9 Van Moolenbroeks Road, Balnagowan · • Any referral agency’s response for the application; On this basis, the planning framework and associated provisions that are applicable

9 Van Moolenbroeks Road,

Balnagowan Lot 26 on SP167457

ROK Properties Pty Ltd

Preliminary Approval for Material Change of Use & Reconfiguring a Lot

pursuant to section 242 of the Sustainable Planning Act 2009 (Qld) for

varying the effect of the Mackay City Planning Scheme 2006

(Consolidated Planning Scheme including Amendment 3)

Document Management

Document Information

Job Number: 32313

Document Title: Assessment Report

Document Reference (if appropriate):

Authors

Name (Initial) Title Date

Prepared: JD Regional Planning Manager 29/06/2017

Reviewed: JG Senior Planner 30/06/2017

Approved: JD Regional Planning Manager 30/06/2017

Release Information

Version Date Released Pages Affected Remarks

V1.0 30/06/2017 ALL DA Lodgement

Contact Details

All queries regarding this document should be directed to the undersigned in the first instance.

Project Manager

Jimmy Duncan

Telephone: 07 4951 2911

Email: [email protected]

Fax:

Mobile: 0447 416 132

mailto:[email protected]

Table of Contents

1.0 Application Summary ............................................................................................................................ 4

1.1 Purpose _____________________________________________________________________________ 4

1.2 Principal Site Details __________________________________________________________________ 4

1.3 Application Details ____________________________________________________________________ 4

1.4 Prelodgement Meeting ________________________________________________________________ 5

1.5 Grounds for Approval _________________________________________________________________ 5

2.0 Site & Development Details ................................................................................................................... 6

2.1 Site Characteristics ___________________________________________________________________ 6

2.2 Site Analysis _________________________________________________________________________ 8

2.3 Planning Scheme Designation _________________________________________________________ 9

2.4 Proposed Development – Section 242 Preliminary Approval ______________________________ 10

3.0 Planning Framework & Assessment .................................................................................................... 12

3.1 Planning Framework _________________________________________________________________ 12

3.2 Mackay City Planning Scheme 2006 ___________________________________________________ 13

3.3 State Planning Policy ________________________________________________________________ 15

3.4 State Development Assessment Provisions _____________________________________________ 16

3.5 Adopted Infrastructure Charges _______________________________________________________ 17

4.0 Conclusion of Assessment .................................................................................................................. 18

4.1 Statement of Sufficient Grounds _______________________________________________________ 18

4.2 Conclusion __________________________________________________________________________ 18

5.0 Appendices ......................................................................................................................................... 19

Appendix 1 – IDAS Forms ___________________________________________________________________ 19

Appendix 2 – Registered Survey Plans ________________________________________________________ 19

Appendix 3 – Current Title ___________________________________________________________________ 19

Appendix 4 – Proposal Plan __________________________________________________________________ 19

Appendix 5 – Prelodgement Meeting Request __________________________________________________ 19

Appendix 6 – Mackay City Planning Scheme DEO and Codes ___________________________________ 19

Appendix 7 – SDAP Codes __________________________________________________________________ 19

Appendix 8 – The Meadows Equestrian Estate Development Code _______________________________ 19

1.0 Application Summary

1.1 Purpose

Veris has been commissioned by ROK Properties Pty Ltd (‘the applicant’) to prepare and lodge an application

for a Preliminary Approval for Material Change of Use & Reconfiguring a Lot pursuant to section 242 of the

Sustainable Planning Act 2009 (Qld) for varying the effect of the Mackay City Planning Scheme 2006

(Consolidated Planning Scheme including Amendment 3).

1.2 Principal Site Details

A summary of the principal subject site is outlined in the table below:

Real Property Description Lot 26 on SP167457

Address 9 Van Moolenbroeks Road, Balnagowan

Owner ROK Properties Pty Ltd as Trustee Under Instrument 71310164

Lot Area 37.2 hectares

Existing Uses Dwelling House, Sheds, Equestrian facilities, and horse agistment

Local Government Authority Mackay Regional Council

Current Planning Scheme Mackay City Planning Scheme 2006 (Consolidated Planning Scheme)

Planning Scheme Designation Rural Zone

Mapping Overlays Bushfire Management; Development on Steep Land; GQAL

1.3 Application Details

Development Type Preliminary Approval for a Material Change of Use and Reconfiguring a Lot pursuant to section 242 of the Sustainable Planning Act 2009.

Level of Assessment Impact Assessable Development

Public Notification Requirements

30 business days as development is the subject of an application for a preliminary approval mentioned in Section 242 of SPA

Proposal Summary s242 Preliminary Approval to facilitate future equestrian themed residential estate & associated equestrian related uses as per The Meadows Equestrian Estate Development Code.

Referral Agencies SARA: Schedule 7 Table 2 (Item 2) – State-Controlled Road

Schedule 7 Table 3 (Item 1) – State-Controlled Road

Applicant ROK Properties Pty Ltd

Applicant's Representative c/- Veris PO Box 158 Mackay QLD 4740

(07) 4951 2911

[email protected]

Relevant Plans Plan of Development 32313 POD01 Rev B, prepared by Veris;

The Meadows Equestrian Estate Development Code, prepared by Veris

1.4 Prelodgement Meeting

A prelodgement meeting was held with Council on 19 April 2017. In principle, Council supported the application.

A copy of the prelodgement meeting minutes is contained within Appendix 5.

1.5 Grounds for Approval

• This assessment of the proposed development application has reviewed the relevant State, Regional

and local planning instruments as they relate to the development of the property.

• The proposal is to create a unique high quality equestrian themed living development that delivers

upmarket equestrian facilities to residents, and the wider community.

• The proposal satisfies an overriding community need for a facility of this nature, as demonstrated by the

letters of the support from the Mackay Turf Club, Mackay Show Association and Mackay Pony Club.

• The proposal complies with the purpose of the Rural Zone Code;

• The proposal complies with the overall outcomes of the Rural Zone Code;

• The proposal complies with the relevant Performance Outcomes of the Reconfiguration a Lot Code,

Environment & Infrastructure Code, Landscaping Code and Transport & Parking Code of the Mackay

City Planning Scheme 2006;

• The rural residential amenity of the area is maintained and the creation of future lots will integrate into

the existing lot configuration of the surrounding area;

• The site is provided with suitable infrastructure to service future development; and

• The site is not at an unacceptable risk of natural hazards.


2.0 Site & Development Details

2.1 Site Characteristics

The subject site is located at 9 Van Moolenbroek Road, Balnagowan described as Lot 26 on SP167457.

Figure 1: Site Lot Details (SmartMap, 2017)

Table 1 summarises the surrounding urban fabric.

Table 1 – Land uses surrounding the subject sites.

Direction Land Use

North Small size rural lots between 20 and 40 hectares, and rural residential

lots between 1 and 15 hectares.

East Rural residential development on Sugarloaf Drive approximately 1 to

2 hectares in size.

West Rural residential development on Erinagh Road approximately 1 to 2

hectares in size.

South Large rural residential lots approximately 15 hectares in size.

Figure 2 shows the site in the context of the surrounding land uses.

Figure 2: Site Aerial (Google Earth, 2017/QLD Globe 2017)

2.2 Site Analysis

The following section details an analysis of the site with regards to its features and the immediate vicinity.

2.2.1 Ownership & Tenure

The registered owners of the site are ROK Properties Pty Ltd as Trustee Under Instrument 71310164. Refer to

Current Title Search in Appendix 3.

2.2.2 Easements, Encumbrances & Interests

Part of the land, on which a sugar cane railway line traverses, is subject to a lease to Mackay Sugar Co-

Operative Association Limited. The proposed development will not impact this lease.

2.2.3 Existing Land Use

The site contains an existing dwelling, sheds and equestrian infrastructure, such as undercover arenas and

round yards. There are also dams on the site, and paddocks used for agistment of horses.

2.2.4 Roads and Site Access

The site has direct access to Van Moolenbroeks Road and Glenora Drive. There are existing crossovers to the

site that services the existing uses.

2.2.5 General Topography

The site is generally flat with a mild rise in elevation to the rear of the property.

2.2.6 Existing Service Arrangements

The property is outside the serviced sewer and water network area. Electricity is available at the western corner

of the property. The property is within the NBN fixed wireless network coverage area.

2.2.7 Existing Significant Vegetation

The site contains a few scattered trees of little environmental significance.

2.2.8 Stormwater

Overland flows are managed within the site, with numerous legal points of discharge including Council road.

2.3 Planning Scheme Designation

The site is covered under the Mackay City Council Planning Scheme 2006 and included in the Rural Zone.

Figure 3: Subject Lot shown on Zoning Map extract (Source: Mackay City Planning Scheme 2006)

2.4 Proposed Development – Section 242 Preliminary Approval

This development application to Mackay Regional Council seeks Preliminary Approval for a Material Change of

Use and Reconfiguring a Lot pursuant to section 242 of the Sustainable Planning Act 2009 varying the effect of

the Mackay City Planning Scheme 2006 (Consolidated Planning Scheme including Amendment 3).

In order to vary the Scheme, it is proposed that the future material change of use and reconfiguration of lot

development shall be in accordance with the provisions of The Meadows Equestrian Estate Development Code

(Appendix 8). Further, this application will override the application of overlays to future development (based on

approval of these within this application).

The purpose of this Development Code is to detail relevant planning and design provisions that will apply to the

future development of the site. It is not intended to over-ride all aspects of the Scheme. Where not included in

this Development Code, the relevant provisions of the Scheme shall apply.

This Development Code provides an approval framework including levels of assessment, performance

outcomes and acceptable outcomes, and relevant overlay provisions on the site.

It achieves this by detailing:

• Site specific precinct categories;

• The type of development which may occur;

• An assessment code against which development applications will be assessed; and

• How the Development Code will vary the current Mackay City Planning Scheme 2006.

The Development Code includes, amongst other provisions, a Plan of Development that provides guidance on

the spatial aspects of the code.

The Development Code seeks to deliver on the higher order provisions of the Scheme through the facilitation of

a high quality equestrian themed living development that delivers upmarket equestrian facilities to residents, and

the wider community.

The Assessment Code within the Meadows Equestrian Estate Development Code contains Performance

Outcomes and Acceptable Outcomes consistent with the Draft Mackay Regional Planning Scheme which is due

to commence on 23 July 2017.

Figure 4: Extract of Plan of Development (Veris 2017)

3.0 Planning Framework & Assessment

3.1 Planning Framework

As described within Section 314(2) of the Sustainable Planning Act 2009, the Assessment Manager must

assess the part of the application against each of the following relevant matters:

• The State planning regulatory provisions;

• The Regional Plan for a designated region, to the extent it is not identified in the Planning Scheme as

being appropriately reflected in the Planning Scheme;

• Any applicable codes, other than concurrence agency codes the assessment manager does not apply,

that are identified as a code for IDAS under this or another Act;

• State Planning Policies, to the extent the policies are not identified in any relevant regional plan as being

appropriately reflected in the regional plan; or the planning scheme as being appropriately reflected in the

planning scheme;

• A temporary local planning instrument; or a preliminary approval to which section 242 applies; or a

planning scheme;

• If the assessment manager is an infrastructure provider – the priority infrastructure plan.

In accordance with Section 314(3) of the Sustainable Planning Act 2009, in determining this Impact Assessable

planning application, the Assessment Manager (i.e. Whitsunday Regional Council) must also have regard to:

• The common material;

• Any development approval for, and any lawful use of, premises the subject of the application;

• Any referral agency’s response for the application;

On this basis, the planning framework and associated provisions that are applicable in this assessment are:

1. The Mackay City Planning Scheme (Consolidated) 2006.

2. State Planning Policy

3. State Development Assessment Provisions.

3.2 Mackay City Planning Scheme 2006

The Mackay City Council Planning Scheme (Consolidated) 2006 is the current, applicable document for planning

assessment for applications. For the purposes of the current application, the following elements will be

assessed:

• Desired Environmental Outcomes;

• Overall Outcomes and Code for the Mackay Hinterland Locality;

• Rural Zone Overall Outcomes and Rural Zone Code;

• Reconfiguring a Lot Code;

• Environment & Infrastructure Code;

• Bushfire Management Overlay Code;

• Development on Steep Land Overlay Code;

• Good Quality Agricultural Land Overlay Code

3.2.1 Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) of the Planning Scheme are complied with, as discussed below:

a) Biodiversity and Habitat/Natural Features

The subject site does not contain any significant natural features as outlined in the Planning Scheme.

Furthermore, the site does not contain remnant vegetation, steep land, or wetlands. The good quality

agricultural land will continue to be used in most part by equestrian uses.

b) Cultural Heritage & Landscape Character

The subject site does not contain any places of cultural heritage or notable features of landscape

character.

c) Economic Development

The intent of this DEO is to prevent incompatible land uses being established. The Planning Scheme

identifies the site as being suitable for rural based uses, such as equestrian development. The proposal

is for equestrian themed facilities, which is a rural activity, and therefore the proposal complies with the

intent of this DEO.

d) Amenity and Community Well-being

The proposal will not compromise the intent of this DEO, which is to ensure the amenity and well-being

of the community is preserved. The equestrian themed development is consistent with the surrounding

area.

e) Infrastructure and Urban Growth

The proposal will not compromise the intent of this DEO, which is to ensure the pattern and rate of urban

growth is sustainable and meets the needs of the community.

The proposal therefore complies with the intent of the DEOs.

3.2.2 Overall Outcomes for the Mackay Hinterland Locality

The proposal achieves the Overall Outcomes of the Mackay Hinterland Locality Code by:

• providing a unique development that will enhance the amenity, biodiversity, habitat, landscape or

heritage character values of the City;

• ensuring the use and development of rural land includes management based on sustainable practices;

• providing development that is keeping with the role and function of the road network in terms of its scale

and intensity;

• providing a density which is commensurate with the low density scale of existing development.

An assessment against the Specific Outcomes and Probable Solutions of the Mackay Hinterland Locality Code

is included in Appendix 6. The proposal complies with all aspects of this Code.

3.2.3 Rural Zone Code An assessment against the Specific Outcomes and Probable Solutions of the Rural Zone Code is included in

Appendix 6. The proposal complies with all aspects of this Code.

3.2.4 Reconfiguring a Lot Code

An assessment against the Specific Outcomes and Probable Solutions of the Reconfiguring a Lot Code is

included in Appendix 6. The proposal complies with all aspects of this Code.

3.2.5 Environment & Infrastructure Code

An assessment against the Specific Outcomes and Probable Solutions of the Infrastructure Code is included in

Appendix 6. The proposal complies with all aspects of this Code.

3.2.6 Overlay Codes

The following Overlay Codes are applicable, and are addressed in Appendix 6. The proposal complies with all

aspects of the Overlay Codes

Table 3 – Planning Scheme Overlay Codes

Overlay Codes

Bushfire Management Applicable

Coastal Management & Biodiversity Not applicable

Character/Heritage Protection Not applicable

Development in the Vicinity of Mackay Airport Not applicable

Development on Steep Land Applicable

Flood and Inundation Management Not applicable

Good Quality Agricultural Land Applicable

Landscape Character Not applicable

Acid Sulfate Soils Not applicable

3.3 State Planning Policy

The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state interest

in land use planning and development assessment. Through the SPP, the state sets out the interests that must

be addressed through local government planning schemes, regional plans and when making decisions about the

designation of land for community infrastructure. The SPP establishes policies around matters of State

significance including liveable communities and housing, economic growth, environment and heritage, safety

and resilience to hazards and infrastructure.

Figure 5 – Matters of State Interests (source – Single State Planning Policy)

There are no relevant provisions of the SPP applicable to this development application.

3.4 State Development Assessment Provisions

The State Development Assessment Provisions (SDAP) sets out the matters to the State for development

assessment. An assessment against the application modules of the SDAP is included in Appendix 7.

Table 4 – SDAP Codes applicable to the proposed development.

SDAP Codes

Module 1 – Community amenity Applicable

Module 2 – Regional plans Not applicable

Module 3 – Aquaculture Not applicable

Module 4 – Environmentally relevant activities Not applicable

Module 5 – Fisheries resources Not applicable

Module 6 – Strategic cropping land Not applicable

Module 7 – Water resources Not applicable

Module 8 – Native vegetation clearing Not applicable

Module 9 – Queensland heritage Not applicable

Module 10 – Coastal protection Not applicable

Module 11 – Wetland protection area Not applicable

Module 12 – Unexploded ordnance (UXO) Not applicable

Module 13 – Major hazard facilities Not applicable

Module 14 – Maritime safety Not applicable

Module 15 – Airports Not applicable

Module 16 – Referable dams Not applicable

Module 17 – Public passenger transport Not applicable

Module 18 – State transport infrastructure protection Applicable

Module 19 – State transport network functionality Applicable

Module 20 – Wind farm development Not applicable

3.5 Adopted Infrastructure Charges

The site is located outside the Priority Infrastructure Area (PIA) and therefore the proposed development is not

subject to Adopted Infrastructure Charges.

It is understood Council will condition the development for a monetary contribution towards roads, however it is

fair and reasonable to delay the imposition of infrastructure charges until future Material Change of Use and

Reconfiguring a Lot development applications.

4.0 Conclusion of Assessment

4.1 Statement of Sufficient Grounds

Section 329 of SPA requires that the Assessment Manager’s decision must not conflict with a relevant

instrument unless there are sufficient grounds to justify the decision, despite the conflict.

Having regard to the assessment of the development against the relevant planning framework contained in this

report, it is concluded that there are sufficient grounds to warrant its approval as follows:

• This assessment of the proposed development application has reviewed the relevant State, Regional

and local planning instruments as they relate to the development of the property.

• The proposal is to create a unique high quality equestrian themed living development that delivers

upmarket equestrian facilities to residents, and the wider community.

• The proposal satisfies an overriding community need for a facility of this nature, as demonstrated by the

letters of the support from the Mackay Turf Club, Mackay Show Association and Mackay Pony Club.

• The proposal complies with the purpose of the Rural Zone Code;

• The proposal complies with the overall outcomes of the Rural Zone Code;

• The proposal complies with the relevant Performance Outcomes of the Reconfiguration a Lot Code,

Environment & Infrastructure Code, Landscaping Code and Transport & Parking Code of the Mackay

City Planning Scheme 2006;

• The rural residential amenity of the area is maintained and the creation of future lots will integrate into

the existing lot configuration of the surrounding area;

• The site is provided with suitable infrastructure to service future development; and

• The site is not at an unacceptable risk of natural hazards.

4.2 Conclusion

It is considered that the site’s constraints have been effectively managed to allow for this development to occur,

without compromising the purpose of the Mackay City Council Planning Scheme 2006 or the Sustainable

Planning Act 2009.

It is recommended that the proposed development be considered favourably by Council and approved subject to

reasonable and relevant conditions.

5.0 Appendices

Appendix 1 – IDAS Forms

Appendix 2 – Registered Survey Plans

Appendix 3 – Current Title

Appendix 4 – Proposal Plan

Appendix 5 – Prelodgement Meeting Request

Appendix 6 – Mackay City Planning Scheme DEO and Codes

Appendix 7 – SDAP Codes

Appendix 8 – The Meadows Equestrian Estate Development Code

Appendix 1: IDAS Forms

IDAS form 1—Application details (Sustainable Planning Act 2009 version 4.3 effective 5 December 2016)

This form must be used for ALL development applications.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must: complete this form (IDAS form 1—Application details) complete any other forms relevant to your application provide any mandatory supporting information identified on the forms as being required to accompany your

application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form and any other IDAS form relevant to your application must be used for development applications relating to strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.

PLEASE NOTE: This form is not required to accompany requests for compliance assessment.

Mandatory requirements

Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.)

Name/s (individual or company name in full) ROK Properties Pty Ltd

For companies, contact name Jimmy Duncan

Postal address C/- Veris

PO Box 158

Suburb Mackay

State QLD Postcode 4740

Country Australia

Contact phone number (07) 4951 2911

Mobile number (non-mandatory requirement) -

Fax number (non-mandatory requirement) -

IDAS form 1—Application details Version 4.3—5 December 2016

Email address (non-mandatory requirement) j.duncan

@ veris.com.au

Applicant’s reference number (non-mandatory requirement)

32313

1. What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

a) What is the nature of the development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)

Preliminary approval under s241 of SPA

Preliminary approval under s241 and s242 of SPA

Development permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

Equestrian themed development

d) What is the level of assessment? (Please only tick one box.)

Impact assessment

Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional aspects of the application.)

a) What is the nature of development? (Please only tick one box.)




Preliminary approval under s241 of SPA

Preliminary approval under s241 and s242 of SPA

Development permit


d) What is the level of assessment?

Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.)

Refer attached schedule

Not required


2. Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water.) (Attach a separate schedule if there is insufficient space in this table.)

Street address and lot on plan (All lots must be listed.)

Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.)

Street address Lot on plan description Local government area (e.g. Logan, Cairns)

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

i) 9 Van Moolenbroeks Road, Balnagowan

4740 26 SP167457 Mackay

ii)

iii)

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory)

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

i) Rural Hinterland Locality Bushfire Management

ii) Pioneer River & Southern Streams Precinct

Development on Steep Land

iii) Good Quality Agricultural Land

Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.)

Coordinates (Note: place each set of coordinates in a separate row)

Zone reference

Datum Local government area (if applicable)

Easting Northing Latitude Longitude

GDA94

WGS84

other

3. Total area of land on which the development is proposed (indicate square metres)

37.2 ha

4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)

Equestrian facilities & horse agistment


5. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-mandatory requirement)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

No

Yes—complete either Table F, Table G or Table H as applicable

Table F

Name of owner/s of the land

I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table G


The owner’s written consent is attached or will be provided separately to the assessment manager.

Table H

Name of owner/s of the land ROK Properties Pty Ltd

By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

7. Identify if any of the following apply to the premises (Tick applicable box/es.)

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I

On strategic port land under the Transport Infrastructure Act 1994—complete Table J

In a tidal water area—complete Table K

On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.)

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 (no table requires completion)

Table I

Name of water body, watercourse or aquifer

Proserpine River


Table J

Lot on plan description for strategic port land Port authority for the lot

Table K

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

8. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc)

No Yes—ensure the type, location and dimension of each easement is included in the plans submitted

9. Does the proposal include new building work or operational work on the premises? (Including any services)

No Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

10. Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.)

No—go to question 11 Yes

10a. Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.)

No

Yes—complete Table L and submit, with this application, the local government/private certifier’s copy of the accepted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L, P or S)

11. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes—please provide details below

Name of local government Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)


12. List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application)

Description of attachment or title of attachment Method of lodgement to assessment manager

Planning Report and Appendices Dropbox link via email

13. Applicant’s declaration

By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to provide false or misleading information)

Notes for completing this form Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application.

Note, the assessment manager has discretion to accept an application as properly made despite any non-compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009

Applicant details Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1 Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of

assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required.

Question 6 Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for

an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences.

Question 7 If the premises is listed on either the Contaminated Land Register (CLR) or the Environmental

Management Register (EMR) under the Environmental Protection Act 1994 it may be necessary to seek compliance assessment. Schedule 18 of the Sustainable Planning Regulation 2009 identifies where compliance assessment is required.

Question 10 The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long

service leave levy is payable. The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy

are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2013.


Question 10a The portable long service leave levy need not be paid when the application is made, but the Building and

Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

Building and construction industry notification and payment forms can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481.

Privacy—The information collected in this form will be used by the Department of Infrastructure, Local Government and Planning (DILGP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002. OFFICE USE ONLY

Date received Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. I have been engaged as the private certifier for the building work referred to in this application

Date of engagement Name BSA Certification license number

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form

The Sustainable Planning Act 2009 is administered by the Department of Infrastructure, Local Government and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

IDAS form 5—Material change of use assessable

against a planning scheme (Sustainable Planning Act 2009 version 3.1 effective 3 August 2015)

This form must be used for development applications for a material change of use assessable against a planning scheme.


For all development applications, you must:

• complete IDAS form 1—Application details

• complete any other forms relevant to your application

• provide any mandatory supporting information identified on the forms as being required to accompany your application.



This form must also be used for material change of use on strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008 that requires assessment against the land use plan for that land. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.


1. Describe the proposed use. (Note: this is to provide additional detail to the information provided in question 1 of IDAS form 1—Application details. Attach a separate schedule if there is insufficient space in this table.)

General explanation of the proposed use

Planning scheme definition (include each definition in a new row) (non-mandatory)

No. of dwelling units (if applicable) or gross floor area (if applicable)

Days and hours of operation (if applicable)

No. of employees (if applicable)

S242 Preliminary Approval to facilitate future equestrian themed residential estate & associated equestrian related uses.

Refer to The Meadows Equestrian Estate Development Code

Subject to future MCU/ROL detailed design

Na Refer to planning report

2. Are there any current approvals associated with the proposed material change of use? (e.g. a preliminary approval.)



IDAS form 5—Material change of use assessable against a planning scheme

Version 3.1—3 August 2015

3. Does the proposed use involve the following? (Tick all applicable boxes.)

The reuse of existing buildings on the premises No Yes

New building work on the premises No Yes

The reuse of existing operational work on the premises No Yes

New operational work on the premises No Yes

Mandatory supporting information

4. Confirm that the following mandatory supporting information accompanies this application

Mandatory supporting information Confirmation of lodgement

Method of lodgement

All applications

A site plan drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which shows the following:

• the location and site area of the land to which the application relates (relevant land)

• the north point

• the boundaries of the relevant land

• any road frontages of the relevant land, including the name of the road

• the location and use of any existing or proposed buildings or structures on the relevant land (note: where extensive demolition or new buildings are proposed, two separate plans [an existing site plan and proposed site plan] may be appropriate)

• any existing or proposed easements on the relevant land and their function

• the location and use of buildings on land adjoining the relevant land

• all vehicle access points and any existing or proposed car parking areas on the relevant land. Car parking spaces for persons with disabilities and any service vehicle access and parking should be clearly marked

• for any new building on the relevant land, the location of refuse storage

• the location of any proposed retaining walls on the relevant land and their height

• the location of any proposed landscaping on the relevant land

• the location of any stormwater detention on the relevant land.

Confirmed eApplications

A statement about how the proposed development addresses the local government’s planning scheme and any other planning instruments or documents relevant to the application.


A statement about the intensity and scale of the proposed use (e.g. number of visitors, number of seats, capacity of storage area etc.).


Information that states:

• the existing or proposed floor area, site cover, maximum number of storeys and maximum height above natural ground level for existing or new buildings (e.g. information regarding existing buildings but not being reused)

• the existing or proposed number of on-site car parking bays, type of vehicle cross-over (for non-residential uses) and vehicular servicing arrangement (for non-residential uses).

Confirmed

Not applicable

eApplications

IDAS form 5—Material change of use assessable against a planning scheme

Version 3.1—3 August 2015

A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed

Not applicable

Dropbox link via email

When the application involves the reuse of existing buildings

Plans showing the size, location, existing floor area, existing site cover, existing maximum number of storeys and existing maximum height above natural ground level of the buildings to be reused.

Confirmed

Not applicable

When the application involves new building work (including extensions)

Floor plans drawn to an appropriate scale (1:50, 1:100 or 1:200 are recommended scales) which show the following:

• the north point

• the intended use of each area on the floor plan (for commercial, industrial or mixed use developments only)

• the room layout (for residential development only) with all rooms clearly labelled

• the existing and the proposed built form (for extensions only)

• the gross floor area of each proposed floor area.

Confirmed

Elevations drawn to an appropriate scale (1:100, 1:200 or 1:500 are recommended scales) which show plans of all building elevations and facades, clearly labelled to identify orientation (e.g. north elevation)

Confirmed

Plans showing the size, location, proposed site cover, proposed maximum number of storeys, and proposed maximum height above natural ground level of the proposed new building work.

Confirmed

Not applicable

When the application involves reuse of other existing work

Plans showing the nature, location, number of on-site car parking bays, existing area of landscaping, existing type of vehicular cross-over (non-residential uses), and existing type of vehicular servicing arrangement (non-residential uses) of the work to be reused.

Confirmed

Not applicable

When the application involves new operational work

Plans showing the nature, location, number of new on-site car parking bays, proposed area of new landscaping, proposed type of new vehicle cross-over (non-residential uses), proposed maximum new vehicular servicing arrangement (non-residential uses) of the proposed new operational work.

Confirmed

Not applicable

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY



IDAS form 7—Reconfiguring a lot (Sustainable Planning Act 2009 version 3.2 effective3 August 2015)

This form must be used for development applications or requests for compliance assessment for reconfiguring a lot.


For all development applications, you must:

• complete IDAS form 1—Application details

• complete any other forms relevant to your application

• provide any mandatory supporting information identified on the forms as being required to accompany your application.

For requests for compliance assessment, you must:

• complete IDAS form 32—Compliance assessment

• Provide any mandatory supporting information identified on the forms as being required to accompany your request




1. What is the total number of existing lots making up the premises? 1

2. What is the nature of the lot reconfiguration? (Tick all applicable boxes.)

subdivision—complete questions 3–6 and 11

boundary realignment—complete questions 8, 9 and 11

creating an easement giving access to a lot from a constructed road—complete questions 10 and 11

dividing land into parts by agreement—please provide details below and complete questions 7 and 11

3. Within the subdivision, what is the number of additional lots being created and their intended final use?

Intended final use of new lots Residential Commercial Industrial Other—specify

Number of additional lots created

Lot yield is subject to future ROL applications for a development permit

4. What type of approval is being sought for the subdivision?

Development permit

Preliminary approval

Compliance permit

IDAS form 7—Reconfiguring a lot Version 3.2—3 August 2015

5. Are there any current approvals associated with this subdivision application or request? (E.g. material change of use.)



6. Does the proposal involve multiple stages?

No—complete Table A Yes—complete Table B

Table A

a) What is the total length of any new road to be constructed? (metres) n/a

b) What is the total area of land to be contributed for community purposes? (square metres)

n/a

c) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

d) Does the proposal involve operational work for the building of a retaining wall?

No Yes

Table B—complete a new Table B for every stage if the application involves more than one stage

a) What is the proposed estate name? (if known and if applicable)

b) What stage in the development does this table refer to?

c) If a development permit is being sought for this stage, will the development permit result in additional residential lots?

No Yes—specify the total number

d) What is the total area of land for this stage? (square metres)

e) What is the total length of any new road to be constructed at this stage? (metres)

f) What is the total area of land to be contributed for community purposes at this stage? (square metres)

g) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

h) Does the proposal involve operational work for the building of a retaining wall?

No Yes

7. Lease/agreement details—how many parts are being created and what is their intended final use?

Intended final use of new parts Residential Commercial Industrial Other—specify

Number of additional parts created


8. What are the current and proposed dimensions following the boundary realignment for each lot forming the premises?

Current lot Proposed lot

Lot plan description Area (square metres)

Length of road frontage Lot number Area (square metres)

Length of road frontage

9. What is the reason for the boundary realignment?

10. What are the dimensions and nature of the proposed easement? (If there are more than two easements proposed please list in a separate table on an extra page and attach to this form.)

Width (m) Length (m) Purpose of the easement (e.g. pedestrian access)?

What land is benefitted by the easement?

Mandatory supporting information

11. Confirm that the following mandatory supporting information accompanies this application or request

Mandatory supporting information Confirmation of lodgement

Method of lodgement

All applications and requests for reconfiguring a lot

Site plans drawn to an appropriate scale (1:100, 1:200 or 1:500 are the recommended scales) which show the following:

• the location and site area of the land to which the application or request relates (relevant land)

• the north point

• the boundaries of the relevant land

• any road frontages of the relevant land, including the name of the road

• the contours and natural ground levels of the relevant land

• the location of any existing buildings or structures on the relevant land

• the allotment layout showing existing lots, any proposed lots (including the dimensions of those lots), existing or proposed road reserves, building envelopes and existing or proposed open space (note: numbering is required for all lots)

• any drainage features over the relevant land, including any watercourse, creek, dam, waterhole or spring and any land subject to a flood with an annual exceedance probability of 1%

• any existing or proposed easements on the relevant land and their function

• all existing and proposed roads and access points on the relevant land

• any existing or proposed car parking areas on the relevant land

• the location of any proposed retaining walls on the relevant land and their height

• the location of any stormwater detention on the relevant land

• the location and dimension of any land dedicated for community

Confirmed Dropbox


purposes

• the final intended use of any new lots.

For a development application – A statement about how the proposed development addresses the local government’s planning scheme and any other planning documents relevant to the application.

For a request for compliance assessment – A statement about how the proposed development addresses the matters or things against which the request must be assessed.

Confirmed Dropbox

A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed

Not applicable

Dropbox

Notes for completing this form

• For supporting information requirements for requests for compliance assessment, please refer to the relevant matters for which compliance assessment will be carried out against. To avoid an action notice, it is recommended that you provide as much of the mandatory information listed in this form as possible.

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY




Email address (non-mandatory requirement) j.duncan

@ veris.com.au

Applicant’s reference number (non-mandatory requirement)

32313

1. What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

a) What is the nature of the development? (Please only tick one box.)





under s241 of SPA


under s241 and s242 of SPA

Development permit


Equestrian themed development

d) What is the level of assessment? (Please only tick one box.)

Impact assessment

Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional aspects of the application.)

a) What is the nature of development? (Please only tick one box.)





under s241 of SPA


under s241 and s242 of SPA

Development

permit


d) What is the level of assessment?

Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.)

Refer attached schedule

Not required


2. Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water.) (Attach a separate schedule if there is insufficient space in this table.)

Street address and lot on plan (All lots must be listed.)

Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.)

Street address Lot on plan description Local government area (e.g. Logan, Cairns)

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

i) 9 Van Moolenbroeks Road, Balnagowan

4740 26 SP167457 Mackay

ii)

iii)

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory)

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

i) Rural Hinterland Locality Bushfire Management

ii) Pioneer River & Southern Streams Precinct

Development on Steep Land

iii) Good Quality Agricultural Land

Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.)

Coordinates (Note: place each set of coordinates in a separate row)

Zone reference

Datum Local government area (if applicable)

Easting Northing Latitude Longitude

GDA94

WGS84

other

3. Total area of land on which the development is proposed (indicate square metres)

37.2 ha

4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)

Equestrian facilities & horse agistment


5. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-mandatory requirement)



6. Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

No

Yes—complete either Table F, Table G or Table H as applicable

Table F


I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table G


The owner’s written consent is attached or will be provided separately to the assessment manager.

Table H

Name of owner/s of the land ROK Properties Pty Ltd

By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

7. Identify if any of the following apply to the premises (Tick applicable box/es.)

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I

On strategic port land under the Transport Infrastructure Act 1994—complete Table J

In a tidal water area—complete Table K

On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.)

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 (no table requires completion)

Table I

Name of water body, watercourse or aquifer

Proserpine River


Table J

Lot on plan description for strategic port land Port authority for the lot

Table K

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

8. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc)

No Yes—ensure the type, location and dimension of each easement is included in the plans submitted

9. Does the proposal include new building work or operational work on the premises? (Including any services)

No Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

10. Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.)

No—go to question 11 Yes

10a. Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.)

No

Yes—complete Table L and submit, with this application, the local government/private certifier’s copy of the accepted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L, P or S)

11. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes—please provide details below

Name of local government Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)


12. List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application)

Description of attachment or title of attachment Method of lodgement to assessment manager

Planning Report and Appendices Dropbox link via email

13. Applicant’s declaration

By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to

provide false or misleading information)

Notes for completing this form

• Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application. Note, the assessment manager has discretion to accept an application as properly made despite any non-compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009

Applicant details

• Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1

• Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required.

Question 6

• Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences.

Question 7

• If the premises is listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 it may be necessary to seek compliance assessment. Schedule 18 of the Sustainable Planning Regulation 2009 identifies where compliance assessment is required.

Question 10

• The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable.

• The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2013.


Question 10a

• The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

• Building and construction industry notification and payment forms can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481.

Privacy—The information collected in this form will be used by the Department of Infrastructure, Local Government and Planning (DILGP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY


NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. I have been engaged as the private certifier for the building work referred to in this application

Date of engagement Name BSA Certification license number

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form


http://www.qleave.qld.gov.au/

Appendix 2 – Registered Survey Plans

Appendix 3: Current Title

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25553629Search Date: 15/03/2017 15:29 Title Reference: 50481627 Date Created: 17/02/2004 Previous Title: 20707072 50272249 REGISTERED OWNER Dealing No: 713170164 12/04/2010

ROK PROPERTIES PTY LTD A.C.N. 102 879 550 TRUSTEE UNDER INSTRUMENT 713170164 ESTATE AND LAND Estate in Fee Simple LOT 26 SURVEY PLAN 167457 Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 20078170 (POR 474) 2. LEASE No 601165312 (N124737) 20/09/1926 OF PART OF THE WITHIN LAND TO AMALGAMATED SUGAR MILLS LIMITED FOR 99 YEARS ORIGINAL TERM: COMMENCING 01 JUL 1926 OR OPTIONS AS MAY BE STATED 3. TRANSFER No 700574895 28/03/1995 at 09:43 of LEASE: 601165312 (N124737 ) to MACKAY SUGAR CO-OPERATIVE ASSOCIATION LIMITED 4. MORTGAGE No 713170165 12/04/2010 at 11:14 WESTPAC BANKING CORPORATION A.B.N. 33 007 457 141 ADMINISTRATIVE ADVICESDealing Type Lodgement Date Status700708532 TRAM EASE 20/06/1995 12:18 CURRENT SUGAR INDUSTRY ACT 1991709625236 ACCESS RIGHT 25/05/2006 11:56 CURRENT SUGAR INDUSTRY ACT 1999UNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No Page 1/2

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 25553629Search Date: 15/03/2017 15:29 Title Reference: 50481627 Date Created: 17/02/2004

Caution - Charges do not necessarily appear in order of priority

** End of Current Title Search **

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2017]Requested By: D-ENQ GLOBAL X Page 2/2

Appendix 4: Proposal Plan

Drawing No Issue

B

The Meadows Equestrian Estate

Plan of Development

Lot 26 on SP167457

Issue Revisions DrawnDate

THESE DESIGNS AND DRAWINGS ARE COPYRIGHT AND ARE NOT TO BE

USED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF VERIS

27/06/2017A

MSM

Original

32313POD1

ACN 604 671 374

Queensland Surveying Pty Ltd a Veris Company

BRISBANE

(07) 3666 4700

MACKAY

(07) 4951 2911

WHITSUNDAYS

(07) 4945 1722

CAIRNS

(07) 4051 6722

veris.com.au

Data Sources

Cadastral Boundaries

Contours / Topographic

Aerial Images

Flood Level

Engineering Design

Architectural Design

Landscape Design

DCDB Extract

*

Qld Globe

*

*

*

*

Locality:

Local Authority:

Projection:

Horizontal Meridian:

Vertical Level Datum:

Level Origin:

Scale:

Surveyed:

Designed:

Drawn:

Checked:

Plot Date:

Computer File Ref:

BALNAGOWAN

MACKAY REGIONAL

*

*

*

*

1 : 4000 at A3

*

*

*

JD

9 Van Moolenbroeks Road

Balnagowan

For


IMPORTANT NOTES:

(These notes are an integral part of this plan)

This plan has been prepared for ROK Properties Pty Ltd for the

purposes of Proposal Plan.

It is not to be used by any other person or corporation or for any

other purposes.

Copyright © Queensland Surveying Pty Ltd,

a Veris Company 2017.

Scale 1:4000 - Lengths are in Metres

27/06/2017

170627 32313POD1 Rev A.dwg

29/06/2017BMSM

DA lodgement

AutoCAD SHX Text

General Equestrian Facilities (23.21ha)

AutoCAD SHX Text

CTS Equestrian Living Stage 2 (5.87ha)

AutoCAD SHX Text


AutoCAD SHX Text

50

AutoCAD SHX Text

0

AutoCAD SHX Text

50

AutoCAD SHX Text

100

AutoCAD SHX Text

150

AutoCAD SHX Text

200

AutoCAD SHX Text

250

AutoCAD SHX Text

300

AutoCAD SHX Text

350

AutoCAD SHX Text

400

AutoCAD SHX Text

450

AutoCAD SHX Text

500

AutoCAD SHX Text

550

AutoCAD SHX Text

CTS Equestrian Facilities (2.81ha)

Appendix 5: Prelodgement Meeting Request

1

Jimmy Duncan

From: Leah Harris <[email protected]>

Sent: Wednesday, 7 June 2017 4:51 PM

To: Jimmy Duncan

Cc: Shane Kleve

Subject: DS-2017-16 RE: Prelodgement Meeting Record 19/4/17

Attachments: 170419 32313SK01 Rev A.PDF

Hi Jimmy, Thanks for the minutes, I agree that they are a true record of our discussions at the meeting. I have spoken to Shane and he agrees with using the lower $10,800 + $2,000 per hectare rate for the s242 MCU component.

I trust this information is of assistance.

Leah Harris | Principal Planner | Development Assessment | Mackay Regional Council Phone: 07 4961 9113 | Fax: 07 4944 2411 | [email protected] | mackay.qld.gov.au

Please Note: The Development Assessment program has relocated to the Sir Albert Abbott Administration Building in Gordon Street. For meetings with Development Assessment staff please present to the main reception where someone will assist you and advise staff of your arrival.

PLEASE NOTE:

THE VIEWS EXPRESSED HERE ARE AN OFFICER'S OPINION BASED ON THE INFORMATION PROVIDED AND RELEVANT CURRENT POLICY AND LEGISLATION.

LODGEMENT OF A DEVELOPMENT APPLICATION IN THE FUTURE MAY RAISE OTHER ISSUES NOT CONSIDERED HERE AND THEREFORE THE ABOVE ADVICE DOES NOT BIND COUNCIL IN ANY WAY WHEN CONSIDERING A FUTURE DEVELOPMENT APPLICATION.

From: Jimmy Duncan [mailto:[email protected]] Sent: Friday, 21 April 2017 2:07 PM To: Leah Harris Subject: Prelodgement Meeting Record 19/4/17

Our Ref: 29005-6336

Hi Leah,

Below is a record of the items discussed at the prelodgement meeting on 19/04/2017.

2

Can you please confirm this is accurate? Feel free to amend/add items accordingly.

Date: 19/4/17 Time: 1.30PM Attendees: Leah Harris (MRC); Khairul Alam (MRC); Jimmy Duncan (Veris)

Preliminary Approval (s242 of SPA) and Community Title Subdivision

Item Discussion

Overview of proposal • JD – Presented overview of proposal (as per details in email below);

• LH – reiterated that demonstrating an overriding community need was required – this could be demonstrated by obtaining a letter of support from the Mackay Showgrounds and the Turf Club, and also provide details as to what activities/events the uses would attract.

• LH – in principle, Council’s Planning Department supported the application, subject to a properly made application and other items as detailed within these notes.

• LH – impact assessable, meaning public notification, and any submissions would need to be taken into consideration.

• LH – the proposed legislative process was correct (e.g. s242, then ROL dev permit).

Genuine equestrian themed development

• LH – Council wanted assurance that the equestrian uses would be tied to the rural res lots, to ensure it wasn’t just another rural res development.

• JD – The subdivision would be in the form of a community title scheme with a CMS that stipulated the lot owners requirements in relation to use and maintenance of the equestrian uses.

S242 application contents

JD – a Plan of Development would be refined as per 32313SK01

• JD – reduce level of assessment of future ROL applications to ‘Code’ and equestrian uses to ‘Self Assessable’

• LH agreed this was suitable, codes to be used from the new Planning Scheme, or if no suitable codes, create a specific code for the site.

• LH – will need a definition for Equestrian Uses to be included in the POD.

• LH – to be self-assessable there would need to be a high level of detail in code, e.g. hours of operation, number of events per year, maximum attendees etc.

• LH advised that there may be an example of a similar themed development in Bundaberg.

• JD to investigate.

Roads • LH – Rural residential development requires a bitumen seal as per Council requirements.

• JD – applicant does not want to seal roads, a rural standard (i.e. gravel) would be adequate because the equestrian use is a rural use.

• KA – to be addressed at development permit stage, analysis of roads to be provided to demonstrate whether a seal was required.

Water/Sewer • JD – on-site effluent and rain water tanks is proposed for the rural residential lots; water for the equestrian uses would be from the existing and proposed dams, as well as rainwater tanks. For events, toilets could be provided temporarily and taken away after.

• KA – proposed service arrangements were acceptable.

Geotechnical Assessment

• KA – If any land exceeds 15%, a Geotech assessment would be required.

• JD – This could be provided at building stage.

3

Power • LH – power to lots to be provided in accordance with planning scheme requirements

• JD – an application to Ergon will be made as per usual process.

Telecommunications • LH – provide evidence of mobile phone coverage or NBN fixed wireless.

• JD – noted.

Application Fees • JD – The current fee schedule requires an application fee of in excess of $250,000; which is unreasonable given the level of assessment involved ($54,000 base fee + $5,400 per hectare).

• LH – that fee is for urban development outside the urban area that requires a high level of assessment (e.g. a greenfield residential or industrial development on rural/GQAL land).

• LH – indicated that the proposal consists of rural uses (equestrian) and rural residential uses (CTS) in a rural area – so the level of services is already available and the work required to assess this is much less – therefore the fee listed of $10,800 + $2,000 per hectare may be supported.

• JD – We will lodge a formal request to reduce the fee as per above.

Road Closures

Partial Road Closure of Van Moolenbroeks Road

• LH & KA – generally supported by Council

Road Closure of Glenora Drive

• KA – need to demonstrate how closure of road would not impact connectivity; provide information on existing property access to surrounding area, and capacity for vacant land to be developed; and whether this would see a need for Glenora Drive to be constructed.

Regards,

Jimmy Duncan

Regional Planning Manager

0447 416 132 [email protected] (07) 4945 1722 30 Chapman St PO Box 177 Proserpine QLD 4800 Australia

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The information transmitted may be confidential, is intended only for the person to which it is addressed, and may not be reviewed, retransmitted, disseminated or relied upon by any other persons. If you received this message in error, please contact the sender and destroy any paper or electronic copies of this message. Any views expressed in this email communication are those of the individual sender, except where the sender specifically states otherwise. Veris Limited does not represent, warrant or guarantee that the communication is free of errors, virus or interference. Please Contact us on: (08) 9317 0600.

From: Jimmy Duncan Sent: Wednesday, 19 April 2017 1:09 PM To: Leah Harris ([email protected]) <[email protected]> Cc: '[email protected]' <[email protected]>; Shane Kleve ([email protected]) <[email protected]> Subject: Prelodgement Meeting 19/4/17

4

Hi Leah,

Please find attached a preliminary sketch plan for today’s meeting.

Additional info:

Preliminary Approval (s242 of SPA) and Community Title Subdivision

The goal is to create a unique equestrian development under a community title scheme subdivision, generally as per

Sketch Plan 32313-SK01 . The proposal consists various equestrian facilities including (to be confirmed):

• Covered equestrian arena;

• Covered round area;

• Uncovered round area;

• Jumping area;

• Agistment paddocks;

• A balance area for car parking and events;

• 2 stages of ‘equestrian living’ rural residential community title lots with on-site effluent and potable water

(tanks) – each lot is proposed to be around 1.0 hectare.

• Total number of lots approximately 12 or 13 pending final design.

The following legislative process is proposed:

• Prepare of a Plan of Development over the property;

• Prepare and lodge a Preliminary Approval varying the effect of the Planning Scheme application over the

entire Plan of development area (to allow for code assessable subdivision, and self-assessable equestrian

uses) nominating development codes from the Draft MRPS;

• Prepare and lodge an application for a Development Permit for Reconfiguring a Lot for rural residential lots

under a community title scheme subdivision (2 stages), with the equestrian uses contained within the

common property.

The provision of land and infrastructure for the equestrian uses is essential, as the economic benefit this will bring to

the Mackay region through equestrian events provides the basis for an overriding community need.. An overriding

community need is required for Council to approve rural residential sized subdivision in the Rural Zone.

Road Closure Applications

The client wishes to apply to the close Glenora Drive between Sugarloaf Drive and the proposed ‘equestrian living’ lots

(Figure 1); and a partial road closure for Van Moolenbroeks Road adjacent to the southern property boundary (Figure

2) which currently contains fenced paddocks.

5

Figure 1 – Area of Glenora Drive to be closed.

Figure 2 – Area of Van Moolenbroeks Road to be partially closed.

6

An application to the State Government (State Land Asset Management - SLAM) is required. SLAM will then liaise with

Council to obtain their view on the closure.

SLAM will also undertake a Native Title Assessment of the road closure, prior to making an offer to purchase the land.

We propose to apply for the road closure after the Plan of Development s242 preliminary approval is issued, so that it

can be used as further justification to close Glenora Drive.

See you at 1.30 pm.

Regards,

Jimmy Duncan



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From: Jimmy Duncan Sent: Monday, 10 April 2017 9:59 AM To: Shane Kleve ([email protected]); Leah Harris ([email protected]) Cc: '[email protected]' Subject: RE: Development Services Meeting Request - 3 April 2017

Hi Shane and Leah,

Can this please be rescheduled to the 19th of April, sometime between 12 and 3?

Regards,

Jimmy Duncan



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7


From: Jimmy Duncan Sent: Tuesday, 21 March 2017 12:22 PM To: Shane Kleve ([email protected]) <[email protected]> Cc: '[email protected]' <[email protected]> Subject: FW: Development Services Meeting Request - 3 April 2017

Shane FYI, we can have this prelodgement meeting when our regular catch-up is scheduled on the 3rd of April.

Jimmy Duncan



VERIS.COM.AU


From: Clare Appleton Sent: Tuesday, 21 March 2017 12:10 PM To: 'Development Services' Subject: Development Services Meeting Request - 3 April 2017

Our Ref: 32313

Good afternoon,

Please find attached Development Services Meeting Request Form.

Regards,

Clare Appleton

Para-Planner

[email protected] (07) 4945 1722 83 Wood St PO Box 158 Mackay QLD 4740 Australia

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8


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Personal information will only be disclosed to a third party with your written authorisation or as required by law.

Appendix 6: Mackay City Planning Scheme DEOs and Codes

Division 7 Specific Outcomes and Probable and Acceptable Solutions for the Mackay Hinterland Locality

Specific Outcomes Probable/Acceptable Solutions Outcomes Achieved

Assessable Development

P1 Commercial development is located in the commercial zone and does not detract from the network of centres referred to in the Desired Environmental Outcomes.

S1 No solution specified. N/A

P2 Tourist development sites generally exhibit a number of the following characteristics: (i) proximity to infrastructure

and services adequate to meet the day-to-day needs of the tourist population likely to be generated by development on the site; and

(ii) proximity to a natural attraction without the potential for adverse effects upon the attributes or values which give rise to the attractiveness of the site; or

(iii) an area of land sufficient to contain fully the extent of the proposed development and the potential impacts likely to flow from it;

(iv) land suitable in its physical characteristics to accommodate the form, scale and intensity of development proposed without imposing unnecessary or unacceptable impacts upon the surrounding area; or

(v) are not located within established residential areas or accessed only via residential street.


P3 Land uses adjacent to industrial areas and key extractive resources areas which are incompatible with those areas include a buffer which mitigates any adverse impacts from the industrial use on the new use.

S3 No solution specified.

N/A

P4 Rail infrastructure corridors in the City are protected from the constraining effects of proximate, sensitive land uses by seeking buffers, acoustic screens or other forms of physical separation. Where development occurs in close proximity to a rail corridor,




appropriate mitigation measures in the design and siting of buildings and recreation space are provided.

P5 The establishment of activities within the rail corridor, including rail freight yards, stations and shunting yards, has regard for the environmental impacts upon adjacent and adjoining properties


P6 The network of cane tramways throughout the City is protected from the effects of incompatible development. New estate development for urban residential, rural residential or village purposes is planned to minimise the potential for tramway traffic to conflict with vehicular, bicycle or pedestrian traffic through a combination of careful design and maintaining adequate buffers or separations.

S6 No solution specified. Complies The existing cane tramway within the site will not be impacted by the is proposal.

P7 New development on land in the Rural Residential and Village zones, adopts or creates new traffic and transport systems which:

(i) are based on the hierarchy of roads;

(ii) are appropriate to the transport and traffic tasks required by the proposed development, having regard to its scale, intensity and character;

(iii) are linked efficiently and safely with the existing road network;

(iv) promote the safe movement of traffic, cyclists and pedestrians throughout the development area; and

(v) minimise the potential for through traffic and local traffic conflicts and for industrial and

non-industrial traffic conflicts.7


P8 Land uses on sites adjacent to the Bruce Highway have limited direct access to the highway in accordance with the requirements and specifications of the Department of Main Roads.




P9 Open space and recreation areas are preserved by providing that development of land in proximity to high use areas (e.g. the racecourse at Ooralea) is designed and sited to take into account: (i) noise; (ii) lighting; and (i) traffic impacts of activities

and major events.

S15 No solution specified. Complies Development is not proposed within proximity to high use Open Space areas.

Rural Zone Code

Specific Outcomes Acceptable / Probable Solutions Response/Comment


P1 The use of land within the Rural

Zone for rural purposes is sustainable

over the long term by;

i. Advoiding fragmentation of

agricultural lots; and

ii. Using the land according to

industry best practice, including:

a) Risk reduction for natural

hazards such as bushfire,

flooding, land slips and soil

erosion;

b) The management of weeds;

c) Waste reduction and

management;

d) Ensuring the intensity of use is

in keeping with the capacity of

the land.

S1 No solution specified. Complies.

The proposed development

promotes the continued use and

expansion of an existing rural use

(equestrian yards). The

development will not fragment

agricultural lots and is not an

unacceptable risk of natural

hazards.

P2 The major infrastructure

supporting the sugar industry mills,

and associated network of tramways

and haul-out roads is protected from

the effects of encroaching sensitive

land uses.

S2 No solution specified. Not applicable (not a sensitive use

in proximity to the listed

infrastructure).

P3 Any expansion of either the

Pleystowe and Racecourse mills is

designed to mitigate any adverse

impacts on surrounding land.

S3 No solution specified. Not applicable (not in proximity of

Pleystowe and Racecourse mills).

P4 Intense forms of rural activity

requiring upgrade of the existing

service infrastructure are located

within reasonable proximity to the

urban area of Mackay and the Port of

Mackay, providing that the

environmental impacts can be

managed.

S4 No solution specified. Not applicable (the use does not

require upgrading of service

infrastructure).

P5 Non-rural activities do not occur

on land included in the Rural Zone.

S5 No solution specified. Complies – an equestrian yard is

a rural use. The rural residential

component of the development

will encourage the continued

appreciation of the rural zone and

the existing equestrian facilities.

P6 Rural residential development

does not occur.

S6 No solution specified. Alternative Solution Proposed.

The proposal is to create a unique

high quality equestrian themed

living development that delivers

upmarket equestrian facilities to

residents, and the wider

community.

Rural Zone Code

Specific Outcomes Acceptable / Probable Solutions Response/Comment

The proposal satisfies an

overriding community need for a

facility of this nature, as

demonstrated by the letters of the

support from the Mackay Turf

Club, Mackay Show Association

and Mackay Pony Club.

Table 9-18 Specific Outcomes and Acceptable and Probable Solutions for the Reconfiguration of a Lot Code

Specific Outcomes Acceptable / Probable Solutions Outcomes Achieved


Overall Design

P1 The proposed lot layout facilitates the desired future use of land in accordance with the relevant Locality Code by:

(i) establishing an orderly and acceptable land use pattern;

(ii) providing a road network consistent with the road hierarchy identified on the Key Infrastructure Maps (A and B);

(iii) providing a network, incorporating linkages, of public open space meeting community needs and protecting valuable features; and

(iv) providing an integrated drainage system based on natural drainage patterns and ecological processes.


Can Comply.

The proposal is for a s242 application only. Further detail design of the lot configurations will be provided at future ROL development permits.

Lot Areas and Dimensions

P1 Each lot has an area and dimensions such that it:

(i) is suitable for the range of likely uses; (ii) offers a high level of utility and amenity

for its subsequent use and the use of adjoining allotments by providing ample opportunity for the separation of uses within adjoining lots;

(iii) where in the Higher Density Residential zone, is able to be developed to achieve the desired dwelling unit density levels for the zone; and

(iv) does not prejudice the desired future use of the land such that:

a) suitable access is provided for pedestrians, cyclists, and vehicles; and

b) adequate provision is made for any other area necessary for the conduct of the intended use for the site;

(v) takes account of the physical characteristics of the site; and

(vi) provides efficient servicing of the lot.

(vii) where on site effluent disposal is proposed, the allotment size and dimensions need to take into consideration the following issues:

• the number of existing on site domestic water treatment plant systems in the locality

• the cumulative effect of the proposed and existing systems in the locality on water quality objectives for waters in the locality;

• the size of the lots and the soil

S1 No solution specified. Can Comply.





types, land slopes, hydrology and hydrogeology in the locality;

• the proximity of systems to surface water and ground waters in the locality

• the rainfall and other climatic conditions of the locality; the existing quality of waters in the locality;

• the existing quality of waters in the locality and the water quality objectives for the waters

• any relevant ground water protection plan;

P2 Each lot is consistent with the minimum area and dimensions as set out in Table 9-18.1 Minimum Area & Dimensions.

Table 9-19.1 Minimum Area & Dimensions

Zones Area Frontage

Rural 100ha

Rural Residential

1ha 60m

Industry (Low Impact)

Refer to acceptable

probable solution S2

Industry (High Impact)

Refer to acceptable

probable solution S2

City Centre Zones (1)

No minimum area or dimension specified

Commercial No minimum area or dimension specified

Public Purposes


Sport & Recreation


Open Space No minimum area or dimension specified

Special Activities


Zones Area Frontage

Urban Residential

Minimum 300m²

10m

Higher Density Residential

800m² 20m

Village 1000m² 20m

(Note: (1) Zones located in the City Centre Locality Code).

S2

Zones Area Frontage

Industry (Low Impact)

2,500m² 30m

Industry (High Impact)

3,500m² 35m

Note: Proposals involving lots with an area less than the minimum area set out in the acceptable solution must provide lot layout plans for each of with an area less than the minimum. The lot layout plans must demonstrate that the relevant vehicle size (refer to Schedule 2, Table 12-2) can enter and leave each lot in forward motion after performing no more than a three point turn.

Can Comply.





P3 In the Rural Zone, new lots are not created unless:

(i) the result of the reconfiguration is that new lots and the balance lot are above the minimum area stated for the Rural Zone; or

(ii) the result of the reconfiguration is that an equal or lesser number of lots is created and the utility and accessibility of all subject lots is an improvement on the original situation in relation to enhancing or supporting the rural use of the lots.



This application has demonstrated an over-riding community need as previously discussed.

P4 Irregular shaped lots are designed to have:

(i) a frontage to depth ratio of no more than 1:3;

(ii) for land in the Urban Residential Zone:

a) a minimum frontage of 10m to any cul-de-sac road or along any curved road alignment; and

b) in area within the lot with the minimum dimensions of 15 by 15m; and

(iii) for land in the Higher Density Residential Zone, a minimum width of 20m at a point 6 m in the lot parallel to the longest road frontage.



P5 Battleaxe lots do not occur in any proposal for reconfiguring a lot that creates more than 1 additional lot. Battleaxe lots are provided only where:

(i) where is no increase in the density that is applicable to the zone that the subject land is included in;

(ii) the lot handle is not less than 5m in width;

(iii) both sides of the lot handle are landscaped for the full length of the handle;

(iv) the maximum length of the lot handle is not greater than the minimum depth specified in Table 9-18.1 Minimum Area and Dimensions;

(v) the area of the lot handle is not included in the calculation of the area of the lot for minimum area purposes; and

(vi) for land in the Urban Residential Zone, two adjacent lots have a combined frontage of 50% of the minimum road frontage for a single lot, and a common access drive is provided between the kerb and the head of the access handle.






Small Lots in the Urban Residential Zone

P1 Lots having areas less than 450m2or

an average width less than 18 m enable the design and siting of buildings such that they do not detract from the amenity or character of the area.

S1 Development proposals where lots with areas with

450m2 or less are proposed

are accompanied by a Plan of Development showing at least the following:

o North point.

o Access to lots.

o Footprint of buildings on subject lots.

o Footprints of buildings on adjoining lots.

o Building setbacks.

o Existing and proposed services.

S2 Lots having areas less than

350m2

form part of an integrated residential development of at least 4 lots, except where:

(i) the lot is located in a Residential Character Area; and

(ii) there is an existing dwelling of character located on the existing residential lot;

in which case, such a lot less

than 350m2

will be considered, if the existing dwelling of character is retained.

N/A

Road Layout and Design

P1 Each road has sufficient reserve and pavement width to cater for all the functions that the road is expected to fulfil, including:

(i) the safe and efficient movement of all users,

(ii) provision for parked vehicles,

(iii) provision of cycle and pedestrian networks;

(iv) provision of public utilities landscaping,

sound attenuation; and

(v) public transport use.

S1 Road layout and design complies with the Engineering Design Guidelines Planning Scheme Policy.

Can Comply.


P2 The road layout is designed to have street intersections:

(i) as T-junctions, roundabouts or other appropriate means; and

(ii) adequately spaced to enable efficient and safe operation.

S2 The road layout provides corner truncations including:

(i) at major intersections, acute angled intersections, not less

than a 10mx3

chord truncation; and

(ii) at minor intersections, not less

Can Comply.





than a 6mx3 chord truncation.

P3 Roads are designed to make provision for adjoining potential development sites.

S3 The road layout indicates possible connections to external roads and provision to service adjoining development sites.

Can Comply.


P4 All lots have frontage to a road. S4 Lots do not rely on an easement for access to a road.

Can Comply.


Open Space Requirements

P1 In residential, commercial and industrial areas, public open space is provided as part of development involving reconfiguration of a lot:

(i) as part of a linked open space system for safe pedestrian and cycling paths linking centres;

(ii) in a location, size and shape to satisfy the local, district or regional recreational needs of the community; and

(iii) to have a multi-functional role such as for stormwater management or fauna habitat.

Note: Guidelines for complying with Council information requirements is detailed in the Open Space Planning Scheme Policy.

S1 The provision and design of open space complies with the requirements of the Open Space Planning Scheme Policy and the Parks Contributions Planning Scheme Policy.

Can Comply.


Community Title

P1 Community Title Development for a specific use is provided at the same density for that use in the relevant zone and locality codes in which the site is located and the overall and specific outcomes for the relevant zone and locality codes apply.



Infill Development




P1 Infill development addresses the social outcomes of the IPA.

S1 Infill development achieves sustainable development outcomes, and occurs where amenity is addressed and achieves integrated networks of pleasant and safe public areas and cultural, recreational or social interaction are provided within well-serviced communities.

Can Comply.


Table 9-8 Specific Outcomes and Acceptable & Probable Solutions for the Environment and Infrastructure Code



Infrastructure

Infrastructure Provision

P1 Adequate infrastructure is provided in time to meet the needs of the development.

S1 The timing for provision of infrastructure for development complies with the standards and contribution requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Complies

Adequate infrastructure is in place to meet the needs of the development.

P2 Premises are provided with appropriate areas of private and public open space.

Note: Guidance in regards to the design and provision of open space is provided in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

S2 The provision of open space complies with the standards and requirements detailed in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy

N/A

All lots will contain large areas of open space.

P3 Premises have

o an adequate, safe and reliable supply of water, including potable water, and is connected, where possible, to an existing reticulated water supply.

o The planning and design of potable water infrastructure considers Water Sensitive Urban Design (WSUD) such as water conservation initiatives.

S3.1 Premises are connected to Council’s reticulated water supply system.

S3.2 If connection to Council’s reticulated water supply system is not possible, a potable water supply is provided in accordance with the standards detailed in the Engineering Design guidelines Planning Scheme Policy).

Complies

All lot will be serviced by potable water supply.

P4 Treatment and disposal of waste water ensures:

(i) no adverse ecological impacts on the environment, particularly nearby receiving environments including surface waters and ground water;

(ii) the cumulative impacts of on site waste water treatment will not cause deterioration of environmental conditions; and

(iii) the planning and design of wastewater infrastructure considers Water Sensitive Urban Design (WSUD) such as wastewater management measures.

S4.1 Connection to Council’s reticulated sewerage treatment system; or.

S4.2 Where connection to Council reticulated sewerage system is not possible, and where 20 people or less, Council will refer to the requirements of the Environmental Protection (Water) Policy 1997 and the On Site Sewerage Code (NR&M July 2002) and AS 1547. to ensure the premises are suitable for effluent disposal.

S4.3 Where more than 20 people, no solution specified.

Complies

All lots will be serviced by on site effluent disposal systems.




Stormwater Management

P5 Drainage works are designed to ensure that adjoining land and the existing upstream and downstream drainage systems are not adversely affected by development, taking into account:

(i) Water Sensitive Urban Design (WSUD) principles such as:

- protect natural systems;

- enhance natural waterway systems within urban development using natural channel design principles;

- detention of stormwater instead of rapid conveyance;

- minimize impervious areas;

- utilization of stormwater to conserve potable water;

- integrate stormwater treatment into the landscape;

- water efficient landscaping; and

- protection of water related environmental values.

(ii) need for a stormwater system that can be economically maintained;

(iii) safety of pedestrians and vehicles;

(iv) location of discharge;

(v) construction of buildings, structures or paving up to site boundaries which avoid blocking or concentrating natural flow paths2.

S5 Drainage works complies with the requirements of the Engineering Design Guidelines Planning Scheme Policy.

Complies

All drainage works can comply with the relevant guidelines.

2 Guidance on the design and construction of drainage systems is provided by the Queensland Urban Drainage Manual 1994.

External Works

P6 Kerb and channelling is provided to a satisfactory standard and constructed to:

(i) prevent edge fretting;

(ii) perform required drainage functions;

(iii) provide the appropriate level of control for vehicle movement;

(iv) allow ready access to abutting properties at suitable

S6 Premises are provided with kerb and channel in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Not applicable.




locations; and

(v) contribute to the desired streetscape character of the locality.

Roads

P7 All proposed road pavement surfaces:

(i) are of a quality and durability suitable to the intended traffic volumes and loads;

(ii) provide all-weather access;

(iii) allow the discharge of rainfall;

(iv) provide the safe passage of vehicles and pedestrians; and

(v) provide a reasonable, comfortable riding quality.

S7 Roads are provided in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Not applicable.

Drainage Networks

P8 In urban areas, the major drainage network is designed and constructed with the capacity to control stormwater flows under normal and minor system blockage conditions for the DFE applicable to drainage so that:

(i) floodways are restricted to areas where there is no damage to property or hazards for motorists, and

(ii) run off is directed to a lawful point of discharge through competently designed and constructed outlet works.

S8 Design requirements of the Engineering Design Guidelines Planning Scheme Policy.

Not applicable.

Public Utilities

P9 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement.1

S9 Street lighting and signage comply with the requirements of the Engineering Design Guidelines Planning Scheme Policy

Can be conditioned

3 Australian Standards and Manual for Uniform Traffic Control Devices’ provides guidance in relation to these matters.

Infrastructure Payments

P10 The costs of providing infrastructure is funded by the development giving rise to the need for the infrastructure.

S10 The funding of infrastructure complies with the requirements of the Contributions Planning Scheme Policy

Not applicable.

Car Parking and Access

P11 Premises are provided with:

(i) adequate vehicle parking spaces to satisfy the anticipated requirements of the activity;

(ii) safe and efficient access and

S11.1 Vehicle parking on the site is in accordance with the rates specified in Schedule 2.

S11.2 Vehicles are able to enter and exit the site (with the exception of

Not applicable.




maneuvering areas to meet the anticipated volume and type of traffic;

(iii) large vehicles are able to enter and leave the site without prejudicing the safety and efficiency of the road;

(iv) access driveways are located and designed to minimise conflicts with traffic and pedestrians; and

(v) vehicle crossings from the carriageway to the frontage of the site are constructed and finished to appropriate standards for the excepted volume and type of traffic generated by activities on the site.

dwelling house and duplex) in a forward gear.

S11.3 The design of car parking and access complies with the requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Environmental Amenity

Lighting Management

P1 Outdoor lighting does not cause a loss of amenity to adjacent premises as a result of the light it emits either directly or by reflection.

Note: Council will refer to the provisions of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting

S1 No solution specified. Not applicable.

Overshadowing

P2 The amenity of adjacent residential land is not adversely affected by shadows cast by adjoining building or structures.

S2 Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.

Not applicable.

Building Setbacks

P3 Residential buildings are sited to minimise loss of amenity for residents’ adjacent to cane tram lines.

S3 Residential buildings are set back a minimum of:

(i) 50m from cane tram lines; and

(ii) 100m from cane tram line level crossings and sidings.

Can comply.

P4 Buildings are set back from a road frontage to:

(i) complement the existing built form; and

(ii) preserve the safety of vehicle movement along adjoining roads.


Noise and Vibration Management

P1 Noise and vibration do not detract from the amenity of residents or employees of any adjacent premises.


Not applicable.




P2 Premises accommodating uses which are likely to generate noise are designed and constructed with noise attenuation measures to avoid noise nuisance to nearby uses.


Not applicable.

P3 Noise sensitive uses locating adjacent to State controlled transport infrastructure incorporate attenuation, building design and orientation measures.

Note: Development adjacent to State controlled roads complies with the Department of Main Roads – Road Traffic Noise Management Code of Practice.


Not applicable.

Air Quality

P1 Premises used for purposes likely to generate emissions such as air pollutants, heat and odours incorporate:

(i) physical measures for removing pollutants from emissions prior to discharge to the atmosphere;

(ii) physical measures for reducing the temperature gradient between emissions and the atmosphere prior to discharge; and

(iii) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.


Not applicable.

Flooding

P1 Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential property damage and to ensure public safety.

S1.1 Development is sited on land that would not be subject to flooding during a DFE; or

S1.2 For development comprising a residential element, the floors of all habitable rooms are located 300mm above the DFE; or

S1.3 For non residential development or development involving temporary or moveable residential structures (e.g. caravan parks):

(i) buildings are located and designed so that floor levels (except areas used for car

Not applicable.




parking) are 300mm above the DFE; or

(ii) there is at least one evacuation route that remains passable for emergency evacuations during all floods up to and including the DFE.

P2 There is no increase in the number of people living or working on a flood prone site, except where the premises are occupied on a short term or intermittent basis.


Not applicable.

P3 Development does not result in adverse impacts for the safety of people or the capacity to use land within a floodplain and does not involve:

(i) Any physical alteration to a watercourse; or

(ii) Net filling of 50 cubic metres; or

(iii) The proposed works either:

a) avoid any reductions of on-site flood storage capacity and contain within the subject site any changes in depth/duration/velocity in flood waters of all floods up to and including the DFE; or

b) do not change the flood characteristics at the DFE outside the subject site in ways that result in:

- loss of flood storage;

- loss of / changes to flow paths;

- acceleration or retardation of flows; or

- any reduction of flood warning times elsewhere on the floodplain.


Not applicable.

P4 Storage and handling of hazardous substances on sites that are subject to risk of inundation or damage through flood, ensures that persons and property are not placed at unreasonable risk.

S4 Storage or handling of substances that may be a hazard to the environment or human safety by the risk of contamination due to flooding:

(i) is undertaken in accordance with a risk assessment; and

(ii) provides for the storage of any hazardous substances above or securely isolated from the DFE level.

Not applicable.

P5 The use is designed to minimise the impact of Cyclonic

S5 No solution specified. Can comply.




Hazards

Undefined Flood and Inundation Areas

P6 Where flood limits are not identified, development is undertaken such that there is no adverse affects on flood levels or flows on the site or up-stream and down-stream of the site.


Water Quality

P1 Development does not detract from the maintenance of water quality in the City’s watercourses and bulk water storages, in particular its:

(i) environmental values; and

(ii) where applicable, potability of the water supply.


P2 Premises incorporate:

(i) physical measures for intercepting and treating surface water drainage and spilled substances prior to their release to the watercourses; and

(ii) bunding of sites or areas within sites or integrated drainage systems which include waste water treatment measures, where chemicals, fuels, lubricants or other soluble pollutants are being handled or stored.

Note: Council will refer to the Environmental Protection Policy (Water) 1997.


P3 The City’s groundwater resources are maintained by:

(i) providing a stormwater system that manages stormwater quantity and quality prior to discharging into receiving waters;

(ii) providing non structural source control measures;

(iii) providing structural source control measures;

(iv) retaining or rehabilitating natural waterway corridors such as natural channels, wetlands and riparian vegetation;

(v) ensuring efficient disposal areas and ground and surface


Not applicable.




water retrieval areas are buffered from each other;

(vi) ensuring that contaminants do not enter the groundwater resources; and

(vii) with reuse of reclaimed water, ensuring safe treatment and disposal of contaminated water.

P4 The biodiversity and habitat values of coastal areas and associated estuarine systems are protected from:

(i) increased nutrient or sediment levels; or

(ii) changed flow, inhibited passage, or hydrologic regimes of the natural coastal and marine margins, which may result from development.2


Not applicable.

4 See ANZECC Australian and New Zealand Guidelines for Fresh and Marine Water Quality, 2000.

P5 Sediment and nutrient loadings into a watercourse are minimised through:

(i) treated on-site effluent;

(ii) adequate stormwater run-off controls; and

(iii) on-site and off site erosion controls.


Not applicable.

Sediment and Erosion Control

P1 Minimisation of the risk of erosion and sedimentation either on-site or elsewhere, by a comprehensive approach to soil erosion control and sedimentation management, including:

(i) the minimisation of

(ii) earthworks:

a) clearing of land;

b) long term stockpiling of excavated materials;

(iii) use of appropriate construction management techniques;

(iv) diverting surface water drainage around disturbed areas; and

(v) treating and removing sediments from stormwater over disturbed areas prior to release from the site.

S1 The control of Erosion and Sedimentation complies with Planning Scheme Policy 15.07 – Engineering Design Guideline D7 Soil and Water Quality Management.

Can be conditioned




P2 Progressive rehabilitation of disturbed areas occurs within the site through a comprehensive rehabilitation program including:

(i) the grading and reshaping of the disturbed areas to provide controlled and stable drainage flow paths;

(ii) the construction of drainage paths which divert high velocity flows away from disturbed areas;

(iii) the re-spreading of stored top soil stripped from the site; and

(iv) the planting of the disturbed area with native species of grasses, ground covers and trees.


Not applicable.

Coastal Management

Public Access and Roads

P1

(i) there is no net loss of public access to the foreshore, or of public useability of coastal waters;

(ii) appropriate location and design is achieved with respect to sensitive coastal resources and their values;

(iii) roads that run parallel to the coast, are set back from erosion prone areas and significant coastal resources, with only smaller access roads running to the coast; and

(iv) minor spur roads to the foreshore and associated car parks provide access to the foreshore at locations that are convenient to the public, have low environmental sensitivity, and avoid locations that may increase storm tide hazard.


Not applicable.

Erosion Prone Areas

P1 Development and permanent buildings are minimised in erosion-prone areas as defined in this code (apart from temporary or relocatable structures required for safety and recreational purposes).

S1.1 Reconfiguring a lot within an erosion prone area incorporates erosion prone land as undeveloped open space.

S1.2 Relocatable structures such as picnic tables, barbecues, coastal trails, bikeways, demountable structures, equipment sheds, lookouts, elevated decks, shelter sheds etc are located within erosion

Not applicable.




prone areas only where they remain relocatable.

S1.3 All other development is;

(i) located outside of the erosion prone area; or

(ii) as far landward as practical within the lot ; and

(iii) is coastal dependent development (as defined in this code).

S1.4 All building works (excluding demolition), including extension to existing buildings, on lots wholly or partly within the erosion prone area are:

(i) For rural areas and undeveloped urban areas, located landward of the erosion prone area to minimise the extent of permanent building inside the erosion prone area; and

(ii) For urban areas, located wholly landward of the alignment of existing neighbouring buildings and of a scale and intensity similar to that of the surrounding development.

P2 Where there is existing development within an erosion-prone area, redevelopment and extensions do not (as defined in this code):-

(i) extend the intensity of the existing level; or

(ii) compromise coastal management outcomes and principles

Note: Supporting information required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

P2 No solution specified.

Not applicable.

High Impact Activity Areas5

5 Refer to High Impact Activities Information Map.

P1 Land uses adjoining high impact activity activities as indicated on Figure 9-8.1and Figure 9-8.2“High Impact Activities” are designed and sited to manage adverse effects on site users by providing:

(i) noise attenuation measures;

(ii) buffers between sensitive uses and the high activity areas;

(iii) landscaping including bunding between sensitive

S1.1 Land uses adjoining high impact activity areas are set back from those areas in accordance with Table 9-8.3.

Table 9-8.3 Setbacks (measured from the boundary of the actual activity including ancillary site area for supporting activities or planned future expansion)

High Impact Activity Buffer Distance

Sewerage Treatment Plans (in general)

50,000 EP plant 1.475km

20,000 EP plant 500m

3,500 EP plant or less 500m

Not applicable.




use areas and high impact activity areas; and

(iv) any other measures required to ensure that a nuisance is minimised.

University 200m

Key Resource Areas (KRAs) (See figs 9-

8.1 and 9-8.2)

The Cedars – KRA23 Separation Area identified in Figure 9-8.2

The Cedars Haul Route

100m

Farleigh – KR24 Separation Area identified in Figure 9-8.2

Farleigh Haul Route 100m

Activities Producing Spray Drift, Noise, Smoke or Odour

Min. Default

Distance (m)

Min. Design

Distance with

Buffer (m)

Agricultural chemical spray drift

300m open space

40m vegetated buffer

Intermittent odour (>88 hrs/yr)

500m 500m

Intermittent noise as defined in planning guidelines

60m day / 1000m night


Long term noise (>50 hrs/yr)



Dust, smoke and ash 150m 40

S1.2 Land other than Industry (High Impact) uses, adjoining high impact activity areas are set back from those areas in accordance with Table 9-8.4.

Table 9-8.4 Setbacks (measured from the boundary of the actual activity including ancillary site area for supporting activities or planned future expansion)

Quarries (Council and State Quarries other than KRAs)

1000m

Slaughter Yard 1000m

Sugar Mill 1000m

Meatworks 1000m

S3 Land uses other than Industry (High Impact) uses, adjoining high impact activity areas are setback from those areas in accordance with Table 9-8.5.

Table 9-8.5 Setbacks (measured from the boundary of the actual activity including ancillary site area for




supporting activity or planned future expansion)

Waste Facilities6 1000m

Transfer Stations7 300m

Greenwaste Facilities8

300m

6 Including Paget Waste Facility and Hogans Pocket. 7 Including Bloomsbury, Calen, Seaforth and Kuttabul. 8 Including Walkerston, Bucasia and Bayersville.

P2 Specific Sewerage Treatment Plants meet the following criteria:

PLANT BUFFER DISTANCE

Mackay Southern Water Recycling Facility 97,000 EP

1.0km


P3 Mackay Sugar Wastewater

Ponds meet the following

criteria:

PLANT BUFFER DISTANCE

Mackay Sugar Wastewater Ponds

1.0km

Not applicable.

Landscaping and Fencing

P1 Development is provided with adequate and suitable landscaping and screening on the site which ensures:

(i) an attractive streetscape appearance; and

(ii) the privacy and amenity of any adjoining residences.

S1 Landscaping is provided in accordance with the Landscaping Planning Scheme Policy.

Not applicable.

Generally not required in the Rural

Zone.

P2 Landscaping is designed to prevent encroachment upon electricity infrastructure.

S2.1 Landscaping near electricity lines or substations, are designed and developed so that any vegetation at maturity or landscaping structures or works will not exceed 4.0m in height on land:

(i) in an electric line shadow9; or

(ii) within 5m of an electric line shadow; or

(iii) within 5m of a substation boundary.

S2.2 Elsewhere, vegetation is planted in a position that is further from the nearest edge of an electric line shadow or substation boundary than the expected maximum height at maturity of vegetation.

S2.3 On land adjoining an electricity substation boundary, the vegetation foliage at maturity will not

Not applicable.




be within 3m of the substation boundary. However, where a substation has a solid wall along any part of its boundary, foliage may extend to, but not above or beyond, that solid wall.

9 Electric Line Shadow is defined in Schedule 1.

P3 Landscaping provides a 2m wide landscaped strip adjacent to the road frontage incorporating existing vegetation wherever possible.


Not applicable.

P4 A landscape strip is provided comprising either a 1.8m high solid fence or 2m wide planted screen adjacent to all side and rear boundaries of a site which adjoins any residential area.


Not applicable.

P5 Landscaping around buildings is designed to maximise shade and redirect cooling breezes in summer and to provide a windbreak in winter.


Not applicable.

P6 Landscaping incorporates planting for shading summer sun, including:

(i) tall shade trees to the west and east of the building; and

(ii) trellises or pergolas adjacent to windows to the north of the building.


Not applicable.

P7 Landscaping is designed to maximise the outdoor shade areas and minimise use of hard reflective surfaces around the building.


Landscaping for Outdoor Vehicle Parking Areas

P8 Landscaping for outdoor vehicle parking areas, where development is for the purposes of Accommodation units, multiple dwelling units, Sport and recreation, indoor entertainment, outdoor entertainment, child care centre, service station, motel, Industrial uses and retail or commercial uses, will:

(i) visually enhance the area along any road frontage;

(ii) screen the area from any adjoining residential or other sensitive uses;

(iii) provide visual relief and shade throughout the area; and

(iv) be compatible with local native species.

S8.1 Landscaping of outdoor vehicle parking areas provides planting of trees and shrubs:

(i) in a strip 2m wide along any primary road frontage at a density and a scale appropriate to the size of the vehicle parking area and the function of the adjoining road; and

(ii) in median areas throughout the vehicle parking area at a rate of 1 shade tree for every 6 parking spaces.

S8.2 Provide a wall, fence or continuous screen planting, to a height of at least 1.8m along any boundary to land used or likely to be used for residential or other sensitive use.

Not applicable.




Landscaping - General Requirements

P9 Landscaping is designed and established to:

(i) an appropriate scale relative to both the street reserve width and to the size and nature of the development;

(ii) incorporate remnant vegetation, where possible;

(iii) provide summer shade and shelter for pedestrian comfort and energy efficiency of buildings;

(iv) maximise areas suitable for on-site infiltration of stormwater;

(v) allow for pedestrian and vehicle safety;

(vi) generate a cohesive and distinct visual character for the streetscape and locality;

(vii) be suitable to the tropical climate; and;

(viii) provides planting, paving and other landscape treatment according to a Landscaping Plan; and

(ix) minimise irrigation requirements through appropriate plant selection, mulching and water efficient irrigation systems.

Note: The Landscape Planning Scheme Policy should be referred to for information that may be required by Council to assist in assessment of an application.


Not applicable.

Vegetation Management

P10 Natural vegetation is maintained wherever possible.

Note: Assessable development being operational work that is clearing of native vegetation of freehold land consistent with Schedule 8, Part 1, 3A of IPA will be assessed under the provisions of the Vegetation Management Act 1999 and the State code for clearing of vegetation on freehold land.


No vegetation will be cleared.

Community Safety Design Principles

Surveillance and Sightlines

P1 Premises provide opportunities for informal surveillance from surrounding buildings and land uses.

Note: Ways of showing compliance are as follows:

S1 No solution specified. Can comply.




(i) Windows in buildings overlook pedestrian routes, open space areas and carparks.

(ii) No blank building facade is presented to any street frontage.

(iii) Street level windows are provided in buildings fronting onto public spaces and movement routes.

P2 Where located adjacent to public areas, premises are designed to permit surveillance of public areas.


P3 Buildings and street addresses in urban areas are easily identified.


P4 Premises for uses other than dwelling houses and dual occupancy, are illuminated at night to:

(i) maximise personal safety of site users; and

(ii) minimise opportunities for attack by hidden persons.

(iii) provide lighting along access routes, in building entrances, site entries, car parking areas and other movement areas used after dark.

S4 No solution specified Not applicable.

P5 Visibility is provided into stairwells, elevators, car parks, lobby entrances and bicycle parking facilities.


P6 Premises and their surrounds do not include:

(i) ‘blind’ corners (including on stairs, in corridors or other situations where movement can be predicted);

(ii) sudden changes of grade on pathways which reduces sightlines;

(iii) concealment spots (unless they can be secured after hours); and

(iv) pedestrian tunnels, excepting that where unimpeded sightlines or the absence of concealment points cannot be reasonably achieved, equipment (such as security mirrors) and good lighting is provided to enhance visibility.

(v) potential concealment areas (i.e. dead-end alleys) are restricted or locked after hours.

(vi) where a concealment spot is





unavoidable, there are aids to visibility such as convex mirrors and good secure lighting.

(vii) concealment spots such as:

a) dark areas adjacent to a main/designated pedestrian routes;

b) private dead-end alleyways;

c) indentation in fencing or walls;

d) gaps in the streets such as entrances to interior courtyards and recessed doorways; and

e) areas that are isolated after dark; are not located on the premises.

P7 Building entrances:

(i) are clearly defined;

(ii) are well lit and face the street;

(iii) do not create concealment spots;

(iv) provide clear sightlines from the building foyer so that occupants can see outside before leaving the building;

(v) have lobbies visible from the exterior; and

(vi) have staff entrances, if separate, which are well lit and maximise opportunities for informal surveillance and for clear sightlines.


P8 Landscaping is designed and maintained to provide informal surveillance and clear sight lines on accessways and to other public spaces.

S8 “Vulnerable premises” provide landscaping designed to promote safety including:

(i) planting which does not obscure doors and windows overlooking public spaces and isolated areas;

(ii) shrubbery and low-level planting associated with footpaths which does not exceed 0.5m in height where abutting pavements;

(iii) trees in vulnerable settings which do not have branches below 1.5m; and

(iv) hard landscaping elements such as low fencing and walls (below 1.2m) which guide pedestrians and vehicles along designated paths.

Not applicable.

Safe Movement and Access




P9 The design of premises provides for unimpeded sightlines, particularly along pedestrian and bicycle routes.

S9 All barriers (including landscaping features) along bicycle and pedestrian routes are visually permeable (i.e. can be easily seen through to reduce concealment points).

Complies

The proposal will not result in barriers providing concealment points.

P10 Car parking areas are:

(i) designed to optimise informal surveillance and illumination, and to minimise unlawful access;

(ii) well lit to enable visibility of all external edges and routes providing access to the car park;

(iii) designed to minimise instances of large numbers of cars being co-located (over 100 cars in a single block). If more than 100 cars, more than one entry / exit point is provided so that the car park does not become an entrapment area.


Not applicable.

P11 Underpasses and overpasses are designed and located to reduce opportunities for crime, so that:

(i) pedestrians are able to see what is in an underpass or tunnel and at the end of it before entering; and

(ii) signs at each end of an underpass indicate where it leads and an alternative route to use at night.


Not applicable.

P12 Underpasses are wide enough to accommodate both pedestrian and cycle traffic, (Note: Council will refer to the provisions of AUSTROADS Guide to Traffic Engineering Practice Part 14- Bicycles).


Not applicable.

P13 The design and location of laneways and alleyways promotes community safety.

S13.1 Laneways are straight and have more than one entrance.

S13.2 Unnecessary access to buildings from laneways is avoided.

Not applicable.

Building Design and Lighting

P14 Buildings contribute positively to the enhancement of public safety and security.

S14.1 Ramps and elevator entrances are located in areas which are not isolated.

S14.2 Lifts are located within a secure entrance, and incorporate graffiti and vandal-resistant measures (i.e. a fully glazed and enclosed vestibule area at the exit to the lifts).

S14.3 Loading and storage areas are well lit or can be locked after

Not applicable.




hours.

S14.4 Parking spaces are allocated near the building entry for employees working after hours.

S14.5 Enclosed or underground car parks can only be accessed from inside the building or through a security system.

S14.6 All windows, particular those at street level are secure, without creating a ‘fortress-like’ appearance (i.e. avoid solid roller shutters).

P15 Lighting is provided which:

(i) increases safety and security in and around the premises;

(ii) considers vegetation, in both its existing and mature forms, or other elements that may have the potential to block out light;

(iii) illuminates inset spaces, access/egress routes car parking areas and signage; and

(iv) supports visibility for pedestrians, as well as road users.

S15.1 No specific solution.

Note: Council will refer to the following as guidance in assessment of compliance:

Security lighting is consistent with Australian Standard S 4282 (1997) (The Control of Obtrusive Effects of Outdoor Lighting.

Lighting of pedestrian and bicycle movement routes, public spaces and outdoor signage in public spaces is to the minimum Australian Standard of AS1158 (Public Lighting Code).

Not applicable.

Constructed Lakes

Specific Outcomes Acceptable / Probable Solutions

Outcomes Achieved

Constructed Lakes

P1 Natural design concepts are a primary consideration for a constructed lake.


P2 Constructed lakes are designed to be:

(i) consistent with the area’s social and recreational masterplans;

(ii) sustainable;

(iii) appropriately managed; and

(iv) have minimal adverse impacts on surrounding environments.

S2.1 Lake depth is <3m

S2.2 The design of a constructed lake complies with the Engineering Design Guideline Planning Scheme Policy.

Not applicable.

P3 Constructed lakes are to operate under a financially sustainable management regime.

S3 Lakes are provided under private ownership.

Not applicable.

Bushfire Management Overlay Code

Specific Outcomes Acceptable / Probable

Solutions

Response/Comment


P1 Development maintains the

safety of people and property by:

(i) avoiding the areas of High or

Medium bushfire hazard as

indicated on the Bushfire

Management Overlay Map; or

(ii) mitigating the risk through:

(a) allotment design and the

appropriate siting of building;

and

(b) including firebreaks that

provide adequate setback

between buildings / structures

and hazardous vegetation and

access for fire-fighting and

other emergency vehicles;

and

(c) providing adequate road

access for fire fighting and

other emergency vehicles and

safe evacuations; and

(d) providing an adequate and

accessible water supply for

firefighting purposes.

Note: To assist Council in

assessing an application for

Assessable Development in a

bushfire hazard area information

should be provided as detailed in

the Bushfire Management

Planning Scheme Policy.

S1.1 Development is located

on land that is not subject to

High or Medium bushfire

hazard as indicated on the

Bushfire Management

Overlay Map; or

S1.2 For all development:

(i) buildings and structures

on lots greater than

2,500m²;

(a) achieve setbacks from

vegetation of 1.5

times the

predominant mature

canopy tree height or

10 m, whichever is

greater; or

(b) 10 m from any retained

vegetation strips or

small areas of

vegetation;

S1.3 Firebreaks are

provided by:

(i) a perimeter road that

separates lots from areas of

bushfire hazard and that

road has:

(a) a minimum cleared

width of 20m; and

(b) a constructed road

width and all weather

standard in accordance

with Engineering

Standards Planning

Scheme Policy or

(ii) fire maintenance trails

which:

(a) have a minimum

cleared width of 6m;

(b) have vehicular access

at each end;

(c) provide passing bays

and turning areas for

firefighting appliances;

(d) are either located on

public land, or within an

access easement that is

Not applicable.

Council’s mapping is considered to be

incorrect as the site is completely cleared of

vegetation and predominately surrounded by

open pasture land.

Bushfire Management Overlay Code


Solutions

Response/Comment

granted in favour of

Council and QFRS; and

(e) cleared breaks of 6m

minimum width are

provided within retained

bushland within the site

(e.g. creek corridors and

other retained vegetation)

to allow burning of

sections and access for

bushfire response.

P2 For development that will

result in multiple buildings or lots

(being Community Title Lots):

(i) buildings and structures are

sited on lots that are designed so

that their size and shape allow

for:

(a) efficient emergency access to

buildings for firefighting

appliances (e.g. by avoiding long

narrow lots with long access drive

to buildings); (b) setbacks and

buildings siting in accordance

with 1.2 above.


Not applicable.




open pasture land.

P3 Roads have:

(i) a maximum gradient of 12.5%;

(ii) exclude cul de sacs, except

where a perimeter road isolates

the development from hazardous

vegetation or the cul de sac is

provided with an alternative

access linking the cul de sac to

other through roads.





open pasture land.

Hazardous Materials

P4 Public safety and the

environment are not adversely

affected by the detrimental

impacts of bushfire on hazardous

materials manufactured or stored

in bulk.

S4 No solution specified. Not applicable (no hazardous material).

Steep land Code


Solutions

Response/Comment


P1Development does not occur in

areas of steep land, as identified in

the Steep Land Overlay Mao to

ensure:

i. Erosion risk minimised; and

ii. Timbered and scenic

ridgelines are maintained in

their natural state.

S1.1 Development is not located

on steep land with a slope

greater than 15%.

S1.2 There is no land clearing or

earthworks on slopes greater

than 15%.

Not applicable.


incorrect as the site is flat with grades

averaging 5%.

P2 No development is located on

steep land or on any part of a site

subject to landslide hazard from

sloping land above the site.




averaging 5%.

P3 Extensions to existing premises

located on steep land are minimal.

S3 Where existing premises are

located on steep land,

development does not:

i. Involve any new

building work other

than a minor extension

of (up to 20m2 gross

floor area) to an

existing building; or

ii. Involve vegetation

clearing.

Not applicable.



averaging 5%.

Reconfiguring a lot

P4 Reconfiguring a lot on steep land

does not occur.




averaging 5%.

Good Quality Agricultural Land Overlay Code


Solutions

Response/Comment


P1 Where the development is on

land as shown on the Good

Quality Agricultural Land Overlay

Map as GQAL and involves the

establishment of resident uses or

any uses having a residential

component:

(i) the amenity of

residential uses are

protected; and

(ii) the operations of

nearby agricultural

land is not

constrained by the

development.

S1 The residential activity

areas on the site are

separated from the nearby

agricultural land as follows:

(i) where in proximity to

canelands or other

horticultural activity:

(a) a minimum 40m, where the

distance incorporates

vegetation; or

(b) a minimum 300m where

the distance is to be left as

open ground; and

(ii) where in proximity to any

intensive animal husbandry, a

minimum 500m.

Complies.

The site is predominately

surrounding by rural residential

development. The equestrian

theme of the development

aims to appeal to people who

enjoy living in a bona fide rural

area. It is highly unlikely that

any land uses conflicts would

arise as a result of the

development considering the

intended future occupants will

be actively involved in their

own rural pursuits.

Furthermore, there is no

sugarcane grown within the

immediate area which could

create a nuisance to

occupants during harvesting

and spraying crops.

P2 Where it is proposed to

establish a residential use or any

use having a residential

component within those buffer

distances shown in S1 above,

then the premises incorporates

mitigation measures to ensure

that:

(i) the amenity of

residential uses are

protected; and

(ii) the operations of

nearby agricultural

land is not

constrained by the

development.


A buffer should not be

required, refer to comments

above.

P3 Development on land as

shown on the Good Quality

Agricultural Land Overlay Map as

GQAL does not result in land

taken out of agricultural use

unless:


An equestrian is a rural use

and is suitable on Good

Quality Agricultural Land. The

equestrian use is established

on the site and the proposed


Solutions

Response/Comment

(i) an overriding

community need for

the development is

demonstrated; and

(ii) no alternative sites

are available.

development encourages the

continued appreciation of the

rural land for rural purposes.

P4 Reconfiguring a lot on good

quality agricultural land occurs

only where new lots do not

adversely affect the potential to

sustain agriculture or the

continued use of the land as an

agricultural resource30 by:

(i) not limiting the range

of crops able to be

grown on any of the

lots created; or

(ii) creating new lots only

where they can be

amalgamated or used

economically in

conjunction with other

agricultural land.


The proposed development

will not adversely affect the

potential to sustain agricultural

on the site.

P5 Where the reconfiguring of a

lot is for residential purposes on

land adjacent to good quality

agricultural land, the lot size and

layout accommodates a buffer

area such that:

(i) the potential to

sustain agriculture on

the adjoining land is

maintained; and

(ii) future residential

amenity on the new

lot is protected.

S5 All residential lots abutting good quality agricultural land have the following minimum dimensions: (i) where immediately abutting canelands or other horticultural activity; (ii) a minimum depth of 60m where a vegetated buffer to a depth of 40m is incorporated into the lot; or (iii) a minimum depth of 320m where the buffer is on open ground; and

Not applicable.

In this instance a buffer is not

required as outlined above.

P6 Where reconfiguring a lot in

the Rural zone involves boundary

realignments and the primary use

of the lot is residential:

(i) the lot does not

include good quality

agricultural land; and

(ii) buffers to GQAL and



Solutions

Response/Comment

associated rail

infrastructure (i.e.

tram lines) are

included in the lot.

P7 Where the lots are identified

for sugar cane production the

lots are shaped to facilitate

production.


P8 Where development likely to

result in the establishment of

new activities / uses is proposed

within 300 m of land identified on

the Good Quality Agricultural

Land Overlay Map as GQAL and

is used for agriculture, a buffer to

the GQAL is included on the

subject site.

Note: The buffer does not

contain GQAL.


In this instance a buffer is not

required as outlined above.

Appendix 7: SDAP Codes

State development assessment provisions Module 1 — Community amenity 1.1 Managing noise and vibration impacts from transport corridors state code 5 December 2016 V1.10 Page 1 of 2

1.1 Managing noise and vibration impacts from transport corridors state code

Table 1.1.2: Reconfiguring a lot

Performance outcomes Acceptable outcomes Response Comment

Future anticipated accommodation activity near a state controlled road or type 1 multi-modal corridor

PO1 Development involving land where a future anticipated accommodation activity is made exempt or self-assessable development under a local planning instrument is to achieve acceptable noise levels for residents and visitors by mitigating adverse impacts on the development site from noise generated by a state-controlled road or a type 1 multi-modal corridor.

AO1.1 Land for a future anticipated accommodation activity exposed to noise from a state-controlled road or type 1 multi-modal corridor meets the following external noise criteria at the building envelope or if the building envelope is unknown, the deemed-to-comply setback distance for buildings stipulated by the local planning instrument or relevant building regulations#:

(1) ≤57 dB(A) L10 (18 hour) free field (measured L90 (18 hour) free field between 6 am and 12 midnight ≤45 dB(A))

(2) ≤60 dB(A) L10 (18 hour) free field (measured L90 (18 hour) free field between 6 am and 12 midnight >45 dB(A)).

N/A Can comply at future building works application stage.

Future anticipated accommodation activity near a railway (with 15 or more passing trains per day) or a type 2 multi-modal corridor

PO2 Development involving land where a future anticipated accommodation activity is made exempt or self-assessable development under a local planning instrument is to achieve acceptable noise levels for residents and visitors by mitigating adverse impacts on the development site from noise generated by a railway with 15 or more passing trains per day or a type 2 multi-modal corridor.

AO2.1 Land for a future anticipated accommodation activity exposed to noise from a railway with 15 or more passing trains per day or a type 2 multi-modal corridor meets the following external noise criteria at the building envelope or if the building envelope is unknown, the deemed-to-comply setback distance for buildings stipulated by the local planning instrument or relevant building regulations#:

(1) ≤62 dB(A) Leq (24 hour) free field

(2) ≤84 dB(A) (single event maximum sound pressure level) free field.

N/A The site is not located within close proximity to a railway or type 2 multi modal corridor.

Future anticipated accommodation activity near a busway or light rail

PO3 Development involving land where a future anticipated accommodation activity is made exempt or self-assessable development under a local planning instrument is to achieve acceptable noise levels by mitigating adverse impacts on the development site from noise

AO3.1 Land for a future anticipated accommodation activity exposed to noise from a busway or light rail meets the following external noise criteria at the building envelope or if the building envelope is unknown, the deemed-to-comply setback distance for buildings stipulated by the local government planning instrument or building regulations#:

N/A The site is not located within close proximity to a busway or light rail.

Response column key: Achieved P/S Performance solution N/A Not applicable


State development assessment provisions Module 1 — Community amenity 1.1 Managing noise and vibration impacts from transport corridors state code 5 December 2016 V1.10 Page 2 of 2


generated by a busway or light rail. (1) ≤52 dB(A) Leq (1 hour) free field (maximum hour between 6 am and 10 pm)

(2) ≤47 dB(A) Leq (1 hour) free field (maximum hour between 10 pm and 6 am)

(3) ≤66 dB(A) Lmax free field.

Noise barriers or earth mounds

PO4 Noise barriers or earth mounds erected to mitigate noise from transport operations and infrastructure are designed, sited and constructed to:

(1) maintain safe operation and maintenance of state transport infrastructure

(2) minimise impacts on surrounding properties

(3) complement the surrounding local environment

(4) maintain fauna movement corridors where appropriate.

AO4.1 Where adjacent to a state-controlled road or a type 1 multi-modal corridor, noise barriers and earth mounds are designed, sited and constructed in accordance with Chapter 7 Integrated Noise Barrier Design of the Transport Noise Management Code of Practice – Volume 1 Road Traffic Noise, Department of Transport and Main Roads, 2013.

Or

N/A No noise barriers or earth mounds are proposed.

AO4.2 Where adjacent to a railway or a type 2 multi-modal corridor, noise barriers and earth mounds are designed, sited and constructed in accordance with the Civil Engineering Technical Requirement — CIVIL-SR-014 Design of noise barriers adjacent to railways, Queensland Rail, 2011.

Or


AO4.3 No acceptable outcome is prescribed for noise barriers and earth mounds adjacent to a busway or light rail.


State development assessment provisions Module 1 — Community amenity 1.2 Managing air and lighting impacts from transport corridors state code 5 December 2016 V1.10 Page 1 of 2

1.2 Managing air and lighting impacts from transport corridors state code

Table 1.2.1: Building work, material change of use and reconfiguring a lot


Air quality

PO1 Development involving sensitive development achieves acceptable levels of air quality for occupiers or users of the development by mitigating adverse impacts on the development from air emissions generated by state transport infrastructure.

AO1.1 Every private open space and passive recreation area of an accommodation activity meets the air quality objectives in the Environmental Protection (Air) Policy 2008 for the following indicators:

(1) carbon monoxide

(2) nitrogen dioxide

(3) sulphur dioxide

(4) photochemical oxidants

(5) respirable particulate matter (PM10)

(6) fine particulate matter (PM2.5)

(7) lead

(8) toluene

(9) formaldehyde

(10) xylenes.

And

The development is located within a rural area and is unlikely to be adversely impacted by air emissions from passing traffic. The application is for a s242 preliminary approval. Further detailed design is required as part of future development permits, at which time impacts of air quality can be assessed.

AO1.2 Every outdoor education area and passive recreation area of an educational establishment, childcare centre and hospital meets the air quality objectives in the Environmental Protection (Air) Policy 2008 for the following indicators:

(1) carbon monoxide

(2) nitrogen dioxide

(3) sulphur dioxide

(4) photochemical oxidants

(5) respirable particulate matter (PM10)

(6) fine particulate matter (PM2.5)

(7) lead

(8) toluene

(9) formaldehyde

N/A



State development assessment provisions Module 1 — Community amenity 1.2 Managing air and lighting impacts from transport corridors state code 5 December 2016 V1.10 Page 2 of 2


(10) xylenes.

Lighting impacts

PO2 Development involving an accommodation activity or hospital achieves acceptable levels of amenity for residents and patients by mitigating lighting impacts from state transport infrastructure.

AO2.1 Buildings for an accommodation activity or hospital are designed, sited and constructed to incorporate treatments to attenuate ingress of artificial lighting from state transport infrastructure during the hours of 10 pm – 6 am.

N/A The development is located within a rural area and is unlikely to be adversely impacted by lighting from passing traffic. The application is for a s242 preliminary approval. Further detailed design is required as part of future development permits, at which time impacts of air quality can be assessed.

State development assessment provisions Module 18 — State transport infrastructure protection 18.1 Filling, excavation and structures state code 5 December 2016 V1.10 Page 1 of 7

18.1 Filling, excavation and structures state code

Table 18.1.1: All development


All development

PO1 Buildings, services, structures and utilities do not adversely impact on the safety or operation of:

(1) state transport corridors

(2) future state transport corridors

(3) state transport infrastructure

Editor’s note: For a railway, Section 2.3 – Structures, setbacks, utilities and maintenance of the Guide for Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this performance outcome.

AO1.1 Buildings, structures, services and utilities are not located in a railway, future railway land or public passenger transport corridor.

And

N/A No buildings, structures, services and utilities are located in a railway, future railway land or public passenger transport corridor.

AO1.2 Buildings and structures are set back horizontally a minimum of three metres from overhead line equipment.

And

N/A

AO1.3 Construction activities do not encroach into a railway or public passenger transport corridor.

And

N/A

AO1.4 The lowest part of development in or over a railway or future railway land is to be a minimum of:

(1) 7.9 metres above the railway track where the proposed development extends along the railway for a distance of less than 40 metres, or

(2) 9.0 metres above the railway track where the development extends along the railway for a distance of between 40 and 80 metres.

And

N/A

AO1.5 Existing authorised access points and access routes to state transport corridors for maintenance and emergency works are maintained, allowing for uninterrupted access at all times.

And

N/A The development will not have any impact on access for maintenance and emergency works.

AO1.6 Pipe work, services and utilities can be maintained without requiring access to the state transport corridor.

And

N/A The site does not contain any pipe work, services or utilities which need to be maintained via a State Controlled Road.

AO1.7 Pipe work, services and utilities are not attached to rail transport infrastructure:

(1) are not attached to rail transport infrastructure or other rail infrastructure, and

N/A The site is not located within close proximity to rail transport infrastructure.


Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable Response column key: Achieved P/S Performance solution N/A Not applicable



(2) do not penetrate through the side of any proposed building element or structure where built to boundary in, over or abutting a railway.

And

AO1.8 Buildings and structures are set back a minimum of three metres from a railway bridge.

And

N/A

AO1.9 Development below or abutting a railway bridge is to be clear of permanent structures or any other activity that may impede emergency access or works and maintenance of rail transport infrastructure.

Editor’s note: Temporary activities below or abutting a railway bridge could include, for example, car parking or outdoor storage.

N/A

AO1.10 Development above a railway is designed to facilitate ventilation as follows:

(1) for development extending above a railway for a distance of less than 80 metres, gaps are provided to ensure natural ventilation, or

(2) for development extending above a railway for a distance of more than 80 metres, ventilation shafts are provided.

Editor’s note: For development extending above a railway for a distance of more than 80 metres, it is recommended that modelling of smoke dispersion should be undertaken by a RPEQ to predict the spread of combustion products and inform the ventilation design. Section 5.1 – Development over a railway of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this acceptable outcome.

N/A The development is not above a railway.

PO2 Development prevents unauthorised access to:

(1) state transport corridors,

(2) future state transport corridors,

(3) state transport infrastructure,

by people, vehicles and projectiles.

Editor’s note: For a railway, Section 2.4 – Preventing unauthorised access of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to

AO2.1 Fencing is provided along the property boundary with the railway.

Editor’s note: Where fencing is provided it is to be in accordance with the railway manager’s standards.

And

N/A The development does not provide any unauthorised access.

AO2.2 Accommodation activities with a publicly accessible area located within 10 metres from the boundary of a railway or 20 metres from the centreline of the nearest railway track (whichever is the shorter distance), include throw protection screens for the publicly accessible area as follows:

N/A



comply with this performance outcome. (1) openings of no greater than 25 mm x 25 mm

(2) height of 2.4 metres vertically above the highest toe hold if see-through, or 2 metres if non see-through.

Editor’s note: Expanded metal is considered see-through.

And

AO2.3 Development in or over a railway or future railway land includes throw protection screens.

Editor’s note: Throw protection screens in a railway or future railway land designed in accordance with the relevant provisions of the Civil Engineering Technical Requirement CIVIL-SR-005 Design of buildings over or near railways, Queensland Rail, 2011, and the Civil Engineering Technical Requirement CIVIL-SR-008 Protection screens, Queensland Rail, 2011, comply with this acceptable outcome.

And

(1)

N/A

AO2.4 Road barriers are installed along any proposed roads abutting a railway.

Editor’s note: Road barriers designed in accordance with Queensland Rail Civil Engineering Technical Requirement CIVIL-SR-007 Design and selection criteria for road/rail interface barriers comply with this acceptable outcome.

And

N/A

AO2.5 Proposed vehicle manoeuvring areas, driveways, loading areas or carparks abutting a railway include rail interface barriers.

Editor’s note: A Registered Professional Engineer of Queensland (RPEQ) certified barrier design complies with this acceptable outcome.

N/A

PO3 Buildings and structures in, over or below a railway or future railway land are able to sustain impacts to their structural integrity in the event of an impact from a derailed train.

AO3.1 Buildings and structures, including piers or supporting elements, located in, over or below a railway or future railway land are designed and constructed in accordance with AS5100 Bridge design, AS 1170 Structural design actions and Civil Engineering Technical Requirement CIVIL-SR-012 Collision protection of supporting elements adjacent to railways, Queensland Rail, 2011.

N/A

The site is not located over of below a railway land.

PO4 Buildings and structures in, over, below or within 50 metres of a state-controlled transport tunnel or a future

AO4.1 Development in, over, below or within 50 metres of a state-controlled transport tunnel or future state-controlled transport tunnel ensures that the tunnel is:

N/A

The site is not within close proximity to a transport tunnel.



state-controlled transport tunnel have no adverse impact on the structural integrity of the state-controlled transport tunnel.

Editor’s note: For a railway, Section 2.5 – Tunnels of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this performance outcome.

(1) not vertically overloaded or affected by the addition or removal of lateral loading

(2) not adversely affected as a result of directly or indirectly disturbing groundwater or soil.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a Registered Professional Engineer of Queensland (RPEQ) certified geotechnical investigation, earthworks drawings and supporting technical details, and structural engineering drawings and supporting technical details be prepared and submitted with the application.

PO5 Development involving dangerous goods adjacent to a railway or future railway land does not adversely impact on the safety of a railway.

Editor’s note: Section 2.6 – Dangerous goods and fire safety of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this performance outcome.

AO5.1 Development involving dangerous goods, other than hazardous chemicals below the threshold quantities listed in table 5.2 of the State Planning Policy guideline: State interest – emissions and hazardous activities, Guidance on development involving hazardous chemicals, Department of State Development, Infrastructure and Planning, 2013, ensures that impacts on a railway from a fire, explosion, spill, gas emission or dangerous goods incident can be appropriately mitigated.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a risk assessment be undertaken in accordance with Attachment 1: Risk assessment guide of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015.

N/A The development does not involve dangerous goods.

PO6 Any part of the development located within 25 metres of a state-controlled road or future state-controlled road minimises the potential to distract drivers and cause a safety hazard.

AO6.1 Advertising devices proposed to be located within 25 metres of a state-controlled road or future state-controlled road are designed to meet the relevant standards for advertising outside the boundaries of, but visible from, a state-controlled road, outlined within the Roadside advertising guide, Department of Transport and Main Roads, 2013.

N/A The development does not involve any filling or excavation works. The development will not distract drivers whatsoever.

PO7 Filling, excavation and construction does not adversely impact on or compromise the safety or operation of:

(1) state transport corridors,

(2) future state transport corridors,

(3) state transport infrastructure.

Editor’s note: For a railway, Section 2.7 – Filling, excavation and ground disturbance of the Guide to Development in a Transport Environment: Rail, Department of Transport

AO7.1 Filling and excavation does not undermine, cause subsidence of, or groundwater seepage onto a state transport corridor or future state transport corridor.

Editor’s note: To demonstrate compliance with this acceptable outcome for a state-controlled road, it is recommended that a filling and excavation report assessing the proposed filling and excavation be prepared in accordance with the requirements of the Road planning and design manual, Department of Transport and Main Roads, 2013.

Editor’s note: To demonstrate compliance with this acceptable outcome for a state transport corridor, excluding a state-controlled road, it is recommended that the following be

N/A The development does not involve any filling or excavation works.



and Main Roads, 2015, provides guidance on how to comply with this performance outcome.

submitted with the application:

(1) a RPEQ certified geotechnical investigation

(2) RPEQ certified earthworks drawings and supporting technical details

(3) RPEQ certified structural engineering drawings and supporting technical details.

Editor’s note: If a development involves filling and excavation within a state-controlled road, an approval issued by the Department of Transport and Main Roads under section 33 of the Transport Infrastructure Act 1994 may be required.

And

AO7.2 Development involving excavation, boring, piling or blasting does not result in vibration impacts during construction or blasting which would compromise the safety and operational integrity of a state transport corridor.

Editor’s note: To demonstrate compliance with this acceptable outcome it is recommended that an RPEQ certified geotechnical report be prepared and submitted with the application.

And


AO7.3 Development does not store fill, spoil or any other material in a railway.


PO8 Filling and excavation does not interfere with or impact on existing or future planned services or public utilities on a state-controlled road.

AO8.1 Any alternative service and public utility alignment must satisfy the standards and design specifications of the service or public utility provider, and any costs of relocation are borne by the developer.

Editor’s note: An approval issued by the Department of Transport and Main Roads under section 33 of the Transport Infrastructure Act 1994 may be required.

N/A

The development does not involve any filling or excavation works.

PO9 Retaining or reinforced soil structures required to contain fill and excavation:

(1) do not encroach on a state transport corridor,

(2) are capable of being constructed and maintained without adversely impacting a state transport corridor,

(3) do not adversely impact on a state transport corridor through the addition or removal of lateral loads

AO9.1 Retaining or reinforced soil structures (including footings, rock anchors and soil nails) are not located in a state transport corridor or future state transport corridor.

And

N/A

Any works will not encroach into the state transport corridor.

AO9.2 Retaining or reinforced soil structures in excess of an overall height of one metre abutting a state transport corridor are to be designed and certified by a structural RPEQ.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that the following be submitted with the application:

N/A

No retaining or reinforced soils structures are proposed.



or surcharge loads,

(4) are constructed of durable materials which maximise the life of the structure.

Editor’s note: For a railway, Section 2.7 – Filling, excavation and ground disturbance of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this performance outcome.

(1) a RPEQ certified geotechnical investigation

(2) RPEQ certified earthworks drawings and supporting technical details

(3) RPEQ certified structural engineering drawings and supporting technical details.

And

AO9.3 Retaining or reinforced soil structures that are set back less than 750 millimetres from a common boundary with a state-controlled road are certified by a structural RPEQ and designed to achieve a low maintenance external finish.

And

N/A No retaining or reinforced soils structures are proposed.

AO9.4 Retaining or reinforced soil structures adjacent to a state-controlled road, and in excess of an overall height of two metres, incorporate design treatments (such as terracing or planting) to reduce the overall height impact.

And


AO9.5 Construction materials of all retaining or reinforced soil structures have a design life exceeding 40 years, and comply with the specifications approved by a RPEQ.

And


AO9.6 Temporary structures and batters do not encroach into a railway.

And

N/A

AO9.7 Surcharge loading from vehicles or the stockpiling of materials or soil on retaining or reinforced soil structures adjacent to a state transport corridor or future state transport corridor meet the requirements of AS5100.2 Bridge design—Design loads or a minimum of 10 kPa (whichever is greater).

And

N/A Noted.

AO9.8 Excavation or any other works do not remove the lateral load of retaining structures associated with, or adjacent to, a state transport corridor.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a RPEQ certified geotechnical and structural assessment be prepared and submitted with the application.

N/A Noted.



PO10 Filling and excavation does not cause siltation and erosion run-off from the property, or wind blown dust nuisance onto a state-controlled road.

AO10.1 Compaction of fill is carried out in accordance with the requirements of AS 1289.0 2000 – Methods of testing soils for engineering purposes.

N/A No compaction of fill is proposed.

PO11 Where the quantity of fill or excavated spoil material being imported or exported for a development exceeds 10 000 tonnes, and haulage will be on a state-controlled road, any impact on the infrastructure is identified and mitigation measures implemented.

AO11.1 The impacts on the state-controlled road network are identified, and measures are implemented to avoid, reduce or compensate the effects on the asset life of the state-controlled road.

Editor’s note: It is recommended that a pavement impact assessment report be prepared to address this acceptable outcome. Guidance for preparing a pavement impact assessment is set out in Guidelines for assessment of road impacts of development (GARID), Department of Main Roads, 2006.


PO12 Filling and excavation associated with providing a driveway crossover to a state-controlled road does not compromise the operation or capacity of existing drainage infrastructure.

AO12.1 Filling and excavation associated with the design of driveway crossovers complies with the relevant Institute of Public Works Engineering Australia Queensland (IPWEAQ) standards.

Editor’s note: The construction of any crossover requires the applicant to obtain a permit to work in the state-controlled road corridor under section 33 of the Transport Infrastructure Act 1994 and a section 62 approval under the Transport Infrastructure Act 1994 for the siting of the access and associated works.


PO13 Fill material does not cause contamination from the development site onto a state-controlled road.

AO13.1 Fill material is free of contaminants including acid sulphate content, and achieves compliance with AS 1289.0 – Methods of testing soils for engineering purposes and AS 4133.0-2005 – Methods of testing rocks for engineering purposes.

N/A Fill is not required to be brought to the site.

PO14 Vibration generated through fill compaction does not result in damage or nuisance to a state-controlled road.

AO14.1 Fill compaction does not result in any vibrations beyond the site boundary, and is in accordance with AS 2436–2010 – Guide to noise and vibration control on construction, demolition and maintenance sites.

N/A Fill is not required to be brought to the site.

State development assessment provisions Module 18 — State transport infrastructure protection 18.2 Stormwater and drainage impacts on state transport infrastructure state code 5 December 2016 V1.10 Page 1 of 3

18.2 Stormwater and drainage impacts on state transport infrastructure state code



Stormwater and drainage management

PO1 Stormwater management for the development must ensure there is no worsening of, and no actionable nuisance in relation to peak discharges, flood levels, frequency or duration of flooding, flow velocities, water quality, ponding, sedimentation and scour effects on an existing or future state transport corridor for all flood and stormwater events that exist prior to development, and up to a 1 per cent annual exceedance probability.

AO1.1 The development does not result in stormwater or drainage impacts or actionable nuisance within an existing or future state transport corridor.

Editor’s note: It is recommended that basic stormwater information is to be prepared to demonstrate compliance with AO1.1.

Or

The proposal will not impact on site drainage. The

application is for a s242 preliminary approval. Further

detailed design is required as part of future development

permits, at which time stormwater will be addressed in

further detail.

AO1.2 A stormwater management statement certified by an RPEQ demonstrates that the development will achieve a no worsening impact or actionable nuisance on an existing or future state transport corridor.

Or





further detail.

AO1.3 A stormwater management plan certified by an RPEQ demonstrates that the development will achieve a no worsening impact or actionable nuisance on an existing future state transport corridor.

Or





further detail.

AO1.4 For development on premises within 25 metres of a railway, a stormwater management plan certified by an RPEQ demonstrates that:

(1) the development will achieve a no worsening impact or actionable nuisance on the railway

(2) the development does not cause stormwater, roofwater, ponding, floodwater or any other drainage to be directed to, increased or concentrated on the railway

(3) the development does not impede any drainage, stormwater or floodwater flows from the railway

(4) stormwater or floodwater flows have been designed to:

(a) maintain the structural integrity of the light rail transport infrastructure

(b) avoid scour or deposition

N/A




(5) additional railway formation drainage necessitated by the development is located within the premises where the development is carried out

(6) retaining structures for excavations abutting the railway corridor provide for drainage.

Lawful point of discharge

PO2 Stormwater run-off and drainage are directed to a lawful point of discharge to avoid adverse impacts on a future or existing state transport corridor.

AO2.1 Where stormwater run-off is discharged to a state transport corridor, the discharge is to a lawful point of discharge in accordance with section 3.4 of Queensland urban drainage manual, Department of Energy and Water Supply, 2013.

Or

The proposal will not impact on site drainage. Each can be provided with a lawful point of discharge, or alternatively the site is large enough to manage stormwater on site in accordance with the requirement of QUDM.

AO2.2 For development on premises within 25 metres of a railway, approval from the relevant railway manager for the railway, as defined in the Transport Infrastructure Act 1994, schedule 6 has been gained to verify the lawful point of discharge for stormwater onto the railway.

And

N/A

AO2.3 Development does not cause a net increase in or concentration of stormwater or floodwater flows discharging onto the state transport corridor during construction or thereafter.

And

The proposal will not impact on site drainage. Each can be

provided with a lawful point of discharge, or alternatively the

site is large enough to manage stormwater on site in

accordance with the requirement of QUDM.

AO2.4 Development does not create any additional points of discharge or changes to the condition of an existing lawful point of discharge to the state transport corridor.

The proposal will not impact on site drainage. Each can be

provided with a lawful point of discharge, or alternatively the

site is large enough to manage stormwater on site in

accordance with the requirement of QUDM. No addition

points of discharge will be created.

Sediment and erosion management

PO3 Run-off from upstream development is managed to ensure that sedimentation and erosion do not cause siltation of stormwater infrastructure in the state transport corridor.

AO3.1 Development with a high risk of erosion incorporates erosion and sediment control measures.

Editor’s note: For a state-controlled road where a development has a high risk of erosion, an erosion and sedimentation control plan should be provided to support a stormwater management statement or stormwater management plan. Section 1 of the Stormwater guideline for environmentally relevant activities, Department of Environment and Heritage Protection, 2014, defines development considered to have a high risk of erosion.

Sediment and erosion will continue to be managed on site to ensure no run-off from upstream development occurs in a state transport corridor.


State development assessment provisions Module 19 — State transport network functionality 19.1 Access to state-controlled roads state code 5 December 2016 V1.10 Page 1 of 4

19.1 Access to state-controlled roads state code



Location of the direct vehicular access to the state-controlled road

PO1 Any road access location to the state-controlled road from adjacent land does not compromise the safety and efficiency of the state-controlled road.

AO1.1 Any road access location to the state-controlled road complies with a decision under section 62 of the TIA.

Or

No direct access is proposed to a State Controlled Road. The development will not compromise the safety and efficiency of Maraju Yakapari Road.

AO1.2 Development does not propose a new or temporary road access location, or a change to the use or operation of an existing permitted road access location to a state-controlled road.

Or


AO1.3 Any proposed road access location for the development is provided from a lower order road where an alternative to the state-controlled road exists.

Or all of the following acceptable outcomes apply

Access will be provided from a lower order road.

AO1.4 Any new or temporary road access location, or a change to the use or operation of an existing permitted road access location, demonstrates that the development:

(1) does not exceed the acceptable level of service of a state-controlled road

(2) meets the sight distance requirements outlined in Volume 3, parts 3, 4, 4A, 4B and 4C of the Road planning and design manual, 2nd edition, Department of Transport and Main Roads, 2013

(3) does not exceed the acceptable operation of an intersection with a state-controlled road, including the degree of saturation, delay, queuing lengths and intersection layout

(4) is not located within and/or adjacent to an existing or planned intersection in accordance with Volume 3, parts 4, 4A, 4B and 4C of the Road planning and design manual, 2nd edition, Department of Transport and Main Roads, 2013

(5) does not conflict with another property’s road access location and operation.

Editor’s note: To demonstrate compliance with this





acceptable outcome, it is recommended a traffic impact assessment be developed in accordance with Chapters 1, 4, 6, 7, 8 and 9 of the Guidelines for assessment of road impacts of development (GARID), Department of Main Roads, 2006, and the requirements of Volume 3, parts 4, 4A, 4B and 4C of the Road planning and design manual, 2nd edition, Department of Transport and Main Roads, 2013, SIDRA analysis or traffic modelling.

And

AO1.5 Development does not propose a new road access location to a limited access road.

Editor’s note: Limited access roads are declared by the chief executive under section 54 of the TIA. Details can be accessed by contacting the appropriate DTMR regional office.

N/A The development does not propose access to a Limited access road.

Number of road accesses to the state-controlled road

PO2 The number of road accesses to the state-controlled road maintains the safety and efficiency of the state-controlled road.

AO2.1 Development does not increase the number of And accesses to the state-controlled road.

AND

The number of lots adjoining a state controlled road is not increased.

AO2.2 Where multiple road accesses to the premises exist, access is rationalised to reduce the overall number of road accesses to the state-controlled road.

And

N/A Multiple road accesses do not exist to a state controlled road.

AO2.3 Shared or combined road accesses are provided for adjoining land having similar uses to rationalise the overall number of direct accesses to the state-controlled road.

Editor’s note: Shared road accesses may require easements to provide a legal point of access for adjacent lots. If this is required, then the applicant must register reciprocal access easements on the titles of any lots for the shared access.

N/A The development does not involve any shared accesses.

Design vehicle and traffic volume

PO3 The design of any road access maintains the safety and efficiency of the state-controlled road.

AO3.1 Any road access meets the minimum standards associated with the design vehicle.

Editor’s note: The design vehicle to be considered is the same as the design vehicle set under the relevant local government planning scheme.




And

AO3.2 Any road access is designed to accommodate the forecast volume of vehicle movements in the peak periods of operation or conducting the proposed use of the premises.

And

N/a Refer to comments above.

AO3.3 Any road access is designed to accommodate 10 year traffic growth past completion of the final stage of development in accordance with GARID.

And

N/A Refer to comments above.

AO3.4 Any road access in an urban location is designed in accordance with the relevant local government standards or IPWEAQ R-050, R-051, R-052 and R-053 drawings.

And

N/A The site is not within an urban area.

AO3.5 Any road access not in an urban location is designed in accordance with Volume 3, parts 3, 4 and 4A of the Road planning and design manual, 2nd edition, Department of Transport and Main Roads, 2013.

N/A Refer to comments above.

Internal and external manoeuvring associated with direct vehicular access to the state-controlled road

PO4 Turning movements for vehicles entering and exiting the premises via the road access maintain the safety and efficiency of the state-controlled road.

AO4.1 The road access provides for left in and left out turning movements only.

And

The site contains ample manoeuvring areas to allow for vehicles to enter and exit the site safely and in forward gear.

AO4.2 Internal manoeuvring areas on the premises are designed so the design vehicle can enter and leave the premises in a forward gear at all times.

Editor’s note: The design vehicle to be considered is the same as the design vehicle set under the relevant local government planning scheme.


PO5 On-site circulation is suitably designed to accommodate the design vehicle associated with the proposed land use, in order to ensure that there is no impact on the safety and efficiency of the state-controlled road.

AO5.1 Provision of on-site vehicular manoeuvring space is provided to ensure the flow of traffic on the state-controlled road is not compromised by an overflow of traffic queuing to access the site in accordance with AS2890 – Parking facilities.

And


AO5.2 Mitigation measures are provided to ensure that the flow of traffic on the state-controlled road is not disturbed by traffic queuing to access the site.

The site contains ample room for manoeuvring and parking.



Vehicular access to local roads within 100 metres of an intersection with a state-controlled road

PO6 Development having road access to a local road within 100 metres of an intersection with a state-controlled road maintains the safety and efficiency of the state-controlled road.

AO6.1 The road access location to the local road is located as far as possible from where the road intersects with the state-controlled road and accommodates existing operations and planned upgrades to the intersection or state-controlled road.

And

N/A The development aims to utilise existing driveway crossovers. No new accesses are proposed to a state controlled road. The application is for a S242 approval only. Further detailed design of the development will be provided as part of future MCU/ROL applications for a development permit, at which time the suitability of all accesses can be assessed further. It is noted the development will result in 10-12 rural residential lots which will generate a negligible increase in traffic.

AO6.2 The road access to the local road network is in accordance with Volume 3, parts 3, 4 and 4A of the Road planning and design manual, 2nd edition, Department of Transport and Main Roads, 2013, and is based on the volume of traffic and speed design of both the local road and intersecting state-controlled road for a period of 10 years past completion of the final stage of development.

And

N/A Refer to comment above.

AO6.3 Vehicular access to the local road and internal vehicle circulation is designed to remove or minimise the potential for vehicles entering the site to queue in the intersection with the state-controlled road or along the state-controlled road itself.

N/A Refer to comment above.

State development assessment provisions Module 19 — State transport network functionality 19.2 Transport infrastructure and network design state code 5 December 2016 V1.10 Page 1 of 3

19.2 Transport infrastructure and network design state code Table 19.2.1: All development


All state transport infrastructure – except state-controlled roads

PO1 Development does not compromise the safe and efficient management or operation of state transport infrastructure or transport networks.

Editor’s note: To demonstrate compliance with this performance outcome, it is recommended that a traffic impact assessment be prepared. A traffic impact assessment should identify any upgrade works required to mitigate impacts on the safety and operational integrity of the state transport corridor.

No acceptable outcome is prescribed. N/A The development will not adversely impact on any state transport infrastructure.

PO2 Development does not compromise planned upgrades to state transport infrastructure or the development of future state transport infrastructure in future state transport corridors.

Editor’s note: Written advice from DTMR advising that there are no planned upgrades of state transport infrastructure or future state transport corridors that will be compromised by the development will assist in addressing this performance outcome.

AO2.1 The layout and design of the proposed development accommodates planned upgrades to state transport infrastructure.

And

N/A The development will not impact on any known planned upgrades to state transport infrastructure.

AO2.2 The layout and design of the development accommodates the delivery of state transport infrastructure in future state transport corridors.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a traffic impact assessment be prepared.

N/A

PO3 Development does not adversely impact on the safety of a railway crossing.

AO3.1 Development does not require a new railway crossing.

Or

N/A The development does not impact on any railway crossings.

AO3.2 A new railway crossing is grade separated.

Or

N/A

AO3.3 Impacts to level crossing safety are mitigated.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a traffic impact assessment be prepared. An impact on a level crossing may require an Australian Level Crossing Assessment Model (ALCAM) assessment to be

N/A




undertaken. Section 2.2 – Railway crossing safety of the Guide to Development in a Transport Environment: Rail, Department of Transport and Main Roads, 2015, provides guidance on how to comply with this acceptable outcome.

And

AO3.4 Upgrades to a level crossing are designed and constructed in accordance with AS1742.7 – Manual of uniform traffic control devices, Part 7: Railway crossings and applicable rail manager standard drawings.

And

N/A

AO3.5 Access points achieve sufficient clearance from a level crossing in accordance with AS1742.7 – Manual of uniform traffic control devices, Part 7: Railway crossings by providing a minimum clearance of 5 metres from the edge running rail (outer rail) plus the length of the largest vehicle anticipated on-site.

And

N/A

AO3.6 On-site vehicle circulation is designed to give priority to entering vehicles at all times.

N/A

State-controlled roads

PO4 Development does not compromise the safe and efficient management or operation of state-controlled roads.

Editor’s note: A traffic impact assessment will assist in addressing this performance outcome.

No acceptable outcome is prescribed. The development will not compromise the safe and efficient management or operation of state transport infrastructure whatsoever, as previously outlined.

PO5 Development does not compromise planned upgrades of the state-controlled road network or delivery of future state-controlled roads.

Editor’s note: Written advice from DTMR that there are no planned upgrades of state-controlled roads or future state-controlled roads which will be compromised by the development will assist in addressing this performance outcome.

AO5.1 The layout and design of the development accommodates planned upgrades of the state-controlled road.

And

N/A The development will not compromise the safe and efficient management or operation of state transport infrastructure whatsoever, as previously outlined.

AO5.2 The layout and design of the development accommodates the delivery of future state-controlled roads.

Editor’s note: To demonstrate compliance with this acceptable outcome, it is recommended that a traffic impact assessment be prepared.

N/A The development will not compromise planned upgrades to state transport infrastructure.

PO6 Upgrade works on, or associated with, the state-controlled road network

AO6.1 Upgrade works for the development are consistent with the requirements of the Road planning and design

N/A The development does not propose any upgrade works.



are undertaken in accordance with applicable standards.

manual, 2nd edition, Department of Transport and Main Roads, 2013.

And

AO6.2 The design and staging of upgrade works on or associated with the state-controlled road network are consistent with planned upgrades.

N/A The development does not propose any upgrade works.

PO7 Development does not impose traffic loadings on the state-controlled road network which could be accommodated on the local road network.

AO7.1 New lower order roads do not connect directly to a state-controlled road.

And

N/A No new roads are proposed.

AO7.2 The layout and design of the development directs traffic generated by the development to use lower order roads.

The development promotes the continued use of lower order roads.

Appendix 8: The Meadows Equestrian Estate Development Code


Development Code

2

Van Moolenbroeks Road, Balnagowan

June 2017 © Veris

Document Information

Job Number: 32313

Document Title: The Meadows Equestrian Estate Development Code

Document Reference:

Authors

Name (Initial) Title Date

Prepared: JD Regional Planning Manager 27/06/17

Reviewed: JG Senior Planner 28/06/17

Release Information

Version Date Released Pages Affected Remarks

V1.0 28/06/17 ALL Client Review

V1.1 29/06/17 NA DA Lodgement

Contact Details

All queries regarding this document should be directed to the undersigned in the first instance.

Project Manager

Jimmy Duncan

Telephone: 07 4951 2911

Email: [email protected]

Mobile: 0447 41 61 32


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Table of Contents

1.0 Introduction to the Development Code ....................................................................................................... 4

2.0 Interpretation ............................................................................................................................................... 5

3.0 Purpose ....................................................................................................................................................... 6

4.0 Assessment Provisions ............................................................................................................................... 7

5.0 Definitions ................................................................................................................................................... 8

6.0 Table of Assessment ................................................................................................................................... 9

7.0 The Meadows Equestrian Estate Assessment Code ................................................................................ 12

8.0 Plan of Development ................................................................................................................................. 28

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1.0 Introduction to the Development Code

1.1 Overview

This Development Code is to be described as ‘The Meadows Equestrian Estate Development Code’ or ‘the

Development Code’.

The site is subject to the Preliminary Approval for a material change of use and reconfiguring a lot to enable

rural residential style development and associated equestrian facilities, partially under a community title

subdivision across the subject site.

The Development Code seeks to over-ride various aspects of the Mackay City Planning Scheme 2006

(Consolidated Planning Scheme including Amendment 3) for the subject site.

1.2 Site Details

The Development Code applies to Lot 26 on SP167457 at Balnagowan and shown in Figure 1 below.

Figure 1 – Land to which the Development Code applies.

The land to which the Development Code applies is described in the attached Plan of Development as one of

four separate precincts within a community title subdivision (CTS Equestrian Facilities, Equestrian Living Stage

1, Equestrian Living Stage 2) and separate from the community title subdivision (General Equestrian Facilities),

as included in Section 8 of this document.

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2.0 Interpretation

Being a variation of a Planning Scheme, this Development Code is to be interpreted as if it were a code within

the Mackay City Planning Scheme 2006 (Consolidated Planning Scheme including Amendment 3) (‘the

Scheme’). Where there is inconsistency between this code and the Scheme that is in force, this Development

Code prevails.

Where the intent is similar to the Scheme, it must be considered in conjunction with the Strategic Framework of

the Scheme.

Unless specified in this Development Code, all other relevant provisions within the Scheme shall otherwise

continue to apply.

Future development proposals (for the subject site) will be in accordance with The Meadows Equestrian Estate

Development Code and any other applicable codes that will continue to apply.

For ease of interpretation, this Development Code has utilised the same definitions as those contained within the

Queensland Planning Provisions.

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3.0 Purpose

The purpose of this Development Code is to detail relevant planning and design provisions that will apply to the

future development of the site. It is not intended to over-ride all aspects of the Scheme. Where not included in

this Development Code, the relevant provisions of the Scheme shall apply.

This Development Code provides an approval framework including levels of assessment, performance

outcomes and acceptable outcomes, and relevant overlay provisions on the site.

It achieves this by detailing:

• Site specific precinct categories;

• The type of development which may occur;

• An assessment code against which development applications will be assessed; and

• How the Development Code will vary the current Mackay City Planning Scheme 2006 (Consolidated

Planning Scheme including Amendment 3).

The Development Code includes, amongst other provisions, a Plan of Development that provides guidance on

the spatial aspects of the code.

The Development Code seeks to deliver on the higher order provisions of the Scheme through the facilitation of

a high quality equestrian themed living development that delivers upmarket equestrian facilities to residents, and

the wider community.

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4.0 Assessment Provisions

4.1 Development Type

Proposed land uses and land subdivision shall be assessed against the site-specific table of assessment

contained in Section 5.0 of this Plan of Development.

4.2 Specific Development Provisions

Where Reconfiguring a Lot or a Material Change of Use is proposed, the development will be assessed against

The Meadows Equestrian Estate Assessment Code contained in Section 7.0 of this Plan of Development.

4.3 Overlays

Where development is completed in accordance with this Development Code, no further assessment against the

Overlays contained within the Mackay City Planning Scheme shall apply.

4.4 Infrastructure Charges

Infrastructure Charges will apply to future development in accordance with the Mackay Regional Council’s

charging regime at the time of the of the Decision Notice being issued.

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5.0 Definitions

Use definitions have a particular meaning for the purposes of The Development Code:

Animal Husbandry – Premises used for production of animals or animal products on either native or improved

pastures or vegetation. The use includes ancillary yards, stables and temporary holding facilities and the repair

and servicing of machinery.

Animal Keeping – Premises used for boarding, breeding or training of animals. The use may include ancillary

temporary or permanent holding facilities on the same site and ancillary repair and servicing of machinery.

Caretaker’s accommodation – A dwelling provided for a caretaker of a non-residential use on the same

premises.

Dwelling house – A residential use of premises for one household that contains a single dwelling.

The use includes out-buildings and works normally associated with a dwelling and may include a secondary

dwelling.

Home based business – A dwelling used for a business activity where subordinate to the residential use.

Indoor sport and recreation – Premises used for leisure, sport or recreation conducted wholly or mainly indoors.

Outdoor sport and recreation – Premises used for a recreation or sport activity that is carried on outside a

building and requires areas of open space and may include ancillary works necessary for safety and

sustainability. The use may include ancillary food and drink outlet(s) and the provision of ancillary facilities or

amenities conducted indoors such as changing rooms and storage facilities.

Roadside stall – Premises used for the roadside display and sale of goods in rural areas.

Sales office – The temporary use of premises for displaying a land parcel or buildings that can be built for sale

or can be won as a prize. The use may include a caravan or relocatable dwelling or structure.

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6.0 Table of Assessment

The following tables identify the levels of assessment for development in The Meadows Equestrian Estate for

making a material change of use or reconfiguring a lot.

MATERIAL CHANGE OF USE

Use Level of Assessment Assessment Criteria

Animal Husbandry Self-assessment

If:

• equestrian related*; and

• complying with all assessment

criteria for self-assessment


Assessment Code

Code assessment

If:


• cannot comply with all

assessment criteria for self-

assessment


Assessment Code

Impact assessment

If not equestrian related* The Meadows Equestrian Estate

Assessment Code and the Planning

Scheme

Animal Keeping Self-assessment

If:





Assessment Code

Code assessment

If:


• cannot complying with all


assessment


Assessment Code

Impact assessment



Scheme

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Caretaker’s accommodation Self-assessment

If complying with all assessment



Assessment Code

Code assessment

If not self-assessment The Meadows Equestrian Estate

Assessment Code

Dwelling house Self-assessment




Assessment Code

Code assessment


Assessment Code

Home based business Exempt

If:

• occupying a floor area less than

40m2 and excludes:

o employees on the site that

do not reside in the dwelling;

o client visits to the site; or

• involving home childcare.

Not Applicable

Self-assessment




Assessment Code

Code assessment


Assessment Code

Indoor sport and recreation Self-assessment

If:





Assessment Code

Code assessment

If:




assessment


Assessment Code

Impact assessment



Scheme

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Outdoor sport and recreation Self-assessment

If:





Assessment Code

Code assessment

If:




assessment


Assessment Code

Impact assessment



Scheme

Roadside stall Self-assessment




Assessment Code

Code assessment


Assessment Code

Sales office Self-assessment




Assessment Code

Code assessment


Assessment Code

* Equestrian related means of or relating to horses and horse riding.

RECONFIGURING A LOT

Plan of Development Precinct Level of Assessment Assessment Criteria

All precincts Code assessment

All circumstances. The Meadows Equestrian Estate

Assessment Code

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7.0 The Meadows Equestrian Estate Assessment Code

The Meadows Equestrian Estate Assessment Code acts as a replacement for the Locality Code, Zone Code,

Environment & Infrastructure Code and Development Codes of the Mackay Planning Scheme 2006

(Consolidated Planning Scheme including Amendment 3).

RECONFIGURING A LOT

Perform Outcomes Acceptable Outcomes

Assessable development

Neighbourhood

PO1 Reconfigured lots achieve the outcomes sought by The Meadows Equestrian Estate Development Code, being a high quality equestrian themed living development that delivers upmarket equestrian facilities to residents, and the wider community.

AO1 The reconfigured lots are consistent with the precincts within The Meadows Equestrian Estate Plan of Development.

Infrastructure Services

PO2 Reconfigured lots are serviced by all forms of infrastructure: (a) in an economically efficient manner; and (b) with minimal environmental impacts.

AO2.1 The reconfigured lots are connected to electricity and have either mobile phone reception or satellite internet capability.

AO2.2 The reconfigured lots are capable of being serviced by on-site domestic water treatment systems and rainwater tanks.

PO3 Where on-site wastewater treatment is required, the following is considered and addressed: (a) the number of existing on-site domestic water treatment plant systems in the locality; and (b) the soil type, land slope, hydrology and hydrogeology of the site and the locality; and (c) the proximity of the proposed system to surface waters and ground water; and (d) rainfall and other climatic conditions; and (e) the cumulative effect of the proposed and existing systems in the locality on water quality; and (f) any relevant ground water protection plan.

No acceptable outcome prescribed.

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Lot Design

PO4 Lots gain direct access by having a frontage/s to: (a) a constructed public road; or (b) common property, created through community management statement, which provides access to a constructed public road.

AO4.1 Lots, other than lots created through a community management statement or building format plan of survey: (a) have direct access to a constructed public road; or (b) have access to a constructed public road via an access easement, where the access easement complies with requirements of the Planning Scheme.

AO4.2 Lots created through a community management statement have a frontage to: (a) a constructed public road; or (b) common property which provides access to a constructed public road.

PO5 Each reconfigured lot within the Equestrian Living Precincts complies with the following elements: Minimum Lot Size: 1 hectare Minimum frontage width: 50 metres Each reconfigured lot within the General Equestrian Facilities Precinct complies with the following elements: Minimum Lot Size: 10 hectares.

No acceptable outcome prescribed

PO6 Rear residential lots (‘battle axe lots’): (a) are limited to instances where they are necessary; and (b) contain a usable area that is suitable to accommodate the amenity of the area; and (c) provide adequate access to the usable area; and (d) maintains a high level of amenity for the lot and adjoining lots.

AO6.1 Reconfiguration proposals creating rear lots do not create more than 2 rear residential lots. AO6.2 The access strip has direct frontage to a constructed road, or common property which provides access to a constructed road. AO6.3 The access strip is a minimum width of 5 metres.

PO7 Irregular shaped lots within the Equestrian Living Precincts contain a usable area that complies with the following elements: Minimum area of rectangle within lot: 4,000m2

Minimum rectangle dimension within lot: 40m


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PO8 Reconfigured lots containing an existing building/s: (a) avoid inappropriate boundary encroachment across the building; and (b) maintain appropriate setbacks, site cover and open space; and (c) maintains access; and (d) retains the building’s services on the same lot.

AO8.1 Reconfigured lots containing an existing building must: (a) avoid the alignment of boundaries through an existing building, unless the boundary aligns with the common wall between attached, but independently constructed, buildings; and (b) comply with the relevant sections of the planning scheme and/or building legislation regarding: (i) setbacks; and (ii) site cover; and (c) not compromise, restrict or prevent access between the building and constructed public road.

PO9 Corner lots dedicate chord truncations to enhance the safety and functionality of the intersection for vehicles, cyclists and pedestrians.

AO9.1 Reconfigured lots involving a corner lot, result in the dedication of corner truncations in accordance with the following: (a) where the intersecting roads are an arterial road and/or sub-arterial road: (i) in accordance with the future requirements of the particular intersection (identified on upgrade plans or demonstrated in a report submitted with the application); or (ii) otherwise, a 10mx3 chord truncation; or (b) where the intersection includes a collector street or access street – 6mx3 chord truncation.

PO10 Lots created through boundary realignment (not resulting in an additional number of lots) are: (a) usable for development and integrate with the character and amenity of the surrounding area; (b) achieve one or a combination of the following: (i) improved utility of the lot; or (ii) boundary reflects natural features, infrastructure corridors or easements; or (iii) separation of uses or buildings; or (iv) resolution of boundary encroachment issues.

AO10.1 Lots created through the realignment of a boundary or boundaries (not resulting in an additional number of lots) achieve the relevant lot size and frontage width as identified in P04 of this Code. AO10.2 Lots created through the realignment of a boundary or boundaries (not resulting in an additional number of lots) achieve one or a combination of the following: (a) the utility and efficiency of the lot/s for the intended use is improved; or (b) the alignment of reconfigured boundaries reflects: (i) natural features such as watercourses, ridgelines or environmentally significant areas; or (ii) infrastructure corridors such as roads and electricity transmission lines; or (iii) easements; or (c) different uses or buildings are separated; or (d) boundary encroachment issues, where a house, structure or driveway / access way is built over a boundary line, are resolved.

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MATERIAL CHANGE OF USE

General Development Requirements


Assessable development

Utility infrastructure and services

PO11 Development is efficiently serviced by on-site systems that maintain public health and ecological integrity (including achieving water sensitive urban design principles) of the site and surrounds.

AO11.1 Development is connected to potable on-site water supply in accordance with the Engineering design guidelines planning scheme policy. AO11.2 Development is connected to an on-site wastewater disposal system is provided in accordance with: (i) for systems serving 20 or less people – Environmental Protection (Water) Policy 1997 and the On-Site Sewerage Code (NR&M July 2002) and Australian Standard AS/NZS1547; or (ii) for systems serving more than 20 people – an appropriate system that does not result in direct or cumulative adverse public health and environmental impacts.

PO12 Drainage works are planned and designed to ensure that adjoining land and existing upstream and downstream drainage systems are not adversely affected by development, taking into account: (a) water sensitive urban design (WSUD) principles; (b) need for a stormwater system that can be economically maintained for the life of the system; and (c) safety of pedestrians and vehicles; and (d) location of discharge; and (e) construction of buildings, structures or paving up to site boundaries which avoid concentrating natural flow paths*; and (f) fauna movement is provided for through bridges and culverts.

*Guidance on the design and construction of drainage systems is provided by the Queensland Urban Drainage Manual 1994.

AO12 Stormwater infrastructure is provided in accordance with the requirements of the engineering design guidelines in effect at the time of the development application.

PO13 Premises are connected to electricity services.

AO13.1 The development is connected to electricity infrastructure in accordance with the standards of the regulatory authority.

PO14 Premises are connected to telecommunications services.

AO14 The development is connected to telecommunications infrastructure in accordance with the standards of the relevant regulatory authority.

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PO15 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement* * ‘Australian Standards and Manual for Uniform Traffic Control Devices’ provides guidance in relation to these matters.

AO15 Street lighting and signage comply with the requirements of the engineering design guidelines in effect at the time of the development application.

PO16 Development provides a refuse management system that: (a) has sufficient capacity to store the refuse generated by the development; and (b) maintains a high level of amenity on the site and on adjoining sites; and (c) provides for efficient collection.

AO16.1 The development provides: (a) For lots within the Equestrian Living Precincts (i) one 240 litre general refuse bin per dwelling unit; and (ii) an appropriate number of 240 litre refuse bins for recyclable material. (b) For uses within the CTS Equestrian Precinct or General Equestrian Precinct: (i) an appropriate number bulk refuse bins for general refuse; and (ii) an appropriate number of 240 litre refuse bins for recyclable material. AO16.2 The development provides a refuse bin collection area: (a) at an appropriate kerbside location; or (b) on the site if it has an area of over 2,000m2 and bulk refuse bin/s are to be used. On-site refuse bin collection areas are located to provide: (i) an adequate manoeuvring area to enable a Council refuse truck to enter the site in forward gear, service the bins, and leave the site in forward gear after performing no more than a 3- point turn; and (ii) adequate vertical clearance to enable a Council refuse truck to service (empty) the bins;

* maximum number and size of refuse bins for kerbside collection will be

determined by Council’s Waste Services program

Access infrastructure and parking facilities

PO17 All proposed road pavement surfaces: (a) are of a quality and durability suitable to the intended traffic volumes and loads; and (b) provide all-weather access; and (c) allow the discharge of rainfall; and (d) provide the safe passage of vehicles and pedestrians; and (e) provide a reasonable, comfortable riding quality.

AO17 Road are provided in accordance with the requirements of the engineering design guidelines in effect at the time of the development application.

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PO18 Access to and within the site is safe, efficient and is constructed to a standard that is appropriate to the location of the site, nature and scale of the use and adjoining uses.

AO18.1 Access points: (a) provide convenient access to the site and maintain the safety of the road; and (b) are located as far as practical from intersections; and (c) for non-residential uses are not located within 3 metres of an adjoining site within a residential zone. AO18.2 Vehicle access areas (internal driveways, access aisles, manoeuvring areas, car parks and service bays) accord with the following:

Use Car Parking Rate Minimum Service Vehicle

Animal Husbandry

1 space per employee – full time equivalent (FTE);

Provision for unloading and loading of goods including livestock within the site.

Articulated Vehicle (AV)

Animal Keeping 1 space per employee – full time equivalent (FTE);

Provision for unloading and loading of goods including livestock within the site.

Small Rigid Vehicle (SRV)

Caretaker’s accommodation

1 covered space Not applicable

Dwelling house 2 spaces (of which 1 space must be covered). Spaces may be in tandem.

Not applicable

Home based business

Where involving a use that does not involve visitation by customers / clients, 1 space;

Where involving a home based business other than bed and breakfast accommodation or farm stay, 2 spaces;

Where involving bed and breakfast accommodation or farm stay, 1 space per guest bedroom.

Not applicable

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Indoor sport & recreation

Sufficient spaces are provided to accommodate the amount of vehicular traffic likely to be generated by the use.

Suitable vehicle to be demonstrated, specific to the use

Outdoor sport & recreation

Sufficient spaces are provided to accommodate the amount of vehicular traffic likely to be generated by the use.

Suitable vehicle to be demonstrated, specific to the use.

Roadside stall 3 spaces Not applicable

Sales office 1 space per employee (FTE);

2 visitor spaces per sales office / display dwelling

Not applicable

AO18.3 Where vehicle access is controlled by a gate, the gate is located so that queued vehicles standing while the gate is opened are wholly within the site.

PO19 Pedestrian accesses to buildings provide safe, efficient and convenient wheelchair access.


Amenity

PO20 Sensitive land uses are adequately buffered from rural and agricultural activities.

AO20 New sensitive land uses are separated from rural and agricultural activities outside the site a minimum distance of 60 metres, or 15 metres if including a vegetated buffer.

PO21 Utility services attached to buildings do not adversely impact on the acoustic or visual amenity of the surrounding area.

AO21 Utility services attached to buildings, including air conditioning units, hot water systems, refrigeration units and other forms of mechanical ventilation or extraction systems, are: (a) located as far from sensitive land uses, road frontage boundaries and public open spaces as practical; and (b) acoustically shielded and visually screened so as not to be audible or visible from adjoining and nearby sites, public open spaces and roads.

PO22 The acoustic amenity, privacy and liveability of residential areas and sensitive land uses is maintained.

AO22 The development complies with the acoustic quality objectives (internal noise criterion) for the particular use identified in the Environmental Protection (Noise) Policy 2008 or, if not listed, the internal sound level design criterion contained in Australian Standard AS/NZS2107 Acoustics – Recommended design sound levels and reverberation times for building interiors.

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PO23 Vibration from the development does not affect the amenity of surrounding land uses.

AO23 The development does not result in vibration impacts outside of the development site.

PO24 Development maintains the air quality of the area through the effective management of air emissions and the minimisation of heat and odour releases.

AO24 Development that is likely to generate emissions such as air pollutants, heat and odours incorporate: (a) physical measures for removing pollutants from emissions prior to discharge to the atmosphere; and (b) physical measures for reducing the temperature gradient between emissions and the atmosphere prior to discharge; and (c) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.

PO25 Lighting is designed in a manner to ensure ongoing amenity and safety whilst ensuring surrounding areas are protected from undue glare or lighting overspill.

AO25 Outdoor lighting: (a) does not exceed 8.0 lux at 1.5 metres beyond the side and rear boundaries of the site; and (b) is directed downwards and shielded, rather than directed at the adjoining residential or accommodation zone or use; and (c) all lights, apart from security lighting, are switched off not longer than 1 hour after the cessation of daily operations; and (d) accords with Australian Standard AS4282 – Control and effects of outdoor lighting in terms of its technical parameters, design, installation, operation and maintenance.

Landscaping

PO26 Development is provided with adequate and suitable landscaping and screening on the site which: (a) reinforces the tropical character of the region; and (b) provides an attractive streetscape appearance; and (c) creates a pleasant microclimate on the subject site; and (d) provides for privacy and amenity on the site and on adjoining sites; and (e) reduces stormwater runoff; and (f) contributes to ecological linkages and biodiversity.

AO26.1 Landscaping accords with an approved landscape plan. AO26.2 Landscaping is designed and established to: (a) an appropriate scale relative to both the road reserve width and size of the development; and (b) incorporate remnant vegetation and use endemic species where possible; and (c) provide summer shade and shelter for pedestrian comfort and energy efficiency of buildings; and (d) maximise areas suitable for on-site infiltration; and (e) allow for pedestrian and vehicle safety; (f) thrive in the tropical climate; and (g) minimise irrigation requirements through appropriate plant selection and mulching and water efficient irrigation systems.

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Built form and development intensity

PO27 Building height and scale: (a) integrates with the semi-rural amenity and landscape character of the area; and (b) does not form overdevelopment of the site

AO27.1 Within the Equestrian Living Precinct buildings have a maximum height of 8.5 metres (2 storeys) above ground level. AO27.2 Within the CTS Equestrian Facilities Precinct and General Equestrian Facilities Precinct buildings have a maximum height of 13.0 metres (3 storeys) above ground level. AO27.3 The maximum residential density is the equivalent of 1 dwelling per every 1 hectare of site area. AO27.4 The total site cover of all buildings must not exceed 40% on each lot.

PO28 Buildings are setback to: (a) contribute to the open, semi-rural amenity and landscape character of the area; and (b) accommodate landscaping between the building and the street; and (c) provide privacy for the building; and (d) avoid buildings from being visually overbearing as viewed from the street

AO28 Minimum setbacks are: (a) 10 metres from road frontages; (b) 10 metres from side and rear boundaries;

PO29 Buildings provide high quality design outcomes and elements that emphasise the sense of identity for the local area and the region through the use of: (a) articulated building lines, wall profiles and roof profiles; and (b) detailed articulation elements; and (c) materials that are durable, require minimal maintenance, and respond to the surrounding landscape character and built character; and (d) building design and landscaping that responds to and celebrates the region’s tropical climate.


Caretaker’s Residence


Self-Assessable and Assessable development

PO30 Caretaker’s accommodation is provided to fulfil a genuine need for a caretaker on the subject site.

AO30 Caretaker’s accommodation is occupied by a caretaker employed to provide management, maintenance, security or other services supporting an activity on the same site.

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PO31 Caretaker’s accommodation: (a) are physically and visually subservient to the primary use on the subject site; and (b) integrate with the prevailing character of the surrounding rural landscape.

AO31.1 No more than 1 caretaker’s accommodation is provided on the subject site. AO31.2 Unless wholly contained within an existing building, caretaker’s accommodation comply with the acceptable outcomes of The Meadows Equestrian Estate Assessment Code regarding: (a) maximum building height; and (b) setbacks.

PO32 Caretaker’s accommodation provides adequate and convenient on-site car parking.

AO33 Car parking is provided as per the requirements of AO18.2 of this Assessment Code.

Dwelling House



Setbacks

PO33 Dwelling houses, secondary dwellings, outbuildings and other ancillary structures are setback from road frontages and side/rear boundaries to: (a) integrate with the built form of the surrounding area; and (b) ensure that car accommodation is setback to: (i) enable a car to be parked in the driveway without encroaching into the road reserve; and (ii) not dominate the appearance of the site as viewed from the street; and (c) enhance residential amenity by providing separation between habitable rooms and adjoining roads

AO33.1 Dwelling houses, secondary dwellings, out-buildings and other ancillary structures are setback from the road frontages and side/rear boundaries in accordance with the minimum setbacks identified AO28 of this Assessment Code.

Building height and site cover

PO34 Dwelling houses: (a) integrate with surrounding built form; (b) maintain views and access to natural light for adjoining and nearby lots.

AO34 Dwelling houses have a maximum height of 8.5 metres above ground level, or 12.0 metres if on a sloping site over 15%.

PO35 Development: (a) maintains an adequate and usable outdoor recreation area; and (b) does not constitute over-development of the subject site; and (c) maintains a high level of amenity and privacy for adjoining lots.

AO35 Dwelling houses, outbuildings and other ancillary structures do not exceed 40% site cover.

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Outbuildings

PO36 Outbuildings are located and designed to: (a) not form a dominant feature in the streetscape; and (b) be physically and visually subordinate to the dwelling house; and (c) not result in over-development of the lot; and (d) maintain views, access to natural light and a high level of visual amenity for adjoining lots.

PO36 The site cover of outbuildings does not exceed 400m2

Secondary Dwellings

PO37 The secondary dwelling is subordinate to the primary dwelling house.

AO37.1 No more than 1 secondary dwelling is provided per lot. AO37.2 The secondary dwelling has a maximum gross floor area of 120m2 and contains no more than: (a) 2 bedrooms; (b) 1 combined living / dining area; (c) 1 kitchen; (d) 2 bathroom / toilets

Vehicle parking

PO38 Development includes the provision of adequate, convenient and safe on-site car parking.


Home based business



Location, scale and operations

PO39 Home based business uses have a location, scale and operations that: (a) maintain the character and amenity of the site, adjoining sites and the local area; and (b) integrate with, and are sub-ordinate to, the primary land use intent of the site and local area; and (c) not compromise the role and function of, or compete with, designated centres and other business / employment hubs.

AO39.1 Home based business uses, other than bed and breakfast, comply with the following: (a) uses involving visiting customers / clients and loading / unloading activities, operate within the hours of: (i) 7.00am to 7.00pm, Monday to Saturday; and (ii) 9.00am to 5.00pm, Sunday and public holidays; and (b) the use involves the employment of no more than 2 employees that do not live in the principle dwelling house; and (c) the gross floor area (including storage areas) does not exceed the lesser of: (i) 25% of the total floor area of the principle dwelling house; or (ii) 10% of the site area; or (iii) 100m2 ; and

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(d) the use is wholly contained within the dwelling house or ancillary outbuilding on the site; and (e) the use does not generate more than: (i) 6 customers / clients on any single day (by appointment); and (ii) 2 customers / clients present on site at any one time; and (f) the use does not involve: (i) direct retail activity or the hiring of goods on / from the site; and (ii) industrial activities; and (iii) service industry activities. AO39.2 Home based business involving bed and breakfast use comply with the following: (a) the use is wholly contained within the principle dwelling house on the site; and (b) does not contain more than 4 guest bedrooms (c) no more than 2 employees not living at the house are associated with the use; and (d) the maximum continuous period of stay for any guest is 4 weeks. AO39.3 The use involves no more than 2 commercial vehicles that are no larger than a small rigid vehicle as defined under Australian Standard AS2890.2–2002, for the daily operation of the business. AO39.4 The use does not involve outdoor storage of any material associated with the use.

Safety and amenity

PO40 The operation of the use does not generate noise, light, vibration, odour, dust or air emission impacts evident at the boundary of the site that are more than what would otherwise be normally generated by the dwelling house.


PO41 The use maintains high levels of safety for adjoining sites.

AO41 The use does not store chemicals, gases or other hazardous materials in volumes greater than would otherwise be normally used and stored for the dwelling house.

Vehicle parking



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Signage and display of goods

PO43 Signage effectively advertises the name and nature of the business but is discreet and subordinate to the primary intended character, amenity and land use of the site and local area.

AO43.1 Any signage associated with home based business uses, other than bed and breakfast, includes a single non-illuminated sign that: (a) does not exceed 0.3 m2 in area; and (b) has a maximum height of 1.5 metres; and (c) is situated below the roof line of the building to which it is attached; and (d) displays only the name, occupation and contact details of the business; and (e) is located wholly within the site or securely attached to the front fence facing the road. AO43.2 Any signage associated with home based business uses involving bed and breakfast, includes a single sign that: (a) does not exceed 2m2; and (b) displays only the street number, name, occupation and contact details of the business; and (c) if illuminated, the sign utilises only 1 incandescent globe not more than 100 watts and the sign is switched off between 10.00pm and 6.00am.

PO44 The display of goods does not compromise the intended character and visual amenity of the site and local area.

AO44 The use does not involve the display of goods that is visible from the adjoining road, including but not limited to, the display of goods: (a) in any window; or (b) on the footpath; or (c) on or attached to any building; or (d) in the garage or driveway; or (e) within the front setback of the building.

Roadside Stall



PO45 Roadside stalls: (a) sell goods produced in the local area to passing motorists; and (b) do not compromise the viability of centre activities in centres and townships; and (c) are of a small-scale and low intensity.

AO45.1 The roadside stall sells goods produced on the subject site and/or on properties within 500 metres of the subject site. AO45.2 The area used for the display and sale of goods is no larger than 50m2. AO45.3 The roadside stall is within 30 metres of, and is directly visible from, an adjoining road.

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PO46 Roadside stalls provide: (a) adequate and convenient on-site car parking; and (b) safe access to the adjoining road.46

AO46.1 Car parking is provided: (a) on the subject site (not within the road reserve); and (b) adjacent to the roadside stall; and (c) car parking is provided as per the requirements of AO18.2 of this Assessment Code. AO46.2 Vehicular access from the road to the car parking area is gained by an existing invert crossing or access point.

PO47 The roadside stall avoids creating adverse amenity impacts for adjoining properties and maintains the visual and general amenity of the area.

AO47.1 Permanent and temporary structures, active outdoor use area, car parking areas and access ways and storage areas are set back a minimum of 10 metres of side and rear boundaries. AO47.2 Permanent and temporary structures have a maximum height of 4.5 metres above ground level. AO47.3 The roadside stall operates within the hours of 7:00am to 5:00pm.

Indoor/Outdoor sport and recreation



Building height and setbacks

PO48 The scale and location of buildings and structures: (a) integrates with the built and/or landscape character of surrounding areas; and (b) maintains the privacy and visual amenity of, and access to natural light and ventilation for, adjoining residential development.

AO48.1 Within the CTS Equestrian Facilities Precinct and General Equestrian Facilities Precinct buildings have a maximum height of 13.0 metres (3 storeys) above ground level. AO48.2 Buildings are setback from the road frontages and side/rear boundaries in accordance with the minimum setbacks identified AO28 of this Assessment Code.

Vehicle parking



Amenity

PO50 Recreation activities maintain the amenity of adjoining and nearby properties within a residential zone and existing sensitive land uses through the application of: (a) limited hours of operation; and

AO50.1 Recreation activities operate within the following times: (a) for indoor sport and recreation – between 6:00am and 11:00pm; and (b) for outdoor sport and recreation – between 6:00am and 10:00pm

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(b) measures to minimise undue glare or lighting overspill; and (c) measures providing for visual and physical separation of incompatible uses.

AO50.2 Outdoor lighting: (a) does not exceed 8.0 lux at 1.5 metres beyond the side and rear boundaries of the site; and (b) is directed downwards and shielded, rather than directed at the adjoining residential zone or sensitive land use; and (c) accords with AS4282 – Control and effects of outdoor lighting in terms of its technical parameters, design, installation, operation and maintenance; and (d) does not operate later than: (i) 10:00pm on Sunday – Thursday nights; and (ii) 11:00pm on Friday and Saturday nights.

Sales office



PO51 The sales office operates for a limited period of time to assist with the sale of: (a) a particular residential, commercial or industrial development; or (b) a builder’s services; or (c) tickets if the building/s can be won as a prize.

AO51 The use is limited in its duration to a period not greater than: (a) 4 years where the use is for the purpose of displaying land or building/s for sale as part of a residential, industrial or commercial development; or (b) 6 months where the use is for the purpose of displaying land or a building/s that can be won as a prize.

PO52 Sales office buildings are located and designed to integrate with the established or intended character of the surrounding area.

AO52.1 Building heights accord with the following: (a) permanent structures have a maximum height of 8.5 metres above ground level; and (b) temporary structures have a maximum height of 4.5 metres above ground level. AO52.2 Sales offices are setback from the primary road frontage in accordance with the minimum setbacks identified in AO28 of this Assessment Code. AO52.3 Display dwellings are designed to be on-sold as a dwelling house upon the cessation of the use as a sales office. AO52.4 Relocatable buildings and structures are removed from the subject site within 1 month of the cessation of the use as a sales office.

PO53 The sales office provides adequate and convenient car parking.

AO53.1 Car parking is provided as per the requirements of AO18.2 of this Assessment Code.

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PO54 The sales office avoids creating adverse amenity impacts for adjoining properties and maintains the visual and general amenity of the area.

AO54.1 The sales office operates within the hours of: (a) 7:00am to 6:00pm Monday to Saturday; and (b) 9:00am to 6:00pm Sunday. AO54.2 The use does not involve the outdoor storage of any material or equipment associated with the use. AO54.3 Light emanating from any source complies with Australian Standard AS4282 Control of the Obtrusive Effects of Outdoor Lighting. AO54.4 Where provided, outdoor lighting accords with Australian Standard AS/NZS 1158.1.1 Road lighting – Vehicular Traffic (Category V) Lighting – Performance and Installation Design Requirements.

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8.0 Plan of Development

Drawing No Issue

B


Plan of Development

Lot 26 on SP167457

Issue Revisions DrawnDate

THESE DESIGNS AND DRAWINGS ARE COPYRIGHT AND ARE NOT TO BE

USED OR REPRODUCED WITHOUT THE WRITTEN PERMISSION OF VERIS

27/06/2017A

MSM

Original

32313POD1

ACN 604 671 374

Queensland Surveying Pty Ltd a Veris Company

BRISBANE

(07) 3666 4700

MACKAY

(07) 4951 2911

WHITSUNDAYS

(07) 4945 1722

CAIRNS

(07) 4051 6722

veris.com.au

Data Sources

Cadastral Boundaries

Contours / Topographic

Aerial Images

Flood Level

Engineering Design

Architectural Design

Landscape Design

DCDB Extract

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Qld Globe

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Locality:

Local Authority:

Projection:

Horizontal Meridian:

Vertical Level Datum:

Level Origin:

Scale:

Surveyed:

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Checked:

Plot Date:

Computer File Ref:

BALNAGOWAN

MACKAY REGIONAL

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1 : 4000 at A3

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JD

9 Van Moolenbroeks Road

Balnagowan

For


IMPORTANT NOTES:

(These notes are an integral part of this plan)

This plan has been prepared for ROK Properties Pty Ltd for the

purposes of Proposal Plan.

It is not to be used by any other person or corporation or for any

other purposes.

Copyright © Queensland Surveying Pty Ltd,

a Veris Company 2017.

Scale 1:4000 - Lengths are in Metres

27/06/2017

170627 32313POD1 Rev A.dwg

29/06/2017BMSM

DA lodgement

AutoCAD SHX Text

General Equestrian Facilities (23.21ha)

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CTS Equestrian Facilities (2.81ha)

Documents

9 Van Moolenbroeks Road, Balnagowan · • Any referral agency’s response for the application; On this basis, the planning framework and associated provisions that are applicable