DEVELOPMENT APPLICATION FOR A DEVELOPMENT PERMIT …€¦ · only associated with the business entity, Kerwin Group Pty Ltd. The Kerwin Group Pty Ltd comprises three separate business

DEVELOPMENT APPLICATION FOR A DEVELOPMENTPERMIT FOR MATERIAL CHANGE OF USE FOR ANUNDEFINED USE (ADMINISTRATION AND ANCILLARYSTORAGE OF BUSINESS RELATED MATERIALS ASSOCIATEDWITH A MOBILE BUSINESS)on land described asLOT 9 ON RP749090at246 BELLS ROAD, PALMYRAforKERWIN GROUP PTY LTD

Melissas

Received (Manual Date)

CONTENTS

1.0 INTRODUCTION..........................................................................................................1

2.0 THE SITE .....................................................................................................................2

3.0 PROPOSAL.................................................................................................................3

4.0 REGULATORY FRAMEWORK.........................................................................................5

4.1 THE SUSTAINABLE PLANNING ACT 2009 5

4.2 ASSESSMENT MANAGER 5

4.3 REFERRAL AGENCIES 5

4.4 PUBLIC NOTIFICATION 5

5.0 MACKAY CITY COUNCIL PLANNING SCHEME ...............................................................6

5.1 DESIRED ENVIRONMENTAL OUTCOMES 6

5.2 APPLICABLE PLANNING SCHEME CODES 6

5.3 MACKAY HINTERLAND LOCALITY CODE 7

5.4 RURAL ZONE IN THE MACKAY HINTERLAND LOCALITY CODE 7

5.5 ENVIRONMENT AND INFRASTRUCTURE CODE 8

5.6 HOME BASED BUSINESS AND HOME OCCUPATION CODE 8

6.0 CONCLUSION............................................................................................................9

APPENDICES

Appendix A: IDAS Application Forms and Land Owners ConsentAppendix B: Title SearchAppendix C: Survey PlanAppendix D: Proposal Plan prepared by Brazier Motti (Drawing No. 76008/001B)

246 Bells Road, Palmyra Page 176008-001-02 4 October 2013

1.0 INTRODUCTION

The development application requests a Development Permit for a Material Change of Use foran Undefined Use (Administration and ancillary storage of business related materials associatedwith a mobile business) over land located at 246 Bells Road, Palmyra, being properly describedas Lot 9 on RP749090. Under the provisions of the Mackay City Planning Scheme, the applicationrequires Impact Assessment.

The development application has been amended and is being re-lodged with Mackay RegionalCouncil in response to correspondence received from Council informing Brazier Motti that thedevelopment application was not properly made. The application now constitutes a properlymade application in compliance with section 261 of the Sustainable Planning Act.

This report has been prepared on behalf of the Applicant, Kerwin Group Pty Ltd, and is based oninformation current as of September 2013. Owners consent for this application has beenobtained and is included at Appendix A.

The report reviews the characteristics of the site and evaluates the town planning issuesassociated with the proposed development. To assist in Council’s determination of thisdevelopment application, this planning report covers the following matters:-

Section 2:- A site description including the site characteristics and its immediatesurrounds.

Section 3:- A detailed description of the development proposal.

Section 4:- A review of the relevant legislative provisions.

Section 5:- A review of the planning scheme provisions, identification of thelevel of assessment and relevant codes.

The following is an overview of the application:-

Allotment DetailsLot 9 on RP749090Parish of Chelona, County of Carlisle

Address246 Bells Road, Palmyra

Proposed Development/UseDevelopment Permit for a Material Change of Use for an Undefined Use (Administration andancillary storage of business related materials associated with a mobile business)

ZoneRural Zone

Level of AssessmentCode Assessment

Site Details9.806Ha

Applicable CodesMackay Hinterland Locality Code


Rural Zone in the Mackay Hinterland Locality CodeHome Based Business and Home Occupation CodeEnvironment and Infrastructure Code


2.0 THE SITE

The subject land is located at 246 Bells Road, Palmyra and is properly described as Lot 9 onRP749090. The site contains a total area of 9.806 hectares.

A Title search confirming ownership of the subject allotment by Gregory William Kerwin and ElaineKerwin is included at Appendix B to this report.

The subject land parcel is rectangular in shape and is orientated in a South West direction. Acopy of the current Survey Plan identifying the existing property dimensions of the land parcelincluding surrounding cadastre is included at Appendix C to this report.

A review of the Department of State Development, Infrastructure and Planning mapping (throughthe SARA Online Mapping System) identifies that a portion of the site (towards the North Eastboundary) includes Remnant Vegetation that contains Endangered Regional Ecosystems,however, the proposed application for a Home Based Business is not considered to impact uponthis.

A review of the Strategic Cropping Land Mapping has identified that the subject developmentsite is not identified as being Strategic Cropping Land or Potential Strategic Cropping Land. Thesite is also contained within the water resources planning area boundaries, however, theproposed application for a home based business is not considered to impact upon theseboundaries.

The site is considered to be generally unrestricted by vegetation and has a relatively flattopography.

The site is considered to be an appropriate site for an Undefined Use (Administration and ancillarystorage of business related materials associated with a mobile business) of this scale, nature,intensity.

Having regard to the above features of the surrounding locality, it is considered that the subjectproposal, as outlined in this report, is in keeping with the local character and amenity of thelocality and the expectations of the community.


3.0 PROPOSAL

Approval of the Development Application will authorise a Development Permit for a MaterialChange of Use for an Undefined Use (Administration and ancillary storage of business relatedmaterials associated with a mobile business) over land that is described as Lot 9 on RP749090and located at 246 Bells Road, Palmyra.

This application is being lodged as a response to discussions that our client has had with MackayRegional Council Compliance Officers. On 7 June 2013, a Show Cause Notice was issued byRobert Maher, Council reference CRS373692. It should be noted that this DevelopmentApplication is not directly related to this Show Cause Notice, however, is related to the buildingsthat are currently on site and will be utilised as part of the proposed Undefined Use.

The development application has been amended and is being re-lodged with Mackay RegionalCouncil in response to correspondence received from Council informing Brazier Motti that thedevelopment application was not properly made. The application now constitutes a properlymade application in compliance with section 261 of the Sustainable Planning Act.

The proposed development is located on land that is defined as being rural and has a site areaof approximately 9.806ha. The site currently contains a dwelling house and ancillary outbuildings(shed and shipping container) as well as a number of buildings that will be utilised for thepurposes of the Undefined Use (Administration and ancillary storage of business related materialsassociated with a mobile business).

The business that will be conducted from the site are the Administration and Accounts functionsonly associated with the business entity, Kerwin Group Pty Ltd. The Kerwin Group Pty Ltd comprisesthree separate business entities as follows:

a. A tilt tray business that operates two (2) tilt trucks. The tilt trucks are not usually stored on sitehowever are stored at the property of the driver of the truck and only the administration ofthis business is conducted from the proposed development site.

b. A slashing business which operates the slashing contract for Queensland Rail however, allmachinery in relation to this business is stored at the Jilalan Rail Yard and only theadministration of this business is conducted from the proposed development site as well asthe storage of business consumables and records.

c. A cleaning business which only the administration of this business is conducted from theproposed development site as well as the storage of business consumables.

It is noted that five (5) vehicles in relation to the slashing business operations are parked on siteat night. Each day these vehicles are driven to the various work sites and employees leave theirprivate vehicles on the proposed development site. Private vehicles arrive at the site between5:30am and 5:45am and the work vehicles depart the site at 6:00am. The work vehicles thenreturn to the proposed development site at 5:00pm and private vehicles leave the site by5:15pm. The parking of the vehicles onsite is ancillary to the slashing business operations andare not considered to adversely impact on the amenity of the locality.

The hours of operation of the administration functions (of the business from the proposeddevelopment site) will be from 6:00am to 4:00pm. Only two (2) non-related persons will beworking from the proposed development site as part of the administration operations associatedwith the mobile business. No signage will be erected as the proposed business will not requirepeople to attend the site for the purposes of the business.


The following buildings will be utilised as part of the operation of the business:

1x AUSCO 12m x 3m office building (36m²); 1x AUSCO 3.6m x 3m store room (10.8m²); and 1 x AUSCO 3m x 3.5m demountable toilet block; (containing 2 toilets, 1

urinal and 2 hand wash basins) (10.5m²).

The proposed development only permanently occupies 57m² of the subject site.

The buildings to be utilised as part of the business operations are approximately 214m from thefront boundary and 110m from the North West property boundary and 47m from the North Eastproperty boundary. Access to the site will be via a maintained gravel access. There is sufficientparking on site for staff to park in close proximity to the building for the employees that do notreside at the premises.

The proposed development is generally consistent with the requirements of the planningscheme and seeks to create an undefined use (administration and ancillary storage of businessrelated materials associated with a mobile business) that is not considered to detract from thecharacter and amenity of the locality nor negatively impact upon the uses that are occurringon the site or within the immediate vicinity of the site.


4.0 REGULATORY FRAMEWORK

4.1 THE SUSTAINABLE PLANNING ACT 2009

The Sustainable Planning Act 2009 (SPA) forms the foundation of Queensland’s planning anddevelopment assessment legislation. The purpose of SPA is to balance community well-being,economic development and the protection of the natural environment by providing aframework for managing growth and change within the State.

SPA imposes requirements on state and local government through the Integrated DevelopmentAssessment System (IDAS). IDAS aims to co-ordinate and integrate the assessment andconditioning powers of government agencies responsible for administering a range of legislationdealing with development approvals.

4.2 ASSESSMENT MANAGER

The proposed development on the subject site is listed in Schedule 6, Table, Item 1 of theSustainable Planning Regulation 2009 and therefore the Mackay Regional Council is theassessment manager for the development application.

Table 1, Item 1(a) of the Sustainable Planning Regulation 2009 states:-

1 If the application is for:-(a) development completely in a single local government area and:-

(i) any aspect of the development is assessable against thePlanning scheme;

…

Mackay Regional Council’s jurisdiction is limited to that stated in section 314 of the SustainablePlanning Act 2009.

4.3 REFERRAL AGENCIES

The Integrated Development Assessment Process incorporates a referral process, establishedthrough the Sustainable Planning Regulation 2009 enabling relevant state agencies to haveinput in the assessment process.

Schedule 7 of the Sustainable Planning Regulation 2009 outlines the triggers for the referral ofthe development application to other agencies.

A review of the proposal against Schedule 7 of the Sustainable Planning Regulation 2009confirms that there are no referral agencies for this application.

4.4 PUBLIC NOTIFICATION

The level of assessment for the proposed development is confirmed is Impact Assessable,therefore, the development application is required to undergo public notification.


5.0 MACKAY CITY PLANNING SCHEME

The Mackay City Council Planning Scheme has been prepared in accordance with the repealedIntegrated Planning Act 1997. The Planning Scheme sets out Council’s planning anddevelopment intentions and functions as part of the Integrated Development AssessmentSystem. The Scheme is read together with the Integrated Planning Act 1997 and subsequent,Sustainable Planning Act 2009 and Sustainable Planning Regulation 2009.

The Mackay City Council Planning Scheme provides a framework for sustainable developmentwithin Mackay and ensures that the character of Mackay is retained, whilst also allowing forcontinued growth and development.

The site that is the subject of this application is identified as being included in the Rural Zone inthe Pioneer River and Southern Streams Precinct within the Mackay Hinterland Locality.

5.1 DESIRED ENVIRONMENTAL OUTCOMES

The Desired Environmental Outcomes (DEOs) of the Planning Scheme are based on ecologicalsustainability established by the superseded Integrated Planning Act 1997 and are the basis forthe measures of the planning scheme.

The DEOs essentially represent what is sought to be achieved through the Mackay RegionalCouncil Planning Scheme and generally relate to the environment that is broadly defined in thesuperseded Integrated Planning Act 1997 to cover matters and conditions relating to thenatural, built and human environments.

The Strategic framework within the Planning Scheme outlines the desired vision Council andcommunity has for areas that are subject to the provisions of the Planning Scheme. Theproposed development is consistent with this strategic framework given that the proposeddevelopment is not constrained by noise, slope or natural hazards and is considered to be aland use that is supported within the zone. Given the nature of the undefined use (administrationand ancillary storage of business related materials associated with a mobile business) it isconsidered that the Rural Zone is an appropriate zone for a business of this scale, nature andintensity.

It is considered that the proposed development achieves the intent of the Mackay RegionalCouncil Planning Scheme as the development addresses and complies with the DEOs.

5.2 APPLICABLE PLANNING SCHEME CODES

The subject development site is identified as being within the Rural Zone. The Table ofAssessment identifies that a Material Change of Use for an Undefined Use (Administration andancillary storage of business related materials associated with a mobile business) as beingImpact Assessable development.

In addition, the Assessment Table identifies that the proposed development is required to beassessed against the following assessment criteria:

Mackay Hinterland Locality Code; Rural Zone in the Mackay Hinterland Locality Code; Home Based Business and Home Occupation Code; and Environment and Infrastructure Code.


Under the Mackay City Planning Scheme, the applicable planning scheme codes set out theperformance requirements to be satisfied by development. A review of each of the triggeredcodes applicable to the proposed development is included below.

5.3 MACKAY HINTERLAND LOCALITY CODE

The proposed Material Change of Use for an Undefined Use (administration and ancillary storageof business related materials associated with a mobile business) is considered to comply withthe acceptable solutions and specific outcomes of the Mackay Hinterland Locality Code.Specifically, the following points are of note:

The proposed development will not detract from the network of centres as referred toin the planning scheme.

Given the scale, nature and intensity of the proposed development, it is notconsidered that there will be adverse impacts to adjoining property owners.

It is considered that there are sufficient buffers between adjoining properties and assuch the inclusion of additional buffers to mitigate potential adverse impacts (thatmay be experienced) by adjoining properties is not required.

The proposed development is considered to be in keeping with the character andamenity of the locality and is consistent with the predominant land use occurring inthe locality.

The proposed development will not detrimentally affect the natural environmentaland landscape values of the site.

5.4 RURAL ZONE IN THE MACKAY HINTERLAND LOCALITY CODE

The proposed Material Change of Use for an Undefined Use (administration and ancillary storageof business related materials associated with a mobile business) is considered to comply withthe acceptable solutions and specific outcomes of the Rural Zone in the Mackay HinterlandLocality Code. Specifically, the following points are of note:

Lot 9 on RP749090 is currently not used for rural activities nor is it identified as StrategicCropping Land therefore it is not considered that the rural nature of the subjectallotment nor surrounding rural uses will be impacted upon by the proposeddevelopment.

It is considered that there are sufficient buffers between adjoining properties and it isnot warranted to provide additional buffers to adjacent activities.

The proposed office and ancillary facilities are located within proximity to the existingdwelling and associated outbuildings in order to reduce fragmentation of the ruralland.

Lot 9 on RP749090 is an appropriate site to establish and conduct administration andancillary storage of business related materials associated with a mobile businessfacilities. The proposed development is not anticipated to adversely impact on thesurrounding land uses nor impact upon future activities or the strategic intent of theimmediate area.


5.5 ENVIRONMENT AND INFRASTRUCTURE CODE

The proposed Material Change of Use for an Undefined Use (administration and ancillary storageof business related materials associated with a mobile business) is considered to comply withthe acceptable solutions and specific outcomes of the Environment and Infrastructure Code.Specifically, the following points are of note:

The proposed development can be serviced by an adequate standard ofinfrastructure, including water supply, effluent disposal, and road access, andelectricity and telecommunication services.

Adequate area for the parking of vehicles associated with the proposed use will beprovided for on-site.

Sufficient room is provided for the safe and efficient access and manoeuvring ofvehicles both entering and exiting the site.

The proposed buildings will be appropriately located so as to ensure that the existingcharacter and amenity of the area is retained and not impacted upon.

The proposed use is not considered to generate emissions such as air pollutants, heatand or odours that will be offensive to surrounding properties.

Limited natural vegetation is required to be removed from the site as part of theproposed development.

The proposed use will be located in a stand-alone building (with ancillary toilets andstorage areas) which will be easily identifiable from the existing house on site andhave been positioned on site so as to ensure opportunities are provided for bothinformal and formal surveillance.

5.6 HOME BASED BUSINESS AND HOME OCCUPATION CODE

It is noted that the application seeks a Development Permit for an Undefined Use (administrationand ancillary storage of business related materials associated with a mobile business) howeverit is considered warranted to assess the proposed development against the Home BasedBusiness and Home Occupation Code as the Home Based Business definition is most similar tothat of the proposed undefined development.

The proposed Material Change of Use for an Undefined Use (administration and ancillary storageof business related materials associated with a mobile business) is considered to comply withthe acceptable solutions and specific outcomes of the Home Based Business and HomeOccupation Code. Specifically, the following points are of note:

Given the nature of the home based business, there will be no requirements forpeople to visit the site (with the exception of the two employees). The hours ofoperation of the business will be between 6am and 4pm.

The proposed use will be conducted from a single AUSCO 12m x 3m office building.A building containing a toilet, two (2) hand basins and a urinal as well as a buildingsuitable as a storage room is considered to be ancillary to the proposed use. All ofthe abovementioned buildings are currently located on site.

Sufficient room is available on site to cater for the required car parking that will begenerated by the proposed development.


The proposed use is not considered to generate, traffic, noise or any other emissionthat is considered to cause a nuisance to nearby residents.


6.0 CONCLUSION

Approval of the Development Application which will grant a Development Permit for a MaterialChange of Use for an Undefined Use (Administration and ancillary storage of business relatedmaterials associated with a mobile business) on land described as Lot 9 on RP749090, locatedat 246 Bells Road, Palmyra.

This proposal is considered to be consistent with the Desired Environmental Outcomes (DEO’s)and the intent of the Performance Criteria and Acceptable Solutions of the Mackay City PlanningScheme. The following conclusions can be drawn from the above referenced planning aspectsof the proposal:

The proposed business is permissible development within the Rural Zone in the MackayHinterland Locality.

The proposal complies with the intent of the rural zoning and is consistent with thecharacter of the area.

The proposed development is generally consistent with the Desired EnvironmentalOutcomes of the Planning Scheme.

The proposed development addresses and is consistent with the Specific Outcomesand Performance Solutions of the Mackay Hinterland Locality Code, Rural Zone in theMackay Hinterland Locality Code, Environment and Infrastructure Code, HomeOccupation and Home Based Business Code.

The proposed development is responsive to all environmental constraints and isexpected to have minimal impact on the landscape character and visual amenityof the locality.

The proposed development can be adequately serviced by all essential utilitiesincluding telecommunications, electricity, potable water and sewerage reticulation.

The proposed development is not considered to generate, traffic, noise or any otheremission that is considered to cause a nuisance to nearby residents.

Accordingly, it is considered that the proposed development is able to be approved in full,subject to the imposition of reasonable and relevant conditions, as the proposal achieves theintent of the Planning Scheme. Therefore, the applicant requests that the Mackay RegionalCouncil issue a full Development Permit.


BRAZIER MOTTI72 Victoria Street MACKAYPO Box 420 MACKAY QLD 4740

Phone: 07 4953 1499 Fax: 074953 1838 Email: [email protected]

This report has been prepared for the purpose for which it was commissioned. Brazier Motti accepts no responsibility orliability for use of this document for any purpose other than that intended. This report is not to be reproduced in full unlesswritten approval is otherwise obtained from Brazier Motti.

Document StatusDevelopmentApplication

Author ReviewerDateName Name

76008-001-02 Amanda Pugh/Jenna Brosseuk Erin Berthelsen October 201376008-001-02 Submitted to Council October 2013

Ap

pe

ndix

A

IDAS form 1—Application details (Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

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.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

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)

For companies, contact name

Postal address

Suburb

State Postcode

Country

Contact phone number

Mobile number (non-mandatory requirement)

Fax number (non-mandatory requirement)

IDAS form 1—Application details Version 3.0—1 July 2013

Email address (non-mandatory requirement)

@

Applicant’s reference number (non-mandatory requirement)

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.)

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.)

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.)

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

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

Local government area (e.g. Logan, Cairns)

i)

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)

ii)

iii)

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)

Easting Northing Latitude Longitude

Zone reference

Datum Local government area (if applicable)

GDA94

WGS84

other

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

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


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


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)

Table I

Name of water body, watercourse or aquifer

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 12 Yes

11. 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 yellow local government/private certifier’s copy of the receipted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

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

12. 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)


13. 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. Note: this question does not apply for applications made online using MyDAS)

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

14. 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 11

• 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 2002.


Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

Question 12

• 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 are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481 or visit www.qleave.qld.gov.au.

Privacy—The information collected in this form will be used by the Department of State Development, Infrastructure and Planning (DSDIP), 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 State Development, Infrastructure 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 3.0 effective 1 July 2013)

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

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 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 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.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

Mandatory requirements

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)

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

No Yes—provide details below

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

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

Version 3.0—1July 2013

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

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.

Confirmed

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

Confirmed

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

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

Version 3.0—1July 2013

Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

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

Confirmed

Not applicable

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

Date received Reference numbers

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

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CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 16520811Search Date: 09/07/2013 13:00 Title Reference: 21430089 Date Created: 25/01/1990 Previous Title: 20447092 REGISTERED OWNER Dealing No: 712405346 13/05/2009

GREGORY WILLIAM KERWINELAINE KERWIN JOINT TENANTS ESTATE AND LAND Estate in Fee Simple LOT 9 REGISTERED PLAN 749090 County of CARLISLE Parish of CHELONA Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 20086178 (POR 571) 2. MORTGAGE No 712405349 13/05/2009 at 15:17 COMMONWEALTH BANK OF AUSTRALIA A.B.N. 48 123 123 124 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No

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) [2013]Requested By: D APPLICATIONS ABR Page 1/1

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9

2

5

0

.

1

9

664.83

8

3

.4

2

9

1

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8

6

497.42

ROADBELLS

110m

214m

Approx 195m

3

3

.

0

m

Proposed Office

Store & Office

12.0

3.0

3.5

3.5

3.0

3.0

3.0

12.0

3.6

3.0

6.5

12.0

6.0

9.0

6.0

8.0

3.6

3.0

12.0

10.0

Storage

Shed

Toilet

20.0m

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Lot 9 on RP749090

County of CarlisleParish of Chelona

50m250

Date:

Scale:

Drawn:

Job No:

Plan No:This plan is conceptual and for discussion purposes only. All areas,dimensions and land uses are preliminary, subject to investigation,survey, engineering, and Local Authority and Agency approvals.

INSET

See Inset

Legend

Existing Dwelling or Structures

Proposed Structures

Office

Toilet

Office/Store

Note

All dimensions and locations of existing and proposed

buildings and structures have been provided by the

Applicant, Kerwin Group Pty Ltd.

No field survey has been undertaken to locate them

3rd October 2013

1:2500 @ A3

MLC

76008/1-2

76008_001B

Client:

Documents

DEVELOPMENT APPLICATION FOR A DEVELOPMENT PERMIT …€¦ · only associated with the business entity, Kerwin Group Pty Ltd. The Kerwin Group Pty Ltd comprises three separate business