that this was going to prove extremely difficult.

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Gympie Regional Council

There is a need to have a proxy Steering Committee member so that workload on this project can be shared. Council’s interests need to be represented fairly in the project outcomes. 5.0 PROTOCOLS Any media releases or comments are to be facilitated through WBBROC.

P21/04/09 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté Recommend that Council appoints the Chairman of the Sport Recreation and Parks Coordinating Committee as the proxy for the Manager Strategic Planning as the Gympie Regional Council’s Wide Bay Burnett Regional Recreation and Sport Strategy Steering Committee member.

Carried.

P22/04/09 Moved: Cr J. Watt Seconded: Cr R.A. Gâté Recommend that Council request an extension of timeframes for the

project. Carried.

Mrs K.A. Rolfe left the meeting at 9.09 a.m. Ms T.M. Stenholm entered the meeting at 9.09 a.m.

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Gympie Regional Council

Cr I.T. Petersen declared a Conflict of Interest in the next item due to commercial reasons but did not leave the meeting.

SECTION 2: PLANNING APPLICATIONS

2/1 DA15779 – Representations for Development Permit for Material Change of Use – Commercial Premises (Medical Centre), Shop (Pharmacy) and Food or Entertainment Venue (Café) – Lot 2 RP77034 and Lot 1 RP46441, 70 and 72 Channon Street and 7 Queen Street – Duskmay Pty Ltd Re: Minute: P23/04/09 Representations for Development Permit for

Material Change of Use – Commercial Premises (Medical Centre), Shop (Pharmacy) and Food or Entertainment Venue (Café)

From: Duskmay Pty Ltd c/- Martoo Consulting File: DA15779 Date: 13 November 2008

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION Development approval for material change of use for a medical centre, pharmacy and café was approved by Council on 24 September 2008.

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The applicant suspended their appeal period on 2 October 2008 and lodged representations in relation to some of the conditions on 13 November 2008. The conditions requested to be reconsidered are outlined below.

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Gympie Regional Council

2.0 REPRESENTATIONS Representations are submitted in relation to: - footpath contribution;

- street lighting contribution;

- fencing requirements;

- proposed refuse storage area;

- roadworks;

- stormwater drainage;

- car parking;

- landscaping; and

- limitations placed on maximum gross floor areas for each approved use.

3.0 ASSESSMENT 3.1 Condition 1.2 (a) Condition 1.2 reads: ‘A contribution is to be paid to Council towards the provision of a footpath along the Queen Street frontage of the site. The amount is currently assessed at $1 944, however will be indexed every 12 months from the date of this decision notice in accordance with ABS ANZSIC Index Class 4121.’ (b) Applicant’s representations: ‘The applicant is prepared to undertake these works as part of the development of the site. Requested Response to Condition 1.9(sic): That condition 1.9 be amended to require the footpath construction to be specific works required to be undertaken at no cost to Council.’ (c) Assessment

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Gympie Regional Council

Planning Scheme Policy 9: Footpath and Cycleway Contributions grants Council the ability to either: (a) require the carrying out of footpath/cycleway works by an applicant; or (b) require a monetary contribution towards the provision of

footpaths/cycleways in the general area; or (c) a combination of (a) and (b), as part of a development approval. The infrastructure [ie option (a) above] should be provided in accordance with an overall network plan or in circumstances to increase accessibility and connectivity, maintain pedestrian or cyclist safety and facilitate pedestrian movement in pedestrian dominated environments. A pathway along the Queen Street frontage is not identified in Council’s Bicycle and Pedestrian Plan, nor would a pathway achieve any of the purposes identified in the former paragraph. On this basis, a contribution towards pathways in the general area is considered more appropriate. It is recommended that condition 1.2 remain. Report: (Infrastructure Planning Manager – A. Laszlo) There is no proposal to build a footpath for the entire length of Queen Street in the near future. Therefore the preferred option is not to build footpaths in isolation as in this instance and for the developer to provide a contribution instead. 3.2 Conditions 1.3 and 1.4 (a) Conditions 1.3 and 1.4 read: ‘1.3 In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $67 348, however will be indexed every 12 months from the date of this decision notice in accordance with ABS ANZSIC Index Class 4121.

1.4 A contribution of $5 000 is to be paid to Council towards the provision of

street lighting in the vicinity of the site.’ (b) Applicant’s representations: ‘The applicant requests that these conditions be amended to provide he(sic) basis of current calculations such as provided by Council in conditions 1.5 and 1.6 so as to assist any future recalculation of this condition.’

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Gympie Regional Council

(c) Assessment As outlined in the engineering report below, the road contribution was based on the submitted traffic generation estimate. Condition 1.3 could be reworded to acknowledge the amount is based on 226 trips peak hour (including credits for the existing uses). Future recalculation of the contribution is built into the condition, by applying ABS ANZSIC indexation. Report: (Infrastructure Planning Manager – A.Laszlo) The applicant submitted traffic generation rate of 13 trips for every 100m2 GFA and the proposed building area of 1761m2 which equated to 226 trips peak hour including credits for the existing use. Therefore the contribution of $67,348 (ie. 226 x 298 as per Council’s fees and charges 2008/09) is justified. Due to the increase in road classification from the increased traffic generation from the proposed development an inspection of the existing lighting was conducted along Louisa Street, Queen Street and Lawrence Street, it was considered reasonable that six additional lights were required at a cost of $750 each and for the removal of two sub standard lights at $250 each. Condition 1.4 could be amended to reflect this. 3.3 Condition 1.9 (a) Condition 1.9 reads: ‘A 2.0 metre high solid fence is to be installed along all common boundaries between the development site and existing residential properties fronting Queen Street.’ (b) Applicant’s representations: ‘It should be noted that there is an existing fence in good condition along the boundary with the existing private hospital. It is acknowledged that this fence does not separate the proposal from residential properties. This fence is not 2.0M high but would seem to be adequate given the nature of the two uses. This condition could therefore be amended to confirm the suitability of the existing fence to assit(sic) in clarification.’

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Gympie Regional Council

(c) Assessment It would seem unnecessary to confirm that the existing private hospital is not a residential property, however given the applicant’s request the condition could be amended. 3.4 Conditions 1.14 and 2.10 (a) Conditions 1.14 and 2.10 read: ‘1.14 The following items are to be provided in accordance with the

Environmental Protection (Waste Management) Regulation 2000: (i) approved refuse containers (for general waste); (ii) a centralised refuse storage enclosure comprising an imperviously

paved area provided with a hose cock and hose; and (iii) drainage designed to prevent stormwater entering Council’s sewer. 2.10 The internal driveway is to be constructed in a manner to provide

suitable access for a refuse collection vehicle to the satisfaction of Council’s Chief Executive Officer.’

(b) Applicant’s representations: ‘A centralized refuse storage area is shown on the proposed Basement Plan at the bottom of the vehicular ramp from Channon Street, and close to stairs and lift from upper levels. It was the applicant’s intention that the collected refuse be wheeled to the Queen Street frontage where the refuse collection vehicle would collect it. The applicant does not believe that it is practical for the RCV to use the internal driveway to gain access to the refuse area. Requested Response to Condition 1.14 and 2.10: That condition 1.14 be amended to approve the proposed refuse storage area and condition 2.10 be deleted.’ (c) Assessment Under Council’s Rating Policy the proposed development will require a minimum of 16 bins (ie 8 General Waste and 8 Recycling). It is not considered desirable to have the required bins wheeled and lining the footpath area of Queen Street given its residential nature. However, this issue should have been further investigated and confirmed prior to the approving the development.

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This issue is becoming more common with the receipt of larger commercial and residential developments and may highlight the need for Council to develop a Policy or planning scheme provisions indicating at what level, commercial/industrial bins need to be provided. As the building has been approved it is not possible to accommodate manoeuvring for a refuse collection on-site therefore it is recommended the proposed refuse arrangements be accepted. In this regard, condition 1.14 does not need to be amended, however a note may be added that the bin area shown in the basement car park is acceptable. Condition 2.10 may be deleted. 3.5 Condition 2.1 (a) Condition 2.1 reads: ‘The existing road is to be upgraded to a standard compatible with the proposed development. Council requires the following works to be carried out on Channon Street: (a) realign kerb and channel, footpath and existing parking lane to Council

standard crossfall requirements.’ (b) Applicant’s representations: ‘There is a concern that this condition does not accurately detail the nature and extent of specific road works required. The applicant requests that such works are limited the(sic) frontage of the subject site and on that side of Channon Street abutting the subject site.’ (c) Assessment Report: (Infrastructure Planning Manager – A.Laszlo) The condition refers to the full frontage of the development site. However the works will need to taper into the existing road profile in the adjacent property frontages. Therefore amend Condition 2.1 to read:- ‘The existing road is to be upgraded to a standard compatible with the proposed development. Council requires the following works to be carried out on Channon Street: (a) realign kerb and channel, footpath and existing parking lane to Council

standard crossfall requirements along the full frontage to the site on the northern side of Channon Street plus tapers beyond the frontage to the existing surfaces.’

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Gympie Regional Council

3.6 Condition 2.3 (a) Condition 2.3 reads: ‘Upgradings of Queen Street and its intersections with Louisa Street, Alfred Street and Lawrence Street are required. In this regard, a road safety audit is required to be undertaken by a qualified road safety auditor of the Queen Street intersections with Lawrence, Louisa, Alfred and Queen Street itself and submitted to Council for endorsement. Any works identified as being necessary to facilitate the development are to be carried out by the developer at no cost to Council.’ (b) Applicant’s representations: ‘There is a concern that this condition assumes that upgradings are necessary for both intersections with having the benefit of the road safety audit. The condition should be amended to require those intersection upgradings identified as being necessary to facilitate the development in the road safety audit. Requested Response to Condition 2.3: That condition 2.3 be amended to require any intersection upgradings identified as being necessary to facilitate the development in the road safety audit.’ (c) Assessment Report: (Infrastructure Planning Manager – A.Laszlo) Amend condition 2.3 to read: ‘A road safety audit is required to be undertaken by a qualified road safety auditor of Queen Street intersections with Lawrence Street, Louisa Street, Alfred Street and Queen Street itself and submitted to Council for assessment and endorsement. Any recommendations of upgrading of Queen Street and its intersections with Louisa Street, Alfred Street and Lawrence Street identified as being necessary to facilitate the development are to be carried out by the developer at no cost to Council.’ 3.7 Condition 2.5 (a) Condition 2.5 reads: ‘A master stormwater drainage plan is to be prepared to address the impact of the proposed development on the existing stormwater drainage in the area, including upstream and downstream of the site.’ (b) Applicant’s representations:

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‘The applicant has intended to incorporate an on-site detention tank for collection of rainwater. This would double as storage for re-cycling of rainwater into irrigation and toilet flushing. The applicant therefore assume(sic) that impact of the new development on existing drainage would not be an issue since the stormwater design would be based on no increase in peak flows above what currently occurs for certain storm events. However this would need to be confirmed by a RPEQ being a civil engineering consultant. The applicant does not want this condition to limit or otherwise complicate the above intent. Requested Response to Condition 2.5: That condition 2.5 be amended to allow for the above intention’ (c) Assessment Report: (Infrastructure Planning Manager – A.Laszlo) The developer has put forward an option of providing an on-site detention system for the collection of rainwater. This option can be outlined in the required master stormwater drainage plan. Over flows from the proposed stormwater detention and the Q100 overland flow paths through the development will need to be considered in the stormwater master drainage plan. Condition 2.5 to remain. 3.8 Condition 2.7 (a) Condition 2.7 reads: ‘Roof and surface water is to be collected on site and is to be discharged through an underground drain line within the development site and piped to the existing underground stormwater infrastructure in Louisa Street and the downstream drainage upgraded to meet the increased discharge. Note: Council may require a contribution towards upgrading the downstream drainage in lieu of actual upgrading in conjunction with upgrading the Queen Street, Louisa Street, Alfred Street intersection’ (b) Applicant’s representations: ‘The applicant has intended to incorporate an on-site detention tank for collection of rainwater as referenced in the response to condition 2.5. There is a concern that the Council requires upgrading of downstream drainage from Louisa Street. Any upgrading should be limited to the need to accommodate any increased discharge from the subject site only as a resulted(sic) of the approved development and not other external sites/catchments.

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Gympie Regional Council

Requested Response to Condition 2.7: That condition 2.7 be amended to confirm that such any(sic) upgrading should be limited to the need to accommodate any increased discharge from the subject site only as a resulted(sic) of the approved development and not other external sites/catchments.’ (c) Assessment Report: (Infrastructure Planning Manager – A.Laszlo) Previous comments made in relation to condition 2.5 are applicable. Condition 2.7 to remain. 3.9 Condition 2.9 (a) Condition 2.9 reads: ‘A minimum of 80 car parking spaces are to be provided for the development, including a minimum four (4) accessible parking bays complying with the requirements of AS2890.1 and one (1) ambulance bay.’ (b) Applicant’s representations: ‘The proposal plans show three disabled parking bays, not four as stated in this condition site(sic). Requested Response to Condition 2.9: That condition 2.9 be amended to require a minimum of three accessible parking bays.’ (c) Assessment The requirement under AS2890.1 is for 3-4% of parking spaces to be accessible (ie allocated for people with a disability). Given 80 spaces are to be provided, three (3) will be sufficient to comply with the standard. 3.10 Condition 2.13 (a) Condition 2.13 reads: ‘Landscaping is to be provided for the development as following: (i) minimum 2.0 metres averaging 3.0 metres along the Channon and Queen

street frontages of the site; and

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Gympie Regional Council

(ii) a minimum one (1) metre wide landscaped buffer along the length of the eastern and western boundaries, planted with species that grow to a minimum of three (3) metres high.’

(b) Applicant’s representations: ‘Condition 2.13(i) There is some concern that Council reference to “landscaping” is to softscaping not hardscaping such a(sic) paving. The applicant requests that the condition be amended to clarify this aspect. For example, the proposal plans shown(sic) a one (1) metre wide softscaping strip along the Channon Street frontage between the road boundary and the proposed internal driveway. It should also be noted that below this area is the basement carpark (with a concrete lid over it) which extends to the Channon Street boundary. There is a similar one (1) wide strip of planting proposed along the Queen Street frontage between the proposed paved carpark and the road boundary. Condition 2.13(ii) This requirement is achievable on the western boundary of the subject site but only partially so on the eastern boundary. The basement carpark extends to the eastern boundary along the higher part of the block. This area would be covered by a concrete slab and paved as an external terrace to the tenancies noting that this part of the site adjoins the private hospital and so is probably not as critical as those parts of the site that adjoin residential uses. Requested Response to Condition 2.13: That condition 2.13 be amended to allow the development to be undertaken in accordance with the proposal plans.’ (c) Assessment Landscaping as defined in Planning Scheme Policy 4 means: ‘the treatment of premises for the purposes of enhancing or protecting the amenity of a site and the surrounding locality by: (a) screening by fences, walls or other means; (b) planting of trees, hedges, shrubs and grass; (c) formation of banks, terraces or other alterations to the land form; (d) laying out of gardens or courts; (e) installation of other amenity features, including hardscape elements of

seats, rubbish bins, bollards, shade structures, lighting and playgrounds.

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The term excludes any form of paving for vehicular driveways, parking areas, access lanes and the like.’ Concept landscaping plans were submitted with the application but not included in the set of approved plans. (copy below).

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Minimal landscaping is shown along both Channon and Queen Street frontages, but given the position of the building has been approved any additional landscaping required would necessitate a redesign of the building.

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Part (i) of the condition should be amended to require only a one (1) wide landscaped strip as requested, however it should be noted that decorative pavement is to be incorporated into the frontage as shown on the Dimond Architects plan. 3.11 Condition 3.1 (a) Condition 3.1 reads: ‘The development shall be generally in accordance with the following approved plans submitted with the application:

Reference Number Drawn by Date AO1B Neylan Group 12.02.2008 AO2B Neylan Group 12.02.2008 AO3A Neylan Group 13.12.2007 AO4B Neylan Group 12.02.2008 AO5A Neylan Group 13.12.2007 AO6A Neylan Group 13.12.2007 AO7A Neylan Group 13.12.2007 AO8A Neylan Group 13.12.2007

including the following maximum gross floor areas: Commercial premises 1 361m2 gfa Shop 250m2 gfa Food or entertainment venue 150m2 gfa.’ (b) Applicant’s representations: ‘These floor areas are those taken from the proposal plans and are not gross floor areas as there are tenancy areas or net lettable areas as commonly used by architects in preparing such plans. Requested Response to Condition 3.1: That condition 3.1 be amended to refer to the areas shown as net lettable areas or alternatively provide a basis for determining gfa for each use in a mixed use development with areas not less than those shown on the proposal plan.’ (c) Assessment Gross floor area, as defined by the planning scheme ‘means the total floor area of all storeys of the building measured from the outside of the external walls or the centre of a common wall, but does not include area used for accommodating building services, a public lobby within the ground storey, or areas used for the parking , loading or unloading, or manoeuvring of vehicles.’

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This being the case, it is considered reasonable that areas of the development, to be utilised by all uses are excluded from the calculation and include the lift space, stairwells, restrooms and the pedestrian mall area. There is not considered to be a great difference in the gfa and the available lettable area for the development therefore it is considered reasonable to refer to the maximum areas for each approved use as being the maximum lettable area.

P23/04/09 Moved: Cr L.J. Friske Seconded: Cr J. Watt Recommend that in relation to development application (DA15779) for Material Change of Use – Commercial Premises (Medical Centre), Shop (Pharmacy) and Food or Entertainment Venue (Café) over Lot 2 RP77034 and Lot 1 RP46441, 70 and 72 Channon Street and 7 Queen Street Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 1.2 to remain; (ii) Note to be added to Condition 1.3 to read: ‘Note: This amount is based on an estimated peak hour trip generation

of 226 trips and includes credits for the existing uses.’; (iii) Note to be added to Condition 1.4 to read: ‘Note: This amount is based on the provision of six (6) additional lights

(@ $750 each) and the removal of two (2) sub-standard lights (@ $250 each).’;

(iii) Note to be added to Condition 1.9 to read ‘Note: This excludes the common boundary with Lot 1 SP207655,

being an existing private hospital.’; (iv) Note to be added to condition 1.14 to read: ‘Note: The proposed bin location shown on the approved plan in the

basement car park is considered acceptable. The number of bins to be provided, however, must be in accordance with Council’s Rating Policy.’;

(v) Condition 2.10 to be deleted; (vi) Condition 2.1 to be amended to read

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‘The existing road is to be upgraded to a standard compatible with the proposed development. Council requires the following works to be carried out on Channon Street:

(a) realign kerb and channel, footpath and existing parking lane to Council standard crossfall requirements along the full frontage to the development site on the northern side of Channon Street plus tapers beyond the frontage to the existing surfaces.’;

(vii) Condition 2.3 to read ‘A road safety audit is required to be undertaken by a qualified road

safety auditor of Queen Street intersections with Lawrence Street, Louisa Street, Alfred Street and Queen Street itself and submitted to Council for assessment and endorsement. Any recommendations of upgrading of Queen Street and its intersections with Louisa Street, Alfred Street and Lawrence Street identified as being necessary to facilitate the development are to be carried out by the developer at no cost to Council.’;

(viii) Condition 2.5 to remain; (ix) Conditions 2.7 to remain; (x) Condition 2.9 to be amended to read: ‘A minimum of 80 car parking spaces are to be provided for the

development, including a minimum three (3) accessible parking bays complying with the requirements of AS2890.1 and one (1) ambulance bay.’

(xi) Part (i) of condition 2.13 to be amended to read: (i) a minimum 1.0 metre wide strip along the Channon and Queen

Street frontages of the site, and decorative pavement in addition to this along the Channon Street frontage as indicated on Dimond Architects plan 411 Issue DA-2 dated 17.8.07; and

(xii) Condition 3.1 be amended to refer to net lettable area instead of

gross floor area. Carried.

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Cr R.J. Dyne entered the meeting at 9.17 a.m.

SECTION 3: RECONFIGURING A LOT APPLICATIONS

3/1 2008-1348 – Development Application to Reconfigure a Lot – Boundary Realignment over Lot 28 SP196684 and Lot 26 W3761 – 391 Widgee Crossing Road, Widgee Crossing South and Buranda Road, Widgee Crossing South – C. Buchan FILE NO: Minute: P24/04/09 2008-1348 APPLICANT: C. Buchan LANDOWNER: C. Buchan & Y. M. Forward RPD: Lot 28 SP196684 and Lot 26 W3761 SITE ADDRESS: 391 Widgee Crossing Road, Widgee

Crossing South and Buranda Road, Widgee Crossing South

CURRENT USE OF LAND: Rural/Grazing Operations/Dwelling PROPOSAL: Reconfiguration of a Lot – Boundary

Realignment EXISTING ZONE: Rural LEVEL OF ASSESSMENT: Code

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Gympie Regional Council

KEY POINT SUMMARY

• Application for boundary realignment over two (2) titles; • Site Area (Lot 28 SP196684): 13.7 ha • Site Area (Lot 26 W3761): 6.4 ha • Energex was contacted as an Advice Agency. • Existing and proposed Lots do not have a formal access point. • Access to the proposed lot 30 will be gained via a driveway at the end of

the road formation, as demonstrated in the proposed plan. • Concern raised with potential maintenance expectations on Council by

future residents. • Approval recommended subject to construction of a bitumen access

driveway within the road reserve area to Lot 30.

Report: (Planning Officer – S.F. Court)

1.0 Application This application seeks approval to realign the boundaries between Lot 28 SP196684 and Lot 26 W3761, situated at 391 Widgee Crossing Road, Widgee Crossing South and James Dean Road, Widgee Crossing South.

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Gympie Regional Council

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Gympie Regional Council

The site is identified on the following map as being zoned Rural:

The site is identified on the following Overlay Maps: • OM5 Wetlands/Waterways, • OM8 Good Quality Agricultural Land Class A.

Subject Sites

Subject Sites

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Gympie Regional Council

2.0 ASSESSMENT 2.1 Compliance with the Planning Scheme Under the arrangements of the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development, with the following codes applicable:

Gympie Planning Area Code

No conflicts with the outcomes sought by the Gympie Planning Area Code.

Reconfiguring a Lot Code Specific Outcome 4 of the Reconfiguration a Lot Code requires that ‘Lots are provided with services appropriate for the intended use of the lots.’ Table 8:1 Standards for the Provision of Works in Planning Scheme Policy 8: Infrastructure Works requires the following for reconfiguring a lot development within the Rural Zone:

- Road pavement, - Road drainage, - Vehicle crossings over footway.

Buranda Road is currently a gravel road which extends off Widgee Crossing Road. Access to Lot 30 is currently a grassed area extending from Fleming Road. It has been proposed that access to proposed lot 30 will be gained via a driveway at the end of the road formation, as demonstrated on the plan. The current proposal does not comply with Council’s standard approach as it is not from a Council maintained road. The proposal is a boundary realignment with no additional lots proposed, and entitlements now exist to construct a dwelling on Lot 30. The proposal however is seeking to create a more suitable building area on this lot above Q100 flooding and is therefore likely increasing its prospects of being used for residential purposes.

Should the application be approved construction of a sealed driveway to Lot 30 within the road reserve should be required given it is located close to the existing dwelling on lot 28. Specific Outcome 12 of the Reconfiguration a Lot Code requires that ‘each lot, separate part of a lot or access easement: a. is of sufficient size and suitable proportions to be able to be capable of

being used for its intended purpose; and,

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Gympie Regional Council

b. is not less than the minimum area and dimensions indicated in Schedule

Table 12 minimum Lot Areas, Dimensions and Frontages for the zone in which the lot is located except where no greater number of lots is created, and a lesser and reasonable size is warranted due to pre-existing lot size, …,’

Schedule Table 12 Minimum Lot Areas, Dimensions and frontages requires: - Minimum 100 hectares lot size; and - Minimum frontage of 100m per allotment. The proposed development does not meet the minimum lot size of 100 hectares for each lot due to existing boundaries in place. The surrounding area consists of a number of fragmented rural allotments including the parcels immediately to the south of the site. As these are existing lots and the change in area for Lot 30 is not great, sufficient planning grounds are considered to warrant a relaxation of this standard.

Infrastructure Works Code Any upgrading required should be in accordance with the Code and can be conditioned accordingly. Landscaping Code Street trees are not required as part of boundary realignments in the Rural Zone. Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site contains large sections of both Class A and Class B GQAL in the allotment, however given the lot areas are not changing significantly the Code is not considered compromised by the proposal. Natural Waterways & Wetland Areas Code The Natural Waterways & Wetland Areas Code is intended to preserve natural wetland areas and protect wetland area’s ecological values and environmental functions within rural areas. The development site contains a natural waterway in both of the allotments. However, this is not considered to be a significant issue in this application as the boundary realignment aims to preserve this area. Any development is away from the natural waterways and wetlands areas.

3.0 OTHER PLANNING CONSIDERATIONS 3.1 Impact on Amenity No amenity concerns are raised by the proposal given the adjoining rural allotments.

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Gympie Regional Council

3.2 Site access and Traffic Site access and traffic conditions have been previously discussed. 3.3 Flooding Lot 30 has been identified as being affected by flooding. An area of 3 778m2 on Lot 30 has been identified above the Q100 floodline. 3.4 Vegetation The site has been generally cleared in the past for grazing operations with only sparse vegetation retained within each Lot. There is no mapped remnant vegetation on the site as evidenced by the Regional Ecosystem Mapping. 3.5 Site Contamination The site is not known nor suspected to be contaminated. The site does not appear to have been used for a notifiable activity under the Environmental Protection Act 1994. 3.6 Services Electricity and telecommunications are available to the site.

4.0 CONSULTATION 4.1 Internal a) Design Department Report: (General Manager Design Services Division – R. Chapman)

This report is based on the information submitted by the applicant’s consultant Max Watterson and Associate as per Proposal Plan 07-2387AC. TRAFFIC No additional lots are created and although the lands are outside of but adjacent to the rural residential roads contribution area 6, no road contribution is applicable in the strict sense.

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Gympie Regional Council

ROAD ACCESS Burunda Road is currently on Council’s Road register as an unmaintained road. It is off Widgee Crossing Road which is unsealed for 450 metres from Glastonbury Road. Recently, Burunda Road has been upgraded by unknown persons to a reasonable standard for 230 metres but has not been subject to a detailed inspection to confirm if it meets Council’s standard. For example, the culvert at the start of the road is obviously too high, probably too small and is likely to cause a scour along Widgee Crossing Road in time. As it is now, the existing Lot 26 on W3761 of 64,500 m2 does not have constructed access for 240 metres before reaching the unapproved but constructed Buranda Road. The proposed Lot 30 of 33,620 m2 would be closer to the constructed section but still 170 metres distant. The application states that Lot 30 will be enhanced as a rural living block as it is smaller and has been designed to have an area above the Q100 flood line which Lot 26 currently does not have. If it is therefore intended as a residential lot, then constructed access should be required. However, the site is of a lesser area than allowed in the rural zone and if it were to be included in the Rural residential zone it is a requirement that it be assessed by a sealed road. Any extension of the constructed road will have to negotiate several power poles including a major transformer pole located in the current line of the road. The proposal plan does not clearly show the locations of these poles or other building encroachments in the road reserve. The 2005 aerial photos show a building and yards in the road reserve which appears to have now been removed. FLOODING The site is subject to Q100 floods with the existing Lot 26 completely inundated even in a Q40 event. The proposed boundary change would result in an area of approximately 3,800 m2 above the Q100 flood line for proposed lot 30. The balance lot would have an area of approximately 20,000 m2 above the Q100 flood line. EFFLUENT DISPOSAL A geotechnical report has not been required with both lots having adequate areas available for effluent disposal. SERVICES Both electricity and telecom services are available in the area with connections required to each lot. Wayleave/easements may be required by the electrical authority.

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Gympie Regional Council

4.2 External a) Energex The application required referral to Energex as an Advice Agency given the existence of power easements through the site. Energex offered no objection to the proposal subject to conditions relating to construction within and clearance from the easement. A copy of Energex’s advice will be sent to the applicant with the decision notice. 5.0 CONCLUSION The development proposes to realign the boundary of two (2) existing rural lots. The existing and proposed access arrangements result in traffic from the lots traversing pavement constructed within the road reserve but that is not approved by Council and not likely meeting Council standards. Council’s direction is sought in relation to the access issues, bearing in mind that the development does not propose any additional entitlements to that existing and it can be conditioned to provide formed access as required by the planning scheme.

P24/04/09 Moved: Cr A.J. Perrett Seconded: Cr J. Watt Recommend that Council, as Assessment Manager, APPROVE Development Application 2008-1348 for Reconfiguring a Lot – Boundary Realignment over Lot 28 SP196684 and Lot 26 W3761 – 391 Widgee Crossing Road, Widgee Crossing South and Buranda Road, Widgee Crossing South, subject to the following conditions: Assessment Manager’s Conditions Section 1 - Conditions to be Satisfied Prior to Council Signing and

Sealing the Plan of Survey 1. (i) The development shall be generally in accordance with the plan

submitted with the application (Plan No 07-2387AD drawn by Max Watterson & Associates and dated 16-02-09).

(ii) The layout of the development as shown on the endorsed development plan shall not be altered or modified unless previously approved by Council’s Chief Executive Officer.

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Gympie Regional Council

2. The development herein approved may not start until: (i) the following development permit has been issued and complied

with as required - (a) Development Permit for Operational Work (Access

Construction); and (ii) development authorised by the above permit/s has been

completed to the satisfaction of Council’s Chief Executive Officer.

3. All outstanding rates or charges levied by Council or expenses that

are a charge over the subject land under any act are to be paid. 4. The whole of the subject land including all approved lots is to be

treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

5. Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey. 6. Undertake at no cost to Council, the alteration of any public utility

mains (e.g. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

7. Access to the proposed lots are to be constructed in accordance with

the requirements of Council’s Infrastructure Works Code – Drawing R-10.

8. All lots are to be permanently numbered with reflective numbers on

posts to the satisfaction of Council’s Chief Executive Officer. 9. Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

10. The existing unformed road reserve is to be upgraded from the end

of the existing formation in Buranda Road to the nominated access point to Lot 30, including an appropriate turnaround, to Council’s standards as applicable to a rural gravel road.

Note: Such work is required to be carried out in accordance with plans approved by Council through a development application for operational work.

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Gympie Regional Council

Notes (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

Carried. 3/2 2008-1074 – Reconfiguring A Lot – Boundary Realignment – 43 Hamilton

Road and 196 Old Maryborough Road, Araluen – JKM Projects Pty Ltd FILE NO: Minute: P25/04/09 2008-1074 APPLICANT: JKM Projects Pty Ltd LANDOWNER: Whordley & JKM Projects Pty Ltd RPD: Lot 1 on MCH5526 Lot 2 on RP884801 SITE ADDRESS: 43 Hamilton Road and 196 Old

Maryborough Road, Araluen SITE AREA: Lot 1 currently 9.345 Ha Lot 2 currently 5.0260 Ha CURRENT USE OF LAND: Vacant / Large Shed (Lot 2) PROPOSAL: Reconfiguring a Lot – Boundary

Realignment to merge part of Lot 2 with Lot 1 and create two separate parts to Lot 2.

PLANNING SCHEME: Cooloola Shire Planning Scheme 2005

EXISTING ZONE: Rural LEVEL OF ASSESSMENT: Code Assessable

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Gympie Regional Council

KEY POINT SUMMARY • Application for Reconfiguring a Lot – Boundary Realignment to transfer

part of existing Lot 2 to Lot 1, to result in a total site area of 12.32 hectares for Lot 1 and 2.05 hectares for Lot 2 (Part A 1.4 hectares and Part B 0.65 hectares), within the Rural Zone.

• Application lodged for assessment against Cooloola Shire Council’s Planning Scheme 2005.

• The boundary realignment is to be undertaken in order to facilitate a proposed residential subdivision (2008-1073) and proposes to retain Lot 1 in a larger single parcel and Lot 2 in two (2) Part Lots, A & B.

• Part Lots are acceptable for registration by the Titles Office, however DNRW advises that “the extent of the physical separation of the part lots should be limited to where the part lots can be effectively and efficiently used as a single lot. …where the separation of the part lots exceeds this limit the part lots should be identified as separate lots”.

• Proposed Part Lot A and B are not considered to be able to be effectively and efficiently utilised as a single allotment and would likely result in ongoing maintenance issues.

• Creation of two (2) part lots separated by an unrelated allotment is considered to result in an undesirable outcome and would be better subdivided into two (2) separate allotments.

• Recommend that Council advise the applicant that while the boundary realignment is supported, an amended application is required to be submitted in order to result in two (2) separate allotments being created, in lieu of the two (2) Part Lots as currently proposed.

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Gympie Regional Council

Report: (Craven Ovenden Town Planning and Principal Planner –

K.M. Toomey) 1.0 Introduction This application seeks Council’s approval for Reconfiguring a Lot – Boundary Alteration to transfer a large area of Lot 2 to Lot 1 to allow for future residential development, while Lot 2 will be divided into two parts, separated by another, unrelated, allotment. 1.1 Site Description

• The site is located at 43 Hamilton Road and 196 Old Maryborough Road, Araluen, approximately 3 kilometres from Stewart Terrace and approximately 5 kilometres north-west of Gympie by road.

• Existing Lot 1 has a frontage to Old Maryborough Road measuring 202 metres. The Hamilton Road frontage (Lot 2) is divided in two by an unrelated allotment. The total frontage to Hamilton Road measures 294.9 metres.

• The site is improved by a large shed toward the north-western corner. A sizable dam is also located at the north-western corner the site.

• A large area of the site has been previously cleared for grazing purposes however, several pockets of significant vegetation remain.

• The land falls approximately 15m to the south-western corner of Lot 2. • Lot 1 currently has a site area of 9.345 hectares and Lot 2 currently has

a site area of 5.026 hectares. 1.2 The Proposal The application proposes a boundary realignment to facilitate separate ownership of the majority of the existing Lot 2 which is to be merged with Lot 1 to continue an existing urban residential development (Fairview Park). Lot 2 is to be divided into two parts, separated by an existing and unrelated allotment. The details of the proposal include:

• Part of existing Lot 2 is to be transferred to Lot 1, to result in a total site

area of 12.32 hectares for Lot 1 and 2.05 hectares for Lot 2 (Part A 1.4ha and Part B 6 500m2).

• Retention of the existing shed and dam on proposed Part B of Lot 2.

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The proposal plan is reproduced below.

The applicant has also made a concurrent application (2008-1073) over the proposed enlarged Lot 1 to create an additional 24 standard residential allotments.

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Gympie Regional Council

This application is reported following. 1.3 Surrounding Land Uses Land immediately surrounding the site to the north, south, east and west is generally rural residential in nature. A small urban residential subdivision has been recently established adjoining the site to the west and a larger urban subdivision is to be developed to the south of the site, part of which is to be supplemented by this proposal. 2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The intent of the Rural zone is primarily for rural uses, but it also logically allocates land for future urban, rural residential or other purposes. The proposal seeks to excise part of existing Lot 2 to Lot 1 to the south to increase the amount of land available for future urban residential development. It is intended that part of Lot 2 will be transferred to Lot 1 to increase the size of Lot 1. This application is being assessed concurrently with DA 2008-1073 which proposes an expansion of an approved urban residential subdivision, on that land which is to be excised from Lot 2 by this application. Leaving aside that the site is not in the designated urban area, the implications of which are discussed in the report on DA 2008-1073, when considered simultaneously, the proposal presents a reasonable and logical extension to existing urban development to the south. When considered on its own, the application presents a satisfactory outcome with regards to the realignment of the boundary. However, the creation of two (2) part lots separated by an unrelated allotment is considered to result in an undesirable outcome and would be better subdivided into two (2) separate allotments. Whilst part lots are permitted for registration by the Registrar of Titles, the Department of Natural Resources and Water advises that “the extent of the physical separation of the part lots should be limited to where the part lots can be effectively and efficiently used as a single lot. …where the separation of the part lots exceeds this limit the part lots should be identified as separate lots”.

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Gympie Regional Council

2.2 Overlays / Natural Hazards / State Planning Policies 2.2.1 Good Quality Agricultural Land The site is identified on Overlay Map OM8 (Sheet 1) as comprising both Class A and Class B Good Quality Agricultural Land (GQAL). Notwithstanding this, in contemplating the need for expansion of the Gympie Urban Area, Council has to rationalise the need to permit expansion against the knowledge that this would compromise the preservation of some existing conditions, overriding GQAL. As the land immediately adjoining the site to the south and east has been approved for urban and rural residential activities and there is evidence of need for urban land beyond the current urban boundaries, it is considered that State Planning Policy 1/92 is addressed and this is consistent with Council’s approach to the assessment of GQAL to date. 2.2.2 Bushfire Hazard The site is identified on Natural Hazard Map NHM1 (Sheet 3) within a Bushfire Hazard Area. The applicant has not formally addressed this issue however, as the site is located in the lower hazard category and clearing will ensue as a result of the subdivision, no issues relating to bushfire hazard are considered to exist. 2.3 Assessment Against Codes

The applicable Codes include the following:

- Reconfiguring a Lot Code - Gympie Planning Area Code - Infrastructure Works Code - Landscaping Code - Conservation Significant Areas Code

2.3.1 Reconfiguring a Lot Code The proposal has been assessed against the following: 2.3.1.1 Road Design / Network No change to the existing road network is proposed. Both Parts A and B will continue to gain access directly from Hamilton Road. That portion of the site excised to Lot 1 will gain access though a new road linking it with the remainder of the urban subdivision to the south.

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Gympie Regional Council

2.3.1.2 Services The site is currently serviced by reticulated water supply. Although a Geotechnical Report has not been submitted with the application, both proposed parts of Lot 2 are of a size to suitably accommodate on-site effluent treatment areas, should the lots be created as separate titles and a house be established. The site has access to electricity and telecommunications infrastructure. 2.3.1.3 Open Space No open space is proposed as part of this boundary realignment. As the proposal does not increase the number of lots, but rather divides Lot 2 into two parts, no contribution towards the provision and maintenance of open space is required. However, given that proposed Part A and B of Lot 2 are considered to achieve a better outcome as two (2) separate allotments, a contribution towards the improvement of existing public parks in the general area would be applicable, should the proposal be amended. 2.3.1.4 Stormwater No changes to the existing situation are proposed. Stormwater runoff will continue to be collected by on-site water tanks and drained into the existing dam on Lot 2. 2.3.1.5 Lot Sizes The provisions for rural allotments include: - Minimum 100 hectares lot size; and - Minimum road frontage of 100m per allotment. The proposal does not meet the minimum lot size of 100 hectares, which aims to preserve rural lands in viable parcel sizes. However, Lot 2 currently measures 5.02 hectares, well under the minimum lot size requirements in the Planning Scheme, and the proposal does not overall, reduce the viability of either allotment. In this respect, and with regard to the nature of existing and approved development surrounding the site, the proposed boundary realignment is not likely to result in any significant impact on the rural values of the area, nor would an amended proposal resulting in Part A and B of Lot 2 being created as separate allotments.

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Gympie Regional Council

The existing road frontage of the site measures 294.9m which is divided into two sections, both fronting Hamilton Road. The first section is the frontage of proposed Part A, measuring 128.9m, while the second is the frontage of proposed Part B which measures 166m. The proposed subdivision does not alter the existing situation in terms of road frontage as that part of the site which is proposed to be excised to Lot 1 does not have a road frontage. However Part A and Part B of proposed Lot 2 should be subdivided into two (2) separate allotments and as a result an additional allotment would front Hamilton Road. Both lots would exceed 6 000m2 in size and would exceed the minimum required frontage of 50 metres for ‘rural residential’ style allotments and would therefore result in a compliant outcome.

2.3.1.6 Natural Features The site is not identified as to contain any natural waterways, natural wetland or wetland protection areas. The site is not mapped as containing any significant regional ecosystems or remnant vegetation, however is mapped as containing a locally significant connectivity corridor for wildlife. The proposal does not, however, unduly compromise the conservation value of the surrounding area. 2.3.1.7 Impact on Amenity The proposed lot sizes allow sufficient setbacks from adjoining properties and maintain the existing amenity of the locality. No amenity concerns are raised by the proposal given the nature of development established and approved in the locality, for urban purposes, and limited visual impact of the proposal. 2.3.1.8 Flooding The site is well-elevated, falls moderately to a valley in its south-western corner and is not known to be subject to flooding. 2.3.1.9 Site Contamination The site is not listed on the Environmental Management Register or Contaminated Lands Register and is not known to have been used for activities likely to have caused contamination. 2.3.2 Rural Planning Area Code While the site is located in the Rural Planning Area and triggers assessment against the Rural Planning Area Code, it is not relevant to this proposal as the Code does not incorporate any provisions for reconfiguration.

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Gympie Regional Council

2.3.3 Infrastructure Works Code The applicant has not provided an assessment against this Code. Standard

approval conditions will also apply.

2.3.4 Landscaping Code The applicant has not provided an assessment against this Code, however landscaping requirements are not generally imposed on boundary realignments and subdivisions in the Rural zone.

2.3.5 Conservation Significant Areas Code The site is identified as containing a small wildlife connectivity corridor, however the proposal is not considered to compromise the overall value of the area for conservation purposes. 3.0 PUBLIC NOTIFICATION The application was code assessable and did not require public notification. 4.0 CONSULTATION 4.1 Internal Council’s Design Services Division was consulted and no issues with realigning the existing boundary to facilitate the residential development applied for in 2008-1073 were raised. Further, no significant engineering issues would preclude the creation of two (2) separate allotments in lieu of Part A and B of Lot 2. Additional contributions would however apply, should the application be amended. 4.2 External 4.2.1 Referral Agencies The application did not require referral to any State Government Agencies. 5.0 CONCLUSION The application proposes a boundary realignment that is consistent with the nature of surrounding development in the locality, however proposes the creation of two (2) part lots, separated by an unrelated allotment. The creation of two (2) part lots would result in maintenance issues, as they would be unable to be effectively and efficiently utilised as a single allotment.

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Gympie Regional Council

Whilst the transfer of land from existing Lot 2 to Lot 1 is supported in order to facilitate the subsequent residential subdivision proposed as part of 2008-1073, an amended proposal is recommended to be submitted creating two (2) separate allotments instead of two (2) parts of a single lot over Lot 2.

P25/04/09 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

Recommend that Council, as Assessment Manager, advise the Applicant for Development Application 2008-1074 for Reconfiguring a Lot – Boundary Realignment, that the application is not supported in its current form. Further that Council will reconsider an amended application identifying proposed Part A and Part B of Lot 2 as two (2) separate lots.

Carried. 3/3 2008-1073 – Reconfiguring A Lot –Subdivision to Create 24 Additional Lots –

43 Hamilton Road and 196 Old Maryborough Road, Araluen – JKM Projects Pty Ltd FILE NO: Minute: P26/04/09 2008-1073 APPLICANT: JKM Projects Pty Ltd LANDOWNER: Whordley & JKM Projects Pty Ltd RPD: Lot 1 on MCH5526 Lot 2 on RP884801 SITE ADDRESS: 43 Hamilton Road, ARALUEN

196 Old Maryborough Road SITE AREA: Lot 1 – 9.345 Ha & Lot 2 – 5.0260 Ha CURRENT USE OF LAND: Vacant / Large Shed (Lot 2) PROPOSAL: Reconfiguring a Lot – Subdivision to

Create 24 Additional Lots PLANNING SCHEME: Cooloola Planning Scheme 2005 EXISTING ZONE: Rural LEVEL OF ASSESSMENT: Code Assessable SUBMISSIONS: None

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Gympie Regional Council

KEY POINT SUMMARY

• Application for Reconfiguring A Lot – Subdivision to create 24 Additional Residential Allotments, within the Rural Zone.

• Application lodged for assessment against Cooloola Shire Council’s Planning Scheme 2005.

• A boundary realignment is to be undertaken as part of a subsequent application (2008-1074) in order to facilitate the proposed residential subdivision.

• Proposal represents a logical extension of the Housing Zone and the proposal generally complies with the provisions of the Planning Scheme.

• Reconfiguring a Lot application recommended for Approval, subject to conditions, including an amendment to create two (2) separate allotments from proposed Lot 2 Part A and B.

Report: (Principal Planner – K.M. Toomey and Craven Ovenden Town

Planning) 1.0 Introduction This application seeks Council’s approval for Reconfiguring a Lot – Subdivision to Create 24 Additional Lots over Lot 2 on RP884801, which is to be excised to Lot 1 on MCH5526 under a separate application DA 2008-1074 for a boundary realignment between the two lots.

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Gympie Regional Council

1.1 Site Description

• The site is located at 43 Hamilton Road and 196 Old Maryborough Road, Araluen, approximately 3 kilometres from Stuart Terrace and approximately 5 kilometres north-west of Gympie by road.

• The site has a frontage to Old Maryborough Road measuring 202 metres. The Hamilton Road frontage is divided in two by an unrelated allotment. The total frontage to Hamilton Road measures 294.9 metres.

• The site is improved by a large shed toward the north-western corner. A sizable dam is also located at the north-western corner of the site.

• A large area of the site has been previously cleared for grazing purposes however, several pockets of vegetation remain.

• The land falls approximately 15m to the south-western corner of Lot 2. 1.2 The Proposal A development application for a boundary realignment between the existing Lot 1 on MCH5526 and Lot 2 on RP884801 was lodged concurrently with this application and has been addressed in the previous report. This application proposes to create a total of 24 new residential lots and a new road which is connected to a recently approved residential development adjoining the southern boundary. The details of the proposal include lot sizes ranging from 802m2 to 1902m2, similar to other urban residential allotments approved in the area.

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Gympie Regional Council

The proposed layout is reproduced below.

It is significant to note that a separate application to relocate the existing boundary between Lots 1 and 2, with the majority of Lot 2 to be excised to Lot 1, has previously been assessed and dealt with in a separate report.

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Gympie Regional Council

1.3 Surrounding Land Uses Land immediately surrounding the site to the north, south, east and west is generally rural residential in nature. A small urban residential subdivision has been recently established adjoining the site to the west and a larger urban subdivision is to be developed to the south of the site, part of which is to be supplemented by this proposal.

2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The intent of the Rural zone is primarily for rural uses, but it also logically allocates land for future urban, rural residential or other purposes. The proposal seeks an expansion of an approved urban residential subdivision over land which has been excised from Lot 2 by a separate boundary realignment application which has been addressed within a separate report. The proposed residential subdivision seeks to create 24 standard urban residential lots, ranging in size between 802m2 and 1902m2.

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Gympie Regional Council

Leaving aside that the site is not in the designated Urban Area on the Gympie Strategy Map, the proposal presents a reasonable and logical extension to approved urban development to the south. While the land is currently zoned for rural activities, it is located in a buffer area between existing and approved urban residential development to the south and rural residential to the north. Although not explicitly stated in the Scheme, this area is considered suitable for urban residential expansion, as it is on the fringe of Gympie’s existing urban area and its large lot sizes are conducive to the subdivision of standard sized allotments as opposed to rural residential sized lots which reduce the potential for urban development in the future. In this sense, the proposal provides an adequate use of the land. 2.2 Overlays / Natural Hazards / State Planning Policies 2.2.1 Good Quality Agricultural Land The site is identified on Overlay Map OM8 (Sheet 1) as comprising both Class A and Class B Good Quality Agricultural Land (GQAL). Notwithstanding this, in contemplating the need for expansion of the Gympie Urban Area, Council has to rationalise the need to permit expansion against the knowledge that this would compromise the preservation of some existing conditions, overriding GQAL. As the land immediately adjoining the site to the south and east has been approved for urban and rural residential activities and there is evidence of the need for urban land beyond the boundaries set on the Gympie Strategy Map, it is considered that that State Planning Policy 1/92 is addressed and this is consistent with Council’s approach to the assessment of GQAL to date. 2.2.2 Bushfire Hazard The site is identified on Natural Hazard Map NHM1 (Sheet 3) within a Bushfire Hazard Area. The applicant has not formally addressed this issue however, as the site is located in the lower hazard category and extensive clearing will ensue as a result of the subdivision, no issues relating to bushfire hazard are considered to exist. 2.2.3 Erosion Hazard Different parts of the site are identified in the Very Low, Low, Medium and High Erosion Hazard Areas as per Natural Hazard Map NHM2 (Sheet 2). This issue has not been formally addressed by the applicant. A standard approval condition requiring the preparation of an Erosion and Sediment Control Plan is to be imposed to reduce potential risk associated with erosion at the Operational Works Stage.

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2.3 Assessment Against Codes

The applicable Codes include the following: - Reconfiguring a Lot Code - Gympie Planning Area Code - Infrastructure Works Code - Landscaping Code - Conservation Significant Areas Code

2.3.1 Reconfiguring a Lot Code The proposal has been assessed against the following: 2.3.1.1 Road Design / Network The proposal includes a new road which is to link with the approved residential subdivision to the south and east. Refer to Design Services Division Report for further details. 2.3.1.2 Services The site is currently serviced by reticulated water supply and it is the applicants’ apparent intention to provide reticulated sewerage. There is no information in the application about the manner in which this is to occur, but as there is reticulated sewerage proposed for the recently approved subdivision over land immediately south, a direct connection to that site can be assumed. The site has access to electricity and telecommunications infrastructure. 2.3.1.3 Open Space No open space is proposed as part of this subdivision. It is recommended that a condition be included to require a monetary contribution be paid in lieu of parkland contribution. 2.3.1.4 Stormwater Part of the subject site forms a gully which receives flows from upstream catchments, according to the Stormwater Management Plan submitted in support of the application. Stormwater is proposed to be redirected to the road drainage system. Refer to Design Services Division report for further details.

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2.3.1.5 Lot Sizes The provisions for rural allotments include: - Minimum 100 hectares lot size; and - Minimum road frontage of 100m per allotment. The proposal does not meet the minimum lot size of 100 hectares, which aims to preserve rural lands in viable parcel sizes. The smallest of the proposed lots is 802m2 and the largest is 1 902m2. It is nevertheless noted that neither existing Lot 1, at 9.3ha, or Lot 2, at 5.02ha, meets the lot size criteria under the Planning Scheme. The proposed lot sizes are consistent with existing and approved development to the south and present a logical expansion to the Gympie Urban Area in an appropriate location. Additionally, that part of Lot 2 which is to be excised to Lot 1, the land upon which this subdivision is proposed, does not currently have frontage to any road. As a result of the proposed reconfiguration, each residential lot will have frontage to local streets. 2.3.1.6 Natural Features The site is not identified as containing any natural waterways, natural wetland or wetland protection areas. The site is not mapped as containing any significant regional ecosystems on the EPA’s Regional Ecosystem mapping. 2.3.1.7 Impact on Amenity Accepting that the site is suited to urban development, the proposed lot sizes allow for sufficient setbacks from adjoining properties and so permit standards of amenity consistent with an urban locality. The proposal involves an additional 24 lot subdivision in a rural area. Given the level of development proposed, it is reasonable to concede that some amenity impacts will prevail, though are likely to be of the nature and intensity commonly associated with urban residential development. In effect, the proposed subdivision is likely to extend the impacts already contemplated by the approved 90 lot subdivision to the south.

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2.3.1.8 Flood / Landslide / Bushfire The site is well-elevated, falls moderately to a valley at the south-western corner of the site and is not known to be subject to flooding or landslide. The applicant has not provided any assessment against bushfire hazard, however given the extent of clearing that will be required in order to facilitate the development, no significant issues relating to bushfire hazard are considered to exist. 2.3.1.9 Site Contamination The site is not listed on the Environmental Management Register or Contaminated Lands Register. 2.3.2 Rural Planning Area Code While the site is located in the Rural Planning Area and triggers assessment against the Rural Planning Area Code, it is not relevant to this proposal as the Code does not incorporate any provisions for reconfiguration. 2.3.3 Infrastructure Works Code

The applicant has not provided an assessment against this Code. An

Operational Works application must be submitted prior to the construction of any works. Standard approval conditions will also apply. Refer to Design Services Division report for further details.

2.3.4 Landscaping Code The applicant has not provided an assessment against this Code, however street trees are no longer required as part of residential subdivisions. 2.3.5 Conservation Significant Areas Code The site is identified as containing a small wildlife connectivity corridor, however the proposal is not considered to compromise the overall value of the area for conservation purposes. 3.0 PUBLIC NOTIFICATION The application is code assessable and did not require public notification.

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4.0 CONSULTATION 4.1 Internal Report: (General Manager Design Services - R. Chapman) This engineering report is based on the original reports submitted by the Town Planning Consultant, subsequent further information supplied by the Town Planner and the Engineer for this project who is also the Engineer for the adjoining development that has been given an Operational Works Approval under DA2008-0666. It is understood the proposed plan of subdivision is now the plan submitted by Martoo Consulting, Ref No D-00974-01-F, and dated 18/12/2008, even though the engineer's comments relate to the original proposal plan. TRAFFIC As these applications were made just prior to adoption of the Urban Road Contributions Policy the previous rates will apply for the additional lots at $298 per lot subject to cost escalation. No stages have been nominated in the submission. As internal footpaths are not required an equivalent contribution to external pathways should be applied as for road upgradings. ROADS The only road way in this development is a new internal road that will connect into two roads to be constructed in the adjoining development being developed by the same company. Although some of the remaining parcels will have frontage to Hamilton Road, those parcels frontages have not altered and hence no upgrading conditions have been imposed. The internal road now proposed is a much better outcome for circulation of traffic and stormwater drainage management. STORMWATER DRAINAGE Three distinct steep gullies now flow through the site. One will be directed off the adjoining development down the new road reserve whilst the other two will require piping through proposed lots with backwater levels being developed on the upstream lands which will require the owner's permission. Interlot drainage will be required depending on the lay of the land and the extent of filling required. This may require the adjoining already approved development to install additional interlot drains. Headworks charges apply for developments as per the Corella Road Drainage Study.

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WATER SUPPLY AND SEWERAGE. Again the revised lot layout will improve water supply reticulation and simplify sewering. Headworks charges for this area include the additional headworks applicable for this catchment. MISCELLANEOUS Significant lot filling will be required which will include filling of existing dams. Level 1 filling as per AS 3798-2007 should be applied. Walling may also be necessary which will require engineering certification. Electricity including street lighting and Telecom services will be the responsibility of the developer. Changes will be required to adjoining development approvals for both Reconfiguration of Lots and Operational Works. 4.2 External 4.2.1 Referral Agencies The application did not require referral to any State Government Agencies. 5.0 CONCLUSION The application proposes a subdivision to create 24 additional residential allotments and is consistent with the nature of existing surrounding development and approved development in the locality. The application is recommended for approval, subject to conditions detailed in the recommendation and as explained in the report, including an amendment to create two (2) separate allotments from proposed Lot 2 Part A and B.

P26/04/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

Recommend that Council, as Assessment Manager, APPROVE development application 2008-1073 for Reconfiguring a Lot –Subdivision to Create 24 Additional Lots over Lot 1 on MCH5526 and Lot 2 on RP884801 located at 196 Old Maryborough Road and 43 Hamilton Road, Gympie, subject to the following conditions:

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Assessment Manager’s Conditions Section 1 - Conditions to be Satisfied Prior to Council Signing and Sealing the Plan of Survey: 1.1 (i) The development shall be generally in accordance with the

plan/s submitted with the application (Plan Reference No. D-00974-01-F, drawn by LM – Martoo Consulting and dated 18/12/2008), except for the following amendment: (a) Lot 2 Part A & B are to be amended to create two (2)

separate allotments; (ii) Prior to the lodgment of a development application for

Operational Works, amended development plans showing the modification/s referred to above shall be submitted to Council for consideration and approval. The approved plans, once endorsed by Council’s Chief Executive Officer, shall become part of this Development Permit.

1.2 The development herein approved may not start until: (i) the following development permit has been issued and

complied with as required - (a) Development Permit for Operational Work (Civil

Works); and (ii) development authorised by the above permit has been

completed to the satisfaction of Council’s Chief Executive Officer.

1.3 Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey and at completion of engineering design approval process to ensure that the engineering design standards are not compromised.

1.4 All lots are to be permanently numbered with reflective numbers

on kerbs to the satisfaction of Council’s Chief Executive Officer. 1.5 A contribution is to be paid to Council towards the provision of

footpaths in the general area. The amount is currently assessed at $298 per additional lot, but will be based on Council’s policy and the rate applicable at the time of payment.

1.6 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at:

$3 094 for lots between 600m2 and 999m2; and $3 868 for lots over 1 000m2,

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however, the actual amount payable will be based on Council's

policy and the rate applicable, at the time of payment. 1.7 Contribution is to be made towards Sewerage Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at:

$4 835 for lots between 600m2 and 999m2; and $5 181 for lots over 1 000m2, however the actual amount payable will be based on Council's

policy and the rate applicable, at the time of payment. 1.8 In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $298 per additional lot, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

1.9 In accordance with Council’s Planning Scheme Policy 6: Park

Contributions, a contribution is to be paid to Council for the improvement of existing public park or recreation spaces in the general area. The contribution is currently assessed at $1782 per new lot created, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

1.10 The whole of the subject land including all approved lots is to be

treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

1.11 Identification markers are to be placed within 1 metre of survey

pegs at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

1.12 All cleared vegetation is to be suitably processed or removed from

the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to:

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(i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any Council landfill site.

1.13 All outstanding rates or charges levied by Council or expenses that

are a charge over the subject land under any Act are to be paid. 1.14 An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

1.15 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

1.16 The applicant shall make suitable arrangements for the provision

of an underground telephone service to the proposed new allotments within the subdivision. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

1.17 Easements or reserves for drainage purposes are to be surveyed

and registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.18 (i) Provide Council with written permission from relevant

adjoining landowners to discharge/accept concentrated stormwater onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

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1.19 Interallotment drainage and/or statutory covenants are to be

provided/registered as the lay of the land dictates such that no property is adversely affected from flows onto or discharges to any new proposed or existing residential lot.

1.20 Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems at no cost to Council in accordance with a development permit for Operational Works approving the required plans and specifications for such works.

1.21 The development is within the stormwater drainage North Gympie

– Flood Report by KBR. A contribution of $732 equivalent per lot plus CPI (applied annually on 1 July) is to be provided towards the works outlined in the above.

Section 2 - Conditions Relevant to the Issue of a Development Permit for Operational Work 2.1 No earthworks or filling works are to be undertaken prior to the

issue of a Development Permit for Operational Work. 2.2 Prior to commencement of any site works a declared plants

clearance is required to be obtained from Council and/or a satisfactory management plan approved. The enclosed Notification of Compliance Form is to be completed and lodged with Council as evidence that this has been undertaken prior to issue of a Development Permit for Operational Works.

2.3 One PSM is to be provided and levelled to AHD to the satisfaction

of Council’s Chief Executive Officer. A copy of any Permanent Survey Sketch is to be submitted to Council.

2.4 Water main/s complete with associated fittings are to be provided

along areas of new road, in accordance with a development permit issued by Council approving the required plans and specifications for such works.

2.5 Water meter/s and services shall be installed to all lots approved by

this Development Permit, and to the satisfaction of Council’s Chief Executive Officer.

2.6 Sewer mains are to be extended to provide connection points to all

proposed lots and / or connection points provided in existing sewers where appropriate.

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2.7 New road is to be opened and constructed to bitumen seal standard in accordance with Council’s Road Design Standard.

2.8 The following road name has been approved for new roads in this

development: (a) Ashgrove Way with Greystone Court deleted from adjoining

development Road 5. 2.9 Prior to construction of all new roads the following actions are

required: (i) Lodgement of a plan of the proposed centreline; (ii) The proposed centreline is to be pegged by the Consultant

Surveyor to facilitate an inspection; and (iii) Inspection by Council’s Engineer to ensure the new road is

suitably located. A Certificate of Acceptance will be issued following inspection, if the proposed road location is acceptable.

2.10 Street lighting is to be provided to the access street and the new

road in accordance with current Australian Standards/New Zealand Standards for Street Lighting and Equipment Design and Council’s Infrastructure Works Code. The subject road/street is classified as an Access street for the purposes of designing the system/category of lighting required. The developer is responsible for payment for the first 12 months electricity for the lighting system.

2.11 (i) Where any works associated with this development approval

are to be carried out on Council controlled land, such as road, park, drainage reserves, or the like, a Traffic Management Plan shall be submitted to Council for review prior to the pre-start meeting for such works.

(ii) The Traffic Management Plan shall be constantly reviewed and revised throughout the construction phase of the project until the works are accepted “On-maintenance” by Council.

2.12 The method of treatment of stormwater runoff from and through

the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

2.13 Stormwater is to be disposed of on site so as to cause no scour or

damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

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2.14 Roof and surface water is to be collected on site and is to be

discharged through an underground drain line into existing/new drainage in Ashgrove Way to the satisfaction of Council’s Chief Executive Officer.

2.15 Erosion and sediment control measures are to be designed and

provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

2.16 Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

2.17 Allotment filling including the filling of existing dams will require

testing to Level 1 Inspection and Testing standard as per AS3798 Guidelines on Earthworks for commercial and residential developments.

Notes: (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

Carried.

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3/4 2009-0145 – Reconfiguring A Lot – Subdivision to Create One (1) Additional

Lot – 24 City View Drive, The Dawn – R. Welburn FILE NO: Minute: P27/04/09 2009-0145 APPLICANT: Mr Ray Welburn LANDOWNER: R. & S. Welburn RPD: Lot 15 on SP202464 SITE ADDRESS: 24 City View Drive, The Dawn CURRENT USE OF LAND: Vacant Land PROPOSAL: Reconfiguring a Lot – Subdivision

to Create 2 Lots (1 additional lot) EXISTING ZONE: Rural Residential LEVEL OF ASSESSMENT: Code

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KEY POINT SUMMARY

• Application for subdivision to create one (1) additional lot; • Site Area (Lot 15 SP202464): 1.4ha • Proposed Lot 1: 7 374m2 • Proposed Lot 2: 7 076m2 • No referral agencies applicable. • Proposed Lot 1 has a frontage to depth ratio greater than 1:4. • The width of Lot 1 is also reduced to 42m within 6.8m of the proposed

access point. • Application recommended for refusal. Report: (Planning Officer – S.F. Court)

1.0 APPLICATION This application seeks approval for a Development Permit to reconfigure one (1) existing lot to create two lots over Lot 15 SP202464, situated at 24 City View Drive, The Dawn.

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The site is identified on the following map as being zoned Rural Residential:

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The site is identified on the following Overlay Map:

• OM8 Good Quality Agricultural Land Class A & B.

Subject Site

Subject Site

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2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme Under the arrangements of the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development and subject to the following codes: 2.1.1 Planning Scheme Provisions Under the arrangements of the Cooloola Shire Council Planning Scheme 2005, the proposed development is assessable against the codes outlined below.

Gympie Planning Area Code

The development is not considered to compromise any of the Code’s provisions relating to preservation of amenity (ie noise, light, air emissions and traffic). Specific outcome 9 requires buildings to be ‘appropriately sited with respect to boundary setbacks to protect privacy and natural breeze and light of adjoining and surrounding premises.’ Given the width of proposed lot 1 a dwelling will not be able to be located to comply with the minimum side setbacks (ie 15 metres) and given the location of an existing dwelling close to the common boundary with the adjoining lot it could be argued that approval of Lot 1 would potentially compromise privacy.

Reconfiguring a Lot Code The proposal is considered to conflict with SO-12 (c) (ii) of the Code which states: “if in the: (ii) Rural Residential Zone, is of a size compatible with promoting a high

level of rural amenity; “ The lot is narrow and long in comparison with other rural residential lots and particularly the existing development pattern in the immediate area and is not considered to promote a high level of amenity. Specific Outcome 12 of the Reconfiguration a Lot Code requires that ‘each lot, separate part of a lot or access easement: c. is of sufficient size and suitable proportions to be able to be capable of

being used for its intended purpose; and, d. is not less than the minimum area and dimensions indicated in Schedule

Table 12 minimum Lot Areas, Dimensions and Frontages for the zone in which the lot is located except where no greater number of lots is created, and a lesser and reasonable size is warranted due to pre-existing lot size, …,’

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Schedule Table 12 Minimum Lot Areas, Dimensions and frontages requires: - Minimum 6000m2 lot size; and - Minimum frontage of 50m per allotment. - Minimum dimensions of 40m x 50m. Although the proposed development does meet the minimum lot sizes of 6000m2 for each lot, it does not meet the minimum frontage of 50m per allotment. Proposed Lot 1 has a frontage of 46.6m which is then reduced to 42m at 6.8m into the allotment. Access to proposed Lot 2 will be via a 102m access handle 10.5m wide. Infrastructure Works Code The proposal is generally able to meet the requirements of the Infrastructure Works Code for the Rural Residential Zone. A contribution towards the improvements of existing Public Park or recreation spaces in the general area is considered applicable to the proposal. Landscaping Code Street trees are not generally required as part of subdivisions in the Rural Residential Zone. Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site contains large sections of both Class A and Class B GQAL in the allotment, however given the proposal is zoned Rural Residential, the preservation of GQAL is not considered to be a significant issue in this application. 3.0 LOCAL AND/OR STATE PLANNING POLICIES Current Council mapping suggests the site contains both Class A and Class B Good Quality Agricultural Land (GQAL), however as the land has been designated for Rural Residential purposes by Council’s Planning Scheme it is considered that State Planning Policy 1/92 has already been addressed.

No other State Planning Policies are considered applicable. 4.0 PLANNING CONSIDERATIONS 4.1 Impact on Amenity Given the shape of the proposed lot and the existing adjoining residences the proposal is considered to compromise amenity in the area. Further, the required driveway in the access handle to proposed lot 2 will be close to any future dwelling on proposed lot 1.

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Opportunity is also considered to exist to develop the site in conjunction with the adjoining two (2) hectare property.

4.2 Site Access and Traffic Consideration of road connections to adjoining lots is not required as adjoining sites all have access to suitable standard of roads within the Rural Residential Zone.

A contribution towards road improvements would be considered warranted due to the increased traffic that the proposal is likely to generate.

4.3 Flooding The site is well elevated and is not subject to flooding. 4.4 Vegetation The site has generally been cleared with only sparse vegetation retained along the existing boundaries. There is no mapped remnant vegetation on the site as evidenced by the Regional Ecosystem Mapping. 4.5 Site Contamination The site is not known nor suspected to be contaminated. The site does not appear to have been used for a notifiable activity under the Environmental Protection Act 1994. 5.6 Services Electricity and telecommunications are available to the site.

5.0 CONCLUSION

The proposed development generally does not comply with the provisions of Council’s Planning Scheme and therefore sufficient planning grounds exist in order to refuse approval of this particular proposal.

P27/04/09 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske Recommend that Council, as Assessment Manager, REFUSE Development Application 2009-0145 for Reconfiguring A Lot – Subdivision to Create One (1) Additional Lot over Lot 15 SP202464 located at 24 City View Drive, The Dawn for the following reasons:

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1. The development is in conflict with the planning scheme; 2. Proposed lot 1 is inconsistent with the existing development pattern

in the area; 3. Proposed lot 1 results in an unacceptable frontage to depth ratio; 4. The proposal will compromise amenity in the area given the location

of existing adjoining residences. 5. A future dwelling on proposed lot 1 will be unacceptably impacted

upon by the existing adjoining dwelling and the access driveway to proposed lot 2.

6. Opportunity exists to more appropriately develop the site with the

adjoining property. 7. Proposed Lot 1 does not provide a minimum road frontage of 50

metres. Carried.

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SECTION 4: PLANNING APPLICATIONS PENDING 4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AL Acknowledgement Letter AN Acknowledgment Notice RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice PN Public Notification PNS Public Notification Stage SP Survey Plan

NOTE: New Applications are in BOLD AND ITALICS

File Number & Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA09724 Rainbow Shores Pty Ltd (TMS)

Inskip Ave, Inskip Preliminary Approval for Resort / Commercial Village

890 Submissions. DMR response received 07/03/07. DNRW third party advice received 21/06/07. EPA extend assessment period to 20/03/09.

DA10291 Graham McCombe (TMS)

253 Gap Road, Cedar Pocket

Extractive Industry (Quarry) & ERA #20 Extracting Rock < 5000t

DMS. Report to P & D Committee Meeting. Four (4) Submissions received.

DA10931 Fraser Straits Marina Pty Ltd (TMS)

Esplanade, Tin Can Bay

Marine Industry (Marina)

RFI sent 20/06/08. Awaiting applicant’s response. Referral Agencies – Contaminated Land Unit EPA, DMR, Maritime Safety Qld, EPA, DNRW, DPI Fisheries. DNRW advise response due 10/07/08.

DA11051 Argent Holdings Pty Ltd (TMS)

Litschner Road, Widgee Crossing South

Subdivision to Create 28 Additional Lots

DN sent 22/05/08. Two (2) Submissions. Representations received 09/07/08. Report to P&D Committee Meeting.

DA13803 Agnew (MKM)

132 Verne Road, Wolvi

Aquaculture (Redclaw & Fish)

Amended AN sent 05/09/08. Concurrence Agency DPI.

DA13902 Integra (Qld) Pty Ltd (TMS)*

Lawson & Groundwater Roads, Pie Creek

Change Land Use Entitlements to Rural Residential & Subdivision to Create 53 Additional Lots

DNR advise RFI issued 15/08/08.

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File Number & Applicant Location Nature of Application Status

DA15782 Mackenzie (MKM)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

PNS closed 07/11/08.

DA15813 Heilbronn R D (TMS)

Chatsworth Rd, Two Mile

To change the Land Use Entitlements from the Rural Zone to the Housing Zone

RFI period extended to 15/05/10. Awaiting applicant’s response. Concurrence Agency: DMR response received 31/05/07.

DA15904 Towler J (MKM)

54 Flood Rd, East Deep Creek

General Industry (Wrecking & Scrap Yard)

Reported to P&D Committee Meeting 01/04/09.

DA17006 Edwards (MKM)

1021 Bruce Hwy Kybong

Transport Depot & Caretakers Residence

RFI extended to 22/04/09. Awaiting applicant’s response. Concurrence Agency DMR. Applicants advise representations made to DMR’s conditions.

DA210 Kennedy (KMT)

223 Cloynes Road, Booubyjan

Intensive Animal Husbandry & ERA 2c (999 SCU)

DMR RFI issued 18/12/07. Awaiting applicant’s response.

DA17751 Play Station (Qld) Pty Ltd (TMS)*

Exhibition Road, Southside

Education or Health Premises (School Age Care Facility)

Representations received 24/10/08. NDN to be issued. One (1) Submitter.

DA17897 Morris (KMT)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA18322 Ecorion Prop P/L (TMS )

1038 Bruce Highway, Kybong

Preliminary Approval to Override Planing Scheme for Master Planned Business Park

RFI sent 16/01/09. Awaiting applicant’s response. Concurrence Agency DMR response received 30/09/08. Advice Agency DIP response received 16/10/08.

DA253 Allen & Dray (KMT)

Dray Rd Widgee Extractive Industry (Rock Quarry) & ERA # 20

DMS. Report to P&D Committee Meeting.

DA247 Cotter (TMS)

555 Kinbombi Rd Goomeri

Feedlot PNS closes 22/04/09. Concurrence Agency (DPI). Applicant’s response to DPI received 30/03/09.

MCU195/07 Curra Country Sandstone Supplies (KMT)

Gardners Lane, Tiaro

Extractive Industry & MCU – Environmentally Relevant Activity ERA #20

DN sent 31/03/09. One (1) Submitter.

DA18435 Walker (KMT)

39 Manooka Dr & 13 Carlo Rd, Rainbow Beach

COMBINED Multi-Residential (4 Dwelling Units) & Boundary Alteration

Part response to RFI received 10/02/09. Awaiting further response.

2008-0667 McMackin & Sarrinen (KMF)

22 Somerset Street, Gympie

Multi Residential – (3 Units)

RFI sent 23/10/08. Awaiting applicants response.

2008-0545 Thai Aust Nursery Enterprises P/L (KMT)

6A Mulcahy Terrace, Gympie

Multi-Residential (10 Dwelling Units)

PNS. ALOD to be sent 17/03/09.

Planning & Development Committee Meeting – 15 April 2009 - 78 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0721 Salmucci (MKM)

43 Ashford Road, Gympie

Multi-Residential (6 Units)

DN sent 31/03/09. Two (2) Submissions.

2008-0745 Walker (KMT)

63 Barsby Road, Imbil

Food and Entertainment Venue (Golf Course & Ancillary Clubhouse) & Accommodation Premises (Guest Cabins)

PNS. ALOD sent 27/03/09.

2008-1071 Christensen (MKM)

12 Glastonbury Road, Southside

Multi Residential (4 Units)

RFI sent 12/12/08. Awaiting applicant’s response. Concurrence Agency DMR response received 27/10/08.

2008-1102 JY Farm Family Trust (MKM)

1119 Tagigan Road, Wolvi

Aquaculture RFI sent 06/01/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 27/02/09. Amended AN sent 23/01/09.

2008-0911 Custodian Projects Services Pty Ltd (KMT)

74 Exhibition Road, Southside

Multi-Residential (10 Units including Existing Dwelling House)

RFI sent 31/10/08. Awaiting applicant’s response.

2008-0837 Townhouse QLD Pty Ltd (KMT)

62 Old Maryborough Road, & Shayduk Close, Gympie

Multi-Residential (8 Dwelling Units)

DMS. Report to P & D Committee Meeting.

2008-1225 Mills (KMT)*

266 Blackgate Road, Amamoor

Food or Entertainment Venue (Tavern) & Accommodation Premises (10 Unit Motel & Manager’s Residence)

RFI sent 27/11/08. Awaiting applicant’s response.

2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre

RFI sent 08/01/09. Awaiting applicant’s response.

2008-1088 Silkyoak Enterprises Pty Ltd (TMS)

39 Woondum Rd, Kybong

Preliminary approval for Establishment of General Industry, Rural Industry, Extractive Industry & Warehouse Uses

RFI sent 19/12/08. Awaiting applicant’s response. Concurrence Agency DNRW. Advice Agency DIP response received 28/10/08. Advice Agency Powerlink response received 19/12/08.

2008-1280 Gilgal Enterprises Pty Ltd (MKM)*

11-14 Shayduk Close, Gympie

Multi-Residential (13 Units)

DMS. Report to P&D Committee Meeting. Five (5) Submissions.

2008-1382 Wilson (MKM)

37 Apollonian Vale, Gympie

Multi-Residential Four (4) Units

RFI sent 15/01/09. Awaiting applicant’s response. Heritage Advisory Committee response received 15/10/08

2008-1562 Millcross Unit Trust (KMF)

18 Somerset Street, Gympie

Multi-Residential (4 Units)

DMS. DN due.

Planning & Development Committee Meeting – 15 April 2009 - 79 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1583 Prior (MKM)

10 Flynn Road, Gympie

Multi-Residential (Three Dwelling Units)

AN sent 30/10/08. RFI due.

2008-1696 JMBS (SAC)

Kinbombi Road, Kinbombi

Dwelling House (on a Lot not less than 2,000m2.

PNS. ALOD sent 10/03/09.

2008-1730 Daniels (MKM)*

9 Wilsons Pocket Road, Goomboorian

Education or Health Care (Extension to existing Child Care Facility)

PNS ALOD to be sent. Concurrence Agency DMR.

2008-1830 Catalyst Securities Pty Ltd & Hoskins & Associated Pty Ltd (TMS)*

David Drive, Curra Caravan Park (60 Sites) & ERA #15 (b) – Sewerage Treatment (Standard Works for 100 or more but less than 150 equivalent persons)

RFI sent 27/02/09. Awaiting applicant’s response. PNS. ALOD sent 27/02/09. Concurrence Agencies EPA RFI issued 06/03/09, DNRW response received 09/02/09, DMR response received 12/02/09.

2008-1899 Harris (MKM)

34 Louisa Street, Gympie

Multi-Residential (5 Units)

AN sent 22/12/08. RFI due.

2008-1939 Queensland Water Infrastructure Pty Ltd (TMS)

30 Kandanga Imbil Road, Kandanga

Food or Entertainment Venue (Bowls Club), Reconfiguring a Lot - Subdivision to Create Three (3) Additional Lots & Access Easement & Operational Work – Earthworks & Roadworks

AN sent 08/01/09. RFI due. Concurrence Agencies DMR response received 28/01/09, DNRW response received 23/02/09 & Qld T’port response received 06/02/09. Advice Agency EPA response received 22/01/09.

2009-0009 Silich (MKM)

37 & 39 Musgrave Street, Gympie

Multi-Residential (15 Townhouses)

AN sent 20/01/09. RFI due.

2009-0005 Wright (KMF)

Miva Road, Gunulda

Dwelling House AN sent 23/01/09. RFI due. Concurrence Agency EPA advise further information required.

2009-0077 Blakeney (MKM)

96 Stewart Road, Coondoo

Extractive Industry (Quarry)

AN sent 11/02/09. RFI due. Concurrence Agency DNRW response received 06/03/09. Advice Agency EPA.

2009-0156 Jones (TMS)*

123 East Deep Creek, Monkland

General Industry (Transport Depot)

AN sent 23/02/09. RFI due.

2009-0135 Hose (KMT)

Curra Estate Road, Curra

Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year)

AN sent 25/02/09. RFI due. Concurrence Agencies EPA, DMR RFI issued 17/03/09 & DNRW advise application not properly made 20/03/09.

Planning & Development Committee Meeting – 15 April 2009 - 80 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0400 Park Drive Developments Pty Ltd (SAC)

5 Lucknow Street, Gympie

Multi-Residential (5 Units)

AN sent 03/04/09. RFI due.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA14737 Driver WB (MKM)

261 Brisbane Rd, Monkland

Home Business (Glazing & Fabrication of Aluminium Screens)

Letter sent 21/11/08 requesting intentions.

DA16074 Go West Gympie Pty Ltd (TMS)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

RFI extended to 17/05/09. Awaiting applicant’s response.

DA16344 Raw Ochre Design (KMT)

68 Duke Street, Gympie

Showroom (3 Tenancies)

DMS. Report to P&D Committee Meeting.

DA16643 Gympie Soft Wood Timbers Pty Ltd (TMS)

277 Tamaree Road, Tamaree

General Industry (Sawmill – Milling & Processing of Pine Logs) & Environmentally Relevant Activity (ERA #67 – Sawmilling)

RFI extend to 03/03/09. Awaiting applicant’s response. Concurrence Agency EPA (ERA’s). EPA extend RFI to 08/04/08. DMR response received 28/08/07.

DA17123 Wilson DC & JM (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

DMS. Report to P&D Committee Meeting.

DA17246 Oaklands Management Pty Ltd (TMS)

68 Myall Street, Gympie

Multi-Residential (18 Units)

Applicant advised 11/03/09 that revised plans are to be resubmitted.

DA17938 Power (TMS)

19 Hyne Street, Gympie

Shop DMS. DN due.

DA17908 Carter Holt Harvey (MKM)

Langton Rd, Monkland

General Industry (Relocating Burners in existing Wood Processing Plant)

Amended AN sent 13/10/08. Concurrence Agency EPA advise incomplete application 19/09/08. Qld Transport response received 23/10/08.

DA17944 Ellis (TMS)

258 East Deep Creek Rd, East Deep Creek

General Industry (Transport Depot & Vehicle Storage Yard)

RFI sent 27/03/08. Awaiting applicant’s response.

DA18050 Haring (TMS)

13 Spectrum St, Rainbow Beach

Commercial Premises (4WD Hire)

DMS. Report to P&D Committee Meeting.

DA18104 Greenco Pty Ltd (MKM)

72 Chatsworth Rd, Gympie

General Industry RFI response received 27/08/08. Concurrence Agency DMR advice received 19/03/09.

DA18289 Gerhardt (TMS)*

Jubilee St, Monkland Gympie

Multi-Residential (3 Units)

DMS. Report to P&D Committee Meeting.

Planning & Development Committee Meeting – 15 April 2009 - 81 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

MCU175/07 Kelly (KMT)

31 Scrub Road, Gunalda

Concrete Batch Plant RFI sent 12/09/08. Awaiting applicant’s response.

MCU177/07 Lees B (TMS)*

Balkin St Gunalda Establishment of Motel (10 cabins) and Caretaker’s Residence

DMS. DN due.

MCU260 KMM Quarries (KMT)

5167 Burnett Highway Goomeri

Extractive Industry & Environmentally Relevant Activities

Public Notification completed. Applicant negotiating with DMR response received 09/03/09.

DA243 Sterns (MKM)

472 Bular Road, Kilkivan

Certified Organic Poultry Farm – (Increase Capacity from 6,000 to 60,000 max)

Extra information requested 06/10/08. Awaiting applicant’s response.

DA256 PJ Burns Builder (MKM)

Rose Street, Kilkivan

Multiple Dwelling Units

AN sent 10/6/08. RFI due. DMR RFI sent 20/08/08.

2008-0378 Tim Developments (MKM)

168 Old Maryborough Rd, Gympie

To change the land use entitlements from Rural to Housing & Reconfig –Subdivision to Create Thirty Six (36) Additional Lots

DMS. Report to P&D Committee.

2008-0399 Victory College (TMS)*

173-175 Old Maryborough Rd, Araluen

Education or Health Premises (Alterations to Existing Education Premises – Childcare Centre)

Reported to P&D Committee Meeting 01/04/09.

2008-0468 Loot Homewares Gympie (KMT)

42 Duke Street, Gympie

Commercial Premises RFI sent 15/09/08. Awaiting applicant’s response.

2008-0496 Vixen Dev Pty Ltd (SFC)

78 Old Maryborough Road, Gympie

Multi-Residential (Duplex)

DMS. DN due.

2008-0516 Plowman (TMS)

11 & 13 Phoenix Lane, Gympie

Multi Residential (14 Units)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency EPA.

2008-0630 Baker (TMS)

Eel Creek Road, Pie Creek

General Industry & Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots

RFI sent 31/10/08. Awaiting applicant’s response. Concurrence Agency EPA (CLU) response received 22/07/08.

2008-0657 Rozynski (SAC)

Rozynski Road, Imbil

Dwelling House (Farm Worker’s Cottage)

AL sent 26/06/08. RFI due.

2008-0642 Wilson (KMF)

16 Kanimbla Avenue, Cooloola Cove

Multi Residential (Relative’s Accommodation)

RFI sent 11/09/08. Awaiting applicant’s response.

Planning & Development Committee Meeting – 15 April 2009 - 82 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0634 Reyloh Pty Ltd (KMT)

22 Chatsworth Road, Gympie

Accommodation Premises (60 Unit Motel & Caretakers Residence) & Food & Entertainment Venue (Function Room & Restaurant)

RFI sent 02/10/08. Concurrence Agency DMR response received 21/08/08.

2008-0526 Jones (SAC)

7 Edith Road, Mothar Mountain

Commercial Premises (Art Gallery, Sales & Art Workshops & Low Impact Industry (Picture Framing)

RFI sent 22/12/08. Awaiting applicant’s response.

2008-0761 Wiltshire Stevens Architects (KMT)*

Goondi Street, Rainbow Beach

Warehouse (8 individual storage units) and Caretaker’s Residence

DMS. DN due.

2008-0836 Mills (MKM)

Laurenceson Road, Glanmire

Warehouse DMS. DN due.

2008-0838 Hamerwill Pty Ltd (KMT)*

22 Caledonian Hill, Gympie

Commercial Premises RFI sent 12/11/08. Awaiting applicant’s response. Heritage Advisory Committee response received 14/08/08.

2008-1008 Aspire Developments Pty Ltd (KMT)*

24 Caledonian Hill & 9 Alma Street, Gympie

Accommodation Premises (Boarding House – 20 Units)

AL sent 06/08/08. RFI due. Heritage Advisory Committee response received 14/08/08. Application held in abeyance pending further advice.

2008-1006 B J Hogan Pty Ltd (MKM)

200 Queen Elizabeth Drive, Cooloola Cove

Low Impact Industry DMS. DN due.

2008-1145 Taxis (TMS)

18 Langara Drive, Southside

Multi-Residential (Duplex)

Part RFI response received 04/03/09.

2008-1056 Power Road P/L (TMS)

21 Exhibition Road, Southside

Commercial Premises (Medical Centre) & Shop (Pharmacy)

Reported to P&D Committee Meeting 01/04/09.

2008-1067 Devey P/L (KMT)*

42 Edwin Campion Drive, Monkland

Food & Entertainment Venue (Children’s Play Centre) and Showroom

DMS. Report to P&D Committee Meeting.

2008-1183 Custodian Project Services Pty Ltd (TMS)*

Banks Pocket Road, Fauna Road, Heights Drive & Old Maryborough Road, Gympie

Combined MCU & Reconfig - Retirement Village, Community Centre, Shop (Convenience Store) & Commercial Premises (Medical Centre) & Boundary Alteration & Subdivision to Create Four (4) Additional Lots (Nine (9) New Lots from Five (5) Existing Lots)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency DMR, DNRW & QT. DNRW issued RFI 05/09/08. QT issued RFI 08/09/08.

Planning & Development Committee Meeting – 15 April 2009 - 83 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0896 Raw Ochre Design (KMT)

88 River Road, Gympie

Shop & Commercial Premises (Offices)

DMS. DN due.

2008-1226 Mills (KMT)*

Amamoor Street, Amamoor

Accommodation Premises (15 Cabins & 50 Room Backpacker Accommodation Building)

RFI sent 27/11/08. Awaiting applicant’s response.

2008-1316 Southside Family Village (KMT)*

5 Rose Road, Southside

Combined MCU & Reconfig - Multi-Residential (Community Village comprising 15 Units and Managers Residence) & 3 Standard Format Lots & 6 Building Format Lots in a Community Titles Scheme)

RFI sent 18/12/08. Awaiting applicant’s response.

2008-0699 Niduts Investment Trust (TMS)

54 Crescent Road, Gympie

Display Yard AN sent 29/09/08. RFI due. Concurrence Agency DMR response received 14/10/08. On hold applicant negotiating with DMR.

2008-1299 IJ & LJ Silbery Superannuation (TMS)*

16 Wickham Street, Gympie

Accommodation Premises (26 Motel Units and Manager’s Residence)

DMS. Report to P & D Committee Meeting.

2008-1009 Anderleigh Sandstone & Slate (KMT)

270 Sorensen road, Gunulda

Environmentally Relevant Activity (ERA #20 (a) – Extracting Rock or Other Material not more than 5000t a Year)

AL sent 01/10/08. RFI due.

2008-1179 Brisbane Congregation Jehovah’s Witnesses (KMT)

5 Atlantis Avenue, Cooloola Cove

Community Services (Church)

DMS. Report to P & D Committee Meeting.

2008-1346 Rizzato (KMT)*

37 Nash Street, Gympie

Commercial Premises (Professional Offices)

RFI sent 18/02/09. Awaiting applicant’s response. Advice Agency EPA response received 10/12/08.

2008-1327 Crayford (MKM)

17 Violet Street, Gympie

Accommodation Premises (3 Motel Units)

DMS. Report to P & D Committee Meeting.

2008-1345 Stirling (KMT)*

67 Channon Street, Gympie

Commercial Premises (Health Care Clinic)

RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency DMR response received 17/10/08. Heritage Advisory Committee response received 15/10/08

Planning & Development Committee Meeting – 15 April 2009 - 84 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1445 MJB Gympie Pty Ltd (SAC)

47 Geordie Road, Monkland

Accommodation Premises (Additional Cabins incorporating 27 Additional Rooms)

AN sent 08/10/08. RFI due. Concurrence Agency DMR response received 23/10/08.

2008-1428 Thureson (MKM)

674 Kandanga Creek Road, Kandanga

Multi-Residential (Second Dwelling for Relative)

DMS. DN due.

2008-1574 Gerhardt (KMT)*

15 Stanley Street, Gympie

Commercial Premises RFI sent 24/02/09. Awaiting applicant’s response.

2008-1604 Edwards (MKM)

10 Wadell Road, Two Mile

General Industry & Low Impact Industry

RFI sent 04/03/09. Awaiting applicant’s response.

2008-1686 Amaroo Properties t/a The Phoenix Trust (TMS)

22 Oak Street, 9 & 11 Adams Street, Gympie

Accommodation Premises (Car Parking for Motel and Associated Restaurant and Functions Rooms)

AL sent 06/11/08. RFI due. Concurrence Agencies EPA & DMR.

2008-1835 Buckley (TMS)

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

AN sent 11/12/08. RFI due. Concurrence Agency DNRW.

2008-1886 Cooloola Christian College Ltd (MH)

Davison Road, Southside

Education or Health Premises (Additional to College Campus – Multi Purpose Facility)

Reported to P&D Committee Meeting.

2008-1888 Cooloola Christian College Ltd (MH)

Davison Road, Southside

Education or Health Premises (Alterations & Additions to School/College Campus)

Reported to P&D Committee Meeting.

2008-1912 Lonken Pty ltd T/A Rainbow Beach Holiday Village & BP Service Station (TMS)

13 Rainbow Beach, Rainbow Beach

ERA #11(a) Petroleum product storage 10,000L to 500,000L

AL sent 16/12/08. RFI due.

2008-1759 Widgee Welding Works (KMT)

25 Tooth Drive, Widgee

ERA #24 AL sent 17/12/08. RFI due.

2008-1866 Silich (KMT)

13 Alfred Street, Gympie

Food or Entertainment Venue (Restaurant)

AL sent 23/12/08. RFI due.

2008-1811 Massimo Designs T/A Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

ERA #22 (a) Screening ect, materials more than 50t but less than 5,000t a year

AL sent 23/12/08. RFI due.

Planning & Development Committee Meeting – 15 April 2009 - 85 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1962 Rainbow Beach Sports Recreation & Memorial Club Ins (MKM)

Cnr Double Island Drive & Rainbow Beach Road & Green Valley Drive, Rainbow Beach

Food or Entertainment Venue – Outdoor Aquatic Facility

AN sent 24/12/08. RFI due. Concurrence Agency DMR.

2009-0003 Protheroe (MKM)

19 Dennis Little Drive, Glanmire

General Industry (Transport Depot)

DMS. DN due.

2009-0085 Beverley Jorgensen Building Design (SAC)

6 Bligh Street, Kilkivan

Shop (Additional Three (3) Single Storey Shops)

AN sent 19/02/09. RFI due. Concurrence Agency DMR response received 25/03/09.

2009-0087 Gay Schmidt Trust (KMT)

Wallader Road, Imbil

General Industry (Plastic Reprocessing Facility)

AN sent 19/02/09. RFI due. Concurrence Agency DMR advise response due 06/04/09. Advice Agency EPA response received 01/04/09, Energex response received 09/03/09.

2009-0187 Wilson (SFC)

26 Red Gully Road, Amamoor

Accommodation Premises (Farmstay Cabins)

Amended AL sent 26/02/09. RFI due.

2009-0201 Smith (SFC)

79 Greenoak Road, Kandanga

Multi Residential (Second Dwelling)

AL sent 03/03/09. RFI due.

2009-0218 Richards (MKM)

14 Watt Street, Gympie

Multi-Residential (Two Dwellings)

AL sent 04/03/09. RFI due.

2009-0162 Gympie Regional Council (TMS)

Gatehouse Road, Kilkivan

Local Utility (Water Treatment Plant)

AN sent 09/03/09. RFI due. Concurrence Agency Qld T’Port.

2009-0240 Grieger (SFC)

79 Sykes Road, Bells Bridge

Dwelling House (Second |Dwelling)

RFI sent 03/04/09. Awaiting applicant’s response. Concurrence Agency DNRW. Advice Agency EPA.

2009-0214 DB Sheds Durabuilt (SAC)

10-22 Curra Road, Curra

Community Activities (Curra Rural Fire Brigade Storage Shed) & Building Work (Class 10a Shed)

AL sent 18/03/09. RFI due.

2009-0256 Silich (SFC)

47 Hilton Road, Gympie

Multi-Residential (Second Dwelling)

DMS. DN due.

2009-0289 Jones

651 Wilsons Pocket Road, Wilsons Pocket

Multi-Residential (Second Dwelling)

DMS. DN due.

2009-0267 Kickbusch (KMT)

246 McIntosh Creek Road, Jones Hill

Display Yard (Nursery & Landscape Supply Centre)

AL sent 01/04/09. RFI due.

2009-0341 Kennedy & May (SFC)

54 Horseshoe Bend, Gympie

Home Business (Counselling & Alternative Therapies)

AN sent 01/04/09. RFI due. Concurrence Agency DMR.

Planning & Development Committee Meeting – 15 April 2009 - 86 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0421 Thorpe (SFC)

231 Fisher Road, Araluen

Multi-Residential (Second Dwelling)

AL sent 03/04/09. RFI due.

RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 lots) and Stage 7 (18 and Balance)

Amended plans received 05/03/07. Further letter sent 24/05/07.

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA14596 Chasob Pty Ltd (TMS)

Connection Road, Gympie

Subdivision to Create 28 Additional Lots

DIP extend assessment information request response period to 12/01/09. Concurrence Agencies DMR, NRW & QT.

DA15669 Andreassen (TMS)

153 Ballard Road & Michelle Court, Imbil

Subdivision to Create 16 Additional Lots

DMS. Report to P&D Committee Meeting.

DA15862 Nissen (TMS)

1 Currumbine Avenue, Gympie

Subdivision to Create one (1) Additional Lot & Common Area(Community titles Scheme)

DMS. Report to P&D Committee Meeting.

DA16162 Patrick (MKM)

358 Eel Creek Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D committee Meeting.

DA16327 Sutherland & Rush (MKM)

134 & 136 Greentrees Road, Pie Creek

Subdivision to Create Seven (7) Additional Lots

RFI received 30/06/08. DNR advise extension till 19/06/09.

DA16722 Brady (TMS)

Mackenzie Road, Tamaree

Boundary Alteration DMS. DN due. Applicant requested on 21/11/07 and 11/02/08 for application to be held in abeyance.

DA17008 McHugh (MKM)

78 Tamaree Road, Tamaree

Subdivision to Create Two (2) Additional Lot

DMS. DN due.

DA17219 Rowan B & S (TMS)

406-407 Wilton Road, Greens Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA17222 Jorgensen P (TMS)

44 Minya Road, The Palms

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA17330 Cochrane (KMT)*

48 Old Veteran Road, Veteran

Subdivision to Create Eight (8) Additional Lot

DMS. DN due.

DA17419 Bairnsdeen Pty Ltd (TMS)

36 Diggings Road, Imbil

Subdivision to Create 17 Additional Lots

RFI period extended to 04/06/09. Awaiting applicant’s response.

DA17588 Echochamp Pty Ltd (TMS)

44-45 Esplanade, Tin Can Bay

Subdivision to Create Three (3) additional Lots

RFI period extended to 16/03/08. Awaiting applicant’s response. Letter sent 15/12/08 advising application will be held pending additional submission until 15/03/09.

DA17687 Dray (MKM)

223 Gibson Road, Mooloo

Boundary Alteration & Access Easement

DMS. DN due.

Planning & Development Committee Meeting – 15 April 2009 - 87 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA17847 Ryan (TMS)

410 Old Maryborough Rd, Araluen

Subdivision to Create Four (4) Additional Lots

Reported to General Meeting 10/12/08. Letter sent 16/12/08. Awaiting applicant’s response.

DA17890 Drollinger (TMS)

126 Tamaree Road, Tamaree

Subdivision to Create Five (5) Additional Lots

RFI sent 27/03/08. Awaiting applicant’s response. Concurrence Agency DNRW response received 15/08/08.

DA17905 Broomhall (TMS)

378 Eel Creek Road, Pie Creek

Subdivision to Create Two (2) Additional Lot

DMS. DN due.

DA17922 Beck (KMT)

162 Witham Road, The Dawn

Boundary Alteration DMS. DN due.

DA17953 Taylor (TMS)

256 Amamoor Dagun Road, Amamoor

Subdivision to Create Two (2) Additional Lots

DMS. Report to P&D Committee Meeting.

DA18112 Hanson (SAC)

1650 Kandanga Creek Rd, Upper Kandanga

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18183 Bennett (KMF)

613 Old Maryborough Rd, Chatsworth

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

DA18236 Walker (KMF)

8 Old Veteran Rd, Veteran

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

DA18378 Rentsch (SFC)

271 Sandy Creek Rd, North Deep Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18347 Harris (KMT)

76 Sunrise Circle, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18449 Forde FM (TMS)

40 Elizabeth Street, Imbil

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

R177/07 Kelly (SAC)

31 Scrub Road, Gunalda

Reconfiguring of Lot (1 into 2)

DMS. DN due.

R187/07 Moody (KMT)

6 Hermans Road, Gunulda

Reconfiguring of Lot (1 into 4)

Reported to P&D Committee Meeting. Withdrawn from the agenda General Meeting 12/11/08 at applicant's request. On hold pending advice from applicant.

R198/07 Thompson (TMS)

Kirsten Drive, Curra

Reconfiguring Lot of (1 into 2)

RFI sent 15/01/08. Awaiting applicant’s response. DNRW RFI sent 13/02/08.

R205/08 KG & JKL Knight Super Fund ATF (KMF)

Rodney Rd Curra Reconfiguration of Lot (1 into 2)

NRW response received – refusal. Applicant making representations to NRW. DMS on hold.

SD483 Conway (KMT)

Cnr Fraser & Angel Sts, Kilkivan

Reconfiguration of Lot (13 Lots)

DMS. Report to P&D Committee Meeting.

SD495 Allen (KMT)

2110 Gympie-Woolooga Rd Widgee

Reconfiguration of Lot (1 into 8 – Stage 2)

DMS. DN due.

Planning & Development Committee Meeting – 15 April 2009 - 88 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

SD510 Ken McDonald Surveys (Emirc Ni Srentrap P/L) (MKM)

Gympie-Woolooga Rd Widgee

Reconfiguration of Lot (1 into 8)

DMS. DN due.

SD514 Janke (KMF)

2378 Gympie-Woolooga Rd Widgee

Boundary Realignment

AN & RFI sent 12/03/08. Awaiting applicant’s response.

SD518 Hawkins (KMT)

193 Power Rd Widgee

Boundary Realignment

Landowners consent received 20/11/08. RFI due.

SD520 Hobbs (KMT)

25 Janke Rd Widgee

Boundary Realignment

AN & RFI sent 19/02/08. Awaiting applicant’s response.

SD523 Gibbs (SAC)

2767 Gympie-Woolooga Road, Widgee

Boundary Alteration RFI response due 22/07/09. Concurrence Agency DMR.

SD524 Steele (MKM)

22 Hawkins Rd Widgee

Reconfiguration of Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

SD525 Bulger (MKM)

53 Boundary Dve Widgee

Reconfiguration of Lot (1 into 2)

Awaiting response to co-owners consent letter sent 31/03/08.

SD531 Grinter & Nott (SAC)

6 Janke Rd Widgee Reconfiguration of Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

2008-0031 Gabriel & Richardson (SFC)

242 Cliff Jones Road, Curra

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0041 Butler (KMT)

23 Minya Rd, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 17/09/08. Awaiting applicant’s response. Concurrence Agency DNRW, DNRW RFI issued 21/05/08.

2008-0076 Carmichael (KMT)

225 Allen Rd, Chatsworth

Subdivision to Create One (1) Additional Lot

RFI sent 19/08/08. Awaiting applicant’s response.

2008-0180 Keding Group Pty Ltd (KMF)

449 Eel Creek Rd, Pie Creek

Subdivision to Create Three (3) Additional Lots

Reported to P&D Committee Meeting 01/04/09.

2008-0187 Place (SFC)

2 Schoolhouse Rd Amamoor

Subdivision to Create Two (2) Additional Lots & Access Easement

DMS. DN due.

2008-0234 Urwin (KMT)

4 Roma St Monkland

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0147 Keeldale Pty Ltd (TMS)*

221 Zerner Rd & Eel Creek Rd, Pie Creek

Subdivision to Create Thirteen (13) Additional Lots

Further request for additional information sent 22/10/08. Awaiting applicant’s response.

2008-0249 Cochrane J & M (MKM)

37-39 Rifle Range Rd, Gympie

Subdivision to Create Five (5) Additional Lots

DMS. DN due.

Planning & Development Committee Meeting – 15 April 2009 - 89 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0368 Burden (MKM)

85 Trout Rd, The Dawn

Subdivision to Create Two (2) Additional Lots & Access Easement

DMS. DN due.

2008-0414 Flemming (SFC)

45 Daniel Drive, Pie Creek

Subdivision to Create Two (2) Additional Lots

Reported to P & D Committee Meeting.

2008-0419 Rajj Holdings Pty Ltd (SFC)

74 North Deep Creek Rd, North Deep Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0462 Swinford (SFC)

104 & 106 Witham Rd, The Dawn

Subdivision to Create One (1) Additional Lot & Access Easement

DMS. DN due.

2008-0463 Kent (SFC)

104 Witham Rd, The Dawn

Subdivision to Create Two (2) Additional Lots & Access Easement

DMS. DN due.

2008-0554 Cooper & Sutherland (MKM)

43 Pine Valley Drive, Pie Creek

Subdivision to Create One (1) Additional Lot

RFI sent 26/08/08. Awaiting applicant’s response.

2008-0650 Hutchinson (PKM)

93 Grecian Bends Road, Greens Creek

Subdivision to Create One (1) Additional Lot

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 01/08/08. Applicant negotiating with DMR conditions. 01/10/08.

2008-0670 Moylan Falls Pty Ltd (MKM)

Wallander Road, Imbil

Boundary Alteration RFI sent 26/08/08. Awaiting applicant’s response.

2008-0686 Browning (PKM)

11 Trout Rd, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0629 Pagerose Pty Ltd (KMT)

12 Koumala Road, Southside

Subdivision to Create 21 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-0742 Bird (MKM)

15 Hillview Road, Cedar Pocket

Subdivision to Create Three (3) Additional Lots

DMS. DN due.

2008-0796 McDonald (MKM)

40 Gerber Road, Widgee

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0771 Duff (KMT)*

56 Purcell Road, Bells Bridge

Subdivision to Create 30 Additional Lots

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 28/08/08.

2008-0826 Murray & Thrupp (MKM)

24 Birdwood Drive, Gunalda

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0789 Wewer & Starkey (KMT)

116 & 146 Fritz Road, Chatsworth

Subdivision to Create 15 Additional Lots

Response to RFI received 29/01/09. Concurrence Agency EPA rfi issued 18/09/08.

Planning & Development Committee Meeting – 15 April 2009 - 90 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

SD532 Hendry (MKM)

75 Barrett Road, Widgee

Subdivision to Create Ten (10) Additional Lots

Part RFI response received 02/02/09.

2008-0822 Platinum 8 Developers (KMF)

18 Birdwood Drive, Gunulda

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0823 Stringer (KMF)

10 Jubilee Street, Monkland

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-1018 Coo (MKM)

160 Rodney Road, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1080 Humphris (MKM)

22 Country View Drive, Chatsworth

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2008-1142 Martoo consulting (MKM)

Hester Street & Bligh Street, Kilkivan

Subdivision to Create One (1) Additional Lot

RFI sent 25/11/08. Awaiting applicant’s response.

2008-0835 Pearman (SAC)

Glastonbury Road, The Palms

Subdivision to Create 24 Additional Lots

AN sent 20/08/08. RFI due. Concurrence Agency DMR response received 01/09/08. DNRW issued RFI 02/09/08.

2008-1086 Ellis (SFC)

McIntosh Creek Road, McIntosh Creek

Boundary Alteration AN sent 20/08/08. RFI due. Concurrence Agency EPA RFI sent 09/12/08.

2008-0866 Pradella Developments Pty Ltd (TMS)

146 Bayside Road, Cooloola Cove

Subdivision to Create 84 Additional Lots

RFI response received 24/02/09. Concurrence Agency DNRW advise RFI sent 30/09/08. EPA response received 29/10/08.

2008-1573 Kastrissios (SAC)

Meads Road, Tandur

Boundary Alteration AN sent 21/10/08. RFI due. Advice Agency EPA response received 05/11/08.

2008-1073 JKM Projects Pty Ltd (KMT)*

43 Hamilton Road, Gympie

Subdivision to Create 28 Additional Lots

DMS. Report to P&D Committee Meeting Refer to Item 3/3 in Today’s Agenda.

2008-1074 JKM Projects Pty Ltd (KMT)*

196 Old Maryborough Road & 43 Hamilton Road, Gympie

Boundary Alteration DMS on hold pending further advice and submission of amended plans. Refer to Item 3/2 in Today’s Agenda.

2008-1154 I & L Lobegeier Super Fund (TMS)*

Groundwater Road, Southside

Subdivision to Create 51 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1304 Odell J (MKM)

114 North Deep Creek Road, North Deep Creek

Subdivision to Create One (1) Additional Lot.

RFI sent 13/01/09. Awaiting applicant’s response. Concurrence Agency NRW response received 03/02/09.

2008-1308 Sempowicz (KMT)

86 Stumm Road, Southside

Subdivision to Create Three (3) Additional Lots

AL sent 20/10/08. Amended proposal plan received 18/03/09. RFI due

Planning & Development Committee Meeting – 15 April 2009 - 91 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1312 Kahman W (MKM)

22 Roselea Ave Southside

Subdivision to Create Two(2) Additional Lots and Access Easement

Reported to P&D Committee Meeting 01/04/09.

2008-1232 Allen-Co Holdings Pty Ltd (TMS)

Buckley Drive & Imbil Road, Glanmaire & Brisbane Road, Monkland

Boundary Alteration DMS. Report to P&D Committee Meeting.

2008-1348 Buchan (SFC)

James Dean Road & 391 Widgee Crossing Road, Widgee Crossing South

Boundary Realignment

DMS. Report to P&D Committee Meeting. Refer to Item 3/1 in Today’s Agenda.

2008-1431 MacKenzie Land Developments P/L (KMT)

Forest Ridge Drive, Tamaree

Subdivision to Create 24 Additional Lots

DMS. Report to P&D Committee Meeting. Amened plans received 10/03/09.

2008-1098 Allen-Co Holdings Pty Ltd (KMT)*

2110 Gympie Woolooga Road, Widgee

Subdivision to 67 Lots in Two (2) Stages

Amended AN sent 23/01/09. RFI due. Concurrence Agency DMR.

2008-1575 Dunn (KMT)

163 Rammutt Road, Chatsworth

Subdivision to Create Eight (8) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1545 Mills (MKM)

Daniel Drive, Pie Creek

Subdivision to Create Two (2) Additional Lots & Access Easement

AN sent 17/10/08. RFI due. Advice Agency Energex response received 26/11/08.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Amended AN sent 04/03/09. RFI due. Referral Agency DMR RFI sent 23/03/09. Advice Agency Energex response received 20/03/09.

2008-1519 Los (MKM)

Chitticks Road, Greens Creek

Boundary Alteration AN sent 21/10/08. RFI sent 05/02/09. Awaiting applicant’s response. Concurrence Agency EPA response received 10/12/08.

2008-1640 D & K Holdings Qld Pty Ltd (KMT)

7 & 11 Heritage Lane, Southside

Subdivision to Create 26 Additional Lots

RFI sent 05/03/09. Awaiting applicant’s response.

2008-1620 Mackellar (SAC)

580 & 628 Traveston Road, Traveston

Boundary Alteration RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency Qld Transport. Advise Agency EPA.

2008-1656 Lehmann (SAC)

Lehmann Road, Tansey

Boundary Alteration AL sent 03/11/08. RFI due.

2008-1641 Alcock (MKM)

746 East Deep Creek Road, Cedar Pocket

Subdivision to Create Two (2) Additional Lots in Two (2) Stages & Access Easement

RFI sent 19/03/09. Awaiting applicant’s response.

Planning & Development Committee Meeting – 15 April 2009 - 92 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1755 Weier (SFC)

28 Lorikeet Drive, Tamaree

Subdivision to Create One (1) Additional Lot

RFI sent 05/03/09. Awaiting applicant’s response.

2008-1694 Pearce (KMT)

Gympie Connection Road, Victory Heights

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1775 Thorpe (KMT)

Craft Road, Veteran

Subdivision to Create One (1) Additional Lot & Access Easement

RFI sent 20/02/09. Awaiting applicant’s response.

2008-1718 Yaroomba Pty Ltd (MKM)

Hoopers Road, Curra

Subdivision to Create 14 Additional Lots

RFI sent 20/02/09. Awaiting applicant’s response.

2008-1770 Stevens (SFC)

170 Herron Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1829 Chain (MKM)

377 Power Road, Widgee

Subdivision to Create Seven (7) Additional Lots

RFI sent 26/03/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 13/03/09.

2008-1822 Anderson (TMS)

416 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot & Boundary Alteration

AL sent 02/12/08. RFI due.

2008-1873 Scott (PKM)

440 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 18/02/09. Awaiting applicant’s response.

2008-1948 Eleventh Trail Pty Ltd (SAC)

Lillis Road, Gympie

Subdivision to Create One (1) Additional Lot

AL sent 19/12/08. RFI due.

2008-1753 Lawson (MKM)

70 Laird Street & 3 Fulton Street, Goomeri

Boundary Alteration Amended AN sent 22/12/08. RFI due.

2008-1863 Pitt (KMT)

3-5 Heritage Lane, Southside

Subdivision to Create 24 Additional Lots in Two (2) Stages

DMS. Report to P&D Committee Meeting.

2008-1818 Pitstock (KMT)

157 Boonaravale Road, Goomeri

Boundary Realignment

AL sent 23/12/08. RFI due.

2008-1931 Mary Valley Heritage Railway Assn Inc (SFC)

Dagun Road, Dagun

Access Easement AN sent 23/12/08. RFI response received 12/03/09. Concurrency Agency Qld T’port.

2008-1928 Barlow (SFC)

Thomas Road, Curra

Subdivision to Create Two (2) Additional Lots & AE

DMS. DN due.

2008-1999 Day (MKM)

751 Bruce Highway (North) Chatsworth

Subdivision to Create Two Lots from Two Existing Titles

AL sent 06/01/09. RFI due.

2009-0004 George (KMF)

20 Lynch Road, East Deep Creek

Subdivision to Create Four (4) Additional Lots

AN sent 23/01/09. RFI due. Concurrence Agency EPA response received 01/04/09.

Planning & Development Committee Meeting – 15 April 2009 - 93 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1938 Cruice (SAC)

3500 Manumbar Road, Manumbar & McAllister Road, Elgin Vale

Boundary Realignment

AN sent 04/02/09. RFI due. Concurrence Agency CLU EPA response received 06/03/09.

2009-0033 Thornbury Nominees Pty Ltd as Trustee (KMF)

12 Jubilee Street, Monkland

Subdivision to Create One (1) Additional Lot & Access Easement

AL sent 04/02/09. RFI due.

2009-0064 Bulger (KMF)

53 Boundary Drive, Widgee

Subdivision to Create Four (4) Additional Lots

AL sent 05/02/09. RFI due.

2009-0034 Thornbury Nominees Pty Ltd (MKM)

3A Williams Lane, Southside

Subdivision to Create Two (2) Lots in a Community Titles Scheme

AL sent 13/02/09. RFI due

2009-0070 Anderson (SFC)

Cedar Pocket Road, Cedar Pocket

Subdivision to Create One (1) Additional Lot

AL sent 13/02/09. RFI due.

2009-0079 Curtis (SAC)

79 Glenbar Road, The Palms

Subdivision to Create One (1) Additional Lot

AN sent 13/02/09. RFI due. Concurrence Agency DNRW RFI issued 16/03/09. Advice Agency EPA.

2009-0069 Cummins (SFC)

9 Woodbine Street, Gympie

Subdivision to Create One (1) Additional Lot

AN sent 13/02/09. RFI due. Concurrence Agency DMR.

2009-0129 Chapman (MKM)

44 Sherylea Drive, Veteran

Subdivision to Create One (1) Additional Lot

AL sent 19/02/09. RFI due.

2009-0146 Murphy (SFC)

1686 & 1670 Tin Can Bay Road, Goomboorian

Boundary Alteration AL sent 23/02/09. RFI due.

2009-0145 Welburn (SFC)

24 City View Drive, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. Report to P & D Committee Meeting. Refer to Item ¾ in Today’s Agenda.

2009-0213 Eleventh Trail Pty Ltd (KMF)

Rifle Range Road & Spring Road, Gympie

Subdivision & Boundary Realignment to Create Four (4) New Lots from Three (3) Existing Lots

AL sent 04/03/09. RFI due.

2009-0196 Harwood Family Trust (MKM)

Miva Road, Munna Boundary Realignment

AL sent 03/03/09. RFI due

2009-0197 Prior (KMF)

7 Shanks Street, Gympie

Subdivision to Create One (1) Additional Lot

AN sent 03/03/09. RFI due. Concurrence Agency Qld T’port response received 20/03/09.

2009-0259 Burke (KMT)

590 Noosa Road, Mothar Mountain

Subdivision to Create Seven (7) Additional Lots

AN sent 18/03/09. RFI due. Concurrence Agency DNRW. Advice Agencies EPA, Powerlink.

2009-0250 Cassidy (SFC)

21 Highfield Drive, Chatsworth

Subdivision to Create One (1) Additional Lot

AN sent 18/03/09. RFI due. Advice Agencies EPA & Powerlink.

2009-0272 Ten-Dyke (KMF)

219 Webb Road, Blacksnake

Subdivision to Create One (1) Additional Lot

AN sent 19/03/09. RFI due. Concurrence Agency DMRW.

Planning & Development Committee Meeting – 15 April 2009 - 94 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0368 Cole (SFC)

21 Curtain Road, Pie Creek

Subdivision to Create One (1) Additional Lot

AL sent 01/04/09. RFI due.

2009-0311 Sanby (SFC)

6 Rocklea Drive, Southside

Subdivision to Create One (1) Additional Lot

AL sent 01/04/09. RFI due.

2009-0375 Josefski (SFC)

90 Boyle Road, The Palms

Subdivision to Create One (1) Additional Lot

AL sent 01/04/09. RFI due.

2009-0244 Sollner (MKM)

133 De Castella Road, The Palms

Subdivision to Create Two (2) Additional Lots

AL sent 03/04/09. RFI due.

2009-0343 Margetts (MKM)

Evelyn Road & Watson Road, Southside

Subdivision to Create 13 Additional Lots

AL sent 03/04/09. RFI due.

2009-0405 Dan (KMT)

51 Deans Road, The Palms

Subdivision to Create Thirteen (13) Additional Lots

AL sent 03/04/09. RFI due.

2009-0414 Ahern James Naismith (SFC)

Bruce Highway & Meadows Lane, Chatsworth

Boundary Realignment

AL sent 03/04/09. RFI due.

2009-0418 Falconer (SAC)

Boundary Realignment

255 & 345 Little Widgee Road Widgee

AL sent 06/04/09. RFI due.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (SFC)

391 Bruce Highway North, Two Mile

Earthworks RFI period extended to 20/04/09. Awaiting applicant’s response.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

COMBINED Op Works – Site Works, Driveway Access, Carparking & Landscaping

RFI sent 10/08/06. Part information received. Still awaiting extra information. Hydraulics received.

DA15807 Sawrey (TMS)

128 Emperor Street, Tin Can Bay

COMBINED Building Work (Class 2-9) & Boundary Relaxation, Plumbing (7 fixtures) & Operational Works

Further RFI sent 28/05/07 re building over sewer.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

DA16231 Jensen (TMS)

Hall Road, Glanmire

Siteworks Filling & Drainage Works for Industrial Subdivision

RFI due. Letter sent 27/07/07 – awaiting amended plans.

DA16810 Qantec McWilliam (KMT)

98 Woondum Road, Kybong

Earthworks DMS. DN due.

Planning & Development Committee Meeting – 15 April 2009 - 95 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA17618 Webster (TMS)

38-40 Stephens Street, Kandanga

Roadworks, Kerb & Channel & Associated Drainage

RFI sent 27/03/08. Awaiting applicant’s response.

DA17931 Garum Pty Ltd (MKM)

48 Corella Rd, Gympie

Siteworks, Roadworks & Associated Drainage, Driveway & Carparking

DMS. DN due.

DA18232 Howard (KMT)

Rifle Range Rd, Gympie,

Civil Works for Residential Subdivision (Stage 3)

DMS. DN due.

OW102/07 Richardson (SAC)

484 Curra Estate Rd Curra

Excavation – Water Storage Dam

AN sent 18/07/07. Objection received. Letter sent to applicants 22/08/07. Awaiting further advice.

2008-0190 Keeldale Pty Ltd (TMS)

Eel Creek Rd, Pie Creek

Roadworks & Associated Civil Works for Rural Residential Subdivision (Stages 2 and 3)

DMS. DN due.

2008-0199 Raw Ochre (TMS)

18 Park Tce & Queens Park Dve Gympie

Earthworks, Roadworks, Stormwater & Sewerage Reticulation & Landscaping for Warehouse & Shop (Steel Distribution)

DMS. DN due.

2008-0403 Kunst (TMS)

83 Panorama Dr, Long Flat

Roadworks & Associated Drainage

RFI sent 04/07/08. Awaiting applicant’s response.

2008-0636 Zauner (MKM)

62 Channon St, Gympie

Landscaping Drainage Works Stormwater & Earthworks for Approved Commercial Premises

RFI sent 03/10/08. Awaiting applicant’s response.

2008-0639 Tyrenwhit Pty Ltd (KMT)*

20 Barter Street, Gympie

Bulk Earthworks (Fill)

AL sent 04/07/08. RFI due.

2008-0273 Gympie Residential Golf Pty Ltd (SAC)

25 Corella Road, Gympie

Civil Works for Stages 3 & 4 of Approved Multi-Residential Development

DMS. DN due. Stage 3 DN issued 26/11/08. Awaiting Stage 4 information.

2008-0999 Sheehy & Partners (TMS)

Achilles Avenue, Cooloola Cove

Roadwork, Earthwork, Stormwater Drainage – Sewerage & Water Reticulation

Request for further information issued 23/03/09. Awaiting applicant’s response.

Planning & Development Committee Meeting – 15 April 2009 - 96 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1111 BJ & S Paterson Pty Ltd (TMS)

12 Eucalyptus Avenue, Southside

Roadworks, Stormwater, Earthworks, Drainage Works, Water & Sewerage Infrastructure

RFI sent 17/12/08. Awaiting applicant’s response.

2008-1047 Opus Qantec McWilliam (KMT)

Brisbane Road & Buckley Drive, Glanmire 7 Old Imbil Road, Monkland

Bulk Earthworks Extra information requested 20/02/09. Awaiting applicant’s response.

2008-1435 Rainbow Shores Pty Ltd (TMS)

Wyvern Road, Rainbow Beach

Clearing, Earthworks & Roadworks

DMS. DN due.

2008-1430 Cozen Regan Williams Prove Pty Ltd (TMS)

Cootharaba Road, Gympie

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure, Earthworks, Electrical Supply/Street Lighting and Landscaping for Approved Residential Subdivision

DMS. DN due.

2008-1484 Garrick & Harrison Family Trusts (SAC)

7-9 Monkland Street, Gympie

Roadworks, Stormwater, Water Infrastructure, Landscaping Drainage Works & Signage

DMS. DN due.

2008-1507 Opus Qantec McWilliam (MKM)

Country View Drive, Chatsworth

Roadworks including modification to existing cul-de-sac and access; building pads & retaining walls & filling of existing dams

RFI sent 19/12/08. Awaiting applicant’s response.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

RFI sent 06/11/08. Awaiting applicant’s response.

2008-1682 Lohage (KMT)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2008-1891 Snowden (TMS)

Ian Drive, Curra Roadworks for Approved Subdivision

RFI sent 11/03/09. Awaiting applicant’s response.

2008-1861 Akers (MKM)

40 Bath Terrace, Gympie

Roadworks, Driveway & Retaining Walls

Extra information required 27/02/09. Awaiting applicant’s response.

Planning & Development Committee Meeting – 15 April 2009 - 97 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1918 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Carparking & Access for Approved Shopping Centre

RFI sent 03/04/09. Awaiting applicant’s response.

2008-1896 Dennis Jurss Family Trust & Jensen Family Trust (TMS)

Eldorado Road, Monkland

Stormwater, Drainage Works, Landscaping, Carparking and Access Driveway for Approved General Industry

RFI sent 16/03/09. Awaiting applicant’s response.

2008-1914 Roman Catholic Archdiocese of Brisbane (SAC)

Manooka Drive. Rainbow Beach

Civil Work for Approved Community Services (Church)

AL sent 19/12/08. RFI due.

2008-1943 IG & LJ Lobegeier (KMT)

17 Smerdon Road, Southside

Earthworks AL sent 22/12/08. RFI due.

2008-1831 Gympie South Developments Pty Ltd (KMT)

Eagle Hawk Drive and 85 & 93 Groundwater Road, Southside

Site Works, Roadworks, Kerb and Channel and Associated Drainage, Stormwater Drainage, Water and Sewer Mains and Landscaping for Approved residential Subdivision Stages 3 and 4)

RFI sent 05/03/09. Awaiting applicant’s response.

2009-0128 Hudson (MKM)

De Castella Road, The Palms

Roadworks AL sent 26/02/09. RFI due.

2009-0186 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Stormwater & Sewerage Infrastructure

RFI sent 26/03/09. Awaiting applicant’s response.

2009-0255 Opus Qantec McWilliam (TMS)

93 Cedar Pocket Road, Greens Creek

Roadworks for Approved Subdivision

AL sent 16/03/09. RFI due.

2009-0251 Opus Qantec McWilliam (KMT)

63 & 65 Sorensen Road, Southside

Sewer Main Construction & Inter-Allotment Drainage for Approved Housing Subdivision

AL sent 18/03/09. RFI due.

2009-0258 Ken Hudson & Assoc (SAG)

20 Inglewood Road, Monkland

Access Driveway, Inter-allotment Drainage, Water & sewerage Reticulation for Approved Subdivision

AL sent 24/03/09. RFI due.

Planning & Development Committee Meeting – 15 April 2009 - 98 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

OPERATIONAL WORK – ADVERTISING DEVICES DA15079 Brown (MKM)

8 Jeremy Road, Widgee Crossing South

Advertising Device – Freestanding Non-moving Sign) and Building Work (Class 10 Sign)

RFI sent 05/02/07. Applicant’s part response received 10/05/07. Advised applicant new site plan required – awaiting.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME DA17709 Inall (MKM)

11 Smyth St, Gympie

(Removal of Dwelling House within the Heritage and Character Overlay)

RFI sent 04/02/08. Awaiting applicant’s response. Heritage Sub-committee advise no concerns.

2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due.

P28/04/09 Moved: Cr J. Watt Seconded: Cr A.J. Perrett

Recommend that the information be noted.

Carried. 4/2 Development Applications Approved

File: 2008-0151 Applicant: SP & KJ Boatfield Site Address: 553 East Deep Creek Road, Cedar Pocket The proposal is for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 3 RP213684. The Decision Notice was approved on 6 April 2009 and issued on 6 April 2009 subject to conditions from the Assessment Manager.

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Gympie Regional Council

File: 2008-371 Applicant: John Milligan Site Address: 250 & 252 Sandy Creek Road, Veteran The proposal is for Reconfiguring a Lot – Subdivision to Create Four (4) Additional Lots and New Road over Lot 1 MPH5199, Lot 11 CP885420 and Lot 2 MPH5223. The Decision Notice was approved on 3 April 2009 and issued on 3 April 2009 subject to conditions from the Assessment Manager. File: 2008-0524 Applicant: Gordon Maudsley Site Address: 30 Lawrence Street, Gympie The proposal is for Operational Works – Civil Works and Landscaping for Approved Commercial Premises (Medical Consulting Rooms) over Lot 3 on MPH14237. The Decision Notice was approved on 3 April 2009 and issued on 3 April 2009 subject to conditions from the Assessment Manager. File: 2008-1314 Applicant: Lynette Cignoli Site Address: 8 Larkin Road, Pie Creek The proposal is for Operational Work – Access Driveway over Lot 34 RP181838. The Decision Notice was approved on 6 April 2009 and issued on 6 April 2009 subject to conditions from the Assessment Manager. File: 2008-1916 Applicant: Boyds Bay Landscaping & Environment Site Address: 1 - 5 Woolgar Road, Southside The proposal is for Operational Work – (Landscaping for Approved Shopping Centre) over Lot 11 RP896298. The Decision Notice was approved on 3 April 2009 and issued on 3 April 2009 subject to conditions from the Assessment Manager.

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Gympie Regional Council

File: 2009-0821 Applicant: Glynn Jones Site Address: 103 Fritz Road, Chatsworth The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots over Lot 11 MCH5373. The Decision Notice was approved on 20 March 2009 and issued on 20 March 2009 subject to conditions from the Assessment Manager.

P29/04/09 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne

Recommend that the information be noted. Carried.

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Gympie Regional Council

SECTION 5: GENERAL MATTERS 5/1 Application for Purchase Unallocated State Land – Rowe/Wickham Streets,

Gympie Re: Minute: P30/04/09 Application for Purchase Unallocated State Land

– Rowe/Wickham Streets, Gympie From: Department of Natural Resources and Water File: 4/4/4/5/6 Date: 19 February 2009

“The department has received the above application. The proposed use of the land is for the display of motor vehicles and landscaping. Copies of documents supporting the application are enclosed for your information. The enclosed Smartmap shows the subject land and the surrounding locality. Please advise NRW of your views or requirements that the department should consider when assessing this application. Objections to the application, and any views or requirements that may affect the future use of the land should be received by close of business on 18 April 2009. If you offer an objection to the application, a full explanation stating the reason for such an object should be forwarded to this Office.

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Gympie Regional Council

If you wish to provide a response but are unable to do so before the due date, please contact the author before the due date to arrange a more suitable timeframe. If a response is not received by the due date and no alternative arrangements have been made, it will be assumed you have no objections or requirements in relation to this matter. This information has been provided to you in confidence for the purpose of seeking your views on this matter. It is not to be used for any other purpose, or distributed further to any person, company, or organisation, without the express written permission of the department unless required.”

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Gympie Regional Council

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 Introduction The above letter was received on 19 February 2009, requesting Council’s views and/or requirements to the purchase of the above land. The proposed use of the land is indicated to be the display of motor vehicles and landscaping.

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Gympie Regional Council

Council was formerly trustee for the site but has since relinquished such trusteeship. 2.0 Site The subject allotment, 660m2 in area, is zoned Community and currently is being used for staff parking of the adjacent car display yard (Pacific Hyundai). 3.0 Assessment This matter was similarly considered by Council in 2007, when the same applicant made application for a Permit to Occupy the site. At that time Council resolved vide Minute P50/02/07 to: ‘Recommend that Council offer no objection to a temporary use of R1242 by the adjoining landowner for: • landscaping; • display of cars; and • carparking subject to the land being made available on six (6) months notice for use by: • Council; and/or • Department of Main Roads. Further, the use would need prior Material Change of Use approval.’ There are no objections to the sale of land, given that any use would be subject to a development application where relevant issues could be addressed. 4.0 Conclusion It is recommended that no objection be offered to the purchase of the land. Given the requested response date is 18 April, 2009 it is requested the Committee’s recommendation be actioned from the meeting.

P30/04/09 Moved: Cr R.J. Dyne Seconded: Cr L.J. Friske Recommend that in relation to an application to purchase unallocated state land described as Lot A on AP17559, located on Rowe Street, Gympie Council offer no objection, however that the applicant be advised that the intended use of the site for display of vehicles and landscaping would be subject to a development application for material change of use.

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Gympie Regional Council

Further, that Council note that the Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried. 5/2 2009-0186 – Proposed Operational Works Application – Shopping Centre –

Lot 11 RP896298 - Ramsey Road, Southside – AHC Limited Re: Minute: P31/04/09 Proposed Operational Works Application –

Shopping Centre From: AHC Limited File: 2009-0186 Date: 8 April 2009

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Gympie Regional Council

Report: (General Manager Design Services Division - R. Chapman) This development by necessity and by the original approval conditions is required to carry Council stormwater from under and over Ramsay Road through the site and discharge onto the downstream lands. Currently, Council discharges into a small easement on the shopping centre land adjacent to the hotel. This discharge point will then be moved to the boundary of Lot 2 MPH33457. The owner of that property has refused a point of discharge onto his land as has been discussed with Council previously by the developers of the shopping centre.

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Gympie Regional Council

It is understood the owner of the downstream lands carried out unauthorised work many years ago which included filling and installing a large size stormwater pipe through his land. If this had been built to Council approval it would have probably been an acceptable point of discharge. The developer of the centre is therefore faced with no option other than to install a detention basin and discharge structure such that will replicate the natural flow of water that now enters Lot 2 off the naturally shaped shopping centre land. It is my view that this will be difficult to achieve in such a way as to convince the downstream owner he has not been adversely affected given his past performances. However, the developer's engineers believe this can be achieved satisfactorily. In view of the developers insistence of this, it is recommended that the easement documentation that would be required with Council piped storm water passing through the property including the overland flow, should exclude Council from the responsibility of the stormwater flows and the detention basin. This should also include a requirement on the shopping centre developer to remove the detention basin and connect to downstream stormwater should that ever be constructed to Council's requirements.

P31/04/09 Moved: Cr L.J. Friske Seconded: Cr R.J. Dyne Recommend that Council agree to AHC Limited constructing a detention basin on its lands within the carpark provided it accepts fully all responsibility for the design and operation of the detention basin to replicate the natural flows off its land and that should a lawful point of discharge become available on the downstream lands, it will be required to dispense with the detention basin and connect directly to the downstream drainage to Council's satisfaction and at no cost to Council.

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION Nil SECTION 7: “IN COMMITTEE” ITEMS Nil

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Gympie Regional Council

There being no further business the meeting closed at 9.42 a.m.

CONFIRMED THIS THE TWENTY SECOND DAY OF APRIL 2009.

_____________________________________________ Cr I.T. Petersen

Chairman