2010-12-01 Planning & Development Committee Meeting …€¦ · PROPOSAL: Material Change of ... Motor Showroom ... Planning & Development Committee Meeting – 1 December 2010 -

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 1 December 2010 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 8 December 2010

Planning & Development Committee Meeting – 1 December 2010 - 1 -


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. 10.00 a.m. “In-Committee” CONTENTS LEAVE OF ABSENCE .......................................................................................................................................... 3

NIL ....................................................................................................................................................................... 3 APOLOGIES .......................................................................................................................................................... 3

NIL ....................................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3 CONFIRMATION OF PREVIOUS MINUTES .................................................................................................. 3 SECTION 1: STRATEGIC PLANNING MATTERS ........................................................................................ 3

NIL ....................................................................................................................................................................... 3 SECTION 2: PLANNING APPLICATIONS ...................................................................................................... 4

2/1 2009-1065 – MATERIAL CHANGE OF USE – SERVICE STATION AND COMMERCIAL FACILITIES AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA #63 SEWAGE TREATMENT AND ERA #8 CHEMICAL STORAGE) – 2618 BRUCE HIGHWAY, GUNALDA – CHASEDALE PTY LTD AND DRYANT PTY LTD ......... 4 2/2 2009-1474 – MATERIAL CHANGE OF USE OF PREMISES – ACCOMMODATION PREMISES (12 HOLIDAY ACCOMMODATION CABINS) – 11 EMPEROR STREET AND 34 ESPLANADE, TIN CAN BAY – WILLCREST PTY LTD .................................................................................................. 22 2/3 DA17006 – REPRESENTATIONS FOR DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – GENERAL INDUSTRY (TRANSPORT DEPOT AND ANCILLARY CARETAKER’S RESIDENCE) OVER LOT 3 RP206045 – 1021 BRUCE HIGHWAY (SOUTH), KYBONG – J. EDWARDS .......................... 40 2/4 2008-1316 – REPRESENTATIONS FOR DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (COMMUNITY VILLAGE COMPRISING 15 UNITS AND MANAGERS RESIDENCE) & RECONFIGURING A LOT - (5 STANDARD FORMAT LOTS & 1 BUILDING FORMAT LOT IN A COMMUNITY TITLES SCHEME) OVER LOT 1 MPH30089 – 5 ROSE ROAD, SOUTHSIDE – SOUTHSIDE FAMILY VILLAGE .............................................................................................................. 44

SECTION 3: RECONFIGURING A LOT APPLICATIONS .......................................................................... 51

NIL ..................................................................................................................................................................... 51



SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................. 52 4/1 PLANNING APPLICATIONS PENDING ..................................................................................................... 52 4/2 DEVELOPMENT APPLICATIONS APPROVED ........................................................................................... 64

SECTION 5: GENERAL MATTERS ................................................................................................................ 68

5/1 2010-1785 – REQUEST FOR REDUCTION OF APPLICATION FEES - PROPOSED DEVELOPMENT – MATERIAL CHANGE OF USE – MULTI RESIDENTIAL (RETIREMENT VILLAGE 42 UNITS) AND DWELLING HOUSE (CARETAKERS RESIDENCE) AND RECONFIGURING A LOT - SUBDIVISION TO CREATE FOUR (4) ADDITIONAL LOTS - 101 STUMM ROAD, SOUTHSIDE – B. & Y. JENSEN ................... 68

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION ...................................................................... 76

NIL ............................................................................................................... ERROR! BOOKMARK NOT DEFINED. SECTION 7: “IN COMMITTEE” ITEMS ....................................................................................................... 78

7/1 “IN COMMITTEE” ITEMS FOR COUNCIL’S INFORMATION ...................................................................... 78 7/2 APPLICATION FOR RENEWAL OF SPECIAL LEASE 21/52325, LOT 131 MCH5093 OVER RESERVE 514, PARISH OF CURRA ........................................................................................................................ 78 7/3 APPLICATION FOR RENEWAL OF SPECIAL LEASE 21/52349, LOT 17 LX439 & LOT 56 LX1782 OVER RESERVE R225, PARISH OF KANDANGA ............................................................................................... 79 7/4 APPLICATION FOR RENEWAL OF TERM LEASE 208685, LOT 27 FYI1559 OVER PART OF RESERVE R81, PARISH OF GALLANGOWAN ......................................................................................................... 79 7/5 COOLOOLA DRAFT PRIORITY INFRASTRUCTURE PLAN ........................................................................ 80 7/6 SUBMISSION TO DRAFT WIDE BAY BURNETT REGIONAL PLAN (OCTOBER 2010) ................................ 80

SECTION 8: GENERAL BUSINESS ................................................................................................................. 80

NIL ..................................................................................................................................................................... 80 SECTION 9: ATTACHMENTS .......................................................................................................................... 81

NIL ..................................................................................................................................................................... 81



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

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. Also in attendance were Mr M. Hartley (Director of Planning & Development),

Ms T.M. Stenholm (Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary).

LEAVE OF ABSENCE Nil

APOLOGIES Nil

DECLARATION OF INTERESTS BY COUNCILLORS

P09/12/10 – Cr R.A. Gâté – Material Personal Interest

CONFIRMATION OF PREVIOUS MINUTES

P01/12/10 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

That the Minutes of the Planning & Development Committee Meeting held on 17 November 2010 be taken as read and confirmed.

SECTION 1: STRATEGIC PLANNING MATTERS

Carried.

Nil



SECTION 2: PLANNING APPLICATIONS 2/1 2009-1065 – Material Change of Use – Service Station and Commercial

Facilities and Environmentally Relevant Activity (ERA #63 Sewage treatment and ERA #8 Chemical storage) – 2618 Bruce Highway, Gunalda – Chasedale Pty Ltd and Dryant Pty Ltd FILE NO: Minute: P02/12/10 2009-1065 APPLICANT: Chasedale Pty Ltd & Dryant Pty Ltd RPD: Lot 1 RP212272 SITE AREA: 10.76 hectares SITE ADDRESS: 2618 Bruce Highway, Gunalda CURRENT USE OF LAND: Vacant PROPOSAL: Material Change of Use – Service

Station and Commercial Facilities and Environmentally Relevant Activity (ERA #63 Sewage treatment and ERA #8 Chemical storage)

PLANNING SCHEME: Tiaro Shire Planning Scheme EXISTING ZONE: Rural OVERLAYS: Natural Features & Resources –

GQAL Class A and B Bushfire Hazard (Medium) APPLICABLE CODES: Rural Zone Code Service Station Code Commercial Facilities Code Filling & Excavation Code

Landscape & Buffer Code Natural Features & Resources Overlay Code Natural Hazards Overlay Code

REFERRAL AGENCIES: Department of Main Roads Department of Environment and

Resource Management PUBLIC NOTIFICATION: 30 April 2010 – 25 May 2010 SUBMISSIONS: Nil





Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION This application seeks Council’s approval for a Material Change of Use to re-establish a service station on a site on the Bruce Highway at Gunalda. It was lodged in July 2009. 1.1 Site Description The site is situated on the Bruce Highway approximately 25 kilometres north of Gympie CBD and just over one (1) kilometre south of the Gunalda township. It is clear of vegetation and adjoined by rural holdings. The total site area is 10.76 hectares, however the development will be contained within approximately 1.7 hectares of this land. 1.2 The Proposal The application seeks approval for a service station development incorporating complimentary commercial uses.



Approvals are also requested for environmentally relevant activities for associated sewage treatment and chemical storage. In summary, the proposal includes the following: service station component comprising store area, truckies building,

amenities area, outdoor area, eating areas, Food 01, Food 02 and Food 03 on the proposal plans with an approximate gross floor area of 1170m2;

commercial facilities component comprising ‘News’ and ‘Fresh Market’ with an approximate gross floor area of 370m2;

two (2) separate buildings; five (5) car bowsers; four (4) truck bowsers; 83 car parking spaces including 2 accessible spaces; 12 caravan and trailer parking spaces; five (5) heavy vehicle parking no motor vehicle servicing is proposed; 7 670m2 of landscaping.





1.3 Site History The site was previously used for service station until the facility burnt down in 2008.



2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme A service station within the Rural zone is neither a consistent nor an inconsistent use, however Commercial Facilities are an inconsistent use. In justifying the establishment of commercial facilities the following grounds are relevant: - the proposal is re-establishing a previous use that existed on the site; - the commercial facilities are considered ancillary to the predominant use

of the site for a service station; - the commercial facilities are intended to service highway traffic and are

not considered to compromise existing commercial zoned land within the former Tiaro area.

2.2

• Bulk Store/Warehouse

Compliance with the Planning Scheme 2.2.1 Scheme Definition The proposal comes under the planning scheme definition of Service Station which‘means any premises used(sic) the retail sale of fuels, oils and other petroleum products including LPG, spare parts, tools and accessories necessaritly required by motor vehicles, boats or motor mowers’. The proposal also involves Commercial Facilities which ‘means any premises used for commercial, retail, tourist, personal or entertainment services, or for the sale of goods (wholesale or retail). The use includes low impact industry occupations of low impact on floor areas not more than 300m2 and advertising signs not associated with or ancillary to the main use on the site. The term includes:

• Car Hire Premises • Hotel • Laundry • Licensed Club • Markets • Medical/Paramedical Centre • Motor Showroom • Passenger Terminal • Reception Rooms • Shop, Shopping Centre, Supermarket • Showroom.’



2.2.2 Development Provisions An application for a Service Station and Commercial Facilities in the Rural Zone is Impact Assessable however the following Codes are considered most applicable to the development: (i) Rural Zone Code (ii) Natural Features and Resources Overlay Code (iii) Natural Hazards Overlay Code (iv) Service Station Code (v) Commercial Facilities Code (vi) General Development Code (vii) Landscape and Buffer Code, and (viii) Filling and Excavation Code. Rural Zone Code An outcome of the Code is to preserve areas of good quality agricultural land. The site is mapped as containing Class A and B GQAL, but given its former use as a service station, it is listed on the State Environmental Management Register (contaminated land) and is therefore considered to have no agricultural value without remediation. Significant landscaped buffers are proposed on the northern and eastern sides to reduce the impact on surrounding land. The proposal does not compromise any other the outcomes sought by the Code. Natural Features and Resources Overlay Code The only relevant specific outcome of the Code is in relation to good quality agricultural land which has been addressed under the Rural Zone Code. Natural Hazards Overlay Code The development lot is partially crossed in the east by medium bushfire hazard area, however this is well removed from the actual location of the development. Service Station Code The Code aims to: - site service stations in clearly visible locations for convenient access by

the travelling public and service vehicles; - not expose people to unacceptable risks to their safety; - not degrade the amenity of the locality; - provide facilities for the convenience of the travelling public including

refreshments.



The development site is considered an ideal location to achieve all the outcomes of the code. There are currently no service stations on the south-bound side of the Bruce Highway between Maryborough and Gympie. The service station development is attractive and proposed at a high standard. There are no houses in proximity to the site that will be adversely impacted by the development. Commercial Facilities Code Many of the provisions of the Code are only relevant to commercial development within the commercial zone. However, the proposed buildings comply with maximum height provisions of 8 metres, minimum setbacks and car parking at the rate of 1 space / 25m2 of gross floor area. General Development Code The Code includes requirements for infrastructure provisioning including water, sewerage, electrical and telecommunication. The development proposed on-site water storage of 265 500 litres and fire fighting storage capacity of 440 000 litres. The on-site effluent system is designed to cater for 300 equivalent persons and therefore requires environmental licensing by the Department of Environment and Resource Management. The Code requires car parking at the following rates: Commercial facilities – 1/25m2 gfa Service station – 5 spaces for each lubricating bay The commercial facilities component of the application is estimated at 370m2, requiring 15 spaces. No lubricating bays are proposed as part of the service station. A total of 100 car parking spaces have been provided for the development. No adverse impacts are anticipated from the development in relation to noise or lighting. Landscape and Buffer Code The proposal incorporates landscaping and buffers sufficient to comply with the Code. Specific details can be further assessed through the application for operational work. Filling and Excavation Code An operational works application will be required for all car parking, access areas, site works and landscaping.



The provisions of the Code can be assessed in more detail through this application. 2.3 Local and/or State Planning Policies There are no state or local planning policies applicable to this application. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The development is considered well sited to meet a demand. 3.2 Site Access and Traffic The original development plans were amended through negotiations with the requirements of Department of Transport and Main Roads to include: - auxillary turn lanes; - amendments to the access including channelized movements to and from

the site; and - reconfiguring the internal layout to improve flow into the site and reduce

the potential for queuing. A road contribution is not considered justified given the highway location and the extensive works required by Department of Transport and Main Roads. 4.0 PUBLIC NOTIFICATION The application was publicly notified for a period of 15 business days and as a result no submissions were received. 5.0 CONSULTATION 5.1 Internal Report: (Manager, Major Projects – N. Weller)

This engineering report is based on the applicant’s Town Planning Report prepared by LandPartners dated July 2009 and subsequent information submitted on 19 April 2010, 6 July 2010 and 2 September 2010. TRAFFIC / FRONTAGE / ACCESS This site is the site of “United Gunalda” which operated as a service station until being destroyed by fire in 2008. The site fronts the Bruce Highway therefore Department of Transport and Main Roads conditions must be met. Council has no requirements.



FLOODING/STORMWATER DRAINAGE The site is flood free. Stormwater from the development will have to be managed to remove contaminants and be released from site in a manner that does not cause nuisance. WATER SUPPLY On-site water supply is proposed. SEWERAGE On-site sewerage is proposed. The size of the facility necessitates an environmental license from Department of Environment and Resource Management therefore there is no need for Council to get involved. SITEWORKS The proposal appears to adequately address all vehicle and pedestrian movements and parking. OTHER SERVICES All other services are available or will be upgraded to meet the higher demand. SUBMISSIONS None at 23 August 2009. 6.0 REFERRAL AGENCIES The application was referred to the following Agencies. Their responses are summarised below. (i) DTMR (formerly the Department of Main Roads) The application was referred to the Department of Transport & Main Roads as a Concurrence Agency as the site is within 100m of a State Controlled Road. The Department has issued the following Conditions which are to attach to any approval of this application: * exclusion of ‘fast food’ type development such as McDonald’s, KFC,

Red Rooster or Hungry Jacks given these uses have higher traffic generation rates that those adopted for the development.

* access to the Bruce Highway limited to a single location; * construction of an intersection incorporating channelized left and right

turn treatments and lighting in accordance with the following drawing (see plan following);

* further approval required for any advertising that will be visible from the Bruce Highway;



* any landscaping within 10 metres of the road boundary with the Bruce Highway to be in accordance with the department’s Road Landscape Manual 2004 (section C5); and

* certification that post development flows to the Bruce Highway will not exceed pre-development flows during an ARI 100 storm event.



(ii) DERM (formerly the Department of Natural Resources and Water) The application was referred to the Department of Environment & Resource Management as a Concurrence Agency with regard to the assessment of the environmentally relevant activities proposed for sewage treatment and chemical storage. DERM have issued conditional approval of the development including some 14 pages of conditions. Notably, 6 sub-surface irrigation zones are required to be installed which include the landscape buffers proposed and some of the frontage landscaping. Both DTMR and DERM are concurrence agencies, so the above conditions are required to be part of any approval. 7.0 CONCLUSION The application proposes to re-establish a service station on the Bruce Highway. It is considered appropriately located with no potential adverse affects on the amenity of the area. It is recommended for approval.

P02/12/10 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske Recommend that Council, as Assessment Manager, APPROVE Development Application 2009-1065 for Material Change of Use – Service Station and Commercial Facilities and Environmentally Relevant Activity (ERA #63 Sewage treatment and ERA #8 Chemical storage) at 2618 Bruce Highway, Gunalda subject to the following conditions: Assessment Manager’s Conditions Section 1 Conditions to be Satisfied Prior to the Commencement of the

Approved Use 1. The development herein approved may not start use until: (i) the following development permits have been issued and

complied with as required - (a) Development Permit for Building Work; (b) Development Permit for Operational Work (Site Works,

Car Parking, Access Driveways and Landscaping); (c) Approval for Plumbing and Drainage Work.



2. The development herein approved may not start until written confirmation is provided to Council that Department of Transport and Main Roads’ conditions attached to this Development Permit are substantially completed/fulfilled to their satisfaction.

3. The development herein approved may not start until written

confirmation is provided to Council that Department of Environment and Resource Management conditions attached to this Development Permit are substantially completed/fulfilled to their satisfaction.

Stormwater

4. 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.

5. 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.

6. (i) Roof and surface water is to be collected on site and is to be

discharged through an underground drain line into existing drainage.

(ii) A grease/oil arrester is to be provided on site to ensure polluted run-off does not adversely affect the existing stormwater drainage system.

Carparking and Internal Driveways 7. Car parking and access areas are constructed with sealed pavement

and designed, drained, constructed and maintained in accordance with Council provisions.

8. Vehicle parking and access areas are designed and constructed in

accordance with AS2890.1, sections 2.5, 4 and 5. Landscaping 9. Landscaping is to be undertaken generally in accordance with the

conceptual areas nominated on the approved plans, subject to a Development Permit for Operational Work.



Fuel Storage 10. (i) With the submission of a development application for Building

Works, submit two (2) copies of specifications and drawings, at a scale of not less than 1:100, of the fuel installation to Council for approval pursuant to the Dangerous Goods Safety Management Act 2001.

(ii) Building works shall be undertaken in accordance with the

approved specifications and drawings (referred to in (i) above) and the requirements of the Dangerous Goods Safety Management Act 2001.

(iii) The development herein approved may not start until the fuel

installation has been constructed in accordance with the approved specifications and drawings (referred to in (i) above) to the satisfaction of the Chief Executive Officer and the requirements of the Dangerous Goods Safety Management Act 2001.

11. Prior to the commencement of the use obtain an annual licence

from Council for the storage of flammable and combustible liquids in excess of the minimum amounts permitted under the Dangerous Goods Safety Management Act 2001.

12. At the completion of the Building Works, Council is to be

provided with certification from an accredited consultant that the installation complies with the requirements of Australian Standard 1940 – 2004 The storage and handling of flammable and combustible liquids.

Food License 13. (i) With the submission of a development application for Building

Works, submit two (2) copies of plans and specifications of the food preparation area at a scale of not less than 1:100, for assessment pursuant to the Food Safety Standards set out in Chapter 3 of the Australia New Zealand Food Standards Code.

(ii) Building works shall be undertaken in accordance with the approved plans and specifications (referred to in (i) above).

(iii) The use of the food preparation area herein approved may not commence until kitchen fixtures, fittings and finishes have been installed in accordance with the approved plans and specifications (referred to in (i) above) and Food Safety Standard 3.2.3 – Premises and Equipment set out in Chapter 3 of the Australia New Zealand Food Standards Code.



14. Prior to commencement of the operation of the licensable food

business obtain from Council a licence pursuant to the Food Act 2006.

15. Provide potable water in accordance with the standards

prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by:

(i) the installation of an approved automatic water treatment and disinfection system, or

(ii) the use of a water treatment system relying on manually dosed chlorination.

Where water is not provided via Council’s reticulated supply,

Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing will be performed at the owner’s expense (as per Council’s fees and charges).

Refuse Management 16. Provide a Waste Management Program pursuant to the

Environmental Protection (Waste Management) Policy 2000. Matters to be considered in the program include:

a description of the authorised activities that may generate waste;

the types and amounts of waste that may be generated by the authorised activities;

how the waste will be dealt with, including a description of the types and amounts of waste that will be dealt with under each of the waste management practices mentioned in the waste management hierarchy;

procedures for identifying and implementing opportunities to minimise the amount of waste generated, promote efficiency in the use of resources, and otherwise improve the waste management practices employed;

procedures for dealing with accidents, spills and other incidents that may impact on the waste management;

details of any accredited management system employed, or planned to be employed, to deal with the waste;

how often the performance of the waste management practices will be assessed;

the indicators or other criteria on which the performance of the waste management practices will be assessed;

staff training on matters relevant to waste management; provision for regular review of the program.



17. The internal driveway is to be constructed in a manner to provide suitable access for a refuse collection vehicle.

NOTE: Council’s refuse contractor is the only waste contractor

authorised to remove general waste from the site. 18. Prior to commencement of the use the following items are to be

provided in accordance to the Environmental Protection (Waste Management) Regulation 2000 and all to the satisfaction of Council’s Chief Executive Officer:

(i) approved refuse containers; and (ii) a centralised refuse storage enclosure comprising an

imperviously paved area provided with a hose cock and hose. 19. The number and type of refuse containers provided on site is to be

determined in accordance with Council’s Rating Policy. NOTE: Preliminary calculations indicate the following waste

removal requirements: general waste = 10m3/week recycling = 5m3/week

Miscellaneous 20. The development is to be generally in accordance with the approved

plans, submitted with the application (Drawing Nos TP-01 rev. 05 and TP-02 rev. 03 drawn by baldassocortese and dated 31/08/10 and June 2009).

Note: This includes incorporation of the general architectural design elements indicated on the artist’s impressions. Any major modification to the design of the building will necessitate a request to change this approval.

21. No structure is to exceed eight (8) metres in height. 22. 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.

23. Any filling or other development works undertaken on the site shall

be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

24. Fire fighting services are to be provided to meet the requirements of

the Queensland Fire and Rescue Service.



25. Provide potable water in accordance with the standards prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by: (a) the installation of an approved automatic water treatment and

disinfection system, or (b) the use of a water treatment system relying on manually dosed

chlorination. Where water is not provided via Council’s reticulated supply,

Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing will be performed at the owner’s expense (as per Council’s fees and charges).

Section 2 Conditions Applicable to the Ongoing Operation of the

Development 26. Loading/unloading operations shall be conducted within the site and

vehicles waiting to be loaded/unloaded shall stand entirely within the site.

Advisory Notes (i) No earthworks or filling works are to be undertaken prior to the issue

of a Development Permit for Operational Work. (ii) Compliance with AS1596 - The storage and handling of LP Gas will

be required in relation to the storage of Liquefied Petroleum Gas on the proposed premises. For further information in relation to this matter please contact the Queensland Government, Department of Mines & Energy, Petroleum & Gas Inspectorate on 07 3237 1626.

Carried.



2/2 2009-1474 – Material Change of Use of Premises – Accommodation Premises

(12 Holiday Accommodation Cabins) – 11 Emperor Street and 34 Esplanade, Tin Can Bay – Willcrest Pty Ltd FILE NO: Minute: P03/12/10 2009-1474 APPLICANT: Willcrest Pty. Ltd. RPD: Lots 7 & 27 T73121& Lot 8 T73118 SITE ADDRESS: 11 Emperor Street & 34 Esplanade,

Tin Can Bay CURRENT USE OF LAND: Lot 7 contains no permanent

structures however is approved for Accommodation Premises (Camping Ground – 9 Tent Sites) under DA11313 and Lots 8 & 27 are improved with the Caravan Park and associated buildings.

PROPOSAL: Material Change of Use – Accommodation Premises (12 Holiday Accommodation Cabins)

EXISTING ZONE: Housing, Mixed Housing Preferred Use Area

APPLICATION ADVERTISED: 15 June 2010 ADVERTISING CLOSED: 12 July 2010 SUBMISSIONS RECEIVED: Nil



KEY POINT SUMMARY

• Application for Material Change of Use – Accommodation Premises (12 Holiday Accommodation Cabins) at the Ace Caravan Park.

• Application advertised for public comment and no submissions were received.

• Property zoned Housing and included in the Mixed Housing Use Area. • Proposal is considered to comply with the desired outcomes for the Tin

Can Bay locality in relation to tourism and is an increase to the existing caravan park use

• Development sited adjacent to an existing shop and serviced internally by an extension off the existing driveway.

• Application requires redesigning to: - increase building setbacks to the Esplanade - improve site amenity and street presentation by incorporating a minimum 6 metre wide landscaping strip provided adjacent to the Esplanade road boundary from the southern edge of the existing bitumen driveway to the common boundary of Lot 7 on T73121 and Lot 26 on T73121. - provide an increased level of privacy, and soften the ‘hard’ nature of the proposal, by incorporating ‘soft’ landscaping features between the internal driveway, car parking and pathway areas around the cabin sites and screening (i.e. wood/lattice or similar alternative) deck areas of the cabins. • Application recommended for approval subject to conditions. Report: (Planning Assistant – S. A. Capell) 1.0 INTRODUCTION This proposal seeks Council’s approval for the creation of Accommodation Premises (12 Holiday Accommodation Cabins) at the Ace Caravan Park, Tin Can Bay. 1.1 The Proposal The applicants propose 12 Holiday Accommodation Cabins on Lots 7 and 8, as indicated in the proposal plan below:







Access is to be provided from the existing internal driveway. 1.2 Site Description Lot 7 is currently vacant. Lot 8 currently contains 14 van sites and 4 self-contained cabins and an area adjoining Lot 7 which has no ‘permanent structures’ where two cabins are proposed. Lot 27 contains seven (7) van sites, caretakers residence/office area, amenities block and storage shed. 1.3 Surrounding Land Uses The site is surrounded by a range of accommodation & multi-residential uses. Immediately adjoining Lot 7 is a shop. 2.0 STATUTORY REQUIREMENTS 2.1 Intent of the Zone The Housing Zone, Mixed Housing preferred use area aims to ensure: Well designed, attractive medium density housing is available in proximity to services and public transport While this proposal does not fit specifically with this intent, it is considered to comply with the desired outcomes for the Tin Can Bay locality in relation to tourism and is an increase to the existing caravan park use. 2.2 Compliance with the Planning Scheme 2.2.1 Scheme Definition The proposal to establish 12 Holiday Accommodation Cabins is defined under the 2005 Cooloola Planning Scheme as Accommodation Premises. 2.2.2 Development Provisions The application is ‘Impact Assessable’ against the entire Planning Scheme. The primary code that is relevant to the application is the Accommodation Premises Code. Probable Solution PS-11 requires sites to be setback a minimum 12 metres from any road frontage and 5 metres from any other boundary.



Probable Solution PS-21 requires landscaping with a minimum width of 6 metres be provided to road frontages and 4 metres to other site boundaries. The development proposes a 4 metre setback to the Esplanade and 1.5 metres to the side boundary and therefore does not comply with these requirements. The 1.5 metre side boundary setback is considered appropriate. The applicant proposes to construct a 1.8 metre high fence and landscape the 1.5 metre setback area. Furthermore, the setback of the adjoining shop (approximately 3 metres) from the boundary increases separation distance to the accommodation cabins and given the existing development and short term nature of accommodation proposed, the 1.5 metre setback is considered sufficient. The 4 metre setback to the Esplanade as proposed is not considered sufficient to address Specific Outcome SO-21 which requires the visual amenity of the site and adjacent areas to be maintained. The Esplanade is the main thoroughfare to the Norman Point area and the current design does not facilitate appropriate presentation to the street. Setbacks to the buildings should be increased to 12 metres, with a 6 metre wide landscaping strip provided adjacent to the Esplanade road boundary from the southern edge of the existing bitumen driveway to the common boundary of Lot 7 on T73121 and Lot 26 on T73121 (shop site). The area between the building and landscaping may be used for open space / car parking purposes. Screen fencing along road frontages of properties along the Esplanade is not common given the availability of views across open space land to Tin Can Inlet and has therefore not been conditioned but should on e be installed it should be behind the required landscaping. Specific Outcome SO-11 requires sufficient site area to be provided for individual sites and units of accommodation to achieve an adequate level of privacy for occupants and users of the premises. The current design does not satisfy this requirement, given all the units have front decks located directly on the edge of the driveway, or within close proximity to car parking areas and pathways. Furthermore, the internal facing layout of the cabins as proposed will result in windows and glass sliding doors directly facing the opposite cabin. To achieve an increased level of privacy, and soften the ‘hard’ nature of the proposal, the layout of the development should be redesigned to incorporate ‘soft’ landscaping features between the internal driveway, car parking and pathway areas around the cabin sites and screening (i.e. wood/lattice or similar alternative) provided to deck areas of the cabins.



Proposed and existing driveways do not comply with the 6 metre requirement specified in Probable Solution PS-18. Given that the proposal is for self contained accommodation cabins rather than additional caravan sites, it is likely potential visitors will be in cars rather than large motor homes etc. New driveway areas will need to be constructed to a sealed standard, with marked car parking spaces, however the existing driveway is capable of servicing the additional traffic generated without requiring widening. Should any safety concerns be raised in the future, the access and driveway through the site could be signposted ‘One Way’ by the proponent. The Vehicle Parking and Access Code requires 1.25 car parking spaces per unit of accommodation. The proposed use and size of the cabins involved is not likely to generate additional traffic to the site by visitors and one (1) car parking space per unit of accommodation is considered adequate. The refuse storage area has not been nominated on the submitted plans, however currently 12 commercial bins are serviced once a week and 3 commercial bins twice a week. Additional bins will be required for the proposal and a conditions have been included relating to the number, servicing location and appropriate wash-down facility. 2.4 Local and/or State Planning Policies The development site is mapped as Acid Sulfate Soils (0-5m) and therefore the State Planning Policy SPP 2/02 – Planning and Managing Development Involving Acid Sulfate Soils potentially applies. Assessment against the Policy triggers if ‘excavating or otherwise removing 100 m3 or more of soil or sediment or filling of land involving 500 m3 or more of material with an average depth of 0.5 of a metre or greater.’ Given the development site is flat (gradient approximately 2%) and the proposed cabins will be set on stumps, requiring only pier hole footings, excessive excavation or filling of the site is unlikely. The following standard condition has been included to ensure any Acid Sulfate Soil encountered is dealt with appropriately: “The method of treatment of any acid sulfate soils likely to be encountered during construction of the works is to be in accordance with State Planning Policy 2/02 Guidelines and incorporated into the Building and Plumbing & Drainage Works plans submitted.” The development site is also within the Coastal Management District, therefore the State Coastal Management Plan 2001 is to be considered during the assessment of the application.



The Department of Environment and Resource Management are a Concurrence Agency for proposals in the Coastal Management District and have imposed conditions on the development. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposal is appropriately located within the Mixed Housing preferred use area and the use is supported by the desired environmental outcomes for Tin Can Bay in relation to tourism. It is considered that this site is acceptable as it is the extension of an existing use and there are no homes which will be directly affected by the proposal. 3.2 Impact on Amenity The majority of the development is proposed to be located on Lot 7 on T73121 which is adjacent to a Shop. The accommodation cabins are sited approximately 1.5 metres from the boundary with landscaping and construction of a 1.8 metre high fence proposed to buffer/screen the accommodation cabins from the adjoining shop on Lot 26 on T73121. The proposal will not impact the amenity of the adjoining residential uses to the north. Presentation of the development to the Esplanade should be improved by way of increased setbacks to buildings and frontage landscaping. 3.3 Site Access and Traffic The Department of Transport and Main Roads, as a Concurrence Agency, have conditioned a single access point to the Esplanade for the development. Internal access to the cabins will be from the existing driveway servicing the caravan park. Contributions are applicable for the additional traffic generated by the proposal. 3.4 Car Parking One (1) car parking space per unit of accommodation is considered sufficient given the short term accommodation nature of the development which is unlikely to generate high numbers of ‘visitors’ specifically utilising the site, rather than the area in general.



3.5 Flooding The whole of this lot is above the Q100 flood line for this area. Refer to Design Services Division Report in Section 5.1. 3.6 Landscaping The majority of the development is proposed on Lot 7 on T73121. The site is not improved with any significant landscaping. A 1.5 metre wide landscaped strip and fencing, as proposed, between the units and shop site is considered sufficient. Given the Esplanade is the main thoroughfare to Norman Point, presentation of the development to this frontage should be improved. A minimum 6 metre wide landscaped strip along the frontage is required to improve the visual amenity of the site and maintain the visual amenity of adjacent areas. Additional landscaping is recommended as part of a redesign of the development to increase the internal appearance and level of privacy available to occupants. Incorporating ‘soft’ landscaping features between the internal driveway, car parking and pathway areas around the cabin sites and screening (i.e. wood / lattice type) deck areas of the cabins, will assist increasing the level of privacy available and reduce the ‘hard’ nature of the proposal. 3.7 Site Contamination The site is not listed on the Environmental Management Register. 3.8 Water & Sewerage Water and sewerage headworks charges are applicable for the new use. Refer to Design Services Division Report in Section 5.1. 4.0 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Integrated Planning Act and no submissions were received.



5.0 CONSULTATION 5.1 Internal (a) Design Services Division

Report: (General Manager Design Services - R. Chapman) This engineering report is based on the information provided by the applicant's consultant, Murray and Associates, reference No. 42183 dated September 2009 and subsequent information provided up until recently. TRAFFIC No estimate of the additional traffic to be generated has been provided. Under the Urban Road Contribution Policy No PSP13, the proposed accommodation units are equivalent to a motel unit and therefore attract a contribution of 0.4 times the standard unit amount; ie $1,373.20 per unit for Cooloola Coast. Whilst there is a previous approval for tents on this site it is understood no contributions have ever been paid. Hence, only a reduction of $3,433 should be made for the existing lot. A contribution of $13,045.40 is applicable. ACCESS AND ROAD FRONTAGE The site has frontage to the declared Tin Can Bay Road and has been assessed by the Department of Transport and Main Roads which has not approved an additional access to the overall development. This will require modifications to the original layout plan and consideration of amalgamating this lot with the balance area where access is to be provided (preferred method), or an easement granted over that lot for access. The Tin Can Bay Road frontage is fully constructed including a pathway so no frontage works are required. Although this lot is part of the overall site which also has frontage to Emperor Street (which is fully constructed except for a concrete footpath), it would seem unreasonable to require such upgrading when this lot has no frontage to Emperor Street. The Department requires the Tin Can Bay Road access to be constructed to meet Council standards. At this location it is not possible to do this as the channel is too low due the road surface profile. A new access to suit caravans was built less than ten (10) years ago to the Department's approval. FLOODING AND STORMWATER DRAINAGE The whole of this lot is above the Q100 flood line for this area. The site is also generally higher than the surrounding lands forming part of the complex but slightly lower than the adjoining land to the south. Therefore, any additional sheet flows from this site will flow onto the existing caravan park and should dissipate from there.



Department of Environment and Resource Management as a Concurrence Agency has required Council to consider storm surge as per the State Coastal Management Plan 2001 on the basis that Council has not considered storm surge. This is incorrect as the Q100 flood line of 2.2 metres AHD adopted in the Town Plan Table 8.22 S0.17 was based on the Storm Surge Study carried out by GHD, reference PD1094, dated July 2004. WATER SUPPLY An adequate water supply is available for this relatively small development. Headworks charges apply with credit given for the existing use. Connection will be required to be made internally to the existing pipe work which may require upgrading subject to hydraulic assessment and any Emergency Fire Services requirements. The internal connection also adds credence to requiring amalgamation of the lots. SEWERAGE The existing system has sufficient capacity to accept this relatively small development. Headworks charges apply with credit given for the existing use. The sewer that runs along the rear of this Lot 7 is the connection to the existing complex (Lot 8). It will be necessary to construct a new manhole at the southern boundary of Lot 7 and therefore make the existing sewer into a house drain to enable it be built over and become the responsibility of the property owner. Further credence is given to amalgamation of the lots because of this. MISCELLANEOUS Upgrading of electricity and telecom facilities will be to the developer's cost. Street lighting on the Tin Can Bay Road frontage is considered adequate. The site is in the Acid Sulphate area but excavations required are unlikely to encounter any such soils. Other items for consideration that are of a Town Planning nature include car parking, internal landscaping, fence screening, noise and night and security lighting. (b) Health & Community Services Department Appropriate conditions have been included in the recommendation.



5.2 External CONCURRENCE AGENCY (a) Department of Transport and Main Roads The Department of Transport and Main Roads Concurrence Agency Response dated 27 May 2010 will be attached to the approval and includes a condition requiring ‘A single direct access to Tin Can Bay Road is permitted. The permitted road access location is the “Existing Bitumen Drive” as shown on Jim Moehead Drawing Nos. 080901-1 Rev A dated 25 August 2009.”’ (b) Department of Environment and Resource Management (i) The Department of Environment and Resource Management was a

Concurrence Agency for Coastal Management District issues. The Concurrence Agency Response dated 15 July 2010 and including conditions will be attached to the approval.

(ii) The Department of Environment and Resource Management was an

Advice Agency due to the development site being located within 100 metres of a Conservation Estate. The Advice Agency Response dated 13 May 2010 will be attached to the approval.

6.0 CONCLUSION The use is not inconsistent with the Planning Scheme and enhances tourism opportunities in Tin Can Bay and has been recommended for approval subject to conditions. The proposed layout requires redesigning to provide appropriate building setbacks to the Esplanade and landscaping to improve presentation to the street. Internally, additional landscaping is required to increase the internal appearance and level of privacy available to occupants. Incorporating ‘soft’ landscaping features between the internal driveway, car parking and pathway areas around the cabin sites and screening (i.e. wood/lattice or similar equivalent) deck areas of the cabins, will assist by increasing the level of privacy available and reduce the ‘hard’ nature of the proposal.



P03/12/10 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that Council, as Assessment Manager, APPROVE development application for Material Change of Use – Accommodation Premises (12 Holiday Accommodation Cabins) over Lots 7 and 27 on T73121 & Lot 8 on T73118 located at 11 Emperor Street and 34 Esplanade, Tin Can Bay, subject to the following conditions: Conditions to be Satisfied Prior to Commencement of the Use 1. (i) The plans submitted with the application (Plan Nos. 080901-1

C and 080901-2 B drawn by Jim Moehead Building Design and Drafting and dated 01/09/10 and 17/09/09), shall be amended to incorporate the following requirements: (a) Buildings to be setback a minimum 12 metres from the

Esplande frontage. (b) Minimum 6 metre wide landscaping strip to be provided

adjacent to the Esplanade road boundary from the southern edge of the existing bitumen driveway to the common boundary of Lot 7 on T73121 and Lot 26 on T73121. Note: Any fencing to be installed must be on the

development side of this fence. (c) Soft Landscaping is to be provided between the internal

driveway, car parking and pathway areas around the cabin sites and with privacy screening (i.e. wood / lattice type or similar alternative) provided to deck areas of the cabins.

(ii) Prior to lodging a development application for Operational Works three (3) copies of amended development plans showing the above modifications 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.

2. The development herein approved may not start until:

(i) the following development permits have been issued and complied with as required - (a) Development Permit for Operational Work (Sewerage

Works); (b) Development Permit for Building Work; and (c) Development Permit for Plumbing & Drainage Work.

(ii) development authorised by the above permits has been completed to the satisfaction of Council’s Chief Executive Officer.



3. 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 $29 783, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

4. 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 $43 780, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

5. In accordance with Planning Scheme Policy 13: Urban Road

Contributions a contribution, currently assessed at $13045, is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount will be indexed to ABS ANZSIC Class 4121.

6. All lots that form part of this Development Application are to be

amalgamated in Title. Such amalgamation does not require development approval.

7. A 1.8m high timber paling (or similar alternative) fence with no gaps

is to be constructed along the boundary of the development site and Lot 26 T73121.

8. (i) A properly prepared Landscape Plan in accordance with

Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.

(iii) The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

9. 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: (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. 10. There is to be no detrimental effect upon the amenity of the

neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions at any time in Council’s opinion.

11. All night lighting must be designed and constructed to the

satisfaction of Council’s Chief Executive Officer so that light emitted from the subject land does not, in the opinion of the Council, cause nuisance or annoyance to residents or traffic in the immediate vicinity.

12. Prior to commencement of the use the following items are to be

provided in accordance to the Environmental Protection (Waste Management) Regulation 2000 and all to the satisfaction of Council’s Chief Executive Officer: (i) approved refuse containers; (ii) a centralised bin washing facility comprising an imperviously

paved area provided with a hose cock and hose, and drainage designed to prevent stormwater entering Council’s sewer.

13. The number and type of refuse containers provided on site is to be

determined in accordance with Council’s Rating Policy. 14. Servicing of refuse containers is to be at a location approved by

Council’s Chief Executive Officer. 15. No earthworks or filling works are to be undertaken prior to the

issue of a Development Permit for Building Works. 16. Any filling or other development works undertaken on the site shall

be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

17. A plan of the proposed car parking and driveway, demonstrating

compliance with conditions 18 and 19 is to be submitted to Council for approval.

18. Off-street car parking is to be provided in accordance with the

Vehicle Parking and Access Code of Council’s Planning Scheme and Planning Scheme Policy 8 - Infrastructure Works. Note: One (1) car parking space per unit of accommodation is required.



19. Car parking and access areas shall be sealed pavement and designed, drained, constructed and maintained in accordance with the Planning Scheme requirements and Council’s Planning Scheme Policies.

20. 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.

21. Stormwater drainage is to be designed and constructed in

accordance with AS/NZS 3500.3.2 – 1998 “National Plumbing and Drainage Code”.

22. 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.

23. The method of treatment of any acid sulfate soils likely to be

encountered during construction of the works is to be in accordance with State Planning Policy 2/02 Guidelines and incorporated into the Building and Plumbing & Drainage Works plans submitted.

24. The development herein approved may not start until written

confirmation from the Department of Transport and Main Roads is provided to Council confirming that the Concurrence Agency Conditions are satisfied.

25. A Development Permit for Operational Work is to be obtained and

complied with as required, and the work accepted by Council ‘On-Maintenance’.

26. 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.

27. Any plans for operational works, water supply and sewerage works,

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



Concurrence Agency’s Conditions Conditions applicable to this approval imposed by the following Concurrence Agencies: 1. The Department of Transport and Main Roads is a concurrence

agency with regard to this development approval. The attached concurrence agency response from this department, dated 27 May 2010, forms part of this Decision Notice.

2. The Department of Environment and Resource Management is a

concurrence agency with regard to this development approval. The attached concurrence agency response from this department, dated 15 July 2010, forms part of this Decision Notice.

Carried. COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee”

to discuss: 1. The update of the Planning & Environment Court Appeal No. 2768 of

2009 P04/12/10 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider the following matter:- 1. The update of the Planning & Environment Court Appeal No. 2768

of 2009 Further, that in relation to the provisions of Section 250 of the Act,

Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.



Mr R. Fredman (Director Engineering Services) entered the meeting at 9.04 a.m.

Ms T.M. Stenholm left the meeting at 9.04 a.m.

COUNCIL OUT OF COMMITTEE P05/12/10 Moved: Cr J.A. Walker Seconded: Cr R.J. Dyne That proceedings be resumed in Open Council. Carried.

Mr R. Fredman left the meeting at 9.25 a.m. Ms T.M. Stenholm returned to the meeting at 9.25 a.m.

Cr D.R. Neilson left the meeting at 9.25 a.m. and returned to the meeting at 9.27 a.m.



2/3 DA17006 – Representations for Development Application for Material Change of Use – General Industry (Transport Depot and Ancillary Caretaker’s Residence) over Lot 3 RP206045 – 1021 Bruce Highway (South), Kybong – J. Edwards Re: Minute: P06/12/10 Representations for Development Application

for Material Change of Use – General Industry (Transport Depot and Ancillary Caretaker’s Residence) over Lot 3 RP206045

From: J. Edwards File: DA17006 Date: 12th August 2010

Report: (Planning Officer – S. Court) 1.0 INTRODUCTION Development approval for Material Change of Use – General Industry (Transport Depot and Ancillary Caretaker’s Residence) over Lot 3 RP206045 was approved by Council on 28 July 2010. The applicant suspended their appeal period on 12 August 2010 and lodged representations in relation to some of the conditions on 6 September 2010.



The conditions requested to be reconsidered are outlined below.

2.0 REPRESENTATIONS Representations are submitted in relation to upgrading the Woondum Road.

Approved Plan



3.0 ASSESSMENT 3.1 Condition 2.11 (a) Condition 2.11 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 Woondum Road:

(a) 8 metre wide seal to 10 metres east of the access point and then tapered at 1:10 to join the existing bitumen width.’

(b) Applicant’s representations:

‘The applicant suggests that the extent of works could be better identified in this condition noting that there are 2 access points approved onto Woondum Road. For the purpose of these representations it is assumed that these required works extend westwards towards the Bruce Highway from that position referenced in the conditions being 10 metres east of eastern most access point to Woondum Road. The applicant is aware that Council has required specific works and has not obtained a monetary contribution. Notwithstanding this the applicant is concerned that Council is requiring him to full fund the nominated upgrade of an existing roadway when the following matters should have been taken properly into consideration:-

• There is at least another two sizeable existing industrial uses that rely

on parts of this section of Woondum Road for access to varying degrees. These include the GB Masonry and Corbett's landscape supplies, etc. The applicant does not object to these uses in anyway but consider that it is unfair for his smaller application being conditioned to upgrade an existing road.

• The other existing uses generate a much greater number of vehicles

trips and commonly involve B-Doubles having to use parts of Woondum Road whereas the applicant does not have similar vehicle movements or types.

• The applicant considers that the increase of usage of a small section

Woondum Road as a result of this proposal especially considering the current level and nature of usage on Woondum Road and as such it is not considered reasonable or relevant for Council to require the roadworks as currently required in this condition.

Amended Condition 19 (sic): The applicant requests that Council clearly identifies the extent of any roadworks required noting that there are two (2) access points approved onto Woondum Road.



The applicant prefers that Council deletes this condition entirely and would like to discuss with relevant Council staff the possibility of making a reasonable and relevant contribution to Council instead.’

(c) Assessment

Report

(a) 8 metre wide seal from the Bruce Highway Service Road to 10 metres east of the eastern access point and then tapered at 1:10 to join the existing bitumen width.

: (Design Services Technical Officer – A.C. Walsh) CONDITION 2.11 Engineering Comments The intention of the condition is for Woondum Road to be upgraded to 8 metres wide from the Bruce Highway Service Road to 10 metres past the most eastern access point and then tapered to join the existing bitumen width. The work is considered necessary to achieve satisfactory safety of passing traffic on this section of road, considering articulated vehicles are entering/exiting the property at the two (2) access points. The additional width will also reduce the shoulder wear of the existing road. Condition can be clarified as follows: Woondum Road

P06/12/10 Moved: Cr J. Watt Seconded: Cr R.A. Gâté

Recommend that in relation to development application (DA17006) for Development Application for Material Change of Use – General Industry (Transport Depot and Ancillary Caretaker’s Residence) over Lot 3 RP206045, located at 1021 Bruce Highway (South), Kybong Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 2.11 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 Woondum Road: (a) 8 metre wide seal from the Bruce Highway Service Road to 10 metres

east of the eastern access point and then tapered at 1:10 to join the existing bitumen width.’

Carried.



2/4 2008-1316 – Representations for Development Application for Material Change of Use – Multi-residential (Community Village comprising 15 units and Managers Residence) & Reconfiguring a Lot - (5 Standard Format Lots & 1 Building Format Lot in a Community Titles Scheme) over Lot 1 MPH30089 – 5 Rose Road, Southside – Southside Family Village Re: Minute: P07/12/10 Representations for Development Application

for Material Change of Use – Multi-residential (Community Village comprising 15 units and Managers Residence) & Reconfiguring a Lot - (5 Standard Format Lots & 1 Building Format Lot in a Community Titles Scheme) over Lot 1 MPH30089

From: Southside Family Village File: 2008-1316 Date: 10th August 2010

Report: (Planning Officer – S. Court) 1.0 INTRODUCTION Development approval for Material Change of Use – Multi-residential (Community Village comprising 15 units and Managers Residence) & Reconfiguring a Lot - (5 Standard Format Lots & 1 Building Format Lot in a Community Titles Scheme) over Lot 1 MPH30089 was approved by Council on 9th July 2010.



The applicant suspended their appeal period on 10 August 2010 and lodged representations in relation to some of the conditions on 12 August 2010.

Approved Site Plan



The conditions requested to be reconsidered are outlined below. 2.0 Representations Representations are submitted in relation to upgrading the existing road, providing a bus stop and associated drainage works along Rose Road. 3.0 Assessment 3.1 Condition 2.3, 2.5 and 2.17 (a) Condition 2.3 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 Rose Road: (a) 2.0 metre seal widening and an additional 3.0 metre wide indented

bus bay in accordance with Austroads Standards – Part 3: Geometric Design, to be constructed from Davey Road to the full frontage.

(b) Kerb, channeling and stormwater drainage to be constructed to the full frontage.’

Condition 2.5 reads:

‘A bus stop is to be provided in Rose Road uphill from the proposed access. This will require road reserve widening at this location into the property in the vicinity of Building D to achieve a uniformed footpath width along Rose Road frontage.’

Condition 2.17 reads:

‘Upon completion of roadworks and associated drainage works along Rose Road, the No Standing section on the opposite side of the road is to be reduced.’

(b) Applicant’s representations: ‘The applicant wishes Council to be advised that it is disappointed that it is now deemed necessary for Council to request the voluntary resumption of part of the subject site for new road in a location which is critical to allow adequate set-back distances from the existing road boundary to three approved adjacent units. The applicant considers that it is relevant that these three approved units cannot be satisfactorily relocated due to the proximity to existing building which is proposed to be retained as part of the approved development.



However, the applicant wishes to confirm that it is prepared to accept the required (sic) to provide this new road opening and the associated roadway widening and bus bay, provided that Council amends or otherwise notes the relevant conditions that Council accepts that design as shown on the attached plan (numbered KHA 10 revS) and current location of the three (3) adjacent proposed units can be retained.

• The alignment of the constructed roadway within Rose Road should have been moved closer to the centre of the road (reserve) as is normal practice, when development works associated with a subdivision across Rose Road was recently approved by Council. The applicant understands that approved design of these works nominated that Rose Road maintain its current with of 5.5 metres, being that preferred as an Access Street (as categorised in Council’s adopted Road Hierarchy).

Given the delays experienced to date and the serious ramification of Council not accepting the above, the applicant requests that this is confirmed by Council with no sizeable delays. The applicant advises that the reasons for the applicant's disappointment in this regard include the following:-

• The applicant further understands that Council has now changed

classification of Rose Road to Collector Street which requires a carriageway width at 7.5 metres, with no advice or consultation with local residents. Local residents are of the opinion that the intersection of Rose with Watson Road should be channelized to keep commuting through-traffic from many new housing subdivisions approved by Council along and off Watson Road, which is already classified by Council in its adopted Road Hierarchy as a Collector Road.

• To make matters worse, the applicant considers that a design/construction

mistake may have occurred in those design plans approved by Council. This has resulted in what the applicant considers to be the need to create an extra “dogleg” in the roadway in the north-eastern end of Rose Road. (From the applicant’s perspective, there is a concern that Council’s approval of these other recent development works has resulted in the roadway being pushed even further over towards the boundary of this development and that this occurred when Council was in receipt of this current development application on the subject lot).

• The local bus company that currently services the area has advised the

applicant that it is unaware of any definite time frame within which to establish a bus route along Rose Road past the site, and in fact that in its opinion it doubts whether such a bus stop will be eventually required on this side of the road.

(c) Assessment



Report: (General Manager Design Services - R. Chapman) Both representations are of an engineering nature. Conditions 2.3, 2.5 and 2.17 (Rose Road Works) Condition 2.3 requires Rose Road to be widened by approximately 2 metres to provide for a 7.5 metre wide carriageway. Condition 2.5 requires an indented bus bay being provided uphill from the access driveway. Condition 2.17 requires removal of the No Standing Zone installed on the opposite side of the road once the 7.5 metre widening has been constructed. The background to the width of Rose Road goes back to Minute W57/03/06 when it was confirmed the constructed width to Rose Road because of the subdivision associated with DA12339 would be 5.5 metres in width. This was conditioned accordingly and constructed under DA15971. At the completion of these works concerns were raised that the newly constructed road was too narrow and No Standing signs were authorised by the Director of Engineering along the new frontage. As pointed out in W57/03/06, 5.5 metre wide roads cater for up to 750 vpd and 7.5 metre roads cater for up to 3000 vpd. A traffic count in February 2010 shows an average daily count of 828 vpd and a peak day of 956 vpd. Minute W04/02/10 (see G08/02/10) raised concerns regarding traffic volumes, road widths and traffic calming devices in Rose Road which resulted in Council deciding to monitor the situation. It was because of the travelling public's obvious desire to use Rose Road as a through road and Council's perceived attitude change to road widths in Rose Road (no doubt significantly influenced by the Southside Shopping Centre development and its access arrangements), that the wider street width of 7.5 metres was put forward in this application. Council should confirm that this wider street is appropriate by having Condition 2.3 remain or revert back to a street width as per W57/03/06. Condition 2.5 The need for a bus stop at such a development is very much influenced by the road width (category) fronting the site. Being on the most direct route to/from the Southside commercial area would surely lead to a bus route being provided either commercially or from the public bus company. The bus layout provided does not comply with Austroads Standards but only minor changes are required. It may be possible to have the bus stop relocated to the downhill side of the access point where the carriageway tapers away from the frontage thus reducing resumptions considerably. It should be noted that the internal buildings have been set back 6 metres from the road boundary and have "back wall" aspect to the road.



For such buildings there would appear to be sound grounds for reduced building setbacks. There is scope also to reduce the footpath width at this confined concentration point to 3.5 metres. Condition 2.5 should remain if Condition 2.3 is confirmed by Council but the following note could be added; "Council would consider an alternative bus stop location on the downhill side of the proposed access. A reduced footpath width of 3.5 metres at either bus stop location will be acceptable to Council. Council may also consider a reduced Building Setback distance of 4.5m appropriate adjustment to the bus bay given the land is to be dedicated by the developer. The bus stop is to comply with Austroads Guide to Road Design Part 3, Fig 4.39." Condition 2.17 This condition should remain if Council confirms Condition 2.3. If Condition 2.3 is amended to a reduced carriageway width, Council may wish to expand this condition to apply same to the Rose Road frontage of this development also. 3.2 Condition 2.4 (a) Condition 2.4 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 Davey Road: (a) 0.3 metre seal to be constructed from Rose Road to full frontage.

(b) Kerb, channeling and stormwater drainage to be constructed to the full frontage.’

(b) Applicant’s representations: “The applicant has been advised by A and D Wheeler, that a contribution was required by and paid to the former Cooloola Shire Council when the adjoining land to the east along Davey Road was excised from the subject site in about November 1997. This contribution was required by the former Cooloola Shire Council when a previous owner of the subject site (i.e. Mr. T. Hamilton) subdivided the subject site and sold the current adjacent lot to the Wheelers. The Wheelers have advised the applicant that Council had conditioned this 1997 subdivision to make a contribution to specific works being the upgrade Davey Road with kerb and channelling and an associated stormwater drainage manhole in front of the Wheeler’s lot. The applicant has requested that Council advises of the amount of contribution collected by Council and the works nominated by Council when such a contribution was required.



The applicant is of the opinion that required construction did not eventuate and as such these funds and resulting interest on monies held by Council would still be available for the upgrade to existing infrastructure works within Davey Road. Notwithstanding this, the applicant considers that the requirement for the approved development to upgrade Davey Road is not reasonable and relevant under law. The proposed development has deliberately avoided any need to access Davey Road. In addition, it should be appreciated that Council has conditioned the development to construct a screen along the entire frontage to Davey Road with a 1.8 solid timber fence, thereby providing a permanent physical barrier for the development to access Davey Road. As a result the applicant considers that there is no justification for Council requiring this development to have any responsibility for the upgrade of existing roadway within Davey Road. The application however advises that it would be prepared to undertake these upgrading works on Davey Road provided the above contribution as previously collected by Council plus any resulting interest covers the majority of these costs AND provided a quick agreement can be finalized between the applicant and Council in all respects on this condition. The applicant also requests that the negotiated decision notice to be specifically noted to acknowledge the ability for any performance bonds to be held by Council to be progressively reduced as the stages of the development are satisfactorily completed. The applicant has requested that these representations acknowledge its appreciation for the assistance of Council’s Director Planning and Development, Mike Hartley and his staff as well as Councillors in progressing Council’s assessment of its development application through to this current stage. The applicant also advises it is currently receiving a considerable number of requests from people over 50 years of age to purchase the approved units in this development, and the applicant will be in a position to commence construction as soon as these representations are resolved and the resulting development permits are issued. The applicant therefore requests that Gympie Regional Council issues a negotiated decision notice which amends those conditions in the original decision notice as detailed above.”



(c) Assessment Report

(i) Condition 2.3 amended to add note:

: (General Manager Design Services – R. Chapman) Condition 2.4 (Davey Road Works) This condition requires minimal road widening of up to 0.2 metres plus kerb and channel. The claims made in the representations have been investigated and no subdivision has taken place on that side of Davey Road since 1976. A small subdivision on the opposite side of the road in 1995 saw kerb and channel works undertaken along that frontage in 1998. The Condition should remain.

P07/12/10 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker

Recommend that in relation to development application (2008-1316) for Development Application for Material Change of Use – Multi-residential (Community Village comprising 15 units and Managers Residence) & Reconfiguring a Lot - (5 Standard Format Lots & 1 Building Format Lot in a Community Titles Scheme) over Lot 1 MPH30089, located at 5 Rose Road, Southside Council issue a Negotiated Decision Notice incorporating the following:

“Note: Council would consider an alternative bus stop location on the downhill side of the proposed access. A reduced footpath width of 3.5 metres at either bus stop location will be acceptable to Council. Council may also consider a reduced Building Setback distance of 4.5m appropriate adjustment to the bus bay given the land is to be dedicated by the developer. The bus stop is to comply with Austroads Guide to Road Design Part 3, Fig 4.39.”

(ii) Condition 2.4 to be deleted. (iii) Condition 2.5 to remain. (iv) Conditions 2.17 to remain.

SECTION 3: RECONFIGURING A LOT APPLICATIONS

Carried.

Nil



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

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

File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA08093 O’Halloran (TMS)

4 Spectrum Street, Rainbow Beach

Dual Occupancy Letter requesting intentions to finalise by 20/12/10.

DA15782 Mackenzie (KMT)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

Reported to P&D Committee Meeting 07/10/09. Letter requesting intentions to finalise by 20/12/10.

DA15813 Heilbronn (TMS)

Chatsworth Road, Two Mile

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

RFI period extended to 15/11/10. Awaiting applicant’s response. Concurrence Agency DMR response received 31/05/07.

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)

DA253 Allen & Dray (KMT)

Dray Road, Widgee

Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

DA247 Cotter (TMS)

555 Kinbombi Road, Goomeri

Feedlot Reported to P&D Committee Meeting 17/11/10. Four (4) Submissions. Two (2) Petitions.

2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre

DN issued 15/11/10. Four (4) Submissions. One (1) Petition.



File Number & Applicant Location Nature of Application Status

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)

DN issued 08/11/10. Nine (9) Submissions.

2009-0459 Allen (TMS)*

Brisbane Road & Old Imbil Road, Monkland

Preliminary Approval to Override the Planning Scheme for Industrial Development

RFI extended to 23/12/10. Awaiting applicant’s response. Concurrence Agency DMR rfi sent 19/05/09. Advice Agency DI&P response received 26/06/09.

2009-0748 Orica Quarry Services (TMS)**

720 Moy Pocket Road, Moy Pocket

Special Industry (Bulk Storage Depot & Magazine Facility) and Environmentally Relevant Activity (ERA# 8 Chemical Storage (Threshold 4)

DMS. Report to P&D Committee Meeting. (160) Submissions. (2) Petitions.

2009-1474 Willcrest Pty Ltd (SAC)

34 Esplanade & 121 Emperor Street, Tin Can Bay

Accommodation Premises (12 Holiday Accommodation Cabins)

DMS. Report to P&D Committee Meeting. Awaiting revised DTMR response. Refer to Item 2/2 in Today’s Agenda.

2009-1544 Ellis (SAC)

258 East Deep Creek, East Deep Creek

General Industry (Transport Depot & Vehicle Storage Unit)

RFI sent 11/12/09. Awaiting applicant’s response.

2009-1859 Christensen (MKM)

14 Glastonbury Road, Southside

2 x Two (2) Storey Town Houses & 2 x Two (2) Unit Apartments

DMS. Report to P&D Committee Meeting. (1) Submission.

2009-1935 Elliot (MKM)

1866 Kin Kin Road, Wolvi

Extractive Industry (Removal of up to 3000 tonnes of Material per Annum)

PNS. ALOD to be sent.

2010-0827 Gear Family Investments Pty Ltd (KMT)

6A Parsons Road, Gympie

Multi-Residential (Nine (9) Units)


2010-0860 Tim Developments Pty Ltd (MKM)

168 Old Maryborough Road, Gympie

COMBINED Preliminary Approval (Industrial & Commercial Development) & Subdivision to Create 18 Additional Lots &

Amended AN & RFI sent 27/09/10. Awaiting applicant’s response. Concurrence Agency DI&P response received 27/07/10.

2010-0891 Roberts Bros Pty Ltd (KMT)

600 Bruce Highway, Chatsworth

Preliminary Approval to Effect the Local Planning Scheme

Application on hold till 05/01/11. DTMR rfi issued 15/07/10 & DI&P rfi issued 05/07/10.




2010-1024 Faedon Proprietary Limited (MKM)

2 Old Wolvi Road, Victory Heights

COMBINED General Industry (Boat Building) & Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

2010-1030 White (SFC)

28 Smyth Street, Gympie

Multi-Residential Four (4) Units

RFI sent 09/08/10. Awaiting applicant’s response. Concurrence Agency DTMR rfi issued 27/07/10.

2010-1035 Roberts (KMF)

295 Phillips Road, Lower Wonga

Private Airstrip and Associated Hangar

PNS. Submissions due 06/12/10.

2010-1125 Bowser (MKM)

62 Happy Valley Road, Kandanga Creek

General Industry (Engineering Workshop)

DMS. Report to P & D Committee Meeting.

2010-1280 Venaglia Enterprises Pty Ltd (SFC)

105 Duke Street, Gympie

Multi-Residential (Four (4) Dwelling Units)


2010-1348 Newman (KMT) (SFC)

149 Tagigan Court, Goomboorian

Food or Entertainment Venue (Function Venue)

PNS. ALOD sent 12/11/10.

2010-1362 Barton (SFC)

27 Dan Meurant Drive, Curra

Low Impact Industry (Storage Shed for Four (4) School Buses)

AN sent 23/09/10. RFI sent 21/10/10. Awaiting applicants response.

2010-1616 Murray & Associates (QLD) P/L (KMF) eDA

185 Spencer Rd, Kilkivan

Animal Keeping (Dog Kennels)

AN issued 29/10/10. RFI due.

2010-1489 Prestwood & Simpson (SAC)

Queens Park Drive, Gympie

Preliminary Approval to Apply the Land Use Entitlements of the Industry Zone

AN issued 18/11/10. RFI due. Concurrence Agency DERM.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

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

DMS. Report to P&D Committee Meeting. Application held pending response due 31/01/11.

DA17123 Wilson (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

Letter sent 08/10/10 requesting intentions to finalise by 19/11/10.

2008-1574 Gerhardt (KMT)*

15 Stanley Street, Gympie

Commercial Premises Letter sent 20/08/09. Application held in abeyance pending further advice.

2008-1835 Buckley (TMS)**

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

RFI sent 10/02/10. Awaiting applicant’s response. Concurrence Agency DNRW response received 01/09/09. Advice Agency EPA.




2008-1759 Widgee Welding Works (KMT)

25 Tooth Drive, Widgee

ERA #24 (Motor Vehicle Workshop in Existing Building)

DMS. DN due. Application held pending amended proposal plan.

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

Part RFI response received 18/02/10. Concurrence Agency DTMR response received 11/02/10. Applicant negotiating with DTMR.

2009-0663 Masondale Pty Ltd (MKM)

Ascot Road & Tin Can Bay Road, Victory Heights

General Industry (Transport Depot & Mechanical Repairs Workshop) & ERA# 21 Motor Vehicle Workshop)


2009-0893 The Clayton Family Superannuation Fund (KMT) (TMS)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

DMS. DN due. Additional information received 08/11/10.

2009-1065 Chasdale Pty Ltd & Dryant Pty Ltd (TMS)

2618 Bruce Highway, Gunalda

Service Station & Commercial Facilities and ERA# 8 (3) (a) Chemical Storage & ERA# 63 (2) (b) Sewage Treatment

DMS. Report to P&D Committee Meeting. Refer to Item 2/1 in Today’s Agenda.

2009-1312 SSJ Bay Developments Pty Ltd (TMS)

20 Nautilus Drive, Cooloola Cove

Eight (8) Dwelling Units

Letter sent 16/06/10 application held in abeyance.

2009-1648 Reyloh (KMT)

17,19,21, & 23 Oak Street and 22 Chatsworth Road, Gympie

Accommodation Premises (84 Motel Units and Caretaker’s Residence) and Food or Entertainment Venue (Restaurant and Function Room)

Application on hold. Applicant negotiating with DTMR.

2009-2130 CJ Black Medical Pty Ltd aft CJ Black Investment Trust (SFC)

63 King Street, Gympie

Combined – MCU - Multi-Residential Six (6) Units & Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot


2009-2103 Tompkins (SAC)

96 Mellor Street, Gympie

Combined MCU Shop (Retail) & RAL – Subdivision to Create One (1) Additional Lot


2009-2121 Campbell (MKM)

53 Violet Street, Gympie

Display Yard (Extension to existing Landscape Supplies Centre)

RFI sent 17/02/10. Awaiting applicant’s response. Concurrence Agency DTMR response received 17/02/10.




2009-2131 PE Allan AFT Allan Trust & GB Crick AFT Crick Family Trust (KMT)

35 Oak Street, Gympie

Display Yard (Secure Vehicle Storage Yard)

DMS. DN due.

2010-0624 Velmec Pty Ltd (EHO)

110 Duke Street, Gympie

ERA #21 (Motor Vehicle Workshop)

DMS. DN due.

2010-0738 Portcove Pty Ltd (KMT)

46 Young Street, Gympie

Commercial Premises (Office)

Reported to P& D Committee Meeting 03/11/10.

2010-0744 Gympie Cooloola Pet Resort (MKM)

37 Woondum Road, Kybong

Cattery or Kennel (Extension to Existing Kennel) & Community or Open Space (Pet Cemetery)


2010-0903 Woolworths Pty Ltd TFA Project Group (TMS)

92 & 94 River Road, Gympie

Service Station and ERA #8 (Chemical Storage Threshold 3(a) – Storing 10m3 to 50m3 of Chemicals of Class C1 or C2 Combustible Liquids under as 1940 or Dangerous Goods Class 3

Application on hold pending applicants negotiations with DTMR.

2010-0948 Eade (MKM)

67-69 Groundwater Road, Southside

Community Service (Place of Worship)

DMS. Report to P & D Committee Meeting

2010-0977 Harvey (SFC)

6 Imbil Island Road, Imbil

Commercial Premises (Medical Centre) and Dwelling (Caretaker's Residence)

Reported to P&D Committee Meeting 17/11/10.

2010-1017 The Apostolic Church of Queensland (SFC)

Old Maryborough Road, Araluen

Community Service (Place of Worship)


2010-1209 Gympie Regional Council (TMS)

Bayside Road, Tin Can Bay

Public Utility (Waste Transfer Station) & ERA # 62 (Waste transfer station operation)

RFI sent 22/09/10. Awaiting applicant’s response. Concurrence Agency DERM (ERA).

2010-1257 Greenco Pty Ltd (MKM)

33 Pinewood Avenue, Gympie

General Industry (Wrecking Yard)

DMS. DN due.

2010-1281 Woodward (KMT)

3 Queen Street & 68 Channon Street, Gympie

Commercial Premises (Medical Facility) & RAL (Access Easement)

RFI sent 21/09/10. Awaiting applicant’s response. DTMR response received 12/10/10.

2010-1351 Medialoco (SFC)

29A Shields Street, Gympie

Multi-Residential Three (3) Dwelling Units





2010-1555 Robmark Homes Pty Ltd (SFC)

7 Smith St, Glanmire

General Industry Engineering Workshop (Vehicle Conversions)

RFI issued 08/11/10. Awaiting applicant’s response.

2010-1553 I3 Consulting (MKM) eDA

3 Langton Rd, Monkland

General Industry (Commercial showroom for the sale of building and hardware products)

RFI issued 23/11/10. Awaiting applicant’s response. Concurrence Agency DTMR rfi issued 02/11/10.

2010-1520 Building Suncoast Green (SFC)

18 Brisbane Rd, Gympie

Combined MCU - General Industry (Tyre Fitting Workshop) & Operational Works (Stormwater, Earthworks, Landscaping & Driveway)

AN issued 27/10/10. RFI due. Concurrence Agency DTMR rfi issued 05/11/10.

2010-1588 Snapper Creek Fuel & Mechanical (TMS)

130 Emperor Street, Tin Can Bay

ERA #8 (Chemical Storage)

DMS. DN due.

2010-1649 AJ 7 DA Corbet ATF AJ & DA Corbet Family Trust (MKM)

20 Barter Street, Gympie

Commercial Premises (Professional Offices)

RFI issued 08/11/10. Awaiting applicant’s response. Concurrency Agency DTMR.

2010-1651 Pacific Hyundai (KMF)

18 Rowe Street, Gympie

Display Yard AN issued 02/11/10. RFI due. Concurrency Agency DTMR.

2010-1650 Sigma Developments Pty Ltd ATF The Astronomer Developments Trust (SFC)

Groundwater Road, Southside

Display Village (11 Display Homes and Ancillary Car Park)

DMS. DN due.

2010-1653 AM & JJ Sorensen ATF M & J Sorensen Unit Trust (SFC)

169 Wilton Road, Greens Creek

Accommodation Premises (Guest House)

DMS. DN due.

2010-1672 Fineline Residential Design (PKM)

Glory Hill Road, Kybong

Multi-Residential (Dwelling)


2010-1703 Anderson (SFC)

98-102 River Road & 29 Excelsior Road, Gympie

Combined MCU Commercial Premises (Service Station, Showroom & Shop), RAL Subdivision to Create (2) Lots and Two (2) Access Easements from Four (4) Existing Lots & ERA #8.

AN issued 05/11/10. RFI due. Concurrence Agency DTMR.




2010-1729 Opus Mobile Pty Ltd C/- Daly International Pty Ltd (MKM)

21 Olive Street, Goomeri

Public Utility (Telecommunications Facility)


2010-1752 Morrison (MKM)

2 Stanley Street, Gympie

Multi-Residential (Seven (7) Units in Two (2) Stages


2010-1773 Lucken (TMS)

1460 Tin Can Bay Road, Goomboorian

ERA #8 (Chemical Storage)

RFI due.

2010-1551 Monckton (MKM)

577 Rossmore Road, Kilkivan

Caretakers Residence AN and RFI issued 18/11/10. Awaiting applicant’s response. Concurrence Agency DERM (VMA)

2010-1765 Gympie Regional Council (TMS)

Bonnick Road, Gympie

Public Utility – (Expansion of Waste Management Facility)

AN issued 17/11/10. RFI due. Concurrence Agency DERM.

2010-1782 Hart (SFC)

Cnr McVey Road & James Kidd Drive, Gympie

Multi-Residential (Four (4) Units)

RFI due.

2010-1785 Jensen (SFC)

101 Stumm Road, Southside

Multi-Residential (Retirement Village 42 Units) & Dwelling House (Caretakers Residence) and Subdivision to Create Four (4) Additional Lots.

RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1098 Allen-Co Holdings Pty Ltd (KMT)

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

RFI sent 11/11/09. Awaiting applicant’s response. Concurrence Agencies DTMR rfi issued 20/08/10. DERM (VMA) rfi issued 06/09/10 & DERM (EPA-clu) rfi issued 06/09/10.

RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

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


DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Letter sent to DTMR 14/04/10. Awaiting response.

DA17847 Ryan (TMS)

410 Old Maryborough Road, Araluen

Subdivision to Create Four (4) Additional Lots

Letter sent 22/10/10. Requesting applicants intentions due 20/12/10.

SD495 Allen (KMT)

2110 Gympie-Woolooga Road Widgee

Subdivision to Create Seven (7) additional Lots (Stage 2)

RFI sent 11/11/09. Awaiting applicant’s response. Concurrence Agency DTMR response received 23/11/09.

SD518 Hawkins (KMT)

Hawkins Road Widgee

Boundary Realignment

Reported to P&D Committee Meeting 03/06/09. Letter sent 15/06/09 on hold pending amended plans.




2008-0076 Carmichael (KMT)

225 Allen Road, Chatsworth


Meeting held 08/03/10. Application held pending amended proposal plan and geotech report.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/06/09. Referral Agency DMR rfi issued 23/03/09. Advice Agency Energex response received 20/03/09.

2008-1775 Thorpe (KMT)

Craft Road, Veteran

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

Reported to P&D Committee Meeting 15/09/10. Additional information received 14/10/10.

2008-1873 Scott (PKM)

440 Jimbour Road, The Palms


Letter sent 17/08/10. Application held pending response.

2009-0838 Mitchell (SFC)

76 Cliff Jones Road, Curra

Subdivision to Create Two (2) Additional Lots

RFI response due 28/01/11.

2009-1572 Milne (SAC)

63 Groundwater Road, Southside

Subdivision to Create Nine (9) Additional Lots in Two (2) Stages


2009-1487 Cochrane (MKM)

Griffin Road, Victory Heights

Subdivision to Create (22) Additional Lots


2009-1717 Hood (KMF)

885 Glastonbury Road, Glastonbury

Subdivision to Create Four (4) Additional Lots

DMS. DN due. Applicant negotiating with DTMR.

2009-1902 Bay Survey Consultants c/- Greenco Dev P/L (MKM)

Ranson Road, Gympie

Subdivision to Create 156 Lots in 7 Stages

Additional information requested 23/09/10. Concurrence Agency DERM response received 20/09/10.

2009-2072 Koutek (SFC)

152 Scrubby Creek Road, Scrubby Creek


DMS. DN due.

2009-2002 O’Leary & Pearman (SAC)

Glastonbury Road, The Palms

Subdivision to Create Twenty Four (24) Additional Lots

DERM response & DTMR responses received. RFI sent 3/03/10. Awaiting applicant’s response.

2010-0248 Degen (MKM)

159 Tamaree Road Tamaree


RFI not required. Concurrence Agency DERM advise application not properly made 23/03/10.

2010-0290 Stacey (MKM)

37 - 41 Kiaka Road, Lagoon Pocket

Subdivision to Create Eight (8) Additional Lots

AN issued 22/11/10. Concurrence Agency Qld T’port.

2010-0428 Bay Survey Consultants (KMF)

Langton Road, Monkland

Subdivision to Create Eleven Additional Lots

Amended AN & RFI issued 26/08/10. Awaiting applicant’s response. Concurrence & Advice Agency DERM (CLU & Heritage) response received 04/11/10.

2010-0539 Keeldale Pty Ltd (TMS)

95 Mooloo Road, Pie Creek

Subdivision to Create 29 additional Lots

RFI response received 20/08/10. Concurrence Agency DERM (VMA). Advice Agency DERM (Wetlands) rfi issued 09/11/10. Amended AN sent 21/09/10.




2010-0625 Job (MKM)

46 Herron Road, Pie Creek


Concurrence Agency DERM. Amended proposal plans received 07/09/10.

2010-0831 O’Sullivan (SAC)

Curra Estate Road, Curra

Subdivision to Create Nine (9) Additional Lots

DMS. DN due.

2010-0864 Irwin (KMT)

53 Horseshoe Bend, Gympie



2010-1009 Whaite & Clutterbuck (SFC)

4-6 Harding Street, Kilkivan



2010-1184 Lobegeier (TMS)

17 Smerdon Road, Southside



2010-1300 Johnston (SAC)

37 Settlement Road, Curra


DMS. DN due.

2010-1317 Massam (PKM)

187 Rodney Road, Curra


RFI response received 10/11/10. Concurrence Agency DERM (VMA)

2010-1325 Martoo Consulting (SAC)

11 Kauri Court, Chatsworth

Subdivision to Create (3) Three Additional Lots in Two (2) Stages


2010-1404 Drewniak (PKM)

42 Tamaree Road, Tamaree


DMS. DN due.

2010-1409 Ellis (MKM)

Lawson Road, McIntosh Creek


DMS. DN due.

2010-1501 Benckendorff-Malik (KMF)

47 Traveston Road, Traveston

Access Easement DMS. DN due.

2010-1621 Murray & Associates (QLD) Pty Ltd (PKM) eDA

92 Robert Rd, Chatsworth



2010-1596 James & Alexander (SAC)

72 Old Veteran Rd, Gympie



2010-1601 Ahern James Naismith (Gympie) (SFC)

53 Upper Widgee Road, Widgee



2010-1614 Macalister (MKM)

28 Ashford Road, Gympie



2010-1525 Dowling (SFC)

Scrub Rd & Miva Rd, Theebine

Subdivision to Create Two (2) New Lots from Two (2) Existing Lots

RFI due issued 10/11/10. Awaiting applicant’s response.




2010-1617 Pearlbury Pty Ltd (KMF)

690 & 692 Bruce Highway, Kybong


RFI issued 23/11/10. Awaiting applicant’s response. Concurrence Agency DERM. Advice Agency Powerlink

2010-1550 Donald & Ridley (PKM)

10-12 Van Doren Road, Southside



2010-1566 Martin (PKM)

16 Charles Place, Curra



2010-1690 Snow (SAC)

383 Nash Road, Tamaree

Subdivision to Create Six (6) Additional Lots

AN issued 05/11/10. Concurrence Agency DERM (VMA).

2010-1696 Dakin (SAC)

331 Scrub Road, Theebine



2010-1735 Tramacchi (PKM)

55 Johnson Road, Kia Ora



2010-1736 Kratzmann (PKM) eDA

Murgon Gayndah Road, Windera


DMS. DN due.

2010-1772 Jenkins (MKM)

Lehman Road, Traveston



2010-1779 Kimlin Building Group Pty Ltd (PKM)

15 & 17 Environs Avenue, Cooloola Cove


DMS DN due.

2010-1788 N & C Properties Pty Ltd (MKM)

68 Belvedere Road, Veteran



2010-1802 Boaden (PKM)

201 Herron Road, Pie Creek


AN issued 24/11/10. RFI due. Advice Agency DERM

2010-1730 Murray & Associates (QLD) Pty Ltd (TMS) (eDA)

600 Bruce Highway, Chatsworth

Subdivision to Create Nineteen (19) Additional Lots

AN to be issued. RFI due. Concurrence Agency DTMR. (related file DA15764)

2010-1797 Harding (SAC)

454 Old Maryborough Road, Tamaree

Subdivision to Create (1) Additional Lot

RFI issued 18/11/10.

2010-1732 Podberscek & Griffiths (SAC)

30 Diamondfield Road & 4 Busby Street, Amamoor


RFI due.

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

391 Bruce Highway North, Two Mile

Earthworks Preliminary response to RFI received 07/08/09.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

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

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




DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

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

DMS. DN 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.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

Additional information requested 21/01/10. Awaiting applicant’s response.

2008-1682 Lohage (KMT)

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

2009-0297 Niduts Investment Trust (KMF)

Power Road, Widgee

Roadworks RFI extended until 18/03/11. Awaiting applicant’s response.

2009-0970 Ken Hudson & Associates (SAC)

449 Eel Creek Road, Pie Creek

Civil Works for Approved Subdivision

Request for additional information sent 06/10/10. Awaiting applicant’s response.

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

DMS. DN due.

2009-1631 Opus Qantec McWilliam

56 Clematis Street, Gympie

Roadworks RFI sent 16/11/09. Awaiting applicant’s response.

2009-1630 Gympie Horse & Rodeo Assoc Inc (KMF)

Brewery Road, Gympie

Earthworks (Filling) RFI sent 23/12/09. Awaiting applicant’s response. Concurrence Agency DTMR response received 22/01/10.

2009-1663 Sheehy & Partners (TMS)

Queen Elizabeth Drive, Cooloola Cove

Roadworks, Water Infrastructure, Sewerage Infrastructure, Earthworks for Residential Subdivision Stage 3

Request for additional information sent 21/09/10.

2009-2019 Pegasus Biz Pty Ltd (TMS)

Wisteria Lane, Southside

Roadworks, Stormwater, Earthworks, Landscaping, Drainage Works, & Water & Sewerage Infrastructure (Stage 3 of Approved Residential Subdivision)





2009-2058 Pagerose Pty Ltd (KMT)

Hoopers Road, Curra

Roadworks, Stormwater & Earthworks


2009-2104 Tompkins (SAC)

124 Corella Road, Gympie

Roadworks, Stormwater, Earthworks, Water & Sewerage Infrastructure for Approved Subdivision


2010-0918 Campbell (KMF)

6-10 Peaceful Close, Curra

Earthworks for Proposed Dam


2010-1259 AECOM (TMS)

Queen Elizabeth Drive, Cooloola Cove

Landscaping for Approved Subdivision.

DMS. DN due.

2010-1266 Royce Trading Pty Ltd (MKM)

179 Witham Road, The Dawn

Roadworks, Drainage Works, Landscaping, Stormwater & Earthworks

RFI sent 22/10/10. Awaiting applicants response.

2010-1425 Northern Resources Pty Ltd (SFC)

Gate Rd & West Break Roads, Canina

Roadwork & Stormwater Drainage


2010-1697 L & S Lindsay (SAC)

Power Road, Southside

Roadwork & Stormwater Drainage for Approved Subdivision


2010-1698 Maidment Developments Pty Ltd (TMS)

Fairview Drive, Gympie

Roadworks, Stormwater, Earthworks, Landscaping, Water & Sewerage Infrastructure for Residential Subdivision (Stage 10)

RFI due.

2010-1604 Tanner (TMS)

Everson Road, Gympie

Roadworks, Stormwater & Earthworks for Approved Education or Health Premises

RFI due.

2010-1424 Alcock (MKM)

746 East Deep Creek Road, Cedar Pocket

Roadworks, Stormwater, Earthworks, Signage & Clearing of Vegetation

RFI due.

OPERATIONAL WORK – ADVERTISING DEVICES

SIGNS TO BE ASSESSED UNDER LOCAL LAW




BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME 2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 Building Application

2010-1743 Kerr (PKM)

Bull Street, Gunalda

(Class 10a Shed) DMS. DN due.

2010-1795 Silax & Pegasus Biz Pty Ltd (TMS)

Willow Grove Road, Southside

(Siting Variations for Proposed Dwelling Houses)

DMS. DN due.

2010-1764 Arthur Building Solutions (PKM)

175 Rodney Road, Curra

(Bushfire Overlay & Non Compliance of the Dwelling House Code)

DMS. DN due.

COMPLIANCE ASSESSMENT

P08/12/10 Moved: Cr J. Watt Seconded: Cr G.L. Engeman

Recommend that the information be noted.

4/2 Development Applications Approved

Carried.

Cr R.A. Gâté declared a Material Personal Interest in application 2010-1314 in the following item due to being the Vice President of Supporting Chemotherapy In Cooloola Inc. and left the meeting 9.35 a.m.

File: DA18398 Applicant: G. Huba Site Address

: Kimberley Avenue, Southside The proposal is for Reconfiguring a Lot – Subdivision to Create Twelve (12) Additional Lots in Three (3) Stages over Lot 2 SP105951 - Rosewood Court and Lot 4 SP105951. The Amended Decision Notice was approved on 11 November 2010 and issued on 11 November 2010 subject to conditions from the Assessment Manager.



File: 2009-1653 Applicant: L & T Rowlands Site Address: 7 Channon Street, Gympie The proposal is for Material Change of Use - Commercial Premises (Professional Office) over Lot 2 RP40804. The Decision Notice was approved on 18 November 2010 and issued on 18 November 2010 subject to conditions from the Assessment Manager.

File: 2010-0913 Applicant: Peter Foss Site Address: 254 & 256 Nash Road, Tamaree The proposal is for Operational Work – Roadworks and Earthworks for Approved Subdivision over Lot 1 SP173660 & Lot 4 MPH40090. The Decision Notice was approved on 22 November 2010 and issued on 22 November 2010 subject to conditions from the Assessment Manager. File: 2010-1314 Applicant: Hotondo (Gympie) Pty Ltd as Trustee Site Address: Everson Road, Gympie The proposal is for Material Change of Use – Accommodation Premises (Five (5) Accommodation Units and Caretakers Residence) over Lot 2 MPH24364 – The Decision Notice was approved on 9 November 2010 and issued on 9 November 2010 subject to conditions from the Assessment Manager. File: 2010-1352 Applicant: Gary & Lisa Mieran Site Address: 10 Bonnick Road, Gympie The proposal is for Material Change of Use – General Industry (Industrial Shed) over Lot 5 CP815985 – The Decision Notice was approved on 23 November 2010 and issued on 23 November 2010 subject to conditions from the Assessment Manager.



File: 2010-1365 Applicant: Timothy Mills Site Address: Daniel Drive, Pie Creek The proposal is for Operational Work – Stormwater, Earthworks and Driveway Crossover over Lot 11 RP184650. The Decision Notice was approved on 12 November 2010 and issued on 12 November 2010 subject to conditions from the Assessment Manager. File: 2010-1371 Applicant: Colin & Michelle Groundwater & Ronald Thorburn Site Address: 66 Monkland Street, Gympie The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) Lots from (2) Existing Lots over Lot 1 RP2525 & Lot 1 RP59540. The Decision Notice was approved on 16 November 2010 and issued on 16 November 2010 subject to conditions from the Assessment Manager. File: 2010-1448 Applicant: Ryan McLeod Site Address: Jensen Road, Lower Wonga The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) New Lots from Two (2) Existing Titles over Lot 55 LX1036 & Lot 261 LX504 The Decision Notice was approved on 18 November 2010 and issued on 18 November 2010 subject to conditions from the Assessment Manager.

File: 2010-1516 Applicant: Jonathan & Jillian Urlich Site Address: 25 Nicholls Road, Monkland The proposal is for Reconfiguring a Lot – Boundary Realignment [Stage One (1)] & Subdivision to Create One (1) Additional Lot [Stage Two (2)] over Lot 1 MPH30332 & Lot 46 MCH807089. The Decision Notice was approved on 12 November 2010 and issued on 12 November 2010 subject to conditions from the Assessment Manager.



File: 2010-1521 Applicant: Bishopp Outdoor Advertising Pty Ltd Site Address: 314 Chatsworth Road, Two Mile The proposal is for Operational Work – Advertising Device One (1) Freestanding Non-Moving Sign over Lot 100 CP850515. The Decision Notice was approved on 16 November 2010 and issued on 16 November 2010 subject to conditions from the Assessment Manager. File: 2010-1544 Applicant: Pippies Beach House Pty Ltd Site Address: 22 Spectrum Street, Rainbow Beach The proposal is for Operational Work Application – Footpath, Driveway Access and Car Park for approved Accommodation Premises over Lot 4 RB9699. The Decision Notice was approved on 11 November 2010 and issued on 11 November 2010 subject to conditions from the Assessment Manager. File: 2010-1712 Applicant: Trustees of the Christian Brothers (QLD) Site Address: Everson Road, Gympie The proposal is for Reconfiguring a Lot – Lease in Excess of Ten Years over Lot 2 MPH 24364. The Decision Notice was approved on 15 November 2010 and issued on 15 November 2010 subject to conditions from the Assessment Manager. File: 2010-1725 Applicant: Asset Cabins & Homes Pty Ltd Site Address: Cullen Rd, Kilkivan The proposal is for Material Change of Use – Dwelling House (Bushfire Overlay) over Lot 2 MPH25132. The Decision Notice was approved on 15 November 2010 and issued on 15 November 2010 subject to conditions from the Assessment Manager.



File: 2010-1756 Applicant: Oakvale Homes Building Group Pty Ltd Site Address: 19 Thomas Road, Curra The proposal is for Material Change of Use – Dwelling House (Bushfire Overlay) over Lot 1 SP226763. The Decision Notice was approved on 22 November 2010 and issued on 22 November 2010 subject to conditions from the Assessment Manager.

P09/12/10 Moved: Cr J.A. Walker Seconded: Cr A.J. Perrett Recommend that the information be noted. Cr R.A. Gâté returned to the meeting at 9.36 a.m.

SECTION 5: GENERAL MATTERS

5/1 2010-1785 – Request for Reduction of Application Fees - Proposed Development – Material Change of Use – Multi Residential (Retirement Village 42 Units) and Dwelling House (Caretakers Residence) and Reconfiguring a Lot - Subdivision to create Four (4) Additional Lots - 101 Stumm Road, Southside – B. & Y. Jensen

Re: Minute: P10/12/10 Request for Reduction of application fees -

Material Change of Use – Multi Residential (Retirement Village 42 Units) and Dwelling House (Caretakers Residence) and Reconfiguring a Lot - Subdivision to create Four (4) Additional Lots - 101 Stumm Road, Southside

From: B. & Y. Jensen File: 2010-1785 Date: 8 November 2010



‘I refer to the above development application lodged with Council on 3 November, 2010 on behalf of the applicants, Brian and Yvonne Jensen. The application as lodged with Council included application fees totalling $27,904.00 based on fee advice provided by Council and dated 30 September, 2010. Council currently has currently adopted a fee schedule which doubles its normal application fees payable to Council for its assessment of those development applications which are proposing development that is inconsistent with the relevant Council planning scheme. It is understood that this fee schedule has been structured by Council so as to load those applications where, there is the potential for Council to incur increased costs in the assessment and deciding of certain development applications. It is further understood that Council considers that increased costs could sometimes be due to - the complexity of a particular development proposal, the number and/or nature of constraints that need to be considered by Council, the research necessary to assess infrastructure needs for servicing the particular site, and/or the likelihood of Council being a respondent to notice of appeal by an applicant or submitter. The applicants consider that their particular proposal does not warrant a doubling of the normal assessment fees for a range of reasons. As such the applicants request that Council considers applying the normal applicable fees as payable under its current schedule of fees.



The applicants' reasons for making such a request include, but not necessarily limited to, the following: • The sole reason that the Jensen proposal is deemed to be inconsistent under

the Cooloola Shire Planning Scheme 2005 appears to be due to the subject site currently included in the Rural Zone. It appears that Council generally includes land in the Rural Zone to enable and encourage its use for rural and agricultural type pursuits. However around Gympie particularly, Council has also essentially used the rural zoning as a holding zone for that land considered suitable for future urban development. In this regard the applicants would like to highlight relevant matters such as the following : • properties across Stumm Road and to the west of the site are included in

the Housing Zone and its would be logical to assume that the subject site would ultimately be included in a similar zone,

• a strip of land within the site is included in the water supply headworks area under the 2005 Cooloola Shire Planning Scheme and as such servicing should not be a major issue;

• the whole of the site is outside the height of the height of the Q1 00 flood event noting that land potentially subject to flooding, both partially and wholly appears to be a trigger for including certain land in the Rural Zone; and

• Council has previously approved similar applications over Rural Zoned land for urban type development when similar circumstances exist.

• Council's 2005 Cooloola Shire Planning Scheme indicates that the only

area where retirement type villages are consistent uses is in that part of the Housing Zone which is also within a Mixed Housing Preferred Use area. While such a planning intent is appreciated, much of the land within such a Preferred Use Area in the current planning scheme is constrained through existing development, lot size and topography that are no conducive to developing larger retirement type villages which are cost effective and suited for the use and enjoyment by retired persons. Consequently it has become common and logical for the proponents of retirement village type developments to consider land around the periphery of Gympie. The above development application is proposed on such a site.

• The former Cooloola Shire Council together with the Cooloola Regional Development Bureau undertook an extensive study in response to a perceived need in the local community for retirement villages and the like several years ago. This study confirmed, among other things, the local need for such use and the issues in developing suitable larger sites in and around Gympie. Some of the sites considered in this study have been already developed for detached housing and as such unlikely to be ever developed for retirement village type uses. The above development application is a proposal for which Council had envisaged when undertaking such a study and therefore should be encouraged.



• The subject site has been included in the urban footprint under both the

2009 and 2010 drafts of the Wide Bay Burnett Regional Plan which confirms that the State envisaged that the site will also be development for certain urban purposes in the foreseeable future. The proposed development is defined as an urban purpose under the draft regional plan. Conversely the State has not included it in the Regional Landscape and Rural Production Area as such the State does not consider its longer term use to be of a rural nature.

• On the applicants' behalf, a town planner from Martoo Consulting attended a PreApplication (sic) Meeting with Council on 7 September 2010 regarding the above development. The applicants and their consultants appreciated the advice provided by Council staff at this meeting. It would appear that there are limited issues in developing the site and extending infrastructure to service the proposed development on the subject site. This meeting has also assisted in providing the applicants' consultants to prepare a detailed town planning statement and supporting reports which in turn have the potential to reduce Council's time and costs in assessing and deciding this particular development application.

• The proposed use is code assessable development under the 2005 Cooloola Shire Planning Scheme and as such there is no public notification of the applicant. Consequently there is no potential for Council to have to defend a notice of appeal by a submitter.

• The applicants have engaged a professional town planning consultants to prepare and manage the development application. Thus, the proposed development has already been assessed against all relevant codes of the Cooloola Shire Planning Scheme 2005 in a detailed proposal report submitted with the application which also included detailed proposal plans.

• The applicants have engaged a certified civil engineering firm to review the proposal and prepare a stormwater management plan to support the application. Tod Consulting Pty Ltd has liaised with and attended a pre-lodgement meeting with Council's Design Department to assist in their preparation of stormwater management plan. This was submitted with application and will further assist Councils assessment of this particular development application.

• The Sustainable Planning Act 2009 outlines new mandatory information which must be submitted with each application in order to improve the quality of applications and it is understood that this mandatory information helps ensure a reduction in the time taken by Council to assess certain development applications. The application submitted to Council will include all the mandatory information required by SPA before Council commences any technical assessment.

• The practice of local governments doubling their fees for assessing development application has decreased in recent times. It should be noted for example that Sunshine Coast Regional Council no longer doubles its fees for assessing those applications that are inconsistent with its relevant planning scheme.



The applicants therefore requests that Council applies its standard application fees as these would appear to better reflect the level of assessment to be undertaken by Council staff in this particular instance. The applicants, with respect, suggest that the normal fees should apply and consequently there should be no doubling of Council's standard fees.’



Report: (Planning Officer – S.F. Court) 1.0 Introduction The above request was received by Council on 8 November 2010 after the above development application was lodged with Council on 3 November, 2010 on behalf of the applicants, Brian and Yvonne Jensen.



2.0 Fee Quote The request is accompanied by the following fee estimate, provided by Council to the applicants:

Fee Quote

101 Stumm Road Retirement Village 1. MCU component

a. Multi-residential (42 Units) Code (Inconsistent) fee multiplier 2

i. Base Fee: $781.00 ii. First 10 Units: $3,900.00 ii. Second 15 Units: $4,395.00 iii. Next 17 Units: $3,315.00 iv. Sub Total $12,391 x 2 = $24,782.00

b. Total MCU 24,782

2. Reconfiguration component

a. Four (4) Additional Lots i. First 2 Lots: $975.00 ii. Second 2 Lots: $586.00 iii. Sub Total $1,561 x 2 = $3,122

b. Total reconfiguration $3,122

3. Grand Total $27,904 Note site zoned Rural in Gympie Planning Area One Existing Lot Thursday, 30 September 2010 3.0 Assessment The fee quote includes the proposed retirement village (Multi-Residential), subdivision and the current zoning of the development site, which determines the development’s consistency or otherwise with Council’s Planning Scheme. In considering any reduction of the calculated application fee the following comments are relevant: (i) the development proposed is a commercial enterprise to be run at a

profit;



(ii) other major issues such as noise and traffic will also trigger a need to submit detailed expert reports and therefore staff review of this information will be required; and

(iii) investigation into Council’s water and sewerage networks will be

necessitated.

Previous examples of retirement villages which have recently been considered by Council include Custodian Project Services Pty Ltd (2008-1183), Southside Family Village (2008-1316) and Tozer Properties Pty Ltd (2009-2119). Custodian Project Services Pty Ltd (2008-1183) consisted of a Retirement Village, Community Centre, Convenience Store and Medical Centre in the Rural and Housing (Mixed Housing Preferred Use Area) zone located at 196 Old Maryborough Road, Gympie. Minute P36/07/08 recommended and was carried that the application fee be reduced on the basis of the development’s benefits to the community. A reduction of $15 000 was given from $90 000 to $75 000. Southside Family Village (2008-1316) comprised of 15 units and a Managers Residence at 5 Rose Road, Southside. The matter of a fee reduction was considered at Council’s General Meeting on 30 July 2008 (P37/07/08). At this meeting Council resolved the calculated fee of $10 767 was considered warranted and no reduction was granted, which incorporated the 2 x multiple. Tozer Properties Pty Ltd (2009-2119) consisted of 160 retirement village units in the Commercial and Housing (Mixed Housing Preferred Use Area) zones located at Tozer Street and Andrew Street, Gympie. No fee reduction was requested or provided to the applicant, however this site was in the Housing zone (Mixed Housing Preferred Use Area) and thus did not accrue the 2 x multiple. 4.0 Conclusion The fee calculated for the development is not considered excessive and is in line with those charged on other developments.

P10/12/10 Moved: Cr L.J. Friske Seconded: Cr R.J. Dyne Recommend that Council advise the applicants for the proposed retirement village development on Stumm Road that the application fee as outlined in Council’s Schedule of Fees and Charges is considered appropriate given the scale of the development.

Carried.



SECTION 6: MATTERS FOR COUNCIL’S INFORMATION Nil

COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee”

to discuss 1. “In Committee” Items for Council’s Information 2. Application for renewal of Special Lease 21/52325, Lot 131 MCH5093

over Reserve R514, Parish of Curra 3. Application for renewal of Special Lease 21/52349, Lot 17 LX439 & Lot

56 LX1782 over Reserve R225, Parish of Kandanga 4. Application for Renewal of Term Lease 208685, Lot 27 FYI1559 over

part of Reserve R81, Parish of Gallangowan 5. Cooloola Draft Priority Infrastructure Plan 6. Submission to Draft Wide Bay Burnett Regional Plan (October 2010)

P11/12/10 Moved: Cr J. Watt Seconded: Cr L.J. Friske That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider the following matters:- 1. “In Committee” Items for Council’s Information 2. Application for renewal of Special Lease 21/52325, Lot 131

MCH5093 over Reserve R514, Parish of Curra 3. Application for renewal of Special Lease 21/52349, Lot 17 LX439 &

Lot 56 LX1782 over Reserve R225, Parish of Kandanga 4. Application for Renewal of Term Lease 208685, Lot 27 FYI1559 over

part of Reserve R81, Parish of Gallangowan 5. Cooloola Draft Priority Infrastructure Plan 6. Submission to Draft Wide Bay Burnett Regional Plan (October 2010)

Further, that in relation to the provisions of Section 250 of the Act,

Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.



Ms T.M. Stenholm left the meeting at 9.38 a.m. ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 9.50 a.m. RESUMPTION OF MEETING The meeting resumed at 10.06 a.m. Cr R.J. Dyne was not present when the meeting recommenced. Mr N. Weller (Manager Major Projects) entered the meeting at 10.06 a.m. Cr R.J. Dyne returned to the meeting at 10.09 a.m. Cr J.A. Walker left the meeting at 10.23 a.m. and returned to the meeting at

10.25 a.m. Mr N. Weller left the meeting at 10.25 a.m. “In-Committee” Appointment attendees entered the meeting at 10.25 a.m. Cr I.T. Petersen left the meeting at 11.15 a.m. Cr I.T. Petersen vacated the Chair and Cr J. Watt (Proxy Chairman) assumed

the role of Chairman of the meeting. Cr I.T. Petersen returned to the meeting at 11.20 a.m. and Cr J. Watt vacated

the Chair and Cr I.T. Petersen resumed the role of Chairman of the meeting. “In-Committee” Appointment attendees and left the meeting at 11.30 a.m. ADJOURNMENT OF MEETING The meeting adjourned for lunch at 11.30 a.m. RESUMPTION OF MEETING The meeting resumed at 12.00 p.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt, Mr M. Hartley (Director of Planning & Development) and Ms K. Sullivan (Minutes Secretary).

Cr R.A. Gâté not present when the meeting recommenced. Mrs K.M. Toomey (Principle Planner) entered the meeting at 12.00 p.m. Cr R.A. Gâté returned to the meeting at 12.10 p.m. Cr L.J. Friske left the meeting at 1.09 p.m. and returned to the meeting at

1.11 p.m.



COUNCIL OUT OF COMMITTEE P12/12/10 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson That proceedings be resumed in Open Council. Carried.

SECTION 7: “IN COMMITTEE” ITEMS

7/1 “In Committee” Items for Council’s Information P13/12/10 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker

Recommend that Council notes the contents of the correspondence.

Carried. 7/2 Application for renewal of Special Lease 21/52325, Lot 131 MCH5093 over

Reserve R514, Parish of Curra

P14/12/10 Moved: Cr D.R. Neilson Seconded: Cr R.A. Gâté

Recommend that Council advise the Department of Environment and Resource Management: (i) there are no objections to the renewal of Special Lease 21/52325; (ii) that Reserve R514 is not required for its gazetted purpose of

camping; and, (iii) that a Special Lease is a suitable lease arrangement for Lot 131

MCH5093.

Further, it is recommended that Council requests that the Department of Environment and Resource Management puts measures in place to protect the sites Remnant Vegetation.

Carried.



7/3 Application for renewal of Special Lease 21/52349, Lot 17 LX439 & Lot 56

LX1782 over Reserve R225, Parish of Kandanga

P15/12/10 Moved: Cr J. Watt Seconded: Cr J.A. Walker

Recommend that Council advise the Department of Environment and Resource Management: (i) there are no objections to the renewal of Special Lease 21/52349; (ii) that Reserve R225 is still required for its gazetted purpose of camping

and water; and that a Special Lease is a suitable lease arrangement for Lot 17 LX439 and Lot 56 LX1782.

Further, it is recommended that during the planning scheme review, Council considers rezoning Lot 17 LX495 from Rural to Community or similar.

Carried.

7/4 Application for Renewal of Term Lease 208685, Lot 27 FYI1559 over part of

Reserve R81, Parish of Gallangowan

P16/12/10 Moved: Cr A.J. Perrett Seconded: Cr R.J. Dyne

Recommend that Council advise the Department of Environment and Resource Management: (i) there are no objections to the renewal of Term Lease 208685; (ii) that Reserve R81 is still required for its gazetted purpose of camping

and water; and (iii) that a Term Lease is a suitable lease arrangement for Lot 27

FYI1559. Carried.



7/5 Cooloola Draft Priority Infrastructure Plan

P17/12/10 Moved: Cr G.L. Engeman Seconded: Cr D.R. Neilson

Recommend that Council notes the progress report on the Priority Infrastructure Planning process for Cooloola Planning Scheme and endorses the proposed Infrastructure Charges Schedules for the Water Supply, Sewerage and Transport Trunk Infrastructure Networks as nominated in the main report to the Planning and development Committee meeting of 17-11-2010 subject to agreement from the State Government of the planning assumptions and priority infrastructure areas.

Carried.

7/6 Submission to Draft Wide Bay Burnett Regional Plan (October 2010) P18/12/10 Moved: Cr G.L. Engeman Seconded: Cr R.J. Dyne

Recommend that the Director of Planning and Development be authorised to prepare and lodge a submission on behalf of Council, with the Department of Infrastructure and Planning requesting amendments to the Draft Wide Bay Burnett Regional Plan and Draft Wide Bay Burnett State Planning Regulatory Provisions 2010 and Regulatory Maps (2010). Further that a public meeting and appropriate media coverage be organised alerting the community to the Draft Wide Bay Burnett Regional Plan and the closing date for submissions of 24 December 2010. Further that Council endorse the GHD’s submission on the Draft Wide Bay Burnett Regional Plan. Further that Council support the Pradella Property Ventures submission on the Draft Wide Bay Burnett Regional Plan in respect of areas 1 and 2 only.

Carried. SECTION 8: GENERAL BUSINESS Nil



SECTION 9: ATTACHMENTS Nil

There being no further business the meeting closed at 1.20 p.m.

CONFIRMED THIS THE EIGHTH DAY OF DECEMBER 2010.

_____________________________________________ Cr I.T. Petersen

Chairman

Documents

2010-12-01 Planning & Development Committee Meeting …€¦ · PROPOSAL: Material Change of ... Motor Showroom ... Planning & Development Committee Meeting – 1 December 2010 -