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Development Services

From: John Viklund <John.Viklund@cardno.com.au>Sent: Thursday, 18 January 2018 11:29 AMTo: Development ServicesCc: Dennis O'Riely; Michael JewellSubject: HRP18005 / DA-2014-120 - Applicant request to change an approval - L3 Glendaragh Road,

GlenellaAttachments: 180118 DA-2014-120 Applicant request to change approval.pdf

Hi Dennis

As discussed, please find attached application for a minor change to an approval, to amend the approved extractionarea.

Please issue a notice of payment to

The Trustee For The Frace Development Unit TrustC/ Cardno (Qld) Pty Ltdjohn.viklund@cardno.com.au

Please call if you have any queries.

Regards

John Viklund SENIOR PLANNER - PLANNINGCARDNO

Phone +61 7 4957 5880 Fax +61 7 4951 1070 Direct +61 7 4957 5880 Mobile +61 4 8879 7325Address 71 Maggiolo Drive, Paget, Queensland 4740 AustraliaPostal PO Box 759, Mackay Qld 4740Email john.viklund@cardno.com.au Web www.cardno.com

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Our Ref: HRP18005:JV

Your Ref: DA-2014-120

Contact: John Viklund

18 January 2018

Mackay Regional Council PO Box 41 Mackay QLD 4740

Attention: Dennis O’Riely

Dear Dennis,

REQUEST TO CHANGE APPROVAL (MINOR CHANGE) – MCU EXTRACTIVE INDUSTRY - L3 GLENDARAGH ROAD, GLENELLA – LOT 3 RP702720

Pursuant to the Planning Act 2016 S78, on behalf of our client The Trustee For The Frace Development Unit Trust and owner De-Cam Pty Ltd A.C.N. 142 451 714, we hereby request a change to approval DA-2014-120 (minor change).

Fee

The fee for the proposed change to the approval in this instance is $995 (change to the first 5 conditions) in accordance with Council’s Schedule of Fees and Charges. We request that Council issue a notice of payment following lodgement of this request.

Payer: The Trustee For The Frace Development Unit Trust.

Proposed Change

The proposed change involves approval of an amended Plan of Development, which extends the approved extraction area by 20m towards the east. The proposed new area for extraction has an average length of 345m, providing an additional 6,900m2 of land available for extraction.

A copy of the proposed plan for approval is attached hereto. No other change to the approval, or conditions of approval, is proposed.

Justification

The proposed new quarry area has been identified as a suitable area for extraction within the site, without materially exacerbating any existing impacts or creating any new impacts beyond the site. Approval of the extended extraction area will assist operations on the site in achieving the approved annual extraction tonnage.

The proposed extension to the extraction area is not expected to create any material change in impacts to the dwelling / lot adjoining the site to the east. The quarry area will remain west of the natural ridgeline (marked on the plan for approval), ensuring the quarry remains out of sight to the dwelling on the adjoining lot. The change in separation distance to this dwelling (385m to 365m) is not expected to create any discernible change in impacts, given the distance and landform / topography.

No other property will be impacted by the proposed new excavation area.

There will be no change to the annual limit of excavation (95,000t).

Referral Agencies

Only one referral was triggered for the original application, to Powerlink as an Advice Agency. The proposed change to the approval does not conflict with the Powerlink advice response.

Cardno (Qld) Pty Ltd ABN 57 051 074 992

71 Maggiolo Drive Paget QLD 4740 4740 Australia

Phone +61 7 4957 5880 Fax +61 7 4951 1070

www.cardno.com

HRP18005:JV 2 18 January 2018

Z:\HRP Documents\2018\HRP18005 - Frace Dev Change to Quarry\DELIVERABLES\Report\180118 DA-2014-120 Applicant request to change approval.docx

Minor Change Test

Schedule 2 of the Planning Act 2016 describes a Minor Change for a development approval to mean

(i) would not result in substantially different development; and

(ii) if a development application for the development, including the change, were made when the change application is made would not cause—

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency, other than to the chief executive, if there were no referral agencies for the development application; or

(C) referral to extra referral agencies, other than to the chief executive; or

(D) a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or

(E) public notification if public notification was not required for the development application.

Response

The proposed change does not change any aspect of the approved use, except to facilitate a 20m extension to the approved area of extraction. The proposed changes do not introduce a new component to the use or remove any aspect of the use, impact on the assessment process or impact on applicable referral agencies.

Conclusion & Recommendation

Our assessment of the proposed change to the approval indicates the requested change is not expected to result in any significant change in impacts within or beyond the site, and is consistent with the existing conditions of approval. We therefore recommend the change for approval, and request Council confirmation at the earliest convenience.

For any queries please contact the undersigned or Michael Jewell on the number referenced below.

Yours sincerely,

John Viklund Senior Planner – Planning for Cardno Direct Line: +61 7 4957 5880 Email: John.Viklund@cardno.com.au Attach: HRP18005 Plan of Development – Extraction Area V1.0 17/01/2018

3RP702720

4RP910713

5SP241649

2SP249705

24SP230182

3SP103879

6SP125465

10SP241649

4RP859411

1SP249705

5SP241649

SP125465

365m

338m

284m

280m

200m

Figure 1: Dwelling Houses and Extraction AreaFrace Developments Lot 3 on RP702720

1Version:

P:\G

IS\P

roje

cts\

2415

37_3

RP

7027

20\2

4153

7_Fi

gure

.mxd

14/0

8/20

1414

:44

Notes:

Legend

Ridge Line

Road Cutting

High Point

Extraction Area (combined stages 1, 2 and 3)

Dwelling Houses

Lot 3 on RP702720

Easements

DCDB Lot Boundary

Existing and Supplemented Vegetated EarthMound

RVM - Regional Ecosystem v8.0

Non Remnant

Remnant Endangered

Job No: 241537

Date: 15/08/2014Aut

hor:

Zont

aRA

Coordinate System: GDA 1994 MGA Zone 55

A4 scale: 1:4,750

0 13065Metres

16-12-14

20m

Extraction areaextension

345m

Plan of Development -Extraction Area

LOT 3 GLENDARAGH ROAD, GLENELLALOT 3 RP702720

100 150 200metres0 50

1:5,000 @ A4N

AMENDED >

FILENAME >

JOB NO. >

SCALE >

SOURCE >

POD - EXTRACTION AREA

HRP18005

1:5,000 @ A4

DATE >

VERSION >

17 JAN 18

N/A

1.0

MRC DECISION NOTICE DA-2014-120, APPROVED PLAN 16-12-14

FIGURE 1: DWELLING HOUSES AND EXTRACTION AREA, VERSION 1

15/08/2014, PREPARED BY AURECON

3RP702720

4RP910713

5SP241649

2SP249705

24SP230182

3SP103879

6SP125465

10SP241649

4RP859411

1SP249705

5SP241649

SP125465

365m

338m

284m

280m

200m

Figure 1: Dwelling Houses and Extraction AreaFrace Developments Lot 3 on RP702720

1Version:

P:\G

IS\P

roje

cts\

2415

37_3

RP

7027

20\2

4153

7_Fi

gure

.mxd

14/0

8/20

1414

:44

Notes:

Legend

Ridge Line

Road Cutting

High Point

Extraction Area (combined stages 1, 2 and 3)

Dwelling Houses

Lot 3 on RP702720

Easements

DCDB Lot Boundary

Existing and Supplemented Vegetated EarthMound

RVM - Regional Ecosystem v8.0

Non Remnant

Remnant Endangered

Job No: 241537

Date: 15/08/2014Aut

hor:

Zont

aRA

Coordinate System: GDA 1994 MGA Zone 55

A4 scale: 1:4,750

0 13065Metres

16-12-14

20m

Extraction areaextension

345m