2011-09-07 planning & development committee meeting …...2011/09/07  · planning &...

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Gympie Regional Council MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Jan Watt Held in the Boardroom Town Hall 2 Caledonian Hill, Gympie Qld 4570 On Wednesday 7 September 2011 at 9.00 a.m. Recommendations to be considered for adoption at the General Meeting to be held on 14 September 2011

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Page 1: 2011-09-07 Planning & Development Committee Meeting …...2011/09/07  · Planning & Development Committee Meeting – 7 September 2011 - 2 - Gympie Regional Council 3/3 2011- 0558

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Jan Watt

Held in the Boardroom Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 7 September 2011 at 9.00 a.m.

Recommendations to be considered for adoption at the General Meeting to be held on 14 September 2011

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PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt.

APPOINTMENTS etc. 9.30 a.m. Chris Cooper, I3 Consulting Pty Ltd – Re: 3 Langton Road, Monkland 10.00 a.m. Representatives from the BRAG Group 10.30 a.m. On-Site Inspection – Tagigan Road, Goomboorian

CONTENTS

LEAVE OF ABSENCE............................................................................................................................ 3

APOLOGIES ........................................................................................................................................... 3

DECLARATION OF INTERESTS BY COUNCILLORS ......................................................................... 3

CONFIRMATION OF PREVIOUS MINUTES ......................................................................................... 3

SECTION 1: STRATEGIC PLANNING MATTERS................................................................................ 4

1/1 ELGIN VALE SAWMILL MUSEUM STATUS AND CONSERVATION MANAGEMENT PLANNING .............. 4

SECTION 2: PLANNING APPLICATIONS ............................................................................................ 8

2/1 2011–0902 – MATERIAL CHANGE OF USE - MULTI–RESIDENTIAL (DUPLEX) – 25 HABITAT

CIRCUIT, COOLOOLA COVE – JOHN FRANKLIN ........................................................................... 8 2/3 2011-0193 – MATERIAL CHANGE OF USE – COMMERCIAL FACILITY – (SHOWROOM – HARDWARE STORE) – 31 SCRUB ROAD, GUNALDA – PAKRAT PTY LTD .................................... 25 2/4 2010-1362 – REQUEST TO CHANGE AN EXISTING APPROVAL - MATERIAL CHANGE OF USE – LOW IMPACT INDUSTRY (STORAGE SHED FOR FOUR (4) SCHOOL BUSES) – 27 DAN MEURANT DRIVE, CURRA – JJ & KA BARTON.............................................................. 37

SECTION 3: RECONFIGURING A LOT APPLICATIONS................................................................... 41

3/1 2011-0534 - RECONFIGURING A LOT - SUBDIVISION TO CREATE TWO (2) LOTS FROM ONE (1) LOT - 53 UPPER WIDGEE ROAD, WIDGEE - AHERN JAMES NAISMITH............................ 41 2/2 2010-1348 - MATERIAL CHANGE OF USE - FOOD OR ENTERTAINMENT VENUE (FUNCTION VENUE) – 149 TAGIGAN ROAD, GOOMBOORIAN – B. NEWMAN ............................... 49 3/2 2010-1730 – RECONFIGURING A LOT – SUBDIVISION TO CREATE 19 ADDITIONAL LOTS AND BOUNDARY REALIGNMENT – 600 BRUCE HIGHWAY, CHATSWORTH – ROBERTS BROS PTY LTD........................................................................................................ 70

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3/3 2011- 0558 – REPRESENTATIONS TO EXISTING APPROVAL - RECONFIGURING A LOT - SUBDIVISION TO CREATE TWO (2) LOTS FROM ONE (1) LOT – 45 KEVIN ROAD, IMBIL – K & J WATT ........................................................................................................................... 88

SECTION 4: PLANNING APPLICATIONS PENDING......................................................................... 92

4/1 PLANNING APPLICATIONS PENDING ......................................................................................... 92 4/2 DEVELOPMENT APPLICATIONS APPROVED ............................................................................. 103

SECTION 5: GENERAL MATTERS ................................................................................................... 106

5/1 APPLICATION FOR DETACHED BOTTLE SHOP – JOCKEY CLUB HOTEL – SHOPS 302 & 303

SOUTHSIDE SHOPPING CENTRE, LOT 11 RP896298 - 1-5 WOOLGAR ROAD, SOUTHSIDE........ 106 5/2 DEVELOPER CONTRIBUTIONS FOR PROPOSED DUPLEX .......................................................... 109

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION..................................................................... 110

SECTION 7: “IN COMMITTEE” ITEMS ............................................................................................ 112

7/1 PARK CONTRIBUTIONS.......................................................................................................... 112

SECTION 8: GENERAL BUSINESS .................................................................................................. 112

8/1 PROPOSED HERITAGE LISTING AT SPRING VALLEY DIP .......................................................... 112

SECTION 9: ATTACHMENTS............................................................................................................ 112

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The meeting opened at 9.00 a.m. PRESENT: Crs J. Watt (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske,

R.A. Gâté, D.R. Neilson, A.J. Perrett & J.A. Walker Also in attendance were Chief Executive Officer (Mr B.J. Smith), Mr M.

Hartley (Director of Planning & Development) and Ms S. Green (Minutes Secretary).

LEAVE OF ABSENCE Nil

APOLOGIES P01/09/11 Moved: Cr J.A. Walker Seconded: Cr R.A. Gâté

That the apology from Cr I.T. Petersen be accepted.

Carried.

DECLARATION OF INTERESTS BY COUNCILLORS P14/09/11 – Cr J. Watt – Material Personal Interest.

CONFIRMATION OF PREVIOUS MINUTES

P02/09/11 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker That the Minutes of the Planning & Development Committee Meeting held on 17 August 2011 be taken as read and confirmed.

Carried.

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SECTION 1: STRATEGIC PLANNING MATTERS

1/1 Elgin Vale Sawmill Museum Status and Conservation Management Planning

Re: P03/09/11 Elgin Vale Sawmill From: Planning and Development Directorate File: 2/4/04/0013 Date: 24 August 2011 Reference: SG04/06/11 EXECUTIVE SUMMARY This report responds to Budget deliberations in relation to Elgin Vale Sawmill. The outcomes of those deliberations were that: The status of the Elgin Vale Sawmill is a static museum; and Funds for development of a Conservation Management Plan be

referred to the 2012/2013 Budget Deliberations. PREVIOUS COUNCIL CONSIDERATIONS SG04/06/11 “Recommend that Council refers the status of the Elgin Vale Sawmill as a static museum to a future Planning and Development committee meeting. Further that the Conservation Management Plan be referred to a future Budget.” CS06/02/11 “Recommend that Council acknowledge the maintenance issues at the Elgin Vale Sawmill contained within this report, and that the matter relating to the costing of the maintenance works be referred to the 2011/2012 Draft Budget meeting for Council’s consideration. Further, it is recommended that Council endorse the concept of Elgin Vale Sawmill operating as a ‘Static Museum’.”

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Report: (Strategic Planning Officer – R. N. Halse) 1. INTRODUCTION Council Minute (SG04/0611) where it states “the matter regarding the museum status of the Elgin Vale Sawmill be referred to a future Planning and Development meeting” has effectively been actioned because on the 23 February 2011 Council resolved to endorse Elgin Vale Sawmill as a ‘Static Museum’, see Council minute (CS06/02/11). In respect to conservation management planning, Council resolved not to allocate funding in the 2011/2012 budget, referring the matter to budget deliberations for 2012/2013.

2. ASSESSMENT The need for Conservation Management Plan is highlighted by the list of the maintenance and development issues identified below.

Raise supporting stumps; Create water diversion channels at the front of the mill to mitigate

flooding and water pooling under the building; Repair guttering; Repair damaged roof; Termite treatment; Replace unstable flooring and other timber products deemed to be

unsafe. In addition subject to Council support, the following dot points identify ancillary works designed to improve the function of the museum: Develop well researched interpretive signage; Improve and upgrade, where necessary, public access points; Introduce new, non-obtrusive barriers between the mill equipment

and the public; Develop an unsealed (gravel) car park. 3. STRATEGIC IMPLICATIONS Corporate Plan Outcome 3.5 ‘Recognise and promote the history and heritage of the Gympie Region’.

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Operational Plan 4.3 (v) - Heritage Planning & Awareness

To recognise, promote and protect the cultural heritage resources of the Region in order to ensure that new development respects and, where ever possible, enhances these resources.

Budget Refer the matter of $25,000 for a Conservation Management Plan to the 2012/2013 Budget Deliberations. Legal/Statutory Queensland Heritage Act 1992 – Division 3 – Section 87 (2) “The chief executive may give the owner of the place a notice (the maintenance notice) require the owner to carry out the essential maintenance work stated in the notice.”

Division Section 87 (7) defines essential maintenance work: “Essential maintenance work, in relation to State heritage place, means work of a minor nature that, if carried out on the place, would help to prevent serious or irreparable damage to, or deterioration of, the place.”

Risks (Medium) Without forward planning for the maintenance and development of the site it runs the risk of falling into a state of dilapidation. 4. CONCLUSION In conclusion it is recommended that Council refer the allocation of $25,000 to develop a Conservation Management Plan to the 2012/2013 Draft Budget Deliberations.

5. CONSULTATION Not required. 6. ATTACHMENTS Nil

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P03/09/11 Moved: Cr J.A. Walker Seconded: Cr L.J. Friske

Recommend that Council refer the allocation of $25,000 to develop a Conservation Management Plan for Elgin Vale Sawmill to the 2012/2013 Draft Budget Deliberations. Further that the Kilkivan and District Historical Society be kept informed with actions associated with the conservation of the sawmill.

Carried. Ms T.M. Stenholm (Manager Development & Compliance) entered the meeting at 9.10 a.m. Cr J.A. Walker advised that as part of the 2011 Heritage Awards, the Governor’s Heritage Award for local heritage projects was presented to Gympie Regional Council for the conservation and adaptive reuse of the Old Lands Office, now the Australian Institute of Country Music.

Cr J.A. Walker presented the award to Council and it was agreed to display the award in the public area of Council’s 242 Mary Street Office.

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SECTION 2: PLANNING APPLICATIONS

2/1 2011–0902 – Material Change of Use - Multi–Residential (Duplex) – 25 Habitat Circuit, Cooloola Cove – John Franklin

FILE: P04/09/11 2011-0902 APPLICANT: John Franklin RPD: Lot 109 SP 207314 SITE: 25 Habitat Circuit Cooloola Cove PROPOSAL: Multi-Residential – Duplex EXISTING ZONE: Housing PLANNING AREA: Cooloola Coast Planning Area LEVEL OF ASSESSMENT: Code SITE AREA: 1000m2

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KEY POINT SUMMARY

Cooloola Coast Planning Area; Zoned Housing; Multi-Residential (Duplex); Two (2) x Three (3) bedroom units; Referred to DERM for Advice (Land within 100mts of Wetlands); Proposed development site currently vacant; Proposal is Code Assessable (Inconsistent Use) development; Development site Lot 109 SP207314 = 1000m2; Proposed development generally complies with the Cooloola

Coast Planning Area Code, Multi-Residential Code, Driveways & Cross-overs Code, Infrastructure Works Code, Landscaping Code, Vehicle Parking and Access Code, Natural Waterways & Wetland Areas Code, Acid Sulfate Soils Code and the Cooloola Cut & Fill Code;

Development site within 280m of approved duplex developments (GRC DA12436) at 37, 41 & 43 Creekside Esplanade, Cooloola Cove;

Although the proposal is Code Assessable (Inconsistent Use) development, approval is justified as the proposed development is consistent with surrounding land use i.e. residential allotments with predominantly single dwelling and multi-residential (duplex) development, generally complies with the relevant planning scheme codes and is supported by the Draft Wide Bay Burnett Regional Plan.

Report: (Cadet Planning Officer – P. Meredith) 1.0 INTRODUCTION 1.1 The Proposal The application seeks Council approval to erect a dual occupancy (duplex) over lot 109 SP207134 – 25 Habitat Circuit, Cooloola Cove. The proposed development comprises of two (2) three (3) bedroom units sharing a common wall. Each unit includes two (2) bathrooms, laundry, open plan kitchen/dining and living area, rear verandah and double carport. The proposed development will have a combined Gross Floor Area of 252m2.

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1.2 Site Description The proposed development site is located at 25 Habitat Circuit – Lot 109 SP207134 in the Cooloola Sands estate and has an area of 1000m2 of generally flat land cleared of major vegetation. Adjoining the site along the north-eastern and north-western boundaries there is dedicated parkland and to the south-west and adjacent to the site are

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residential allotments. Access to the site is off Habitat Circuit which is a sealed Kerb and channelled road. The site is serviced by reticulated water and sewerage services and has access to communication and electricity infrastructure.

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1.3 Surrounding Land Uses Land uses within the area are predominately single dwelling residential. However in nearby Creekside Esplanade there are four (4) lots with duplex development approval approximately 280m from the proposed development site in Habitat Circuit. The duplex development in Creekside Esplanade was approved on the 7 February 2006 (DA123436). The proposed development site is within close proximity to a commercial and retail centre, parkland and other community facilities. 2.0 STATUTORY REQUIREMENTS 2.1 Draft Wide Bay Burnett Regional Plan The subject site is wholly located within the ‘Urban Footprint’ area within the Draft Wide Bay Burnett State Planning Regulatory Provisions 2010. The DWBBRP supports the efficient use of land within the Urban Footprint to achieve a compact settlement pattern consolidating urban development in established communities. The proposed development can be seen as development that is in keeping with these principles. 2.2 Planning Scheme Requirements The application for MCU – Multi-Residential (Duplex) in the Cooloola Coast Planning Area - Housing Zone is ‘Code Assessable’ (Inconsistent) development. The following codes apply to the assessment: Cooloola Coast Planning Area Code Multi-Residential Code Erosion & Sediment Control Code Landscaping Code Infrastructure Works Code Vehicle Parking & Access Code Natural Waterways & Wetland Areas Code 2.2.1 Cooloola Coast Planning Area Code The proposal is not considered to compromise any probable solutions of the Cooloola Coast Planning Area Code which relate to amenity, noise impacts, emissions and the scale, siting and provision of buildings, structures and other works. However under the code Multi-Residential development is considered ‘Inconsistent’ development as the site is not within the Mixed Housing Preferred Use Area.

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Although the proposed development is defined as being ‘Inconsistent’ development, the scale of the proposed development can be seen as being consistent with surrounding land uses and compatible with the existing amenity of the area. The proposed development is on a larger residential allotment of 1000m2 and is within close proximity to existing duplex developments and has dedicated parkland bordering two boundaries. Existing duplexes within the Cooloola Sands estate have been previously supported by Council based on it being a developing area with no established development and expectations. 2.2.2 Multi-Residential Code The proposal complies with the Multi Residential Code minimum requirements for Duplex development. Site coverage for the development is 34%, below the 40% maximum nominated in the planning scheme. Plot ratio also meets scheme requirements. Each dwelling unit provides at least 140m2 of private open space and minimum dimensions of 10 metres. The unit also meets the requirement of having at least one area with minimum dimensions of 4 metres. This is considered to comply with regard to the Specific Outcome. Communal open space areas are to be provided at the rate of 0.2m2 per square metre of Gross Floor Area. The proposal exceeds this requirement. The application proposes each individual unit will be responsible for their own refuse storage bins. It is acceptable to not require an enclosed refuse storage area for the additional unit. The resident of the additional unit will therefore wheel out their own refuse bin. This is considered acceptable with regard to the Specific Outcome. Maximum height in the Gympie Planning Area for the Housing Zone is 8.5 metres and two storeys. The proposal is one storey and achieves the maximum height requirements. The proposal complies with this requirement. Dwelling intensity complies with requirements of one (1) dwelling per 250m2 of site area proposing a total of two dwellings for the 1000m2 lot. The building achieves minimum setbacks in accordance with the planning scheme provisions for multi-residential development.

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2.2.3 Erosion & Sediment Control Code Conditions can be imposed to ensure compliance with the code. 2.2.4 Landscaping Code The proposal generally complies with the minimum requirements for Multi-Residential development. Schedule Table 8 Minimum Landscaping Dimensions and Works for Making a Material Change of Use nominates the following landscaping for multi-residential developments: (a) a minimum 2 metres wide and averaging at least 3 metres wide

along all frontages where buildings are not built to the boundary; (b) a minimum of 2m wide along each side and rear boundary where

buildings are not built to the boundary; and (c) one advanced feature tree per 300m2 of site area or part thereof

planted within the landscaped area along any frontage. The proposal generally complies with the minimum landscaping requirements for Multi-Residential (Duplex) development and meets the Overall and Specific Outcomes of the Landscaping Code. The development site is boarded at the rear and northern boundary by parkland and a condition of the Decision Notice will stipulate that: A 1.8 metre high solid timber paling (or other material approved by Council) fence is to be erected along side and rear boundaries of the development site. This condition, the proposed landscaping and the site being boarded by parkland on the rear and northern side boundary will ensure nearby residential amenity. 2.2.5 Infrastructure Works Code The site is serviced by all required urban infrastructure items. 2.2.6 Vehicle Parking & Access Code Schedule 10 Minimum Vehicle Parking Requirements for Multi-Residential requires: (b) Second dwellings on the same lot as a dwelling house – 1 covered space exclusively for the users of the second dwelling.

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The proposal indicates that two (2) covered vehicle parking spaces are to be provided for each unit dwelling. 2.2.7 Natural Waterways & Wetland Areas Code The Overall Outcomes of the Natural Waterways and Wetland Areas Code seeks to ensure that the ecological values and environmental functions of natural waterways, natural wetland areas and wetland protection areas are retained or enhanced and are protected from the adverse impacts of development. The proposed development will have minimal impact upon the wetland area as conditions can be imposed to ensure compliance with the relevant codes and protect the wetland area from adverse environmental impacts. 3.0 CONSULTATION 3.1 Internal (a) Design Services Division Report: (Design Services Civil Engineer – BJ Garrad) This engineering report is based on the information submitted by consultants JFP Urban Consultants P/L for the proposed development. TRAFFIC The proposed development will attract additional traffic. On this basis a contribution of $2,214.30 is applicable under Planning Scheme Policy 13. FRONTAGE ROAD and ACCESS The development has 28 metres of frontage to Habitat Circuit, an Urban Local road servicing 24 lots. Habitat Circuit is fully constructed to 5.5 metres with kerb and channel. The posted speed limit is 50 km/h with less than 500 vehicles per day traffic volume. Access to Tin Can Bay Road is via Sanctuary Way, Queen Elizabeth Drive and Bayside Road which is classified Sub-Arterial road. The proposed access is centrally located on the lot frontage and will allow access to the two covered car parks either side of the driveway. The access is located on a curve but sight distance at the access point is adequate.

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CAR PARKING There is provision for four (4) covered car parking spaces located between the building façade and the road frontage with a 7.75 metre wide aisle and manoeuvring area between them to allow forward entrance and exit from the site. The car parking spaces are of adequate length and width for this application. WATER SUPPLY There is a 150 mm water main running along the Habitat Circuit frontage of the site to supply water from Council’s reticulated system to the site. Headworks charges to be applied as determined by the Planning Directorate. SEWERAGE RETICULATION A sewer line is located within the site along the road frontage. The proposed covered car parks are shown over the sewer line in conflict with Council’s Building Over Sewers Policy. Further assessment will be required prior to applying for building approval. Headworks to be applied as determined by Council’s Planning Directorate. FLOODING The level of the lot is between 5.5 and 5.75 AHD, which is above the minimum habitable floor level for this area. STORMWATER DRAINAGE Drainage infrastructure exits on Habitat Circuit in the form of kerb and channel and in-line gully pits feeding 375mm pipes which in turn feed into a 750mm pipe running along Habitat Circuit. A 2 metre wide drainage easement containing a 675mm inter-allotment drainage line exists at the rear of the site. Roof water from the development is to be piped to the inter-allotment drain at the rear. The lot is relatively flat so surface water can flow to the parkland reserve at the rear or the street frontage where it will be captured in the road drainage system. MISCELLANEOUS Power and communication services to be provided at the applicant’s expense. A streetlight exists at the western corner of the frontage.

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3.2 External (a) Department of Environment and Resource Management The site is within 100m of a referable wetland which triggered referral to the Department of Environment and Resource Management as an Advice Agency. Council has received a response from DERM on the 22 July 2011 in regards to the proposed development. 4.0 CONCLUSION Material Change of Use Multi-Residential development within the Cooloola Coast Planning Area - Housing Zone is considered Code assessable ‘Inconsistent’ development under the Cooloola Shire Council Planning Scheme 2005. Although the proposed development is deemed ‘Inconsistent’ development the scale of the development can be seen as being consistent with the surrounding land use of the residential estate. The surrounding land use is mainly single dwelling residential but there are also four (4) allotments that have been approved and developed for Multi-Residential (Duplex) use within approximately 280m of the site. The DWBBRP Urban Footprint Principles support the efficient use of land to achieve a compact settlement pattern by consolidating urban development in established communities. The proposal intends to construct two (2) by three (3) bedroom units on a 1000m2 lot. Considering that the minimum lot size for Multi-Residential (Duplex) is 800m2 and the minimum lot size for the Housing Zone is 600m2 this development exceeds the minimum requirements without overdeveloping the site and should be considered as development that is consistent with DWBBRP Urban Footprint Principles. As of January 2008 Class 1 and 2 buildings must comply with the Queensland Development Code 4.1, 4.2 & 4.3 which requires mandatory water saving devices and systems to minimize the use of reticulated water and maximize water saving efficiency. This development will comply with the requirements of the QDC codes and this will alleviate Council concern that water supply allocation will be exceeded for this allotment. Considering that the proposed development generally complies with the relevant codes for assessment, is supported by the DWBBRP Urban Footprint Principles and there is previous Multi-Residential (Duplex) development approved in the immediate vicinity, the proposal represents appropriate use of the site and has provided sufficient grounds for approval subject to reasonable and relevant conditions.

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P04/09/11 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

Recommend that Council as Assessment Manager, APPROVE, development application 2011-0902 for Material Change of Use – Multi-Residential (Duplex) over Lot 109 SP207314 at 25 Habitat Circuit, Cooloola Cove, subject to the following conditions .

Assessment Manager’s Conditions Conditions to be satisfied prior to the commencement of the use 1. The development shall be generally in accordance with the

plans submitted with the application (Site, Floor & Elevation Plans drawn by Gateway Constructions) except for the following amendments:

(a) Address the requirements of Condition 21. 2. The development herein approved may not start until the

following development permit has been issued and complied with as required -

(a) Development Permit for Building Work. (b) Compliance Permit for Plumbing and Drainage Work. 3. Infrastructure charges are payable as follows:

Infrastructure Item Units equivalent Current Amount Water Headworks 1.2ep $1 746 Sewerage Headworks 2.0ep $3 656 Urban Roads 6 vte $2, 214 TOTAL $7 616

but will be subject to indexation annually on 1 July

4. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

5. Stormwater is to be disposed of on site so as to cause no

scour or damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

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6. Any filling or other development works undertaken on the

site shall be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

7. Common letter boxes are to be provided to the satisfaction

of Council’s Chief Executive Officer. 8. (i) A properly prepared Landscape Plan in accordance with

Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.

(iii) The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

9. A 1.8 minimum metre high solid timber paling (or other

material approved by Council) fence is to be erected along the southern side boundary and a minimum 1.2 metre high solid timber paling (or other material approved by Council) fence along the remaining boundaries of the development site.

10. Car parking and access areas shall be sealed pavement and

designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

11. Four (4) car parking spaces are to be provided on-site,

including a minimum of two (2) covered spaces. 12. Connection is to be made to Council’s existing Water Supply

and Sewerage reticulation systems at no cost to Council in accordance with a development permit for Operational Works approving the required plans and specifications for such works.

13. A master water meter shall be installed to service the full

development with individual meters installed to service each title to the satisfaction of Council’s Chief Executive Officer.

14. Roof and surface water is to be collected on site and is to be

discharged through an underground drainage line into existing inter-allotment drainage line located within the easement at the rear of the lot.

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15. The method of treatment of any acid sulfate soils likely to be

encountered during construction of the works is to be in accordance with State Planning Policy 2/02 Guidelines and incorporated into the Operational Works plans submitted.

16. Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

17. Underground utility services are to be provided if practicable.

If provided an “as constructed” plan of all utility services is to be provided to Council upon completion of the approved development.

18. Car parking and access areas shall be “sealed” pavement and

designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

19. Access to the development shall have a minimum visibility of

40 metres in each direction. 20. Access to the development is to be constructed in

accordance with the requirements of Council’s Infrastructure Works Code – Drawing No (R-03).

Note: Invert crossover is to be positioned to give clearance to

the in-line gully pit on the Habitat Circuit frontage. 21. Buildings to be sited to meet the requirements of Council

Policy PRWS002: Building over Sewers Policy. Should a relaxation of the policy be sought, an application is to be received and assessed by Council prior to lodging a development application for building work.

Carried.

SUSPENSION OF STANDING ORDERS P05/09/11 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker

That Council suspend standing orders and Section 2 Item 2/3 be brought forward and dealt with at this stage in the meeting.

Carried.

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2/3 2011-0193 – Material Change of Use – Commercial Facility – (Showroom – Hardware Store) – 31 Scrub Road, Gunalda – Pakrat Pty Ltd

FILE NO: P06/09/11 2011-0193 APPLICANT: Pakrat Pty Ltd LANDOWNER: Shaun Kelly & Robyn Kelly RPD: Lot 3 RP228940 AREA: 3.949Ha (39 490m²) SITE ADDRESS: 31 Scrub Road, Gunalda CURRENT USE OF LAND: Single detached dwelling, shed

structures, fuel depot, sand & gravel yard and concrete batching facility

PROPOSAL: Commercial facility (Showroom – Hardware Store)

ZONE: Industry PLANNING AREA: Tiaro LEVEL OF ASSESSMENT: Impact Assessable SUBMISSIONS RECEIVED: Nil

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KEY POINT SUMMARY Application for Commercial Facility (Showroom – Hardware Store) Site Area (Lot 3 RP228940): 39 490m² Site is zoned as Industry The application was publicly notified and no submissions were

received A (non-approved) Hardware Store currently operates from the

existing shed Approval of the MCU will allow formalisation of existing

arrangements (e.g. carparking and manoeuvring) Application recommended for APPROVAL. Report: (Planning Officer – L. M. Farrelly) 1.0 INTRODUCTION This application seeks Material Change of Use (MCU) approval for an existing industrial site in Gunalda to include a Hardware Store in an existing shed. 1.1 Site Description & Surrounding Land Uses

The subject site is situated at 31 Scrub Road, Gunalda and is described as Lot 3 on RP228940. The site is on the northern urban edge of the Gunalda Township.

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The site is subject to an approved reconfiguration of a Lot (1 Lot into 6 Lots – R177/07). The proposed hardware store is located on proposed lot 2 of the reconfiguration (on the corner of Cotter Drive and Scrub Road). There is a residential subdivision opposite the allotment, approximately 170m west of the subject shed. The site currently includes several structures including a detached dwelling, sheds, a fuel pump, sand & gravel yard and concrete batching facility. The concrete batching facility was approved by the Tiaro Shire Council (refer MCU175/07). 1.2 The Proposal The proposal involves the establishment of a Hardware Store within an existing shed on the site. It is noted that a commercial use is currently operating in the shed (no building works are proposed as part of the subject application). The existing shed is 473m² in area. The applicants reside on the site and operate commercial industrial operations from the site including a fuel depot, sand and gravel yard, and concrete batching facility. The proposed hardware store is considered consistent with these established uses. The shed is set back over 15m from the Cotter Drive frontage, and over 30m to the Scrub Road frontage. The area between the shed is grassed with some garden beds. The existing (non-approved) Hardware Store operating from the shed currently sells general hardware items (e.g. timber, paint, gates, brackets, pipe, fence posts etc.). The use operations are summarised in the Town Planning Report prepared by Murray and Associates:

The proposed use is intended to trade by the name of Rock Solid Sand and Gravel and Hardware… The proposed hardware store will supply the community of Gunalda and surrounding areas with the essential tools needed for building, construction and maintenance around the garden offering the ‘do it yourselves’ and tradespersons an alternative supply of hardware rather than travelling 30 kilometres (30 minutes) into the Gympie Service Centre.

Access is achieved via a sealed crossover to Scrub Road. The internal car parking and manoeuvring areas are partially sealed, but not formally line marked.

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The Hardware will trade seven (7) days a week from 7am-4pm from Monday to Saturday and from 7am to 12noon on Sundays. Site Photographs

Photograph 1 – Current commercial operations in shed

Photograph 2 - Stock stored/ displayed on driveway area

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Photograph 3 - Existing crossover to Scrub Road and internal manoeuvring

Photograph 4 – Existing shed from Cotter Drive

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Photograph 5 -Stock stored/ displayed on driveway area Note: All photographs sourced from GRC except Photograph 1 which was sourced from Murray & Associates.

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Proposal Plans

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2.0 STATUTORY REQUIREMENTS 2.1 Zone, definition and level of assessment. The site is zoned as Industrial in the Tiaro Planning Scheme. The proposed use is defined as ‘Commercial Facilities’ as it involves the retail sale of goods. A Material Change of Use for Commercial Facilities is Impact Assessable under the provisions of the Planning Scheme and therefore subject to public notification. The application is assessable against the entire planning scheme. Commercial Facilities are not specified as either a Consistent or Inconsistent use in the Industry Zone. The nature of the use (Hardware Store as outlined in section 1.2) is considered consistent with the intention of the Industry Zone.

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2.2 Planning Scheme Assessment The most appropriate codes within the 2005 Tiaro Shire Planning Scheme have been outlined below. Any non-compliance is noted and a planning comment is provided. Industry Zone Code Non Compliance – Nil Comment: The proposed Hardware Store is within an existing shed. In this context, compliance with the Industry Zone Code is achieved.

Commercial Facilities Code Non Compliance: SO (b): The application does not comply with minimum car parking spaces requirements. Based on the proposed GFA, 18.92 (19) carparks should be provided. The proposal nominates 10 car parks for employees and customers. Comment: The application does not comply with the Planning Scheme with regards to carparking. Justification for the non-compliance is provided in the applicant’s Town Planning Report:

…(19 carparks) seems excessive for the proposed use. In this regard, the hardware store is not expected to generate more than 5 to 7 customers on the site at any one point…

The reduced car parking amount (10 carparks) is considered acceptable as there are large hardstand areas already provided on the site which can be easily linemarked if parking demand substantially increases. Furthermore, site visits confirm that the applicant’s estimate regarding patronage is probably accurate and that the provision of 10 marked car spaces will be adequate. The formalisation and linemarking of the existing arrangement will improve the current situation. General Development Code Non Compliance: SO (a) (ii): Water and sewerage is not supplied to the site. SO (d): The proposal does not comply with number of minimum car parking spaces (refer justification above). SO (e) (vi): Car parking area to landscaped with a 2.0m wide planted and maintained buffer strip along access routes, side, rear boundaries and street frontages. Comment: Connection to the sewer and water network is not achievable and existing on-site effluent disposal and water tanks will continue to service the site.

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The use is to be conducted in an existing shed which is setback over 15m from the closest road frontage and set in existing landscaped areas (consisting primarily of mown grass and some garden beds - refer to photographs 1-5). Considering the surrounding land uses, landscape buffer strips to all hardstand areas is not considered a reasonable imposition on the development. It will however, be conditioned that the existing landscaping between the shed and the road frontages remain.

Landscaping & Buffer Code Non Compliance: SO (b) (ii): A minimum of one shade tree should be provided for every 6 car parking spaces. SO (b) (iii): Trees within car parking areas should be protected by raised kerbs, wheel stops or bollards. SO (b) (iv): Trees planted within car parking areas should be provided with a minimum planting area of 1.2m2, with a minimum topsoil depth on 0.2m Comment: Refer to comment regarding landscaping to hardstand areas above. In the context that the hardstand areas are already established as part of a current approved use (Fuel Depot), no additional landscaping is proposed to the existing hardstand area. It is noted that existing landscaping to the road frontages will be conditioned to remain. Natural Features and Resources Overlay Code Non Compliance – Nil Comment: The proposed Hardware Store is within an existing shed. In this context, compliance with the Natural Features and Resources Overlay Code is achieved. 3.0 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act and no submissions were received. 4.0 CONCLUSION The application proposes a Hardware Store in the Industry Zone which is considered compatible with both the intent of the Industry Zone, and the established industrial uses on the site. A reduction in carparking is considered acceptable in the context of the proposed use, and the existing arrangements.

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P06/09/11 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that Council, as Assessment Manager, APPROVE Development Application (2011-0193) for Material Change of Use (Commercial Facility – Hardware Store) – 31 Scrub Road Gunalda (part of Lot 3 on RP 228940) subject to the following conditions: Conditions to be Satisfied Prior to Commencement of the Use 1. Provide at least 10 off-street car parking spaces (including

access and manoeuvring areas). 2. Access to the proposed use is to be constructed in

accordance with the requirements of Council’s Standard Drawing No R-15.

3. Any filling or other development works undertaken on the site

shall be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

4. Car parking and access areas shall be sealed pavement and

designed, drained and constructed in accordance with Council’s Commercial Facilities Code.

5. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

6. The number and type of refuse containers provided on site is

to be determined in accordance with Council’s Rating Policy. Preliminary calculations indicate the following estimated

waste removal requirements:

Waste - (approximately 420 L per week) - 1 x 240 L domestic bin & 1 x 240 L commercial bin per week; and Recyclables - (approximately 240 L per week) - At least 2 x 240L recycling wheelie bins per fortnight or equivalent. The above requirements are estimates only and are based on currently available waste generation data. Actual waste removal requirements may differ.

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7. A contribution is to be paid toward road improvements as a

result of the increased traffic generated by this development. The amount is currently assessed at $3 470, however will be indexed annually on 1 July in accordance with CPI.

8. A plan of the existing landscaping, to be retained by condition

11, is to be submitted to and endorsed by Council. General Condition Relevant to the Ongoing Operation of the Use 9. The development shall be generally in accordance with the

plan/s submitted with the application (Plan No/s. 41239 drawn by Murray and Associates and dated 23/02/11).

10. Existing landscaped areas between the shed approved for a

Hardware Store and the Cotter Drive and Scrub Road frontages is to be retained and maintained.

11. Loading/unloading operations shall be conducted within the

site and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

12. Approved refuse containers are to be kept in an imperviously

paved area with a suitable screen. 13. Servicing of refuse containers is to be at a location approved

by Council’s Chief Executive Officer.

Carried.

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2/4 2010-1362 – Request to Change an Existing Approval - Material Change of Use – Low Impact Industry (Storage Shed for Four (4) School Buses) – 27 Dan Meurant Drive, Curra – JJ & KA Barton

FILE NO: P07/09/11 2010-1362 APPLICANT: JJ & KA Barton LANDOWNER: JJ & KA Barton RPD: Lot 41 RP882416 SITE ADDRESS: 27 Dan Meurant Drive, Curra CURRENT USE OF LAND: Dwelling, outbuilding and dam. PROPOSAL: Request to Change an Existing

Approval - Low Impact Industry – Storage Shed for four (4) School Buses

ZONE: Rural Residential PLANNING AREA: Tiaro

KEY POINT SUMMARY Existing approval is for low impact industry for a storage shed for

four (4) school buses; Approved by Council at Planning and Development Committee

Meeting 4 May 2011;

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Request increase in height of approved shed from 4m height to 6m height;

Maximum building height in the Rural Residential Zone is 8m; Recommended that the request to change approval be

APPROVED.

EXISTING SHED PLANS

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PROPOSED SHED PLANS Report: (Planning Officer – L.M. Farrelly) Introduction Council issued an approval at a Planning and Development Committee Meeting (4 May 2011) for the use of a rural residential property in Curra for a bus depot to store four (4) school buses. The original application was for an Impact Assessable Material Change of Use (MCU) for Low Impact Industry.

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Proposal Dimensions of the currently approved shed are 16m (wide) x 15m (long) x 4m (high). The request to change seeks to increase the height of the approved bus storage shed from 4m to 6m. The increase in height is to accommodate structural engineering revisions to the shed design (the inclusion of knee braces) in order to achieve an internal clearance of 3.7 meters in height. This clearance is required to accommodate the buses (as approved). Tiaro Planning Scheme Acceptable solution (c) (i) of section 4.8 Specific Outcomes and Probable Solutions for the Rural Zone in the Tiaro Planning Scheme nominates a maximum allowable building height of 8m. The land use has already been approved, and issues identified in the original MCU primarily related to the location of the land use, amenity and traffic generation. A minor increase in the shed height (within the maximum building height) is not considered to represent any significant impact. Council Staff Comment – Planning Officer – (L.M. Farrelly)

Condition 18 be amended from:

The approved bus storage shed is to have a maximum height of 4 meters.

to

The approved bus storage shed is to have a maximum height of 6 meters.

The resubmitted proposal plans depicting natural ground level and a maximum height of 6m should also be endorsed.

P07/09/11 Moved: Cr L.J. Friske Seconded: Cr D.R. Neilson

Recommend that Council, as Assessment Manager, APPROVE the Request to Change Existing Approval, amend Condition 18 and endorse the revised Proposal Plans.

Carried.

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SECTION 3: RECONFIGURING A LOT APPLICATIONS

3/1 2011-0534 - Reconfiguring a Lot - Subdivision to Create Two (2) lots from One (1) Lot - 53 Upper Widgee Road, Widgee - Ahern James Naismith

FILE: P08/09/11 2011-0534 APPLICANT: Ahern James Naismith Pty Ltd LANDOWNER: Hayden M Payne & Ian N Payne RPD: Lot 52 on RP181953 SITE: 53 Upper Widgee Road, Widgee PROPOSAL: Reconfiguring a Lot – Subdivision

to create two (2) lots from one (1) lot

PLANNING SCHEME: Kilkivan PLANNING AREA: Rural Residential LEVEL OF ASSESSMENT: Impact (within 200m of land shown

on SMOA map 2D - GQAL) SITE AREA: 40 720m2 (4.072 Ha)

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KEY POINT SUMMARY

The application is for Reconfiguring a Lot to create two (2) lots from one (1) lot;

The proposed lots are 1.2Ha and 2.872 Ha in area, which comply with the minimum lot size (1Ha);

The subject application is Impact Assessable because it contains Good Quality Agricultural Land, however, the opportunities for agricultural pursuits are limited in the context of site area and surrounding land uses;

One (1) properly made submission (objection) was received, all issues raised can be mitigated;

The proposal is recommended to be approved. Report: (Planning Officer – L. M. Farrelly) 1.0 THE PROPOSAL While potentially Code Assessable (and therefore able to be decided under delegated authority), the subject application is elevated to Impact Assessable because the site is partially mapped as containing Good Quality Agricultural Land. However, site context (land area, zoning, surrounding land uses, property values etc.) diminishes the ability of the land to be used for any meaningful agricultural pursuits. The subject site is located at 53 Upper Widgee Road, Widgee. The site is described as Lot 52 on RP 181953. The site is directly opposite the Widgee sportsgrounds and is about 400m west of the Widgee General Store. The application is assessable against the Kilkivan Planning Scheme and is located in the Rural Residential locality. The purpose of the subdivision is to create one additional lot to facilitate an additional dwelling. The development is consistent with the surrounding land uses. Lot size and frontage is compliant with the planning scheme and is compatible with established lot sizes in the locality. On-site effluent disposal will be established. A compliant Reconfiguration arrangement is proposed by the applicant. The matter is reported to Council because a submission was received during the notification period.

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2.0 PUBLIC NOTIFICATION The application was advertised for public comment in accordance with the requirements of the Sustainable Planning Act 2009. One (1) submission was made by an adjoining landowner (the immediately eastern allotment).

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2.1 Grounds for Submission Several issues were raised in the submission as follows: Submitter issue Staff comments Not enough information provided regarding proposed housing type and location of dwelling. This raises issues with privacy etc.

Any dwelling built on the allotment will have to comply with all standard minimum setbacks. It is anticipated that the proposed lot will facilitate the construction of a single detached dwelling. This is considered compatible with surrounding land uses and will be subject to a further building approval.

Concern that the proposal plans seem to nominate a further subdivision for 6 residential lots

It is noted that the Proposal Plans are somewhat misleading in this regard. The subject application is only for 2 lots (1 additional lot). Any further subdivision will be subject to a new development application.

Concern that effluent disposal may enter the creek, particularly with 6 new lots

Only 2 lots are proposed. The proposed lots are of an appropriate size to facilitate on-site effluent disposal.

Concern that the proposed new lot will not be able to sustain itself with a water supply (and pumping from the Widgee Creek will be required)

Appropriate measures will be incorporated into subsequent building approvals to ensure a suitable water supply (e.g. rainwater tanks).

Concern koala trees will be removed

Approval of the proposed reconfiguration will not facilitate any substantial land clearing.

General comment – It would appear the submitter is understandably unclear regarding the exact scale of the application. While only one additional lot is proposed, ‘shadow’ lines are included on the proposed Reconfiguration plan that depict the creation of a further 6 lots. It is noted that the subject application is only to create one (1) additional lot, and any further subdivision will be subject to a new Reconfiguration of a Lot Application.

3.0 CONCLUSION The proposal complies with Council’s Planning Scheme requirements and it is recommended that the application be approved.

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P08/09/11 Moved: Cr L.J. Friske Seconded: Cr D.R. Neilson

Recommend that Council, as Assessment Manager, APPROVE development application (2011-0534) for Reconfiguring a Lot – Subdivision to Create Two (2) Lots from One (1) Existing Title subject to the following conditions: Assessment Manager’s Conditions Section 1 - Conditions To Be Satisfied Prior to Council Signing and Sealing the Plan of Survey

1. The development shall be generally in accordance with the

plan submitted with the application (Plan No 3215 Prop A drawn by Ahern James Naismith and dated 11/10/2010).

2. All outstanding rates or charges levied by Council or

expenses that are a charge over the subject land under any Act are to be paid.

3. Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount

Parks per lot $107 TOTAL $107

but will be subject to indexation annually on 1 July.

4. Access to the proposed lot is to be constructed in

accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-15

5. Access to each lot shall have a minimum visibility of 115

metres in each direction to the satisfaction of Council’s Chief Executive Officer.

6. All lots are to be permanently numbered with reflective

numbers on posts to the satisfaction of Council’s Chief Executive Officer.

7. The whole of the subject land including all approved lots is to

be treated for declared plants to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

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8. An agreement is to be entered into with the relevant distribution entity to provide electricity to the approved vacant lot without any financial encumbrance on future owners of this lot.

9. Identification markers are to be placed within 1 metre of

survey pegs at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

10. Undertake at no cost to Council, the alteration of any public

utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

11. The applicant shall make suitable arrangements for the

provision of an underground telephone service to the proposed new vacant allotments within the subdivision. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

12. Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

Notes

1) In carrying out your activity you must take all reasonable and practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au

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2) That the applicant be advised to carefully consider the siting of any proposed dwelling on proposed lot 52, having regard to the nature of the activity on the adjacent sports ground.

Carried.

Mr C. Cooper (I3 Consulting) and Mr D. Jordison (Melco Mitre 10) entered the meeting at 9.30 a.m. and gave a verbal presentation to Council relative to 3 Langton Road, Monkland.

Ms T. Stenholm left the meeting at 9.27 a.m.

Mr C. Cooper and Mr D. Jordison left the meeting at 9.47 a.m.

ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 9.47 a.m. RESUMPTION OF MEETING The meeting resumed at 10.05 a.m.

Representatives from the BRAG Group entered the meeting at 10.05 a.m.

COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee” to discuss a Development Application;

P09/09/11 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker That pursuant to the provisions of Section 72 of the Local Government

(Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider a Development Application.

Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

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COUNCIL OUT OF COMMITTEE P10/09/11 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman That proceedings be resumed in Open Council.

Carried. Representatives from the BRAG Group left the meeting at 10.49 a.m.

ADJOURNMENT OF MEETING The meeting adjourned at 10.50 a.m. for On-Site Inspection – Tagaigan

Road, Goomboorian followed by Lunch. RESUMPTION OF MEETING The meeting resumed at 12.30 a.m. PRESENT: Crs J. Watt (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske,

R.A. Gâté, D.R. Neilson, A.J. Perrett & J.A. Walker Also in attendance were Mr M. Hartley (Director of Planning &

Development), and Ms S. Green (Minutes Secretary).

SUSPENSION OF STANDING ORDERS P11/09/11 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker

That Council suspend standing orders and Section 2 Item 2/2 be dealt with at this stage in the meeting.

Carried.

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2/2 2010-1348 - Material Change of Use - Food or Entertainment Venue (Function Venue) – 149 Tagigan Road, Goomboorian – B. Newman

FILE: P12/09/11 2010-1348 APPLICANT: B. Newman LANDOWNER: W. T. Newman & D. J. Newman. RPD: Lot 11 176910 SITE: 149 Tagigan Road, Goomboorian PROPOSAL: Material Change of Use – Food or

Entertainment Venue (Function Venue)

EXISTING ZONE: Rural PLANNING AREA: Rural LEVEL OF ASSESSMENT: Impact Assessable

KEY POINT SUMMARY Material Change of Use application for a Function Venue; Previously report to Council’s Planning and Development

Committee on 17 August, where it was resolved to refer the matter to the next Meeting pending an inspection by all the Councillors;

Site zoned Rural, adjoining entirely rural land; No referral agencies applicable to the application; Several submissions were received including a proforma letter

which was signed by 21 people and a submission drafted by a Consultant on behalf of two (2) parties;

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Main issues raised by submissions included noise impact, traffic increases, existing condition of Tagigan Road and compromise to existing rural amenity of the locality;

The impacts posed by the development are considered able to be minimised through the imposition of conditions;

Recommended for approval. Report: (Manager Development and Compliance – T.M. Stenholm)

1.0 INTRODUCTION This application was previously reported to Council’s Planning and Development committee Meeting on 17 august where it was resolved vide minute P17/08/11 to: ‘Recommend that the application be referred to the next Planning and Development Committee Meeting for consideration. Further that Councillors inspect the site prior to the meeting.’ 2.0 PREVIOUS REPORT A copy of the previous report follows. Report: (Manager Development and Compliance – T.M. Stenholm)

1.0 INTRODUCTION

1.1 The Proposal

This application is for a Material Change of Use for a Food or Entertainment Venue on land zoned Rural. The proposed development consists of a single storey building with a gross floor area of 468m2 and is intended to operate ‘primarily as a restaurant with the ability to hold functions on the site’. Proposed operating hours are:

Lunch (10am – 4pm) – 7 days a week Dinner (5pm – midnight) – Friday – Sunday; and Functions (specialising in weddings) – as required.

The proposed building has been designed to accommodate a maximum of one hundred (100) persons at any one time. It is proposed to provide parking for twenty six (26) vehicles on a compacted gravel area. Access to the site will be from a new single entry point off Tagigan Road.

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The site is identified on the following map as being zoned Rural:

The site is identified on the following Overlay Maps:

OM4 Conservation Significant (Local Eco Value Area) OM8 Good Quality Agricultural Land (Class A & B)

Subject Site Tin Can Bay Road

Goomborian Service Station Sit

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1.2 Site Description

The subject site is situated on the eastern side of Tagigan Road, Goomboorian and is described as Lot 11 on RP176910. The site contains an area of 12.14 hectares and is approximately 1.4km from the intersection with Tin Can Bay Road. It contains a dwelling house and is also used for grazing cattle. The land slopes slightly to the east and has a shallow gully in the south east corner of the site. 1.3 Surrounding Land Uses

All nearby land uses are zoned rural, with the predominating land use being for farming uses. Within a 1km radius from the development site there are 26 properties including 23 dwelling houses, some farming and cropping uses. 2.0 PLANNING SCHEME REQUIREMENTS This proposal is for a Food or Entertainment Venue. The application is impact assessable development, and therefore subject to public notification. As this proposal is Impact Assessable development it is subject to assessment against the entire 2005 Cooloola Shire Planning Scheme. The most relevant codes to the development are identified and addressed following.

Subject Site

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2.1 Rural Planning Area Code Inconsistent Uses The development is impact assessable therefore neither a consistent or inconsistent use in the Rural Zone of the Rural Planning Area. Effects of Use The main issues raised for the proposed development are noise emissions and traffic impacts. Noise Emissions: The proposed development is for a function venue which nominates a function room, dining area and bar. No formal noise assessment was provided with the application, with the application indicating the standards prescribed in the Environmental Protection (Noise) Policy intended to be met. Specific Outcome 3 of the Rural Planning Area (Rural Zone) Code specifies that “uses are located and designed to avoid significant adverse changes to the acoustic environment of adjoining and surrounding premises”. Probable Solution 3 suggests that “the maximum noise emission from the use meets the standards prescribed in the Environment Protection (Noise) Policy 1997.” Any approval is considered able to be conditioned to ensure compliance with the Environmental Protection (Noise) Policy. Such conditions should include: - limiting hours and days of operation; - excluding amplified voices/music external to the building; and - prohibiting any audible noise from the development on surrounding

properties after 7:00pm. These limitations are considered reasonable and enforceable by Council. In considering these restrictions, the noise impact alone of functions catering for 100 people potentially every Friday and Saturday night should not be underestimated. Additionally, the development is proposed in an intact rural setting and needs to respect the existing amenity of the area. Traffic: Specific Outcome 5 of the Rural Planning Area (Rural Zone) Code specifies that “uses are located and designed to avoid significant adverse changes to the traffic conditions experienced by occupants of adjoining and surrounding premises”. Tagigan Road, leading to and fronting the proposed development varies in width from two lane bitumen from Tin Can Bay Road to just east of Tinana Creek, to single lane bitumen (3.6-4.5 metres wide) for the remainder to Kin Kin Road. The average daily traffic for Tagigan Road in the vicinity of the development is 224 vehicles per day, with the average traffic from the proposed development is expected to be 13 vehicles per day.

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Given most functions will be held on the weekend, this could potentially be in the vicinity of 40 – 50 vehicles, or 80 – 100 trips each Friday and Saturday night. With this additional impact on the local road network it is considered reasonable to levy a road contribution towards road upgrading. An appropriate contribution is calculated and included in the design department advice following. Provision and Effects of Works Being single storey, the proposed building complies with maximum height requirements. 2.2 Erosion and Sediment Control Code No conflict is raised with the code given the only works required to facilitate the use will be for the access driveway and carparking area and building work. 2.3 Infrastructure Works Code Tagigan Road, being the lead-in road to the development is sealed and is used primarily by vehicles associated with rural uses in the locality and the above proposed use will introduce an increased flow of traffic to the site throughout the week ranging from small vehicles to service vehicles as well as possibly large buses transporting groups of patrons for functions. The applicant anticipates the proposed use will have between 275 to 300 patrons and 90 vehicles visiting the site per week. The standard of Tagigan Road is considered sufficient to service the development, however a road contribution towards future upgrading is considered reasonable. The development will need to make arrangements for on-site sewage treatment and a potable water supply for patrons. 2.4 Landscaping Code The Code does not contain any specific provisions for the type of use proposed in a rural setting. Submissions received indicate that insufficient vegetation exists on the site to screen the development from adjoining landowners. The features of the site and the proximity of the closest residence to the proposed development can be seen on the below photography submitted by Martoo Consulting on behalf on landowners from 207 and 168 Tagigan Road.

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The proposed development will be more than 120 metres south from Lot 2 RP221271 but will have direct view to the building. For the benefit of the function venue and the adjoining resident it is considered reasonable to impose a condition requiring landscaped screening between the two (2) uses.

Proposed location of Function Venue.

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Mature trees exist along the road frontage of the development site and no other landscaping is considered necessary. 2.5 Vehicle Parking and Access Code The parking requirements for a food or entertainment venue involving the sale of food are 5.5 spaces per 100m2 of Gross Floor Area (GFA). The applicant proposes 26 car parking spaces which complies with this requirement. The car parking area should be suitably formed and the spaces designated. Sufficient land area is available to accommodate any required overflow car parking within the development site. Compacted gravel has been proposed for the access road and car parking areas which have been identified to the south of the site and is considered acceptable given the location of the site. Loading and unloading into the building will likely occur in the space designated for coach access. 2.6 Conservation Significant Areas Code Approximately 4 000m2 (3.25% of the total site) is identified as local ecosystem value area on the north-west boundary of the site. The proposed development will be over 165 metres from this area and not considered to have any adverse impacts. Therefore, it is not considered necessary to require any conditions for a proposal of this nature to protect the local ecosystem or koala habitat. 2.7 Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site is covered by Class A and Class B GQAL, however given the nature, scale and intensity of the proposal, GQAL on the site will not be compromised. 3.0 OTHER PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The application indicates the development’s target market to be tourists travelling through the area from Noosa to Fraser Coast, nearby residents and for the broader Gympie area for weddings and other functions. Whilst not at a location immediately obvious as being suited to dining/functions, the proposal is not considered inappropriate. The siting of the proposed building has a pleasant outlook over a dam and natural forest area, and aside from a dwelling immediately adjacent to the property, will be otherwise unapparent.

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3.2 Vegetation Minimal vegetation will be cleared to facilitate the development given it is proposed in a cleared paddock currently used for cattle grazing.

4.0 CONSULTATION 4.1 Internal (a) Design Department Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the report (dated August 2010) submitted by KHA Development Managers to develop a food or entertainment venue (function venue) at 146 Tagigan Road, Goomboorian. TRAFFIC The traffic generation rates nominated in the consultant’s report appear to be conservative, however, considering no reduction has been applied for potential bus/coach use, the daily average of 13 vehicles per day is accepted. As with other developments in the Rural zone, the Rural Residential contribution rate of $11,757 per additional lot (or 10 vte’s) has been used as a basis to recommend an appropriate amount. This equates to a contribution amount of $30,568 (ie [$11,75710] x 26) being applied. LEAD-IN / FRONTAGE ROAD Tagigan Road, leading to and fronting the proposed development varies in width from two lane bitumen from Tin Can Bay Road to just east of Tinana Creek, to single lane bitumen (3.6-4.5 metres wide) for the remainder to Kin Kin Road. Given the average daily traffic for Tagigan Road in the vicinity of the development is 224 vehicles per day, the traffic from the proposed development, ie 13 vehicles, will not impact greatly on the overall usage of the road. ACCESS / PARKING Considering the commercial nature of the development, the access from Tagigan Road should have a minimum width of 7.0 metres with R10 radius in lieu of the 3.0 metres as required by Council Standard Drawing No. R-15. To reduce shoulder wear at the access point, sealed shoulder widening should be required at the access to Tagigan Road to create a lane width of 4 metres (ie half width of the future design width of 8 metres) and tapered to join the existing bitumen seal. Given the rural location of the development Council may consider dust reduced gravel is adequate for the internal driveway and parking areas. STORMWATER DRAINAGE / FLOODING Neither issue will have an impact on the development.

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WATER SUPPLY Water supply to the development will be required to meet the requirements of the Health Department. EFFLUENT DISPOSAL A complete geotechnical report will be required to be carried out at the design stage of the effluent system to determine whether the system is greater than 21 equivalent persons and, if so, further approval for an Environmentally Relevant Activity will be required to be obtained from the Department of Environment and Resource Management. OTHER Any upgrading costs to power or communication services will be required to be met by the applicant. SUBMISSIONS Submissions were received in the form of a petition letter signed by 21 people and a letter from a consultant representing two (2) parties. Engineering concerns raised related to the existing condition of Tagigan Road and the impact the additional traffic would have on the road. These issues have been addressed in the report. (b) Health & Environmental Services Department Conditions have been provided for any approval of the development issued. 4.2 External (a) Public Notification The application was advertised in accordance with the requirements of the Sustainable Planning Act. Several submissions were received including a proforma letter which was signed by 21 people and a submission drafted by a Consultant on behalf of two (2) parties. Grounds for Submission Submitter issue Staff Comments Noise: “The expected noise levels resulting from the proposed use if approved will detract from the existing quiet rural amenity of the immediate locality. In particular noise from the use of the function venue in evenings (after dark), on Saturdays and Sunday, and on public holidays, is outside the hours of normal activity on surrounding rural lots which is typically during daylight hours only.”

Discussion has been included in the report regarding noise. It is agreed that regular evening noise would be inappropriate at this location and would compromise the existing rural amenity. Restricting operating conditions are recommended to be imposed on any approval to alleviate this impact.

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Traffic: “The level of traffic generation expected from the proposed use is in considerable excess to the existing volume of traffic along Tagigan Road and will contribute to the level of noise associated with the proposed use from traffic travelling on Tagigan Road, entering and exiting the site, and maneouvering around car park on the site. It is noted with function venues commonly have peak patronage and there is concern about traffic safety along Tagigan Road during such periods.”

The additional traffic onto Tagigan Road posed by the development is not considered large based on current road usage data.

Existing condition of Tagigan Road: “The traffic generated from the proposed use will only contribute to the further degradation of Tagigan Road at an increased rate. Tagigan Road is presently used primarily by vehicles associated with rural uses in the locality and the above proposed use will introduce an increased flow of traffic to its site throughout the week ranging from small vehicles to service vehicles as well as possibly large buses transporting groups of patrons for functions. The sealed pavement and its gravel shoulders of the existing roadway is not wide enough for even small vehicles to pass one another without having to veer partially off the sealed roadway onto the gravel shoulders. With large buses travelling the road it is expected that oncoming traffic will now have to completely leave the sealed pavement in order for the buses to pass. The existing bitumen roadway and associated gravel shoulders should be widened to form a standard two lane road collector road from its intersection with Tin Can Bay Road as a result of the proposal if approved.”

Based on the additional traffic to be generated Tagigan Road is considered to be a satisfactory standard. Regardless, a road contribution of $30 568 is recommended to be levied towards future upgrading of this road.

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Existing rural amenity of locality: “The existing rural amenity of the locality is one of the attractions to this area for us as residents and those actively involved in rural land uses. We aim to preserve this existing rural amenity and deter the introduction of commercial type uses amongst our rural and rural residential lots, particularly in this location. We consider that the proposed use will not be compatible with adjoining rural and rural residential uses and will adversely affect the existing rural amenity of the area, and as such a proposal may be better situated alongside Tin Can Bay Road or other main roads rather than on the subject site.”

It is agreed that measures should be imposed to preserve the rural amenity of the area and such measures have been included in the recommendation.

Scale and intensity of proposed development: “Given that the current population of Goomboorian is approximately 680 and that land uses in the locality comprise largely of rural uses, the submitter considers that the provision of a function venue on a rural lot, on a rural road, in a rural community, of the scale and intensity described above is not responsive to the function of the locality. The obvious site specific constraints with respect to the proposed development are the topography of the site and adjoining properties, and the partial existing landscaping of mature trees along the road boundary and northern boundary of the site only. The submitter does not consider that the scale and intensity of the proposed development is responsive to the site constraints either, because of the location of the proposed building in the centre of the site where there is only a scattering of mature trees, and residences on adjoining properties are located either above or below the proposed building with no effective screening in existence.

The development site is only 1.6 kilometres from Tagigan Road’s intersection with Tin Can Bay Road. The proposed 480m2 building on the 12.14 Ha site is not considered to be an inappropriate scale. At this location, a function venue/restaurant is not expected to generate high demand.

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These features of the site and the proximity of the closest residence to the proposed development can be seen on the attached photos of the site.” Services & Employment Opportunities: “The submitter considers that the Town Planning Report has not established a need for services or employment opportunities within the locality, or established how the development will aim to satisfy such needs. With regard to employment opportunities, the Town Planning Report refers to both local employment opportunities and short-term employment during the construction phase. There has been no suggestion in the Town Planning Report that there are in fact local contractors available for the construction works, or that the applicant intends to use local contractors if they are available. Furthermore, it is not stated in the Town Planning Report how many employees will be required in addition to the owner/operator. It is also to be noted that the general locality is already serviced by a successful and well established function type facility, being the Silky Oak Teagardens (sic).”

It is not possible to impose a condition which restricts the constructors of the site and the employment of the staff to those in the local community.

Negative social, environmental or economic impacts: “The submitter considers that the Town Planning Report has not established that the proposed development WILL NOT result in any negative impacts. From the outset, it is likely that the function venue will create negative social impacts to the occupants of surrounding properties and this will be the first of such commercial type uses on a rural lot in the immediate area.”

It is not completely understood what negative social impacts the submitters are referring to other than amenity.

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Operating Hours: “The submitter considers that given the likely impact of the function venue on adjoining properties (i.e. from noise and traffic), that the hours of operation of the function venue (if approved) will be the major mitigating factor, and that the use intends to operate 7 days a week, the hours of operation on weekends and public holidays needs to be: specified in the proposal so that the level of impact can be more accurately determined; and limited in any development approval so that any potential impact can be minimized.”

Restricting conditions are recommended to be imposed to minimise impacts on the surrounding area.

Screened Landscaping: “The submitter does not consider that existing landscaping on the site will act as an effective screen for the car park and building. As stated above, only partial screen landscaping of mature trees along the road boundary and northern boundary of the site exists which is not effective in screening the proposed development from the closest residences on adjoining properties to the east and south which includes my residence.”

The imposition of landscaped screening on the south-eastern side of the proposed building is considered relevant.

Orientation of the development: “It is acknowledged that the proposed building and car park has been sited approximately in the centre of the site, that the car parking and access area is located on the road side of the building, and that one orientation of the building faces the farming land to the north. However considering the nature of the use as a function venue, the open plan layout of the building, and the rural setting of the proposed use, it appears that the building will utilise all four orientations as well as the immediate outdoor area. Therefore it is relevant that the topography of the site and the lack of screen landscaping will not be a mitigating factor in terms of noise impact from the proposed use as it is expected that noise will carry to residences on adjoining land in all directions.”

Noise is proposed to be controlled through conditions.

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Siting and construction of the building: “As stated above, it is acknowledged that the building is sited approximately in the centre of the site with the intention of minimising the impact of the development on adjoining properties, however the close proximity of the closest residences on adjoining properties to the east, south, and west across Tagigan Road and the lack of effective screening of potential noise from the proposed use mean that it is likely that noise from the proposed use will be heard at these residences in spite of the siting of the building. It is noted that the building is proposed to be constructed in accordance with AS3671-1989 "Acoustics road traffic noise intrusion buildings siting and construction" however this will not eliminate the potential to result in negative noise impacts as stated in the Town Planning Report because the likely contributors to noise nuisance are emissions external to the buildings such as traffic entering and exiting the site, noise generated by patrons in the car park area, noise from patrons utilising the immediate outdoor area surrounding the building, and noise from loud music, speeches, etc from within the building when doors and windows are open.”

Noise impacts have been previously discussed.

Estimates of traffic generation: “Based on the estimates of traffic generation from the proposed use provided in the Town Planning Report, 90 vehicles are expected to visit the site per week which amounts to 180 trips per week. It is suggested that a land use of the size and nature proposed in this application would normally be expected to generate more trips than nominated in the report if the number was to include staff as well as service deliveries. Notwithstanding that,

Engineering advice received indicates Tagigan Road to be of a suitable standard for the likely traffic to be generated from the development and no upgrading has been recommended.

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the number quoted is a considerable increase in the traffic along Tagigan Road given that existing traffic along this road consists mainly of rural traffic associated with the farming activities in the locality. The submitter notes that the sealed width of Tagigan Road is approximately 5 metres wide or less and that condition of the road is consistently degrading. Furthermore, the submitter is aware of a number of vehicles accidents along Tagigan Road in recent times and questions the capability of the road to withstand the expected additional traffic generated by the use which will include large buses transporting groups of patrons for functions.” Draft Wide Bay Burnett Regional Plan: “The Town Planning Report refers to the designation of the site under the South East Queensland Regional Plan as within the 'Urban Footprint' designation. We note that the site is actually within the Wide Bay Burnett region and accordingly the Draft Wide Bay Burnett Regional Plan 2009 was the relevant regional plan applicable at the time of lodgement of the application. Under this regional plan the site is categorised as within the Regional Landscape and Rural Production Area.”

It is acknowledged that the Consultant addressed the South East Queensland Regional Plan and not the Draft Wide Bay Burnett Regional Plan. The Draft Wide Bay Burnett Regional Plan, however, does not prohibit a Function Venue use of this scale in the Regional Landscape and Rural Production Area.

Koala Habitat: “The local residents have advised of a notable koala habitat in the immediate locality of the subject site. This advice is supported by information maintained by the Department of Environment and Resource Management under Vegetation Management Act 1999, namely Extract from the essential habitat database—version 3 that identifies the existence of a habitat for koalas, (Phascolarctos cinereus -southeast Queensland bioregion),

No adverse impacts are foreseen given the location of vegetation in relation to the proposed building.

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in relevant open forest and woodland surrounding the subject site. The submitters are concerned that given the nature of the proposed use and its operation, there is the potential for an approval of the development application to detrimentally impact on the local koala population.”

5.0 CONCLUSION This proposal is for a Function Venue, which is made impact assessable by the planning scheme in the Rural Zone. Main issues raised included noise, traffic, existing condition of Tagigan Road and the existing rural amenity of the locality. It is considered that all of these issues can be managed by conditions detailed in the recommendation and as explained in the report. The application is therefore recommended for Approval, subject to conditions.’ 3.0 CONCLUSION The original recommendation is included for Council’s consideration.

P12/09/11 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that Council, as Assessment Manager, REFUSE development application (2010-1348) for a Material Change of Use – Food or Entertainment Venue (Function Venue) over Lot 11 RP176910 located at 149 Tagigan Road, Goomboorian based on the following grounds : 1. The proposal conflicts with the planning scheme and there are

not sufficient planning grounds to warrant approval of the application despite the conflict ; and

2. The proposal will adversely affect the existing and likely future

rural amenity of this area, having regard to increased noise, visual impact and increased traffic.

Carried.

WITHDRAWN MINUTE G12/09/11 REFERS

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3/2 2010-1730 – Reconfiguring a Lot – Subdivision to Create 19 Additional Lots and Boundary Realignment – 600 Bruce Highway, Chatsworth – Roberts Bros Pty Ltd

FILE NO: P13/09/11 2010-1730 APPLICANT: Roberts Bros Pty Ltd RPD: Lots 63 SP233347, 372 MCH 4667 and

118 CP855383 SITE ADDRESS: 600 Bruce Highway, Chatsworth CURRENT USE OF LAND: Rural PROPOSAL: Reconfiguring a Lot – Subdivision to

Create 19 Additional Lots and Boundary Realignment

PLANNING SCHEME: Cooloola Shire Planning Scheme 2005 ZONE: Rural DWWBSPRP: Rural Living LEVEL OF ASSESSMENT: Code

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION This application seeks Council’s approval for a reconfiguration of land to allow a 20 lot (19 additional lots) rural residential subdivision at 600 Bruce Highway, Chatsworth.

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1.1 Site Description The site is on the Bruce Highway, Chatsworth, 300 metres south-east of its intersection with Rammutt Road and just over 8 kilometres by road to the Gympie central business district. The majority of the site has been previously cleared. The topography is undulating with varying slopes and the site contains some low lying areas. An existing dwelling is to be contained within proposed lot 81. 1.2 The Proposal The proposal is essentially for an additional stage of a previously approved rural residential development at Chatsworth. Application was made for reconfiguring a lot to subdivide and also a boundary realignment that alters some of the approved allotment areas in the earlier development. A request to change the adjoining subdivision (approved under DA15764 – Chatsworth Property Trust) was also submitted and results in some lot area reductions below 6 000m2. Details of the subdivision include: Lot sizes varying from 4875m2 to 1.877ha. Five (5) are rear

allotments with access via easements or access strips. Access to all of the lots is proposed from new road, extending from

the adjoining development approved to the north-west. No park is proposed. The application was supported by: (i) a town planning report; and (ii) a geotechnical assessment dealing with effluent disposal areas The proposed layout is reproduced below.

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1.3 Surrounding Land Uses The subject site and land immediately surrounding it is a mix of grazing and other rural residential developments.

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1.4 Site History Development approval (DA15764) for reconfiguring a lot was approved by Council over the adjoining land in December 2009. This approval was for 59 additional lots in three (3) stages. A copy of the approved plan is below.

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2.0 STATUTORY REQUIREMENTS 2.1 Intent of the Zone The intent of the Rural zone is primarily for rural uses, but it also allocates land for future urban, rural residential or other purposes.

2.2 Draft Wide Bay Burnett State Planning Regulatory Provisions The site is included in the ‘Rural Living’ classification of the DWBBSPRP, therefore the development is consistent with the long term policy direction for the area.

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Rural Living Designation of the DWBBSPRP 2.3 Compliance with the Planning Scheme Provisions for rural residential allotments, and the application’s extent of compliance with them, are included following. It is noted that the assessment is made as if the property is in the Rural Residential zone. Minimum 6000m2 lot size Five (5) of the proposed 20 lots do not meet the minimum lot size requirement as follows: Lot 63 – 5 186m² Lot 64 – 4 875m² Lot 65 – 5 600m2

Lot 80 – 5 459m2

Lot 81 – 5 488m2

Additionally, the boundary realignment and request to change components result in an additional five (5) allotments in the previous development falling below 6 000m2. These lots are on the most elevated section of the land but are not without slope. Grounds submitted by the applicant to support the lots below 6 000m2 include: - the majority of the allotments created throughout the estate

comply with the preferred minimum lot size of 6 000m2;

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- Council has previously agreed to allotments under the preferred minimum;

- rural residential amenity of these lots will not be impacted upon.

One (1) of the smaller lots is now proposed as a rear access lot, and lots 32, 34 and 35 are not ideal lot sizes. Lots 33 and 36 are also corner lots with a higher proportion of frontage and therefore less available building area after the required building setbacks. It is recommended lots 32-38 be amended to result in minimum lots sizes of 6 000m2. New lots 64, at 4 875m2, whilst elevated contains a depression that forms into one of the gullies on the site and has a building area with a 20% slope. It is recommended that lots 63-65 be amended to only result in two (2) lots. Lots 80 and 81, at 5 459m2 and 5 488m2 respectively, are not supported given their reduced amenity adjoining the Bruce Highway and lot 81 being a rear access lot. Minimum rectangle of 40 x 50 metre All can accommodate a 40 x 50 metre rectangle. Minimum road frontage of 50m per allotment Road frontages for proposed lots are mostly 50 metres with the exception of those in the cul-de-sac head, where a lesser standard is considered acceptable given the lot shapes. Building areas having a maximum gradient of 15% Most of the proposed lots comply with this requirement. The steepest lots are those proposed below 6 000m2, which are not supported. 2.4 Local and/or State Planning Policies Mapping in the 2005 Planning Scheme suggests the majority of the site contains Good Quality Agricultural Land (GQAL) – Class A and Class B.

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The site is adjoined by approved rural residential development and is included in the Rural Living designation of the Draft Wide Bay Burnett State Planning Regulatory Provisions. In a priority sense, a decision has been made in the preparation of that Plan to place the land’s values as rural residential land ahead of its values as good quality agricultural land.

3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal and Need The proposal is considered a logical extension of the adjoining approved subdivision and infill development. 3.2 Impact on Amenity The development itself is not considered to result in amenity impacts. However, the location of the site adjoining the Bruce Highway needs to be considered in this regard. As previously indicated, lots 80 and 81 are not supported because of their lot size and proximity to the Bruce Highway and should be amalgamated.

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3.3 Site Access and Traffic Suggestion is made in the engineering report below, that consideration should be given to future road connections over land to the south-east to create a linkage with Fritz Road or Cochrane Road. A condition of approval is recommended requiring the developer to prepare and submit a concept plan for subdivision over adjoining land that achieves this and demonstrated the currently proposed road alignment is suitable. 3.4 Allotment Layout / Staging Plan The applicant has not submitted a staging plan. Five (5) new hatchet shaped lots, being 66, 77, 78, 81 and 82, are proposed with access handles of 100m, 88.6m, 88.6m, 49m and 96.7m respectively. It has previously been recommended that lots 80 and 81 be amalgamated so that will result in a total of four (4) and a likely reduced handle length for lot 82. This is considered acceptable. 3.5 Flooding Despite the site containing a large low-lying area, the site is above the known Q100 inundation line. 3.6 Open Space The applicant does not propose any park. As further consolidation of rural residential development in this locality is not envisaged, the provision of a park is not considered critical. A contribution in accordance with Planning Scheme Policy 6 Park Contributions in lieu of park provision should be conditioned in any approval granted. 3.7 Environmentally Significant Areas No part of the site is covered by a State Regional Ecosystem Map or by the current Planning Scheme’s Conservation Significant Areas – Ecosystem Value Overlay map. Moreover, as the site is largely cleared, it is reasonable to conclude that it does not contain environmentally significant areas. 3.8 Bushfire Management / Protection In the current Planning Scheme, the site is not in a designated Bushfire Hazard Area.

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3.9 Site Contamination The site is not listed on the Environmental Management Register. 3.10 Utilities and Services The site is outside the defined water service and sewerage reticulation areas. Both water and sewer will need to be supplied by on-site systems. The geotechnical report submitted with the application suggests all lots will be required to be serviced by advanced secondary treatment systems. This should be noted on the rates records for each lot in accordance with previous approaches. 3.11 Pathways Pathways are not considered necessary. 3.12 Stormwater See Engineering Report Section 5.1. 4.0 PUBLIC NOTIFICATION Public notification is not required for code assessable applications, however the application was included in Council’s ½ page advertisement in The Gympie Times and as a result no submissions were received. 5.0 CONSULTATION 5.1 Internal Report: (Design Services Civil Engineer – B.J. Garrad) This engineering report is based on the information submitted by Consultants Murray & Associates (QLD) P/L in it’s Planning Report dated October 2010. OVERVIEW RECONFIGURING A LOT BY BOUNDARY REALIGNMENT: No Engineering issues found. REQUEST TO CHANGE AN EXISTING APPROVAL (DA15764) No Engineering issues found.

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RECONFIGURING OF A LOT BY RURAL SUBDIVISION The intent of the proposal is to allow the expansion of the recently approved subdivision of Lots 371, 372 and 374 on MCH4667 onto Lot 118 CP855383. The total number of lots will increase from 63 to 82.

FRONTAGE ROAD The proposed development has frontage to the Bruce Highway, a State controlled road. As a concurrence agency the Department of Transport and Main Roads has assessed the application and conditioned that no access to the development is allowed from the Bruce Highway and that post-development stormwater flows to the State controlled road reserve are no greater than pre-development flows. INTERNAL ROADWAYS The internal roadway is to connect to the road network already approved in the previous stages that connect to Rammutt Road. The design of the previous road sections does not lend itself to the continuation of the road into the new stage because of two “T” intersections that are inappropriate for a through road. The Consultant argues that this design would avoid the through road becoming a “rat run” through the development should the through road become connected to Cochrane or Fritz Road in the future. However, if the road is able to be constructed through to Cochrane Road or Fritz Road in the future it will provide a safer and more appropriate route for local traffic (including School buses and other school traffic) than the Bruce Highway. The design of the new road is curvilinear with a cul-de-sac to access lots towards the Bruce Highway and will end at the boundary between lots 118 CP855383 and 116 CP855383. It is noted that the new road will end without cul-de-sac because it is possible that the road may be continued in the future and additional lots created on Lot 116 CP855383. While the proposed road widths are not specified in the consultant’s report, the width for the through road (the road that connects most directly with Rammutt Road) in stage 1 is 7.5 metres width with kerb and channel. This design was based on rural road widths as per Council’s Standard Drawing R-07 with the addition of kerb and channel. To provide a consistent road environment through the development, the road width for the new through road should also be 7.5 metres with kerb and channel.

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This report relates to the current application but since it is possible that additional lots on Lot 116 CP855383 in the future, the design of the internal roadway for this stage should take into account the possibility of connecting to Cochrane Road or Fritz Road giving the development two entrance/exits and enhancing the connectivity of the development without using connections to the Bruce Highway. The developer’s plans don’t show any such connection to these roads but to avoid planning issues in the future, the applicant should prepare a preliminary design for the next stage to incorporate a possible future connection to Cochrane Road or Fritz Road. ROAD CONTRIBUTION The proposed development is not located within the area included in Council’s Planning Scheme policy 12: Sealed Road Contributions for Designated Rural Residential Areas. However, as the development gains access from Rammutt Road which is listed in the Policy, Council should apply a contribution amount for the additional lots equivalent to the Policy 12 currently set by Council at $11,757 per lot. WATER SUPPLY The development is outside the water reticulation area but each lot are to be supplied with tanks with a minimum capacity of 45,000 litres.

EFFLUENT DISPOSAL The preliminary effluent disposal report recommends that all lots are to be serviced by an advanced secondary effluent treatment system. FLOODING The topography of the site is from flat to undulating with maximum slopes of 20% in the northern part of the site. The level of the site is between 70 and 92 metres AHD and therefore above the influence of flooding from the Mary River. The Consultant shows Q100 flood lines for local flooding on the plans but there is no supporting documentation provided. STORMWATER DRAINAGE The consultant’s report doesn’t provide details of stormwater drainage but Council’s conditions and standards for stormwater drainage will be applied. To be further assessed at the Operational Works stage. MISCELLANEOUS Lot 118 CP855383 is currently supplied with power and communication services and these services will be extended to all lots at the applicant’s expense.

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5.2 Concurrence Agencies The application required referral to one concurrence agency – the Department of Main Roads. This Agency issued conditional approval for the development subject to conditions requiring – No direct access to the Bruce Highway; The applicant to provide plans showing connectivity with

surrounding lots to ensure any future developments will not impact on or required access to the Bruce Highway;

Lot 1 on MPH 31637 is to be provided with an alternative access; and

The applicant must provide RPEQ certification that post-development flows to the Bruce Highway will not exceed pre-development flows calculated during an ARI 100 storm event.

6.0 CONCLUSION The site is zoned rural, however is adjoined by approved rural residential subdivision and is designated as ‘Rural Living’ in the Draft Wide Bay Burnett State Planning Regulatory Provisions. It is considered appropriate and, subject to some layout amendments, is supported.

P13/09/11 Moved: Cr G.L. Engeman Seconded: Cr L.J. Friske (A) Recommend that Council, as Assessment Manager, APPROVE

development application 2010-1730 for Reconfiguring a Lot – Subdivision to Create 19 additional lots and Boundary Realignment over Lots located at 600 Bruce Highway, Chatsworth, subject to the following conditions:

Assessment Manager’s Conditions Section 1.0 Conditions to be Satisfied Prior to the Release of the

Plan of Survey 1.1 (i) The plan submitted with the application (Plan No. 4252/2

drawn by Murray and Associated and dated 23/3/10), shall be amended as follows:

(a) Lots 63-65 are not approved and are to be amended to result in minimum lot sizes of 6 000m2; and

(b) Lots 80 and 81 are to be amalgamated.

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1.2 A development permit for Operational Work (Site Works, Roadworks and Stormwater Drainage) is to be obtained and complied with as required.

1.3 A duly executed grant of easement for access and services is

to be submitted to Council for approval, together with any necessary Plan Registry Authority forms requiring Council’s endorsement, prior to the release of the Plan of Survey. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.4 All outstanding rates or charges levied by Council or

expenses that are a charge over the subject land under any Act are to be paid.

1.5 The whole of the subject land including all approved lots is to

be treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

1.6 An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

1.7 Evidence is to be submitted from an authorised supplier

demonstrating that the approved lots are serviced by telecommunications and electricity infrastructure.

1.8 Identification markers are to be placed within 1 metre of

survey pegs at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

1.9 One (1) PSM is to be provided and levelled to AHD Datum. A

copy of any Permanent Survey Sketch is to be submitted to Council.

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1.10 Infrastructure charges are payable as follows:

Infrastructure Item Equivalent Units Current Amount

Rural Residential Roads per additional lot $11 757Parks per additional lot $1 960TOTAL (per lot) $13 717

but will be subject to indexation annually on 1 July. 1.11 Three (3) alternative road names are to be submitted for

Council’s approval for each new road to be opened in accordance with Policy No. PR-D-004.

1.12 Easements or reserves for drainage purposes are to be

surveyed and registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process and Council’s standard easement documentation must be used for this purpose. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.13 (i) Provide Council with written permission from relevant adjoining landowners to discharge/accept concentrated stormwater onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

1.14 Prior to the submission of a development application for

operational work submit to Council a preliminary subdivision design for lots between the development site and Cochrane Road to demonstrate the proposed alignment of the new road through the development is appropriate and will be able to service future developments in the area.

1.15 A hydraulic report is to be submitted to demonstrate that

each lot has a 1 000m2 building area above the Q100 inundation for local flooding.

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1.16 A plan is to be submitted demonstrating the existing effluent

system sited within proposed lot 81 is located clear of proposed lot boundaries to meet the requirements of the Queensland Plumbing and Wastewater Code.

Section 2.0 Conditions Relevant to the Issue of a Development

Permit for Operational Work 2.1 The entrance and driveway for any rear access lot is to be

constructed to a 3 metre wide 2 coat bitumen 25mm asphaltic concrete or reinforced sealed standard from the bitumen edge of the road for the full length of the access strip.

2.2 All lots are to be permanently numbered with reflective

numbers on posts. 2.3 Any filling or other development works undertaken on the site

shall be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

2.4 All cleared vegetation is to be suitably processed or removed

from the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to: (i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any Council landfill site.

2.5 Undertake at no cost to Council, the alteration of any public utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

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2.6 New roads are to be opened and constructed to bitumen seal

standard in accordance with Council’s Road Design Standard.

In this regard: (i) the through road fronting lots 63-76 to Lot 116 CP855383

is to be 7.5 metres width with kerb and channel; (ii) the road fronting lots 72, 73, 79-82 is to be constructed

to 6.0 metres width with kerb and channel; and (iii) road in (i) and (ii) are to be constructed with kerb and

channel to match the standard of road construction for adjacent development DA15764.

2.7 The lead-in roads to the development site, previously

approved under DA15764, are to be upgraded to a minimum constructed width of 7.5 metres with kerb and channel.

2.8 Prior to construction of all new roads the following actions

are required: (i) Lodgement of a plan of the proposed centreline; (ii) The proposed centreline is to be pegged by the

Consultant Surveyor to facilitate an inspection; and (iii) Inspection by Council’s Engineer to ensure the new road

is suitably located. A Certificate of Acceptance will be issued following inspection, if the proposed road location is acceptable.

2.9 Where the works, the subject of this approval, join or trench across existing constructed roads, the applicant is responsible for maintenance of the existing road for a width of 1.2 metres from the pavement join for the period of construction and the subsequent maintenance period.

2.10 The method of treatment of stormwater runoff from and through the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

2.11 Erosion and sediment control measures are to be designed

and provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

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2.12 Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

Notes (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

(ii) No earthworks or filling works are to be undertaken prior to

the issue of a Development Permit for Operational Work. (iii) Council’s property records will be noted that advanced

secondary treatment systems will likely be required to be installed at the building stage for all lots approved in the development. The geotechnical report prepared by Global Testing, reference 11/0209 is to be made available to potential purchasers of these lots.

(B) Further that proposed Lots 32-38 of the request to change

the previous approval be amended to a minimum of 6000m2.

Carried.

Cr J. Watt declared a Material Personal Interest in the following item due to being the applicant and left the meeting and vacated the chair at 12.57 p.m.

Cr R.J. Dyne (Mayor) took over the role of Chairman of the meeting.

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3/3 2011- 0558 – Representations to existing approval - Reconfiguring a Lot - Subdivision to create two (2) lots from one (1) lot – 45 Kevin Road, Imbil – K & J Watt

FILE: P14/09/11 2011-0558 APPLICANT: Keith and Janet Watt LANDOWNER: Keith William Watt and Janet Watt RPD: Lot 2 on SP217379 SITE: 45 Kevin Road, Imbil PROPOSAL: Representations - Reconfiguring a

Lot – Subdivision to create two (2) lots from one (1) lot

PLANNING SCHEME: Cooloola PLANNING AREA: Rural LEVEL OF ASSESSMENT: Code SITE AREA: 13 250m2

KEY POINT SUMMARY The application was approved under delegated authority on 1

June 2011; Representations have been made asking for condition 12 of the

approval to be deleted; Condition 12 requires a passing bay to be provided on the

proposed driveway (the driveway is shared between two allotments);

The requirement for a passing bay is established in PSP8 (28 April 2011);

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Because amended PSP8 is relatively new, and this is the first time representations have been made in this context, the representations are presented to Council for consideration; and

The representations are recommended to be refused, and for condition 12 to remain.

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Report: (Planning Officer – L. M. Farrelly) Introduction The proposed reconfiguration was approved under delegated authority on 1 June 2011. The appeal period was suspended on 20 June 2011 and representations were subsequently made to Council by the applicant (dated 14 July 2011). Applicant’s Representations The representations contended that the condition 12 be deleted. Condition 12 requires the inclusion of a passing bay on the driveway:

12. The entrance driveway for the Hatchet Lot is to be constructed to a 3.5 metre wide sealed 2 coat bitumen, 25mm asphaltic concrete or reinforced concrete standard from the existing bitumen edge of Kevin Road for the full length of the access handle. A sealed passing bay, 5.5 metre wide, to the same standard as the driveway is also to be constructed at the approximate mid-way point along the driveway.

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The applicant submitted the following arguments to justify the deletion of condition 12:

A past approval on the adjacent allotment (north) had no requirement for a passing bay

The passing bay will have to be located over underground services, restricting access for maintenance and repair;

The amount of traffic anticipated does not justify a passing lane;

The area on either side of the driveway is flat, so passing can be facilitated anyway (i.e. one wheel on the grass).

Council Staff Comment – Planning Officer – (L.M. Farrelly) The representations were considered, and Council staff recommend Council refuse the representations on the following grounds:

A Planning Scheme Policy that recently came into effect (PSP8 - 24 April 2011) establishes the requirement for a passing bay where driveways are more than 100m long (Clause 72 (5) (c)): ‘where the access strip is greater than 100m long, a passing bay shall be provided at approximately the half-way point’;

The Reconfiguring a Lot Code requires each rear lot to have a road frontage of 6m and a driveway length of less than 100m. The lot proposed has a frontage of 5m and driveway length of 160m. The passing will help offset this non-compliance.

The driveway will be 160m long with a convex longitudinal section (there will not be a direct sight distance for the entire length of the driveway). The passing bay will help minimise any potential conflict.

P14/09/11 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker

Recommend that in relation to development application (2011-

0558) for Reconfiguring a Lot – Subdivision to create two (2) lots from one (1) lot – over Lot 2 on SP217379, located at 45 Kevin Road, Imbil, Council not issue a Negotiated Decision Notice.

Carried.

Cr J. Watt returned to the meeting at 12.58 p.m. Cr R.J. Dyne (Mayor) vacated the chair and Cr J. Watt resumed the role of Chairman of the meeting.

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SECTION 4: PLANNING APPLICATIONS PENDING

4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS

Abbreviations: AN Acknowledgment Notice AL Acknowledgement Letter RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice ALOD Adjoining Land Owners Details PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number &

Applicant Location

Nature of Application

Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA17897 Morris (MKM)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (MKM)

Dray Road, Widgee

Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

2009-1859 Christensen (MKM)

14 Glastonbury Road, Southside

2 x Two (2) Storey Town Houses & 2 x Two (2) Unit Apartments

DMS. Report to P&D Committee Meeting. (1) Submission.

2010-0827 Gear Family Investments Pty Ltd (MKM)

6A Parsons Road, Gympie

Multi-Residential (Nine (9) Units)

DMS. DN due.

2010-0860 Tim Developments Pty Ltd (MKM)

168 Old Maryborough Road, Gympie

COMBINED Preliminary Approval (Industrial & Commercial Development) & Subdivision to Create 18 Additional Lots

DMS. Reported to P&D Committee Meeting 20/07/11.

2010-0891 Roberts Bros Pty Ltd (TMS)

600 Bruce Highway, Chatsworth

Preliminary Approval to Effect the Local Planning Scheme

Application on hold till 30/12/11. DTMR rfi issued 15/07/10 & DIP rfi issued 05/07/10.

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File Number & Applicant

Location Nature of

Application Status

2010-1030 White (LF)

28 Smyth Street, Gympie

Multi-Residential Four (4) Units

RFI response due 09/02/12. Concurrence Agency DTMR rfi issued 27/07/10.

2010-1348 Newman (TMS)

149 Tagigan Road, Goomboorian

Food or Entertainment Venue (Function Venue)

Reported to P&D Committee Meeting 17/08/11. (11) Submissions. One (1) Petition. Refer to Item 2/2 in Today’s Agenda.

2010-1351 Medialoco (LF)

29A Shields Street, Gympie

Multi-Residential - Three (3) Dwelling Units

PNS. Submissions due 24/08/11. Additional information received 19/07/11.

2010-1870 Canty (TMS)

Bella Creek Road, Bella Creek

Accommodation Premises (Camping & Cabins) Food or Entertainment Venue (Multi Sports Park & Kiosk) and ERA #63 Sewage Treatment (2) (a) 21ep to 100ep Premises)

PNS. Submissions due 08/09/11. Concurrence Agencies DERM rfi received 25/07/11, DTMR response received 16/03/11. DIP response received 10/08/11. Advice Agency DERM rfi received 25/07/11. Extension of DERM dms received 17/08/11.

2010-1921 Nargoon Cattle Co (LF)

Old Boonara Road, Cinnabar

MCU - Intensive Animal Husbandry (Increasing Existing 100 to 499 SCU Feedlot) & ERA #2(1)(b) Intense Animal Feed Lotting Cattle 150-1000scu

Compliance of PNS received 29/08/11. Nil (0) Submissions.

2010-2019 G & G Securities (TMS)

Cootharaba Road, Gympie

Seeking a Preliminary Approval Varying the Effect of the Local Planning Instrument

DMS on hold till 31/12/11.

2010-2055 Anderleigh Enterprises Pty Ltd (MKM)

270 Sorensen Road, Gunalda

Extractive Industry & ERA # 16 Extractive and Screening Activities, 2 (c) 100,000 to 1,000,000 Tonnes Per Annum

Compliance of PNS received 09/08/11. Nil (0) Submissions. DERM ext rfi period 10/08/11.

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File Number & Applicant

Location Nature of

Application Status

2010-2014 Monkira Dev P/L AFT Tilt Family Trust (LF)

3 & 7 Flynn Road, Gympie

COMBINED MCU - Multi-Residential (23 Dwelling Units) & RAL – Boundary Realignment.

Decision Notice issued 21/07/11. Ten (10) Submissions.

2011-0154 Tamaree Developments Pty Ltd (TMS)

Tamaree, Garowme & Cloey Roads, Tamaree

Preliminary Approval to Vary the Effect of the Planning Scheme for an Industrial Development

DMS. DN due.

2011-0193 Pakrat Pty Ltd (LF)

31 Scrub Road, Gunalda

Commercial Facility (Showroom - Hardware Store)

DMS. Report to P&D Committee Meeting. One (1) Submission Refer to Item 2/3 in Today’s Agenda.

2011-0657 Singtel Optus Pty Ltd C/- Daly International (SAC)

Western Creek Road, Imbil

Public Utility (Telecommunications Facility)

AN issued 03/06/11. RFI issued 01/07/11. Awaiting applicant’s response. Concurrence Agency DERM response received 27/07/11.

2011-0673 Boyce (KMF)

185 Spencer Road, Kilkivan

Animal Keeping (Dog Kennels)

PNS. ALOD issued 11/08/11.

2011-0745 Delgos (LF)

8 Crown Road, Gympie

COMBINED - Multi-Residential (4 Units) & Building Work Assessable against the Planning Scheme (Removal of Character Building)

ALOD sent 20/07/11. Submissions due 31/08/11.

2011-0744 Victory Church (LF)

173-175 Old Maryborough Road, Araluen

Multi-purpose Hall RFI sent 28/07/11. Awaiting applicant’s response.

2011-0878 Curra Country Sandstone Supplies (LF)

Gardners Lane, Curra

Extractive Industry (Sandstone Quarry) & ERA #20 (Extracting rock, sand, clay, gravel, loan or other material <5000t per annum)

AN issued 07/07/11. RFI sent 03/08/11. Awaiting applicant’s response.

2011-1101 Total Communications Infrastructure (MKM)

23 Karoonda Road, Rainbow Beach

Public Utility (Telecommunications Facility)

Amended AN issued 26/08/11. Advice Agency DERM. RFI due.

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File Number & Applicant

Location Nature of

Application Status

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

Part RFI response received 16/12/10.

DA17123 Wilson (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

Letter sent 08/10/10 requesting intentions to finalise.

2009-0893 The Clayton Family Superannuation Fund (TMS)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

DMS. DN due. Additional information received 08/11/10.

2009-1648 Reyloh (KMT)

17,19,21, & 23 Oak Street and 22 Chatsworth Road, Gympie

Accommodation Premises (84 Motel Units and Caretaker’s Residence) and Food or Entertainment Venue (Restaurant and Function Room)

Applicant negotiating with DTMR.

2009-2130 CJ Black Medical Pty Ltd aft CJ Black Investment Trust (LF)

63 King Street, Gympie

COMBINED – MCU - Multi-Residential Six (6) Units & RAL - Subdivision to Create One (1) Additional Lot

DMS. Reported to P&D Committee Meeting 20/04/11. Additional information received 27/07/11.

2010-1209 Gympie Regional Council (TMS)

Bayside Road, Tin Can Bay

Public Utility (Waste Transfer Station) & ERA # 62 (Waste transfer station operation)

RFI response received 14/06/11. Concurrence Agency DERM (ERA).

2010-1520 Building Suncoast Green (LF)

18 Brisbane Road, Gympie

COMBINED MCU - General Industry (Tyre Fitting Workshop) & OW - (Stormwater, Earthworks, Landscaping & Driveway)

DMS. DN due.

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File Number & Applicant

Location Nature of

Application Status

2010-1649 AJ & DA Corbet ATF AJ & DA Corbet Family Trust (MKM)

20 Barter Street, Gympie

Commercial Premises (Professional Offices)

DMS. DN due. Letter sent 06/07/11. Response due 15/07/11.

2010-1752 Morrison (MKM)

2 Stanley Street, Gympie

Multi-Residential (Seven (7) Units in Two (2) Stages

RFI extended to 22/09/11. Awaiting applicant’s response. Concurrence Agency DTMR response received 09/12/10.

2010-1765 Gympie Regional Council (TMS)

Bonnick Road, Gympie

Public Utility – (Expansion of Waste Management Facility)

RFI response received 13/05/11. Concurrence Agency DERM rfi sent 27/01/11.

2010-2026 AHC Ltd (TMS)

5 Woolgar Road, Southside

Commercial Premises (Service Station & Shop)

RFI sent 17/02/11. Awaiting applicant’s response. Concurrence Agency DTMR response received 01/03/11.

2011-0124 Peskops (TMS)

355 Sterling Road, Kandanga Creek

Intensive Animal Husbandry - Piggery (Free Range Pig Farm) and ERA#3 (1) Pig Keeping - Keeping 20 - 400 standard pig units

DMS on hold. Applicant negotiating with DEEDI.

2011-0333 Huba (LF)

Kimberley Avenue, Southside

Multi-Residential (Duplex)

DMS. DN due.

2011-0439 Reece Australia Limited (LF) (eDA)

2 Clematis Street, Gympie

COMBINED - MCU - (Warehouse & Showroom) & OW - Advertising Device (One (1) Freestanding Non-Moving Sign)

DMS. DN due.

2011-0579 Garage World Gympie (MKM)

Boonara St & Shaw St, Goomeri

Shop DMS. DN due.

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File Number & Applicant

Location Nature of

Application Status

2011-0741 Gympie Regional Council (SAC)

Mt Olive Road, Cinnabar

Extractive Industry (Gravel Extraction & Production) & Environmentally Relevant Activity [ERA # 16 Extractive & Screening Activities - 2(b) extracting, other than by dredging 5 000t to 100 000t per annum and 3(a) screening 5 000t to 100 000t per annum]

Amended AN & RFI issued 19/07/11. Concurrence Agency DERM extended rfi period until 18/08/11.

2011-0762 Lloyd (KMF)

71 Little Road, Glastonbury

Intensive Animal Husbandry - Piggery (Free Range Pig Farm)

RFI issued 19/07/11. Awaiting applicant’s response. Concurrence Agencies DEEDI response received 04/08/11 & DERM RFI ISSUED 04/08/11.

2011-0902 Franklin (PKM)

25 Habitat Court, Cooloola Cove

Multi-Residential (Dual Occupancy)

DMS. Report to P&D Committee Meeting. Refer to Item 2/1 in Today’s Agenda.

2011-0908 Cooloola Building Approvals (PKM)

51 Investigator Avenue, Cooloola Cove

Multi-Residential (Second Dwelling – Relatives Residence)

DMS. DN due.

2011-0775 Wrightbros New & Used Homes (PKM)

1980 Mary Valley Road, Kandanga

Dwelling House (Relocatable Dwelling)

RFI issued 27/07/11. Awaiting applicant’s response.

2011-0784 Neerdie Rural Fire Brigade (KMF)

Power Sreet, Neerdie

Community Services (Rural Fire Brigade Shed)

RFI issued 11/08/11. Awaiting applicant’s response.

2011-1075 Mackie & Cheep (SAC)

Bacon Road, Cedar Pocket

Dwelling House (Conservation Significant Area Code)

RFI sent 15/08/11. Awaiting applicant’s response.

2011-1057 Cooloola Building Approvals (PKM)

27 Rodney Road, Curra

Dwelling House (Bushfire Medium Hazard Area)

DMS. DN due.

2011-1115 Cooloola Building Approvals (PKM)

82 Old Maryborough Road, Gympie

Multi-Residential (Second Dwelling – Relatives Residence)

RFI sent 25/08/11. Awaiting applicant’s response.

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File Number & Applicant

Location Nature of

Application Status

2011-1051 Shedmen (PKM)

Old Goomboorian Road, Veteran

Farm – (New Shed in Conservation Significant Area)

DMS. DN due.

2011-1059 The Kedding Group Pty Ltd (SAC)

530 Tin Can Bay Road, Canina

Multi-Residential (Dwelling & Granny Flat)

AN issued 29/08/11. Concurrence Agency DTMR response due. RFI due.

2011-1100 Cooper (PKM)

63 Severn Chase, Curra

Dwelling House (Bushfire Medium Hazard Area)

RFI due.

2011-1206 Hotondo Gympie P/L (SAC)

94 Kirsten Drive, Curra

Multi-Residential (Second Dwelling)

RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1098 Allen-Co Holdings Pty Ltd (SAC)

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

RFI sent 11/11/09. Awaiting applicant’s response. Concurrence Agencies DTMR rfi issued 20/08/10. DERM (VMA) rfi issued 06/09/10 & DERM (EPA-clu) rfi issued 06/09/10.

2011-0534 Ahern James Naismith Pty Ltd (LF)

Upper Widgee Road, Widgee

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. One (1) Submission. Refer to Item 3/1 in Today’s Agenda.

2011-1093 Daddamarine Pty Ltd (LF)

Daddamarine Road, Booubyjan

Boundary Realignment

AN issued 23/08/11. RFI due.

RECONFIGURING A LOT – CODE ASSESSMENT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)

DMS. Report to P&D Committee Meeting.

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Letter sent to DTMR 14/04/10. Awaiting response.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/06/09. Referral Agency DMR rfi issued 23/03/09. Advice Agency Energex response received 20/03/09.

2010-0428 Bay Survey Consultants (KMF)

Langton Road, Monkland

Subdivision to Create Eleven Additional Lots

DMS. Report to P&D Committee Meeting.

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File Number & Applicant

Location Nature of

Application Status

2010-1730 Murray & Associates (QLD) Pty Ltd (TMS) (eDA)

600 Bruce Highway, Chatsworth

Subdivision to Create Nineteen (19) Additional Lots

DMS. Report to P&D Committee Meeting. (related file DA15764) Refer to Item 3/2 in Today’s Agenda.

2010-2058 Dickinson (TMS)

308 Carlo Road, Rainbow Beach

Subdivision to Create (45) Additional Lots

RFI response received 13/07/11. Concurrence & Advice Agency DERM stoped IDAS process 28/07/11.

2011-0152 Dunn (MKM)

25 Samantha Drive, Pie Creek

Subdivision to Create One (1) Additional Lot

RFI issued 16/03/11. Awaiting applicant’s response.

2011-0230 MacKay (LF)

343 Hyland Road, East Deep Creek

Subdivision to Create (2) Additional Lots in Two (2) Stages

DMS. DN due.

2011-0259 Smillie (LF)

38 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots and Access Easement

AN issued 24/03/11. RFI issued 28/04/11. Concurrence Agency DTMR. DTMR rfi issued 12/04/11.

2011-0379 Partington (SAC)

81 Donald Drive, Curra

Subdivision to Create Two (2) Additional Lots

RFI issued 17/05/11. Awaiting applicant’s response.

2011-0331 Resland Management (Aust) Pty Ltd (KMF)

Ranson Road, Gympie

Subdivision to Create (3) Three Additional Lots

RFI issued 20/04/11. Awaiting applicant’s response.

2011-0450 Greenco Developments Pty Ltd (SAC)

1 Pinewood Avenue, Gympie

Boundary Realignment

RFI issued 28/04/11.

2011-0578 Moir (SAC)

11 Kauri Court, Chatsworth

Subdivision to Create Three (3) Additional Lots

DMS. DN due.

2011-0590 Jones, Condon & Mallon (LF)

62 Noosa Road, Monkland

Subdivision to Create 21 Additional Lots

RFI issued 09/06/11. Awaiting applicant’s response. Advice Agency Energex response received 17/06/11.

2011-0611 Ahern James Naismith (Gympie) (KMF)

287 Marys Creek Road, Marys Creek

Subdivision to Create Two New Lots from Two Existing Lots

RFI due.

2011-0654 Drollinger (LF)

126 Tamaree Road, Tamaree

Subdivision to Create One (1) Additional Lot

AN issued 02/06/11. RFI not required. Concurrence Agency DERM.

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File Number & Applicant

Location Nature of

Application Status

2011-0670 Downunder Properties Pty Ltd (LF)

Tin Can Bay Road, Tin Can Bay

Subdivision to Create (10) Additional Lots

Amended AN issued 29/07/11. RFI issued 19/07/11. Awaiting applicant’s response. Concurrence Agencies DERM & DTMR. Advice Agencies DERM & Energex response received 22/07/11. DTMR rfi issued 15/08/11.

2011-0746 Treloar (MKM)

26 Holding Road, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2011-0778 Walker (MKM)

27 Pine Street, Gympie

Subdivision to Create Two (2) Additional Lots

RFI issued 23/06/11. Awaiting applicant’s response.

2011-0856 Alexander (SAC)

72 Old Veteran Road, Veteran

Subdivision to Create (1) Additional Lot

DMS. DN due.

2011-0863 Pagerose Pty Ltd (PKM)

Carnoustie Court, Curra

Boundary Realignment

DMS. DN due.

2011-0876 Aspinall (SAC)

Jimbour Road, The Palms

Subdivision to Create Four (4) Additional Lots

RFI sent 04/08/11. Advice Agency DERM response received 18/07/11.

2011-0994 Delisser (MKM)

53 Old Veteran Road, Veteran

Subdivision to Create One (1) Additional Lot and Access Easement

RFI issued 02/08/11. Awaiting applicant’s response.

2011-0995 Sims (MKM)

62 Osborne Court, Wallu

Subdivision to Create (2) Additional Lots and Access Easement

RFI issued 19/08/11. Awaiting applicant’s response.

2011-0960 Treeby (MKM) (eDA)

43 Old Veteran Rd, Veteran

Subdivision to Create (1) Additional Lot

RFI issued 16/08/11. Awaiting applicant’s response.

2011-1088 House (PKM)

76 Donald Drive & 19 Maxwell Place Curra

Boundary Realignment

RFI issued 18/08/11. Awaiting applicant’s response.

2011-1112 Edwards (KMF)

49 & 61 Megan Road, Southside

Boundary Realignment

AN including RFI issued 23/08/11. Advice Agency DERM.

2011-1198 Caremar Pty Ltd (MKM)

22 Barton Road, Victory Heights

Subdivision to Create 17 Additional Lots

RFI due.

2011-1216 Gympie Regional Council (LF

Noosa Road, Gympie

Subdivision to Create One (1) Additional Industrial Lot

RFI due.

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File Number & Applicant

Location Nature of

Application Status

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (TMS)

391 Bruce Highway North, Two Mile

Earthworks Part response to RFI received 07/08/09.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

Site Works, Driveway Access, Carparking & Landscaping

DMS. DN due.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

Letter sent requesting intentions. Response due 30/06/11.

2008-1682 Lohage (LF)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

DMS. DN due.

2011-0286 Pegasus Biz Pty Ltd (TMS)

Wisteria Lane, Southside

Roadworks, Stormwater, Water Infrastructure, Clearing Vegetation under the Planning Scheme, Drainage works, Earthworks, Sewerage Infrastructure & Landscaping

DMS. DN due. Request for additional information sent 18/05/11.

2011-0584 Callaghan & Toth Consulting Engineers (TMS)

Bruce Highway (North) Chatsworth

Roadworks & Stormwater Drainage for Rural Residential Subdivision (Stage 2)

DMS. DN due.

2011-0731 Ken Hudson & Associates (MKM)

136 Green Trees Road, Pie Creek

Roadworks, Stormwater Drainage & Access Construction

RFI issued 15/06/11. Awaiting applicant’s response.

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File Number & Applicant

Location Nature of

Application Status

2011-0766 Delgos (LF)

Old Goomboorian Road, Veteran

Roadworks, Earthworks, Stormwater Drainage & Signage

RFI issued 22/06/11. Awaiting applicant’s response.

2011-0861 Wrightbros New & Used Homes (SAC)

70 Tucker Street, Gympie

Sewer, Driveway Access, Car Parking, Stormwater Drainage & Landscaping

DMS. DN due.

2011-0839 Opus International Consultants (MKM)

Spring Road, Victory Heights

Roadworks, Stormwater, Drainage Works, Earthworks, Signage, Water & Sewerage Infrastructure

DMS. DN due.

2011-0948 Urlich (SAC)

25 Nicholls Road, Monkland

Water & Sewerage Infrastructure, Roadworks, Stormwater, Earthworks, and Stormwater Drainage

DMS. DN due.

2011-0797 Gympie Earthmoving (SAC)

2A Sorensen Road, Southside

Earthworks DMS. DN due.

2011-0992 Hutchinson (LF)

98-102 River Road, Gympie

Stormwater , Landscaping, Roadworks, Water & Sewerage Infrastructure

RFI due.

OPERATIONAL WORK – ADVERTISING DEVICES 2011-0505 Bishopp Outdoor Advertising Pty Ltd (PKM)

2005 Bruce Highway, Kybong

Advertising Device One (1) Freestanding Non-Moving Sign

DMS. DN due.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME 2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 (building application).

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File Number & Applicant

Location Nature of

Application Status

2011-1099 Cooloola Building Approvals (LF)

6 Railway Ct, Gympie

Siting Requirements for a Class 2-9 Structure

RFI due.

2011-1147 Adept Building Approval (SAC)

11 Elizabeth St, Imbil

Concurrence Agency (Removal Dwelling)

DMS. DN due.

2011-0880 Madills (SAC)

Mellor Street, Gympie

Showroom RFI due.

2011-1113 Cooloola Building Approvals (PKM)

165 Rodney Road, Curra

Dwelling House (Bushfire Medium Hazard and Natural Hazard)

RFI due.

2011-1215 Cooloola Building Approvals (PKM)

2 Beryl Crescent, Curra

Dwelling House (Bushfire Medium Hazard)

RFI due.

COMPLIANCE ASSESSMENT

P15/09/11 Moved: Cr G.L. Engeman Seconded: Cr J.A. Walker

Recommend that the information be noted.

Carried.

4/2 Development Applications Approved File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-0274 DTS Group (KMF)

80 Howe Road, Traveston

11/08/11 Reconfiguring a Lot - Access Easement

Development Permit

2011-0635 Chandler (PKM)

Glen Echo Road, Glen Echo

12/08/11 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

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File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-0965 Opus International Consultants (Australia) P/L (LF)

33 Roselea Avenue, Southside

12/08/11 Operational Work - Earthworks, Drainage Works & Access Driveway

Development Permit

2011-1027 Opus International Consultants (Australia) P/L (MKM)

28 Ashford Road, Gympie

12/08/11 Operational Work - Drainage Works & Sewerage Infrastructure

Development Permit

2010-2060 Ken Hudson & Associates (LF)

Valley Vista Road, The Dawn

15/08/11 Roadworks, Drainage Works, Stormwater & Earthworks

Development Permit

2011-0552 Bryers (PKM)

Billabong Court, Pie Creek

18/08/11 Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots

Development Permit

DA17170 JMBS (LF)

10 Railway Court, Glanmire

18/08/11 Material Change of Use – General Industry (Extensions to Existing Building)

Amended Decision Notice

SD518 Hawkins (LF)

Hawkins Road, Widgee

18/08/11 Reconfiguring a Lot – Boundary Realignment

Development Permit

2010-1184 Lobegeier (LF)

17 Smerdon Road, Southside

18/08/11 Reconfiguring a Lot – Subdivision to Create 24 Additional Lots

Negotiated Decision Notice

2011-1018 Shedmen (PKM)

153 Counter Road, Wolvi

18/08/11 Domestic Outbuilding (Conservation Significant Area Code)

Development Permit

2008-0789 Wewer & Starkey (KMF)

116 & 146 Fritz Road, Chatsworth

26/08/11 Reconfiguring a Lot - Subdivision to Create Fifteen (15) Additional Lots

Amended Decision Notice

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File Number and Applicant

Location Date of Approval

Development Nature of Approval

2011-0874 DMC Enterprises Pty Ltd (TMS)

10 Woodland Drive, Southside

25/08/11 Operational Work – Roadworks, Stormwater, Drainage Works, Earthworks, Signage, Water & Sewerage Infrastructure

Development Permit

2011-0835 Watson (PKM)

65 Quinlan Road, Tamaree

26/08/11 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

2011-0032 Moore (LF)

208 Brisbane Road, Monkland

26/08/11 Reconfiguring a Lot - Subdivision to Create Three (3) Additional Lots

Development Permit

2011-0631 DMC Enterprises Pty Ltd (TMS)

121 Hoopers Road, Curra

29/08/11 Roadworks, Stormwater & Earthworks

Preliminary Approval

P16/09/11 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker

Recommend that the information be noted.

Carried.

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SECTION 5: GENERAL MATTERS

5/1 Application for Detached Bottle Shop – Jockey Club Hotel – Shops 302 & 303 Southside Shopping Centre, Lot 11 RP896298 - 1-5 Woolgar Road, Southside

Re: P17/09/11 Application for Detached Bottle Shop From: Office of Liquor and Gaming Regulation Location: Southside Shopping Centre Site: 1-5 Woolgar Road Southside RPD: Lot 11 RP896298 File: 6/4/05/0009 Date: 18 August 2011 Letter received from Office of Liquor and Gaming Regulation 22 August 2011 “Enclosed for your information is a copy of the advertising notice relating to an application lodged for the above named premises. You are now afforded the opportunity to comment or object to the grant of the application on the grounds that the amenity, quiet or good order of the locality would be lessened. Please advise whether you have any comments on, or objections to, the granting of the application. In accordance with section 117 of the Liquor Act 1992 your comments or objection must be given tho this office on or before the last day for filing objections. To comply with section 117, you comments or objection should be received by 28 September 2011. If you do not support the application, your comments or objection should include full particulars of: The grounds upon which the objection is made. The facts, evidence or reasons upon which it is based. The delegate of the chief executive cannot rely on statements that merely indicated the council does not support, or objects to the application. Any comments or objection provided may be referred to the applicant. If you require clarification on any of these matters, please do not hesitate to contact the Customer Support Team on telephone (07) 3224 7131.”

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Report: (Planning Assistant – K. M. Fuller) 1.0 The above correspondence from Liquor Licensing requests

Council’s comments in relation to an application for a new detached bottle shop for the Jockey Club Hotel.

2.0 The proposed bottleshop is to be located within the newly

constructed Southside Shopping Centre as identified on the map above.

3.0 The Liquor Licensing Division requests Council’s comments on the

application with regard to social impacts and from the community’s perspective.

4.0 The site is zoned Commercial and was subject to a previous

approval for material change of use for a shopping centre, which permits the establishment of a bottle shop. The proposed use at this location is considered appropriate from a planning perspective.

P17/09/11 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté

Recommend that Council advise the enquirer that no objection is offered or concerns raised in relation to the issue of a Licence for a Detached Bottle Shop for the Jockey Club Hotel in the Southside Shopping Centre at 1-5 Woolgar Road Southside.

Carried.

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5/2 Developer Contributions for Proposed Duplex

Re: P18/09/11 Developer Contributions for Proposed Duplex From: Gympie resident File: 6/4/05/0009 Date: 16 August, 2011

Report: (Manager Development & Compliance – T. M. Stenholm) The above correspondence is in relation to a proposed duplex within Gympie. The writer intends to construct a duplex for a family member and believes the associated developer contributions to be unreasonable. Accepting a statutory declaration to secure the occupants of the duplex is considered problematic from a compliance perspective. Other options are considered to exist for this scenario, that would not accrue contributions. The currently include: - constructing a 50m2 ‘granny flat’, which still currently requires a

development permit for material change of use but does not trigger contributions; or

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- constructing an extension to the existing dwelling that would not be considered a separate self-contained ‘dwelling unit’. Such option would necessitate exclusion of a kitchen and/or bathroom, or could include a kitchenette if the design did not result in the extension being easily converted to a duplex.

P18/09/11 Moved: Cr J.A. Walker Seconded: Cr G.L. Engeman

Recommend that Council advise the writer that Council cannot levy contributions for duplexes based on the occupants of each dwelling unit. Further, that alternative options exist for their situation that would not incur developer contributions including: - constructing a 50m2 ‘granny flat’ that still requires a land use

approval from Council but does not incur contributions; or

- constructing an extension to the existing dwelling that would not be considered a separate self-contained ‘dwelling unit’. Such option would necessitate exclusion of a kitchen and/or bathroom, or could include a kitchenette if the design did not result in the extension being easily converted to a duplex.

Carried.

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION The following item is for Council’s Information (see Attachment 1). No Date

Received Received from Subject

1 24/08/11 Minister for Employment, Skills and Mining

Exploration and urban areas (Doc ID 1519244)

P19/09/11 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

Recommend that Council writes to the Minister for Employment, Skills and Mining requesting that restricted area status be declared for the towns of Goomeri, Kilkivan and Imbil on the basis that Council considers these towns to be significant rural centres.

Carried.

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COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee” to discuss

1. Park Contributions P20/09/11 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske That pursuant to the provisions of Section 72 of the Local Government

(Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:-

1. Park Contributions Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

COUNCIL OUT OF COMMITTEE P21/09/11Moved: Cr J.A. Walker Seconded: Cr R.A. Gâté That proceedings be resumed in Open Council.

Carried.

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SECTION 7: “IN COMMITTEE” ITEMS

7/1 Park Contributions

P22/09/11 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker

Recommend that representatives of the Chatsworth Hall Committee be invited to a future meeting of the Community & Economic Development Committee to discuss development proposals, available funding and future funding opportunities in relation to the Chatsworth Hall.

Carried.

Cr G.L. Engeman left the meeting at 1.18 p.m. Cr A.J. Perrett left the meeting at 1.19 p.m.

SECTION 8: GENERAL BUSINESS

8/1 Proposed Heritage Listing at Spring Valley Dip

P23/09/11 Moved: Cr D.R. Neilson Seconded: Cr J.A. Walker Recommend that Council advise the DERM that it would be

prepared to withdraw its objection to the heritage listing of the Spring Valley Dip, if DERM was prepared to agree to fund a grate cover for the Dip.

Carried.

DELETED MINUTE G15/09/11 REFERS

SECTION 9: ATTACHMENTS Attachment 1: Letter re Exploration in urban areas (See Section 6)

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There being no further business the meeting closed at 1.30 p.m.

CONFIRMED THIS THE TWENTY FIRST DAY OF SEPTEMBER 2011.

_____________________________________________ Cr J. Watt

Chairman