COMPILED DECISION NOTICE - Mackay Council€¦ · COMPILED DECISION NOTICE Applicant: Echochaff Pty Ltd Proposal: Reconfiguration of a Lot - Permissible Change - Amendment to Layout

YOUR REF: 9099

OUR REF: DA-2013-335/A

11 August 2017 Echochaff Pty Ltd c/- RPS Group (Mackay) Pty Ltd PO Box 1895 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE Applicant: Echochaff Pty Ltd Proposal: Reconfiguration of a Lot - Permissible Change - Amendment to

Layout to 75 Urban Residential Lots (Mira Flores Estate Stages 6 & 7)

Application Number: DA-2013-335/A Address: L 909 Primavera Boulevard, BEACONSFIELD QLD 4740 Property Description: Lot 909 on SP264629

Your request for a Change of Condition and Plan of Development, lodged on 13 June 2017 to amend DA-2013-335/A approved on 2 December 2013 was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 8 August 2017, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: 1. Plan of Development

The approved reconfiguration of land creating 89 lots with a total yield of 93 dwellings 75 Urban Residential Lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number Title of plan Rev Prepared by Date 9099-P05 Plan of Subdivision H

I RPS Group 12/08/2013

17/05/2017 7. Development of Duplex and Triplex Lots

Lots 59, 170160, 123120 and 135132 are suitable to be developed for dual occupancy housing. A Material Change of Use application will be required for each of these lots. The approval of any further dwellings within stages 6 to 7 will consider of overall density and may be dependent upon the ability for infrastructure to cater for additional load.

This is Mackay Regional Council digitally signed document.

8. Deleted Development of Urban Terrace Allotments

The development of the clusters of urban terrace lots with 8.5m frontages must be in accordance with the approved dwelling house plans attached. Each cluster must provide a different façade through external paint colour, texture, materials, roof line, portico, garage door colour or style and a variation in floor plans as shown in the perspectives and approved plans.

9. Acoustic Treatment

Provision of acoustic treatment along the Eaglemount Road frontage of the site in accordance with the Road Traffic Noise Assessment Report prepared by MWA Environmental dated 16 December 2005. a) This acoustic barrier shall be 2m in height and extend for the length of

Eaglemount Road where lots abut the road or buffer with a return on the western boundary of Lot 123120 and 135132 in accordance with Figure 6 of the above-mentioned report ; and

b) The acoustic barrier must be constructed prior to the endorsement of the survey plan for stage 7 of the estate; and

c) A 2.5m wide landscaped buffer must be established within the 5 metre wide road widening along the northern boundary of lots 123-135120-132. The trees shall be low maintenance, native species from Council’s preferred species list and continue the plantings established in previous stages.

d) Any proposed two-storey dwelling on lots 123 120 to 135 132 inclusive which share a boundary with Eaglemount Road shall be designed and constructed to achieve internal noise levels in accordance with AS2107:2000 and AS3671:1989.

15. Access

Concrete invert crossings in accordance with Council's standard drawing A3-773 must to be provided as follows:

a) the eastern boundary of lot 115 on the northern side of the frontage; b) the western boundary of lot 142138 on the northern side of the frontage; c) the western boundary of lot 143139 on the southern side of the frontage; d) the southern boundary of lot 161152 at about the middle of the frontage; Individual concrete driveway accesses must be extended from the front boundaries of

proposed lots to the common driveway accesses off Hermosa Circuit and Ultimo Court as follows: Future purchasers from the developer must be made aware in the contract of sale that the following lots require an individual concrete driveway access from the front lot boundary to the common driveway accesses off Hermosa Circuit and Ultimo Court

a) To lots 123120 and 135132 at 6.0m wide; b) To lots 134, 150, 151131, 144, 145 and 152146 at 3.5m wide c) To lots 124, 125, and 133121, 122 and 130 at 3.0m wide. A Minor Works application will be required for this work.

A notation to this effect will be placed on Council’s rates database.


16. Street Works a) Internal roads must be provided by the developer, designed and constructed

in accordance with Council's standard drawings applicable to the category of the road nominated below: • Hermosa Circuit (Stage 6) - Access Street. • Ultimo Court (Stage 6) fronting Lots 143139 to 149143 – Access Street. • Ultimo Court (Stage 6) from lot 149143 to western end – Access Place. • Hermosa Circuit (Stage 7) - Access Street.

b) A 1.5m wide concrete footpath must be provided to connect from Primavera Boulevard to Mansfield Drive as follows:

i. Continue the Primavera Blvd Stage 5 footpath across the major cross-

drainage culvert, then along the southern verge of the east-west leg of Hermosa Circuit in Stage 6, and then on the western side of Ultimo Court to the south-east corner of lot 163154.

ii. Cross Hermosa Circuit to the south-west corner of lot 149143 and then continue the footpath between the southern boundary of lot 149143 and the common driveway access to the drainage reserve at the eastern end of the access road.

iii. Turn the footpath south and continue it within the drainage reserve connecting to the Mansfield Drive footpath ensuring the footpath alignment does not impact on the flows into the drainage reserve or impede the capacity of the drainage works with the drainage reserve.

21. On-Site Detention

a) The previously agreed 1.58ha detention basin must be provided and the proposed earth bunds adjacent to Harvey's Road and Eaglemount Road must be removed.

b) A 3.0m wide concrete maintenance access/invert at the toe and concrete up the existing batter to a height of 500mm on Harvey's Road and Eaglemount Road must be provided.

c) A maintenance vehicle access must be provided at the western end of Ultimo Circuit (between lots 159150 and 160151 and at the western end of the common access off Hermosa Circuit (between lots 122119 and 123120.

d) The detention basin must be completed prior to the submission of the Stage 7 subdivision plan.

Please find enclosed the above Decision Notice with the relevant attachments: Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to commence Use Infrastructure charges are applicable on this approval. An Amended Infrastructure Charges Notice accompanies this Compiled Decision Notice. If you require any further information please contact Darryl Bibay


COMPILED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2013-335/A

Date of Decision: 8 August 2017

1. APPLICANT/S DETAILS

Name: Echochaff Pty Ltd

Postal Address: C/- RPS Group (Mackay) Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: L 909 Primavera Boulevard, BEACONSFIELD QLD 4740

Property Description: Lot 909 on SP264629

3. PROPOSAL Reconfiguration of a Lot - Permissible Change - Amendment to Layout to 75 Urban Residential Lots (Mira Flores Estate Stages 6 & 7) 4. DECISION TYPE

DEVELOPMENT DECISION

Reconfiguration of a Lot Development Permit

Approved in Full Subject to Conditions



5. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 7, 9, 15, 16 and 21 – Amended Condition 8 – Deleted All remaining conditions remain unchanged as per the Decision Notice. The conditions for this Compiled Decision Notice are attached.

6. IDAS REFERRAL AGENCIES

Concurrence Agencies

Department of Infrastructure, Local Government & Planning

Mackay Isaac Whitsunday Regional Office PO Box 257 MACKAY QLD 4740

7. SUBMISSIONS

There were no properly made submissions received on this application.

8. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme including amendments up to 24 February 2014.

9. SUPERSEDED PLANNING SCHEME

Not Applicable 10. FURTHER DEVELOPMENT PERMITS REQUIRED

Operational Works Assessment - Development Permit - Public Infrastructure Civil Works Landscaping Operational Works Construction - Compliance Certificate - Public Infrastructure Civil Works Landscaping

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

12. RELEVANT PERIOD The relevant period for this approval remains unchanged from its initial issue and is calculated from the date of issue of the Decision Notice on 3 December 2013 as stated in Section 341 of the Sustainable Planning Act 2009.



13. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your appeal

rights and the appeal rights of any submitters regarding this decision. 14. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Manager Development Assessment

Signature Date


shane

Typewritten Text

11th August 2017

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-335/A Decision Date: 8 August 2017

Page 1 of 8

1. Plan of Development – Amended

The approved reconfiguration of land creating 75 lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number Title of plan Rev Prepared by Date 9099-P05 Plan of Subdivision I RPS Group 17/05/2017

2. Amended Plans Required

The approved plans of subdivision must be amended to comply with the following matters: a) Pedestrian connectivity in accordance with condition 16 b)

The amended plans must be lodged with Council for written approval prior to the lodgement of Operational Works approval.

3. Compliance with Conditions

All conditions must be complied with prior to the endorsement of the plan of subdivision, unless specified in an individual condition.

4. Endorsement of Survey Plan

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

5. Compliance with Council Standards

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

6. Relationship with Previous Approvals For practical purposes this development permit repeats conditions of approval for DA-2012-149 and takes into consideration further permits obtained.

7. Development of Duplex and Triplex Lots – Amended Lots 59, 160, 120 and 132 are suitable to be developed for dual occupancy housing. A Material Change of Use application will be required for each of these lots. The approval of any further dwellings within stages 6 to 7 will consider of overall density and may be dependent upon the ability for infrastructure to cater for additional load.

8. Deleted



Page 2 of 8

9. Acoustic Treatment - Amended Provision of acoustic treatment along the Eaglemount Road frontage of the site in accordance with the Road Traffic Noise Assessment Report prepared by MWA Environmental dated 16 December 2005. a) This acoustic barrier shall be 2m in height and extend for the length of

Eaglemount Road where lots abut the road or buffer with a return on the western boundary of Lot 120 and 132 in accordance with Figure 6 of the above-mentioned report ; and

b) The acoustic barrier must be constructed prior to the endorsement of the survey plan for stage 7 of the estate; and

c) A 2.5m wide landscaped buffer must be established within the 5 metre wide road widening along the northern boundary of lots 120-132. The trees shall be low maintenance, native species from Council’s preferred species list and continue the plantings established in previous stages.

d) Any proposed two-storey dwelling on lots 120 to 132 inclusive which share a boundary with Eaglemount Road shall be designed and constructed to achieve internal noise levels in accordance with AS2107:2000 and AS3671:1989.

10. Setback to Eaglemount Road

Allotments sharing a boundary with Eaglemount have an approved setback of 3.5 metres to the outermost projection of any future dwelling or shed.

11. Electricity Services

The developer must provide underground reticulated power to all proposed lots. The developer must provide to Council one of the following, prior to the endorsement of the Plan of Subdivision for each stage:

a) A copy of a Certificate of Electrical Supply from the Distribution Network

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

Provider (Ergon Energy)

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

12. Telecommunications Services

All proposed lots must be connected to telecommunications and written evidence from Telstra to demonstrate the connection must be provided. Above ground switching station cubicles are to be located clear of footpath areas and parkland areas.

13. Street Lighting

Street lighting must be provided in accordance with Council’s Engineering Design Guidelines and the relevant current Australian Standards.



Page 3 of 8

14. Damage

Any damage which is caused to Council’s infrastructure as a result of the construction and / or establishment of the proposed development must be repaired immediately.

15. Access – Amended A. Concrete invert crossings in accordance with Council's standard drawing A3-773

must to be provided as follows:

a) the eastern boundary of lot 115 on the northern side of the frontage; b) the western boundary of lot 138 on the northern side of the frontage; c) the western boundary of lot 139 on the southern side of the frontage; d) the southern boundary of lot 152 at about the middle of the frontage;

B. Future purchasers from the developer must be made aware in the contract of

sale that the following lots require an individual concrete driveway access from the front lot boundary to the common driveway accesses off Hermosa Circuit and Ultimo Court:

a) lots 120 and 132 at 6.0m wide; b) lots 131, 144, 145 and 146 at 3.5m wide; c) lots 121, 122 and 130 at 3.0m wide. A Minor Works application will be required for this work. A notation to this effect will be placed on Council’s rates database.

16. Street Works – Amended

a) Internal roads must be provided by the developer, designed and constructed in

accordance with Council’s standard drawings applicable to the category of the road nominated below: Hermosa Circuit (Stage 6) - Access Street. Ultimo Court (Stage 6) fronting Lots 139 to 143 – Access Street. Ultimo Court (Stage 6) from lot 143 to western end – Hermosa Circuit (Stage 7) – Access Street.

b) A 1.5m wide concrete footpath must be provided to connect from Primavera

Boulevard to Mansfield Drive as follows:

i. Continue the Primavera Blvd Stage 5 footpath across the major cross-drainage culvert, then along the southern verge of the east-west leg of Hermosa Circuit in Stage 6, and then on the western side of Ultimo Court to the south-east corner of lot 154.

ii. Cross Hermosa Circuit to the south-west corner of lot 143 and then continue the footpath between the southern boundary of lot 143 and the common driveway access to the drainage reserve at the eastern end of the access road.



Page 4 of 8

iii. Turn the footpath south and continue it within the drainage reserve connecting to the Mansfield Drive footpath ensuring the footpath alignment does not impact on the flows into the drainage reserve or impede the capacity of the drainage works with the drainage reserve.

17. External Catchment & Inter-Allotment Drainage

External catchments must be calculated and inter-allotment drainage must be in

accordance with Council’s Standard Drawing PA3-870. 18. Stormwater

All stormwater for the approved development must be controlled, with provision

being made for the following:

a) External eastern catchments from Mansfield Drive to Eaglemount Road to be contained within the 10m wide eastern drainage reserve and discharged through the existing culverts under Eaglemount Road.

b) Downstream drainage to a lawful point of discharge nominated as McCready Creek. The practical point of discharge is nominated as the downstream outlet of the culvert under Eaglemount Road. No easement or works downstream of this culvert is required (as conditioned in the Preliminary Approval for the Reconfiguration of a Lot, refer to DA-2005-211).

c) Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

19. Drainage – Rear Boundary to Street

Except where otherwise approved by Council, allotments must be drained from the rear boundary to front street in accordance Council’s Standard drawing PA3-870.

Attention is drawn to preferred footpath and allotment slopes as follows:

Footpath slope: Preferred 1:50 Allotment Slope: Minimum 1:200 Maximum 1:12

Filling is to be provided where applicable in accordance with Council’s Engineering Design Guidelines.

20. Internal Drainage

The developer must provide kerb & channel, underground and overland drainage in accordance with plans approved by Council. The systems are to be designed in accordance with Council’s engineering design guidelines



Page 5 of 8

21. On-Site Detention – Amended a) The previously agreed 1.58ha detention basin must be provided and the

proposed earth bunds adjacent to Harvey’s Road and Eaglemount Road must be removed.

b) A 3.0m wide concrete maintenance access/invert at the toe and concrete up the existing batter to a height of 500mm on Harvey’s Road and Eaglemount Road must be provided.

c) A maintenance vehicle access must be provided at the western end of Ultimo Circuit (between lots 150 and 151) and at the western end of the common access off Hermosa Circuit (between lots 119 and 120).

d) The detention basin must be completed prior to the submission of the Stage 7 subdivision plan.

22. Site Based Stormwater Management Plan - High Risk

a) The development triggers an assessment under State Planning Policy 4/10 –

Healthy Waters. To achieve the Performance Outcome PO2, stormwater management measures are to be incorporated to achieve the design objectives for the Mackay Region. To demonstrate achievement of the nominated design objectives, a formal Stormwater Management Plan is to be provided. (Ref. Section 4.12 of the SPP Guideline 4/10 – Healthy Waters).

b) The developer must amend the report “Site Based Stormwater Management Plan Mira Flores Residential Estate, Echochaff Pty Ltd”, by Connell Wagner dated 1 February 2008 to reflect the changes to the development plan, and the requirements of State Planning Policy 4/10. Alternatively, the developer may provide written advice that the above-mentioned report remains applicable and that no amendment to the report is necessary.

c) The developer must provide an offset contribution for a regional stormwater quality treatment system. The contribution cost must be based on the cost of works required to provide water quality treatment to offset the impact of the whole of the development (Stages 1 to 7 inclusive), and must include but not be limited to the cost of formation works, filter material, landscaping, access pavement, associate stormwater infrastructure and land value.

d) This contribution must be agreed between Council and the developer prior to the plan sealing for Stage 6. The contribution must be paid prior to the sealing of the Stage 7 subdivision plan.

23. Drainage easement and reserves

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

24. Water Connection

Separate Water connections must be installed for the newly created Lots in accordance with Council’s Engineering Design Guidelines.



Page 6 of 8

25. Design of Sewer Main Extension

A fully detailed design of the sewer main extension that will service the lots must be submitted to Council as part of the Operational Works Application.

26. Live Connection Work

Mackay Water is to carry out all water connection and live sewer work at the

developer’s expense. 27. Building Over and Adjacent to Sewers

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

Sewers”. 28. Sewer Easement Requirement

Sewer easements must be provided in accordance with Council’s engineering Design

Guideline – Planning Scheme Policy No. 15.14 “Sewerage System Design”. 29. Finished Surface Levels

The development is to be designed in accordance with Mackay Regional Council’s ‘Site Regrading’ Planning Scheme Policy 15.06. The policy states that the finished ground level must not be more than 400mm less than the minimum floor level specified for the region (5.40m AHD).

30. Landscape Buffer a) The developer must provide a 2.5m wide landscape buffer along the road

frontage side of the acoustic barriers on Eaglemount Road as shown on the approved plan of development.

b) The plan of survey must show the 5m wide road reserve widening of which this 2.5 m width will be dedicated to landscaping.

c) All plants must be low maintenance and provide a boulevard effect at maturity. d) The landscape buffer must be established under Stage 6.

31. Street Planting

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



Page 7 of 8

32. Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following:

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

carried out; Plant schedule detailing number of plants, species, pot size and height at

planting; Details of soil and mulch types, including depths, areas or turf, garden edges

and paving finishes; the details of the irrigation system.

Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

ASSESSMENT MANAGER’S ADVICE 1. Amended Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Amended Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice.

2. Local Laws

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

3. Hours of Work It is the applicant/owner’s responsibility to ensure compliance with Section 440R of

the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

4. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Section 319

General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.



Page 8 of 8

5. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C

of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

6. Noise During Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B

of the Environmental Protection Act 1994. 7. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

8. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Resource Management, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.



darrylb

Approved Plan-Miscellaneous


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court:

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom

a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the

decision is given to the person. (3) Also, a person who has made a request under section 383 may appeal to the court

against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the

decision on the matter should have been made.

466 Appeals about decisions relating to permissible changes

(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval— (a) if the responsible entity for making the change is the assessment manager for

the application— (i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request response

notice about the request; (b) if the responsible entity for making the change is a concurrence agency for the

application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court

against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the

decision on the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or

cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.


Documents

COMPILED DECISION NOTICE - Mackay Council€¦ · COMPILED DECISION NOTICE Applicant: Echochaff Pty Ltd Proposal: Reconfiguration of a Lot - Permissible Change - Amendment to Layout