douglas shire council decision under delegated … · 2020-01-23 · doc id 880805 rol 2918/2018...

DOUGLAS SHIRE COUNCIL DECISION UNDER DELEGATED AUTHORITY

Doc 880729

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20 November 2018

Enquiries: Jenny Elphinstone Tel 07 4099 9482

Our Ref: ROL 2918/2018 (Doc ID 880805) Your Ref:

Mr Paul Christie and Ms Claire Donnelly PO Box 424 PORT DOUGLAS QLD 4877

Dear Sir/Madam

DEVELOPMENT APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS)

AT 9 SPINNAWAY CLOSE, PORT DOUGLAS

ON LAND DESCRIBED AS LOTS 0, 1 AND 2 ON BUP70674

Council refers to the above development application lodged with Council and as properly made on

the 2 November 2018.

Please find attached the Decision Notice for the above-mentioned development application.

Please quote Council’s application number: ROL 2918/2018 in all subsequent correspondence

relating to this development application. Should you require any clarification regarding this, please

contact Jenny Elphinstone on telephone 07 4099 9482 or at [email protected] .

Yours faithfully

PAUL HOYE Manager Sustainable Communities encl.

Decision Notice

Approved Plans

Infrastructure Charges Notice

Applicant’s Rights to make representations and applicant’s appeal rights.

mailto:[email protected]

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DOUGLAS SHIRE COUNCIL

DECISION NOTICE — APPROVAL (WITH CONDITIONS)

(GIVEN UNDER SECTION 63 OF THE PLANNING ACT 2016)

Thank your for your development application detailed below which was properly made on the

2 November 2018. Please be aware that Douglas Shire Council has assessed your application

and decided it as follows.

1. Applicant’s details

Name: Paul Christie and Claire Donnelly

Postal Address: PO Box 424

Port Douglas Qld 4877

2. Location details

Street address: 9 Spinnaway Close, Port Douglas

Real property description: Lots 0, 1 and 2 on BUP 70674

Assessment Manager: Douglas Shire Council

3. Details of the proposed development

Reconfiguration of a Lot (1 into 2 Lots).

4. Decision

Decision details: Development Permit approved in full with conditions. These conditions are set out in Schedule 1

Reasons for supporting the decision, despite the conflict with benchmarks – as tabled below.

Decision Date: 20 November 2018

5. Approved plans and specifications

Copies of the following plans, specifications and/or drawings are enclosed.

Drawing/report title

Prepared by Date Reference no. Version/issue

Proposed Layout Plans

Applicant Undated -as submitted to Council on the 2 November 2018 October 2018

Refer to Council document ID 878992

N/A

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6. Further development permits

Please be advised that no further development permits are required. However, all Plumbing and Drainage Work must only be carried in compliance with the Queensland Plumbing and Drainage Act 2002. A plumbing approval is necessary for the additional connections to

Council’s water supply and sewer service.

7. Properly made submissions

Not applicable — No part of the application required public notification.

8. Referral agencies for the application

Not applicable

9. Currency period for the approval

This approval, granted under the provisions of the Planning Act 2016, shall lapse four (4)

years from the day the approval takes effect in accordance with the provisions of Section 85 of Planning Act 2016.

10. Reasons for decision

The reasons for this decision are:

A. Sections 60 and 63 of the Planning Act 2016:

1. The conditions and advices as per Schedule 1;

2. To ensure the development satisfies the benchmarks of the 2018 Douglas Shire

Council Planning Scheme; and

4. To ensure compliance with the Planning Act 2016.

B. Findings on material questions of fact:

1. The application was properly lodged to the Douglas Shire Council on the

2 November 2018 under section 51 of the Planning Act 2016;

C. Evidence or other material on which findings were based:

1. Council undertook an investigation of assessment of the development, against

the State Development Requirements and the 2018 Douglas Shire Council

Planning Scheme in making its assessment manager decision;

2. Council undertook an assessment in accordance with the provisions of section 60

of the Planning Act 2016; and

3. The following findings are made:

a. Subject to amended assessment manager’s conditions the development

satisfactorily meets the State Planning Policy considerations and the 2018

Douglas Shire Council Planning Scheme requirements sufficient for the

assessment of the applications against section 60 of the Planning Act 2016.

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b. In regards to Section 63(iii)(e) of the Planning Act 2016:

Benchmark reference Reasons for the approval or

approval subject to conditions

despite non-compliance with any of

the benchmark.

Flood and Storm Tide Overlay

PO1 Development is located and designed to:

ensure the safety of all persons;

minimise damage to the development and contents of buildings;

provide suitable amenity;

minimise disruption to residents, recovery time, and rebuilding or restoration costs after inundation events.

Note – For assessable development within the flood plain assessment sub-category, a flood study by a suitably qualified professional is required to identify compliance with the intent of the acceptable outcome.

The development is considered to

comply with the performance

outcome as there is no change to

existing conditions.

11. Rights of appeal

The rights of applicants to make representations and rights to appeal to a tribunal or the Planning and Environment Court against decisions about a development application are set out in Chapter 6, Part 1 of the Planning Act 2016.

Schedule 2 includes extracts from the Development Assessment Rules and the Planning Act 2016 that sets down these rights.

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SCHEDULE 1 CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER

PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:-

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval

Timing of Effect

2. The conditions of the Development Permit must be effected prior to the lodgement of the Plan of Survey to the Chief Executive Officer for endorsement, except where specified otherwise in these conditions of approval.

Internal Wall and Easement

3. a. Install a fire wall in the ceiling of the premises to enable suitable fire separation. This work must be undertaken as pert of a Development Permit for Building Work and evidence of a suitable final inspection must be provided prior to the lodgement of the Plan of Survey to the Chief Executive Officer for endorsement.

b. Provide a reciprocal easement over the central shared wall. The easement documentation must be included with the Plan of Survey lodged with the Chief Executive Officer for endorsement.

Water Supply and Sewerage Works

4. Provide a sewer connection (cut in a new house connection branch) and a water supply connection to the existing development to ensure each new lot has separate and independent connections and metering.

All the above works must be designed and constructed in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer and must be completed prior to the lodgement

Existing Electricity and Telecommunications Services

5. Written confirmation of the location of existing services for the land must be provided. In any instance where existing services are contained within another lot, the following applies, either:

a. Relocate the services to comply with this requirement; or

b. Arrange registration of necessary easements over services located within another lot prior to, or in conjunction with, the lodgement of the Plan of Survey to the Chief Executive Officer for endorsement.

PART 1B – ADVICE NOTES

1. This approval, granted under the provisions of the Planning Act 2016, shall lapse four (4)

years from the day the approval takes effect in accordance with the provisions of Section 85 of the Planning Act 2016.

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2. All building site managers must take all action necessary to ensure building materials and/or machinery on construction sites are secured immediately following the first potential cyclone warning and that relevant emergency telephone contacts are provided to Council officers, prior to commencement of works.

3. The current FNQROC Development Manual (Version 7) Standard Drawings for vehicle access crossovers and driveways are included in Schedule 2. Note a development permit for operational work is required where these required works are inconsistent with the FNQROC Development Manual.

4. This approval does not negate the requirement for compliance with relevant Local Laws and statutory requirements. Infrastructure Charges Notice

5. A monetary contribution to Council towards the provision of infrastructure is required in accordance with the Infrastructure Charges Notice attached to this decision. The contribution payable will be in accordance with the Planning Scheme Policy.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to lodgement of the Plan of Survey to the Chief Executive Officer for endorsement.

The applicant’s rights to make representations and rights to appeal regarding the adopted charges notice are included in Schedule 4.

7. For information relating to the Planning Act 2016 log on to www.dsdmip.qld.gov.au. To

access the FNQROC Development Manual, Local Laws and other applicable Policies log on to www.douglas.qld.gov.au .

http://www.dsdmip.qld.gov.au/

http://www.douglas.qld.gov.au/

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Attachment 1 Approved plans and specifications

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Attachment 2 Infrastructure Charges Notice