Aaron & Tonia Silk

2314 Bruce Highway, HampdenLots 1 & 2 SP170234

Application for:

Development Permit for Material Change of Use –Car Repair Workshop

Planning Report – G1212

Prepared by Lane Associates

May 2013

CONTENTS

1 ASSESSMENT REPORT Page 2

1.1 INTRODUCTION Page 2

1.2 THE LOCALITY Page 2

1.3 THE PREMISES Page 2

1.4 THE PROPOSEDLAWFUL USE

Page 3

1.5 PLANNING SCHEME Page 4

1.6 PROCEDURAL Page 4

1.7 CONSIDERATIONS Page 4

1.7.1 Rural Zone Code (Mackay Hinterland) Page 4

1.7.2 Industrial Code Page 4

1.7.3 Traffic Page 5

1.7.4 Justification Page 5

1.7.5 Planning Scheme Policies Page 6

1.7.6 State Planning Policies Page 6

1.7.7 Draft Planning Scheme Page 6

1.8 FUTURE APPROVALS Page 6

1.9 CONCLUSION Page 6

Appendices

1 Site Development Plan

2 Design Drawings

3 Photo Page

4 Letters of Support

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Page 2

1. ASSESSMENT REPORT

" !" ! Introduction

The attached application is made on behalf of Aaron and Tonia Silk and is for aDevelopment Permit for Material Change of Use for a Car Repair Workshop at 2314 BruceHighway, Hampden, lots 1 & 2 SP170234.

The application is necessary because building works and the use have commenced withoutappropriate permits. Council has issued two show cause notices, one to Tonia Silk for theunlawful use and the other to Aaron Silk for the unlawful building works. A building permit forthe building as a Class 10a Farm Shed has since been granted on 3 May 2013.

The application does not include for an ERA 21, which is to be applied for subsequent to theMCU permit if granted.

The two lots are jointly owned by the applicants who have consented to the application.

" !#!The Locality

The property is on the northern side of the Bruce Highway about 3 km west of The Leapsettlement. The immediate locality comprises predominantly rural and rural residential areasbut includes a panel works opposite the property and a comparatively new and largeagricultural machinery dealership (sales and service) about 350 m to the east.

" !$!The Premises

The site is basically rectangular but with part of the western boundary angled. Frontage of169 m, average depth of about 144 m, rear boundary of 190 m and area 2.65 ha. The frontsection includes the crest of a hill at elevation approximately 59 m. From the crest the landslopes gently down in both east west directions and towards the rear boundary where thelowest elevation is approximately 43 m.

An easement for access over lot 1 to lot 2 is in the south-eastern corner of lot 1, providing asingle point of access from the highway should the lots ever be separately owned.

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Please note that it is apparent that the Mimaps aerial photograph overlaid on the cadastre isnot accurate. The site boundaries in relation to the photo are about 25m east of where theyshould be. The location of boundaries are shown by thick black lines in Drawing No. G1212in Appendix 1 is approximately accurate.

The site development plan (photo) is shown on Drawing No. G1212. The workshop buildingis on lot 2. It is a partly completed steel framed mostly open sided three bay “shed” 24m x12m on a concrete floor. It is the subject of a current building permit as a Class 10a Farmshed. A dwelling and two sheds are on lot 1. The design drawings and site plan of theworkshop are shown in Appendix 2. The floor, frame and most of the roof of the workshopbuilding are completed, as shown in the photo below.

Access from the highway is via a driveway of compacted roadbase material to and in lot 1and leading to a vehicle turning and parking area also paved with compacted roadbasematerial adjoining the workshop building.

The subject use is located in the south-western quarter of lot 2 and the south-eastern cornerof lot 1. The balance of the site is not used for any commercial or productive rural purpose.

Additional photos are shown in Appendix 3.

" !%!The Proposed Lawful Use

Essentially to continue the existing use which is primarily only a base for essentially a oneman operation servicing and providing only mechanical repairs of local farm vehicles andmachinery and also other vehicles and machinery in the wider hinterland and beyond.Whereas the use is by definition a Car Repair Workshop it should be noted that works at thepremises occur on average considerably less than one day per week, as noted below.

Mr Silk has provided the following operational details.

" About 90% of his work is done away from the premises, on local farms, elsewhere inthe Council area and at hinterland mines. Also, he has an ongoing contract formaintenance work on specific equipment in the Northern Territory. Only about 10%of his work is done on the premises.

" Frequently he is away from the premises overnight and for up to one month.

" Photographs in this report show a number of vehicles not usually there. Mostare/were being temporarily stored. The only vehicles associated with the use are autility, a tilt tray truck, a forklift and two trailers.

" The tilt tray truck is primarily for his breakdown service.

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Page 4

Relevant details of the workshop premises and operation are as follows.

Existing floor area 288.6m2

Existing site cover 1%

Number of storeys 1

Maximum height above ground 6.6m

Number of employees 1 + 1 casual tilt tray truck driver

Days of operation Monday to Friday + occasional Saturday mornings

Hours of operation 7:00am to 5:00pm Monday to Friday + 7:00am to12:00am Saturday

" !&!Planning Scheme

Zone

Rural

Locality

Mackay Hinterland

Precinct

O’Connell River and Northern Streams

Applicable Planning Codes

" Rural Zone Code (Mackay Hinterland).

" Industrial Code

" !'!Procedural

The application is impact assessable.

Referral to the Department of Transport and Main Roads is triggered. Referral to otherState agencies is not triggered.

" !(!Considerations

1.7.1. Rural Zone Code (Mackay Hinterland)

The proposal does not conflict with overall and specific outcomes of the code.

The only conflict with the overall and specific outcomes for the Rural zone is that it is anon-rural use.

1.7.2. Industrial Code

The proposal complies with all relevant overall outcomes.

Relevant specific outcomes are addressed as follows.

Site Suitability

Complies.

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Page 5

Landscaping & Building Treatments

Existing vegetation along the road frontage clearly complies. Refer to the aerialphotograph.

The provision for building treatment is not relevant because the site is not in the CityCentre locality.

Building Setbacks

Complies

Building Scale and Appearance

The building has a height, bulk and appearance consistent with farm buildings in thelocality.

If it did comply with P2 and P3 it would be out of character with farm buildings.

Fences and Walls

Boundary fencing for the specific use is not necessary and is not proposed.

Signage

There will not be any signage.

1.7.3. Traffic

The operation as described generates very little traffic. Mr Silk has advised that theaverage is less than four vehicle trips per day, that often there is none and that themaximum is rarely if ever more than 6vpd.

1.7.4. Justification

" The use as defined complies with all relevant planning scheme provisionsexcept that it is technically a non-rural use in the Rural zone.

" It clearly satisfies an obvious need for servicing and mechanical repairs of localfarm vehicles and machinery.

" On-site activity is limited. Most services and repair works are carried outelsewhere.

" In the planning context the limited on-premises use is only a minor extension orvariation of a rural activity. On-farm maintenance by owners or contractors ofvehicles and machinery is not assessable development. The differencebetween on-farm and off-farm maintenance when carried out in a farminglocality is of little if any consequence.

" The applicants have obtained 13 letters of support or at least no objection fromother people in the local community. These are shown in Appendix 4.

" Notwithstanding that the use does not strictly comply with the strategic intent ofthe planning scheme it is not causing any adverse impact on the amenity of thelocality. It is not doing any harm.

" If necessary the applicants will accept a condition of approval restricting the on-premises use to that described in this report.

1.7.5. Planning Scheme Policies

There are no planning policies relevant to the proposal.

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1.7.6. State Planning Policies

There are no State Planning Policies applicable to the proposal.

1.7.7. Draft Planning Scheme

Relevant provisions of the draft scheme although more detailed are generally not morerestrictive than the current scheme.

" !)!Future Approvals

An ERA 21 approval is necessary before the use can lawfully commence. Weunderstand that this will be applied for subsequent to approval of this application ifgranted. A new building permit for the proposed use as a Car Repair Workshop will alsobe necessary.

" !*!Conclusion

The use does not conflict with relevant planning criteria except that by its definition as aCar Repair Workshop it is a non-rural use in the Rural zone.

There is no detrimental impact on the locality and clearly the use is a benefit to the localcommunity.

Accordingly Council is requested to issue the requested Development Permit for Material

Change of Use as the first step towards lawful continuation of the use.

APPENDIX 1

SITE DEVELOPMENT PLAN

WORKSHOP

DWELLING

SHED

SHED

.BRUCE HIGHWAY

Lane AssociatesPO Box 3387 North Mackay 4740

phone: 079 4957 2518email: p.lane@mky.net.au

Drawing No. G1212

Scale 1 : 1000 @ A3

PROPOSED CAR

REPAIR WORKSHOP2314 BRUCE HIGHWAY, HAMPDEN

LOTS 1 & 2 SP170234

Planning - Project Management

SITE DEVELOPMENT PLAN

A & T SILK

DWELLING

DWELLING

DWELLING

SHED

SHED

APPENDIX 2

DESIGN DRAWINGS

APPENDIX 3

PHOTO PAGE

CO N S T R U CT ED ACCES S CO N S T R U CT ED ACCES S

VEHICL EP AR KIN G AN D T U R N IN G AR EA ACCES S ,L O O KIN G W ES T

P AN EL W O R KS O P P O S IT ET HEP R EM IS ES

APPENDIX 4

LETTERS OF SUPPORT