This is a Mackay Regional Council Digitally Signed Document · This is a Mackay Regional Council Digitally Signed Document. 22 August 2016. ASSESSMENT MANAGER CONDITIONS . Application

YOUR REF: OUR REF: DA-2015-159

22 August 2016 Titan Investments (Aust) Pty Ltd C/- Esnh Design Pty Ltd 23 Darvall St BALMAIN NSW 2041 Dear Sir/Madam DECISION NOTICE Applicant: Titan Investments (Aust) Pty Ltd Proposal: Material Change of Use - Multiple Dwelling Units (5) Application Number: DA-2015-159 Address: 39 Paradise Street, SOUTH MACKAY QLD 4740 Property Description: Lot 2 on RP722797 Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use

Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Kathryn Goodman.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Application Number: DA-2015-159

Date of Decision: 19 August 2016

1. APPLICANT/S DETAILS

Name: Titan Investments (Aust) Pty Ltd

Postal Address:

C/- Esnh Design Pty Ltd

23 Darvall St

BALMAIN NSW 2041

2. PROPERTY DETAILS

Property Address: 39 Paradise Street, SOUTH MACKAY QLD 4740

Property Description: Lot 2 on RP722797

3. PROPOSAL

Material Change of Use - Multiple Dwelling Units (5) 4. DECISION TYPE

DEVELOPMENT DECISION

Material Change Use Development Permit

Approved in Full Subject to Conditions


Decision Notice


5. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

6. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this application.

7. SUBMISSIONS

There were no properly made submissions received on this application.

8. PLANNING SCHEME

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

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED Operational Works Compliance Permit – Private Infrastructure

Earthworks Stormwater (Quantity/Quality) Sewerage Water Supply Access and Car Parking Landscaping

Building Works – Development Permit Plumbing and Drainage Works – Compliance Permit

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

12. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

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.


Decision Notice


14. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

22 August 2016

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2015-159 Decision Date: 19 August 2016

Page 1 of 8

1. Plan of Development

The approved five (5) multiple dwelling unit development consisting of 2 x 3 bedroom dwelling units and 3 x 2 bedroom dwelling units, must be completed and maintained generally in accordance 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. Project Number

Drawing Number

Revision Prepared by Date

1302 DA 01A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 04A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 03A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 02A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 05A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 06A Amended DA ESNH Design Pty Ltd June 2016 1302 DA 07A Amended DA ESNH Design Pty Ltd June 2016 1176-01 SK01 A Paragon Consulting Engineers

Pty Ltd 6/2016

2. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.

3. Maintenance of Development

The approved development (including landscaping, car parking, driveways and other external spaces) must be maintained in accordance with the approved drawings and/or documents, and any relevant Council engineering or other approval required by the conditions.

4. Conflict Between Plans and Written Conditions

Where a discrepancy or conflict exists between the written conditions of the approval and the approved plans, the requirements of the written conditions will prevail.

5. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

6. Damage

The developer is responsible for the repair of any damage that is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. The developer must make any damage safe and then notify Council immediately. Council will make the decision as to who will carry out the rectification works and the timing for the completion of those works.



Page 2 of 8

7. 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 Construction Specifications.

8. Electricity and Telecommunications Services

Each residence of the approved development must be provided with electricity and telecommunications infrastructure.

9. Minimum Building Floor Level

The minimum habitable floor level of the proposed development must be the higher of: a) 300 mm above the Q100 flood level (Q100 flood level = RL 6.29); b) 300 mm above the top of kerb; c) 300 mm above the crown of the road; d) 225 mm above ground level; e) a level which allows the connection of all sanitary fixtures to the designated

sewer connection point by means of sanitary drainage which complies with AS3500.

10. Site Filling

a) Filling on site must be restricted to the building footprint and car park areas

only. b) Filling of other parts of the site must be limited to the minimum amount

necessary to enable the site to be free draining.

11. Invert Crossing

An invert crossing and concrete driveway for access to Paradise Street must be constructed to the profile shown on Council’s Standard Drawing A3-773. The invert crossing and driveway must match smoothly to the existing concrete footpath so that the footpath is continuous across the driveway.

12. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system in Paradise Street generally in accordance with Paragon Consulting Engineers Pty Ltd Drawing No. 1176-01/004 (Refer attached). Connection to the existing Council gully pit must be by saw cutting and making good to Council’s satisfaction.



Page 3 of 8

13. Ponding and Diversion of Stormwater

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.

14. On-Site Detention

The on-site detention system must comply with the design detailed in Paragon Consulting Engineers Pty Ltd Engineering Report of June 2014 and Paragon Consulting Engineers Pty Ltd Drawing No. 1176-01/004 (Refer attached).

15. Site Based Stormwater Management Plan - Low Risk

Council’s Stormwater Quality Risk Classification has classified this development as 'Low Risk'. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay City Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No. 15.07. The stormwater quality treatments proposed in Paragon Consulting Engineers Pty Ltd Engineering Report of June 2014 are acceptable in principle.

16. Connect to Water Services

The developer must provide a new 63mm diameter water service connection to the existing 150mm dia. water main located on the eastern verge on Paradise Street.

17. Water Metering

The water metering arrangement shall be in accordance with Council’s Sub-Metering Policy 055 and figure 5.3. The preferred meter arrangement for this development includes a master meter and sub-meters located at the front boundary. This arrangement must be shown on the operational works drawings for approval. Please find below an extract of figure 5.3 from the Sub-Metering Policy for your information. Five sub-meters well be required for this proposed development.

Master Meter

Sub‐Meter

Sub‐Meter (common area)

Unit 1

Unit 2

Unit 3



Page 4 of 8

18. Fire Flow Requirements The developer shall engage a hydraulic engineering firm prior to commencing the development design. The hydraulic engineering firm shall provide an RPEQ certified hydraulic design that satisfies the required fire flow demands for the proposed development. This assessment shall examine the need for break tanks to satisfy the required fire flow. Where it is determined that break tanks are required the location of these tanks shall be clearly shown on the development plans. The fire flow assessment should also include: a) A complete a flow and pressure test and report from the number of required

hydrant outlets b) A demonstrated compliance with the fire safety water requirements c) The location of Fire Hydrants, pumps and break tanks in accordance with

AS2419.1 d) The location and size of all water pipes e) The location of various water use types on site both existing and proposed The hydraulic design is to be delivered in accordance with: f) WSAA Water Supply Code of Australia WSA 03-2011 g) Mackay Regional Council (MRC) Planning Scheme Policy – 15.12. h) MRC Policy Clearances to Water and Sewer Policy 063 i) MRC Standard Drawings j) Australian Standard 2419.1.

19. Existing Water Service The existing 32mm dia. water service must be removed by Council at the developers cost.

20. Connection to Sewer Services

The sanitary drainage system must discharge to the existing House Connection Branch in the 150mm dia. sewer main located adjacent to the rear boundary.

21. Building Over or Near Relevant Infrastructure Building work for the covered car park and rear boundary fence must be assessed against Queensland Development Code Mandatory Part 1.4 (MP1.4) “Building over or near relevant infrastructure”. We recommend that you seek advice from a Building Certifier to ensure the performance criteria and acceptable solutions of MP1.4 have been met. Building work that cannot be assessed against Queensland Development Code Mandatory Part 1.4 (MP1.4) must comply with Council’s Policy MW02 – “Building Over and Adjacent to Sewers”. An application must be submitted to Council for assessment of these works.



Page 5 of 8

22. Live Connections

Council’s Water and Waste Services Department is to carry out all water connection and live sewer work at the developer’s expense.

23. Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with the Operational Works Approval application. The plan must show for all areas identified on the approved plan of development the following: a) Landscape specification of sufficient detail so that landscape works are to be

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

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

and paving finishes; d) the details of the irrigation system needed at least for establishment and

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

24. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, line marked and drained for a minimum of 8 car parking of which 5 must be covered. The car parking must be designed in accordance with AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking and AS/NZS2890.6:2009 Parking facilities Part 6: Off-street parking for people with disabilities. Any car park lighting and other outdoor lighting, must comply with AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

25. Parking Signs

Signs and/or pavement markings must be provided directing drivers to appropriate car parking.

26. Car Park Wheel Stops

Car parking bays abutting walls and/or fences must be provided with wheel stops.

27. Vehicle Manoeuvring

All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.



Page 6 of 8

28. Visual Screen Fence

The following fencing must be constructed and/or maintained: a) A minimum 1.8m high no gap visual screen fence between the site and the rear

boundary, as identified on drawing no. 1302 DA 01 A. b) A minimum 1.8m high visual screen fence between the site and south-western

boundary to finish 2m from the front boundary, as identified on drawing no. 1302 DA 01 A.

c) A minimum 1.8m high visual screen fence between the site and north-eastern boundary tapered to a height of 1.2 metres within 6 metres of the front alignment, as identified on drawing no. 1302 DA 01 A.

d) The front fence must be setback 2m from the front boundary rearward of landscaping. Front fencing and landscaping must not obstruct sightlines of vehicles exiting the property.

The total cost of this fencing is to be met by the Developer.

29. Aesthetic Screening

The outdoor storage of any service facilities such as rainwater tanks, on-site detention tanks, clothes lines, gas bottles, air-conditioning units and the like must be aesthetically screened, to the satisfaction of Council from Paradise Street and adjacent properties.

30. Waste Storage Area

The waste storage area must comply with the following: a) Contain an impervious surface; and b) Contain sufficient storage space for the storage of one (1) 240 litre refuse and

one (1) 240 litre recycling bin for each dwelling unit; and c) Be screened so as not to be visible from Paradise Street.

31. Overlooking

The bedroom windows on the first floor facing 41 Paradise Street must have either: a) a minimum sill height of 1.5 metres above the floor level; or b) be treated with frosted glass/translucent glazing; or c) be treated with some other form of alternative, permanent screening device, of

which must be first approved by Council.

32. Demolish/Remove Existing Structure

All existing buildings currently situated on the subject site must be demolished or removed from the subject site prior to the commencement of the use. A Building Approval is required for demolition and should be issued by a Private Building Certifier.



Page 7 of 8

ASSESSMENT MANAGER’S ADVICE 1. Local Laws

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

2. 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.

3. 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.

4. 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.

5. 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.

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) of the 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.



Page 8 of 8

7. Contaminated Land

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

8. Electricity

For Location of Metering Panels - see Ergon Drawing ECMM-7.8 at the following website: www.ergon.com.au/__data/assets/pdf_file/0004/45994/NA000403R328ver8-Queensland-Electricity-Connection-and-Metering-Manual.pdf. Please contact Ergon for confirmation.

9. Infrastructure Charges Notice

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



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Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters – General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.


Decision Notice


463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


Decision Notice


NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2015-159

Date of Approval 19 August 2016

Approved Material Change of Use - Multiple Dwelling Units (5)

Location 39 Paradise Street, SOUTH MACKAY QLD 4740

Property Description Lot 2 on RP722797

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Titan Investments (Aust) Pty Ltd Address: C/- Esnh Design Pty Ltd 23 Darvall St BALMAIN NSW 2041

_________________________________________ Signature of Applicant Date: ______________


Documents

This is a Mackay Regional Council Digitally Signed Document · This is a Mackay Regional Council Digitally Signed Document. 22 August 2016. ASSESSMENT MANAGER CONDITIONS . Application