broadplan property consultants 1 upton ave · property consultants oct 2012 6. water and sewerage...

YOUR REF:- 2012-ROL-110 OUR REF:- DA-2009-316/A

4 November 2013 Broadplan Property Consultants 1 Upton Ave ANDERGROVE QLD 4740 Dear Sir COMPILED DECISION NOTICE Applicant: Broadplan Property Consultants Proposal: Request to Change an Existing Approval - Change to Plan of

Development (ROL - 2 Urban Residential Lots into 2 Lots) Application Number: DA-2009-316/A Address: 5 Thornber Street, NORTH MACKAY QLD 4740,

7 Thornber Street, NORTH MACKAY QLD 4740 Property Description: Lots 3 & 4 on RP701072

Your request for to Change an Existing Approval, lodged on 26-Oct-2012 to amend DA-2009-316/A approved on 12 November 2009, was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 29th October 2013, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved reconfiguration of land through boundary realignment creating 2 3 urban residential lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number

Title of plan Revision Prepared by Date

13717P02 Reconfiguration of 2 lots into 3 lots Lots 3 & 4 on RP701072

B WS Group 1/10/09

This is a Mackay Regional Council digitally signed document.

Drawing Number


2012-ROL-110L1

Proposed subdivision Lots 3 & 4 on RP710072 – 5 & 7 Thornber street, North Mackay

- Broadplan Property Consultants

Oct 2012

6. Water and Sewerage Headworks Deleted

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Policy on Developer Contributions for Water Supply and Sewerage Services. Headworks will be applied based on an additional 1.0 ET.

7. Parkland Contribution Deleted

A parkland contribution must be paid in accordance with the Council’s Policy on Developer Contributions for Parkland. The parkland contribution will be applied based on an additional 2.8 EP’s.

8. Transport Network Contributions Deleted

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions, which is current. The transport network contribution will be applied based on 6.5 vehicle movements per day (vpd’s).

9. Contributions Payment Timing – Endorsement of Survey Plans Deleted

All contributions and charges must be paid prior to the date of endorsement of the Plan of Survey at the rate applicable at the time of payment.

10. Demolish/Removal of Existing Structure Deleted

All structures located within the access handle of proposed Lot 1 are to be demolished or removed from the subject site prior to the endoresment of survey plan. A Building Approval is required for demolition. All building works associated with the dwelling house on Lot 3 are to comply with the Building Act.

11. Provision of On-site Car Parks to Lot 3 Deleted

Lot 3 must be provided with two off-street car parks, one of which is to be covered and must be provided prior to endorsement of the Plan of Survey.


12. Visual Screen Fence

The 1.8m high visual screen fence at the rear of proposed Lot 1 is to be extended for the length of the rear boundary. A visual screen fence between proposed Lots 1 and 2 must be constructed. The screen fence must be a minimum height of 1.8m. Furthermore, the fence must be tapered to a height of 1.2m within 6m of the front alignment. The total cost of this fencing to be met by the Developer. The existing fence must be realigned to be outside of the proposed sewer easement in accordance with the plans of development.

13. Relocation of Electrical Pole and Telstra Pit Deleted

a) The developer must relocate the existing electrical pole and Telstra pit situated in the proposed driveway location for Lot 1. The electrical pole and Telstra pit must be located 1.5m (minimum) away from the edge of the any driveway at the front of the development.

b) The developer must seek approval from the Ergon Energy Corporation and Telstra prior to any works and all cost must be borne by the developer.

c) Lots 2 and 3 are to be reconnected to the altered location of the electrical pole.

14. Electricity Services Deleted

Infrastructure necessary for the provision of underground reticulated power to proposed Lot 1 must be provided and written evidence of a service agreement from the infrastructure provider to demonstrate compliance must be provided to Council.

15. Telecommunications Services Deleted

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

16. Drainage Deleted

The nominated lawful point of discharge for all stormwater runoff from the development is the kerb and channel in Thornber Street.


17. Stormwater Drainage Deleted

Stormwater from the development (including roofwater) shall be collected within the property boundaries and discharge into Council’s stormwater system. All connections to the kerb and channel must be in accordance with Council’s Standard drawing A3-3871.

18. Ponding and Diversion of Stormwater Deleted

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

19. On-Site detention Deleted

The development will increase the impervious area of the site and hence stormwater runoff to Council streets and underground stormwater system. The developer must provide the following items to ensure there is no increase in stormwater runoff from the site: a) An on-site stormwater detention system must be provided for the

development, so that when the site is fully developed the 100 year ARI peak discharge will not exceed the existing situation. A detailed design of this system and a maintenance plan must be developed and submitted to Council as part of an Operational Works application.

b) The on-site detention volume must be proportionally divided on each lot according to the following: Lot 1 – 57%, Lot 2 – 22%, and Lot 3 – 21%.

c) The construction of the detention system for Lots 2 and 3 must be completed as part of the Operational Works.

d) The construction of the detention system for Lot 1 must be completed prior to the completion of the new dwelling.

e) The owner of the land and his successors in title must ensure maintenance of the system is implemented according to the approved maintenance plan. A note to this effect shall be placed on Council’s Rates Database.

20. New Sewerage and Water Connections

Provision must be made to provide a sewer service for the development: a) The developer must provide a new HCB for Lot 1 from the existing sewer

main crossing through the lot. b) The developer must utilise the HCB’s for the existing dwellings in Lots 2

and 3.


A sewer easement must be provided in accordance with Council’s Engineering Design Guideline – planning Scheme Policy No. 15.14 “Sewerage System Design”.

21. Water Connection Deleted

Provision must be made to provide a water service for the development. a) The developer must provide a new water service for Lot 1 from the existing

water main in Thornber Street. b) The developer must utilise the existing water services for the dwellings in

Lots 2 and 3. 22. Live Connection Work Deleted

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

23. Fill in Building Footprint Deleted

Filling on site is to be restricted to building footprint and carparking access only.

24. Provision of Driveway Deleted

Provide access to Lot 1 comprising a concrete paved driveway extending for the full length of the access handle with a minimum sealed width of 3.0 metres. All stormwater connections, water services etc that are to be located within the access handle are to be installed prior to the construction of the driveway. Provide access to the development according to the following: a) The location of the invert crossings and concrete driveways for Lot 1 and

2 must be in accordance with drawing no. 13717P02 revision B prepared by WS Group Consulting Surveyors and Town Planners dated 1.10.09.

b) A new invert crossing and concrete driveway must be constructed at the existing access location for Lot 3 (adjacent to the southern boundary of the lot).

c) All invert crossings and concrete driveways must be constructed in accordance with Council’s Standard drawing A3-773 and Policy no. 24.

d) The developer must ensure that access driveways for the development will satisfy the Ground Clearance requirement of AS/NZS 2890.1:2004.


ASSESSMENT MANAGER’S ADVICE 1. Floor Level Deleted

The minimum floor level for lot 1 shall be the higher of: 300mm above the above the Q100 flood level 300mm above the top of kerb 300mm above the crown of the road 225mm above ground level. The Q100 flood levels of the lot is approximately RL 6.05m AHD. A dwelling house on proposed Lot 1 triggers the Flood and Inundation Overlay, and as such a Material Change of Use - Code Assessable application is required for any proposed dwelling house. All prospective purchasers are to be advised of this requirement and a notation to this effect will be placed on Council’s Rates Database.

2. Building Over and Adjacent to Sewers Deleted

All building work is to comply with Council’s Policy – MW02 “Building Over and Adjacent to Sewers”.

9. Summary of Developer Contributions as at date of approval. Deleted Note: Contributions paid at the time nominated in the relevant condition will be re-calculated at current applicable rate, at that time. Infrastructure Catchment Basis of Calculation

Number of Units/ET’s/ EP’s/VPD

Water Supply 1. North Mackay,

Andergrove, Beaconsfield, Mt Pleasant, Glenella

1 additional lot at a rate of 1.0 ET per lot = 1.0 ET

1.0 ET

Sewerage Supply

1. North Mackay, Andergrove, Beaconsfield, Mt Pleasant, Glenella

1 additional lot at a rate of 1.0 ET per lot = 1.0 ET

1.0 ET

Parks 3. Mt Pleasant, Glenella, Beaconsfield, Andergrove, North Mackay, Cremorne, Slade Point, Mackay Harbour

1 additional lot at a rate of @ 2.8 EP/Dwelling House = 2.8 EP’s

2.8 EP’s


Transport Network

Entire City of Mackay 1 additional urban residential lots @ 6.5 vpd/lot = 6.5 vpd’s

6.5 vpd’s

In order to calculate the quantum of the contribution at the time of payment, please refer to Council’s website for the indexed Policy Contribution rates. FURTHER DEVELOPMENT PERMITS REQUIRED Operational Works Building Works Plumbing and Drainage Works Please find enclosed the above Decision Notice with the relevant attachments: Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights. If you require any further information please contact Kathryn Goodman.


Application Number: DA-2009-316/A

Date of Decision: 29th October 2013

1. APPLICANT/S DETAILS

Name: Broadplan Property Consultants

Postal Address: 1 Upton Ave

ANDERGROVE QLD 4740

2. PROPERTY DETAILS

Property Address: 5 Thornber Street, NORTH MACKAY QLD 4740,

7 Thornber Street, NORTH MACKAY QLD 4740

Property Description: Lot 3 and 4 on RP701072

3. OWNER’S DETAILS

NPMG Pty Ltd

4. PROPOSAL

Request to Change an Existing Approval - Change to Plan of Development (ROL - 2 Urban Residential Lots into 2 Lots)

5. DECISION TYPE

DEVELOPMENT DECISION

Reconfiguration of Lot Development Permit

Approved in Full Subject to Conditions


6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 12 and 20 – Amended Conditions 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24 – Deleted Assessment Managers Advices 1, 2 and 9 All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

7. IDAS REFERRAL AGENCIES Concurrence Agencies Department of Transport and

Main Roads PO Box 62 MACKAY QLD 4740

8. SUBMISSIONS There were no properly made submissions received on this application. 9. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Nil

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

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


14. APPEALS Attached is an extract from the Sustainable Planning Act which details your

appeal rights and the appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name John Caldwell

Position Manager Development Assessment Signature Date


jhc

Typewritten Text

4/11/2013

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2009-316 Applicant’s Name: NPMG Pty Ltd Decision Date: 29 October 2013

Page 1 of 4

RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved reconfiguration of land through boundary realignment creating 2 urban residential lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number


2012-ROL-110L1

Proposed subdivision Lots 3 & 4 on RP710072 – 5 & 7 Thornber street, North Mackay

- Broadplan Property Consultants

Oct 2012

2. Endorsement of Survey Plan

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

3. Compliance with Council Standards

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

4. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawings(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

5. Conflict between plans and written conditions

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

6. Deleted 7. Deleted 8. Deleted 9. Deleted 10. Deleted



Page 2 of 4

11. Deleted 12. Visual Screen Fence

A visual screen fence between proposed Lots 1 and 2 must be constructed. The screen fence must be a minimum height of 1.8m. Furthermore, the fence must be tapered to a height of 1.2m within 6m of the front alignment. The total cost of this fencing to be met by the Developer. The existing fence must be realigned to be outside of the proposed sewer easement in accordance with the plans of development.

13. Deleted 14. Deleted 15. Deleted 16. Deleted 17. Deleted 18. Deleted 19. Deleted 20. Sewerage

A sewer easement must be provided in accordance with Council’s Engineering Design Guideline – planning Scheme Policy No. 15.14 “Sewerage System Design”.

21. Deleted 22. Deleted 23. Deleted 24. Deleted 25. Damage

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



Page 3 of 4

ASSESSMENT MANAGER’S ADVICE 1. Deleted

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

440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

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

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

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

Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

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

Part 3B of the Environmental Protection Act 1994. 7. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section

31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.



Page 4 of 4

8. Contaminated Land

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

9. Deleted


I

--4

.

Clc The Chief Executive Officer

Mackay Regional Council

PO Box 41

Mackay Qld 4740

Copy

For your information and action as required.

~

31 October 2012

Our Ref:

.Queensland Government

Department of

Transport and Main Roads

830/213 RMY:aew (P1 02579) DC9041 2110

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.

.

.Queensland Government

31 October 2012

Broadplan Property Consultants

1 Upton Avenue

ANDERGROVE OLD 4740

Department of

Transport and Main Roads

Dear Sir

REQUEST TO CHANGE AN EXISTING APPROVAL

Mackay Regional Council: Rockleigh - North Mackay Road (531)

Proposed Reconfiguration of a Lot - 2 lots into 3 urban residential lots

Applicant Name: NPMG Pty Ltd

Application No: Da-2009-316

Lot 3 & 4 on RP701072

Situated at 5 & 7 Thornber Street, North Mackay

Thank you for your letter dated 25 October 2012 requesting Transport and Main Roads

comments on the proposed Request to Change an Existing Approval (DA-2009-316).

The department has reviewed the proposed amendments to change the application to a

Boundary Realignment (2 Lots into 2 Lots). In accordance with s373 of the Sustainable

Planning Act 2009, please be advised that the department has no objections. Our Referral

Agency’s Response (no requirements) dated 3 September 2009 will still apply.

A copy of this letter has been sent to Mackay Regional Council for their information.

o

Clc Mackay Regional Council

Department of Transport and Main Roads

Program Delivery & Operations

MackaylWhitsunday Region, Mackay Office

46 Gordon Street Mackay Queensland 4740

PO Box 62 Mackay Queensland 4740

ABN 57 836 727 711

Our ref

Your ref

Enquiries

Telephone Facsimile

Website

Email

830/213 RMY:aew(P102579) DC9041 2110

DA-2009-316

Ross Young +61 74951 8532

+61 74951 8500

www.tmr.qld.gov.au

[email protected]

G \Road Corndor\Corndor Managernent\Dev Assessment\Shlle\Mackay\531_NPMG_211 0\RTC_3RP701 072_NPMG_MRC531_1 012 doc



kathryng

Manual DA & Date

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

465 Appeals about decisions relating to extensions for approvals (1) For a development approval given for a development application, a person to whom a

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

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

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

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

decision on the matter should have been made. 466 Appeals about decisions relating to permissible changes (1) For a development approval given for a development application, the following persons

may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager for the

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

notice about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given

notice of the decision on the request under section 376. (3) Also, a person who has made a request under section 369 may appeal to the court

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

decision on the matter should have been made. 467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

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

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

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

decision is given to the person.


broadplan property consultants 1 upton ave · property consultants oct 2012 6. water and sewerage...

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