gros-dubois investments pty ltd - mackay council · assessment manager conditions . application...

YOUR REF:- 110203-1 OUR REF:- DA-2009-380/A

5 January 2012 Gros-Dubois Investments Pty Ltd C/- RPS PO Box 1895 MACKAY QLD 4740 Dear Sir/Madam AMENDED COMPILED DECISION NOTICE Applicant: Gros-Dubois Investments Pty Ltd Proposal: Request to Change Plan of Development - Material Change of

Use - Preliminary Approval for a Locality Concept Plan over the subject site in accordance with the Eulbertie Park Plan of Development; and Development Permit for Service Industry Use Group except where amended by conditions of approval and in accordance with the provisions of the Eulbertie Park Plan of Development as Approved by Council (MCI-2000-30) issued 17 December, 2003.

Application Number: DA-2009-380/A Address: 12 Carl Street, RURAL VIEW QLD 4740 Property Description: Lot 14 on SP210483

Your request for a Change of Plan of Development, lodged on 10 November 2011 to amend DA-2009-380 approved on 29 January 2010, was considered by Council’s Manager Development Assessment under section 369 of the Sustainable Planning Act. Acting under delegated authority on the 20 December 2011, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. Please find enclosed the above Decision Notice with the relevant attachments: Amended Compiled Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to commence Use If you require any further information please contact John Caldwell

AMENDED COMPILED DECISION NOTICE Sustainable Planning Act

Application Number: DA-2009-380/A

Date of Decision: 20 December 2011

1. APPLICANT/S DETAILS

Name: Gros-Dubois Investments Pty Ltd

Postal Address: C/- RPS

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 12 Carl Street, RURAL VIEW QLD 4740

Property Description: Lot 14 on SP210483

3. OWNER’S DETAILS

Gros-Dubois Investments Pty Ltd

4. PROPOSAL

Request to Change Plan of Development - Material Change of Use - Preliminary Approval for a Locality Concept Plan over the subject site in accordance with the Eulbertie Park Plan of Development; and Development Permit for Service Industry Use Group except where amended by conditions of approval and in accordance with the provisions of the Eulbertie Park Plan of Development as Approved by Council (MCI-2000-30) issued 17 December, 2003.

5. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use (Locality Concept Plan) Preliminary Approval

Material Change of use (Service Industry Use Group) Development Permit

Pursuant to the Mackay City Planning Scheme

Approved in Full subject to Conditions


6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed:

Condition 2 – Amended Condition 3 – Deleted Condition 6 – Deleted Condition 15 – Amended Condition 16 – Amended Condition 20 – Deleted Condition 26 – Deleted Assessment Managers Advice 8 - Amended

All remaining conditions remain unchanged as per 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

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Operational Works - Development Permit Building Works - Development Permit Plumbing and Drainage Works - Compliance Permit

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

5/1/2012

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2009-380 Applicant’s Name: Frederic J Gros-Dubois Decision Date: 20 December 2011

Page 1 of 7

1. Eulbertie Park Planning Scheme

The site shall be developed generally in accordance with the Plan of Development which forms part of this application except where otherwise specified by any condition of this approval. For the sake of simplification the Negotiated Decision Notice issued 17 December 2003 and associated documents shall be referred to as the Eulbertie Park Planning Scheme (EPPS).

2. Plan of Development

The approved Service Industry Use development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing Number

Revision Prepared by Date

696-DD01 H GGI Architects October 2011 696-DD02 H GGI Architects October 2011 Locality Concept Plan no 1 B

Figure 2 version 1

Humphreys Reynolds Perkins

9/2/2010

3. Deleted 4. Approved Uses

The development is approved for the following activities within the Service Industry Use Group: • Bulk Store • Car Repair Workshop (limited approval) • High Technology Services • Showroom - Machinery • Service Industry • Warehouse Any other use either defined or not within the Eulbertie Park Plan of Development will require a separate Development Application for a Material Change of Use.

This is a Mackay Regional Council digitally signed document


Page 2 of 7

5. Limited Approval for Car Repair Workshop This approval for a Car Repair Workshop use is limited to tenancies one and

two in accordance with the recommendations of the acoustic report. A Car Repair Workshop is not permitted in tenancies three to five without a further Material Change of Use application to Council. This approval does not take account of the Environmentally Relevant Activity licence required by such an activity and is therefore subject to further approval by Council.

6. Locality Concept Plan

Deleted 7. Parkland Contribution

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 4.08 EP’s less a credit of 2.8EPs.

8. Transport Network Contributions

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions. The transport network contribution will be applied based on an additional 67.48 vehicle movements per day (vpd’s) less a credit of 6.5vpds.

9. Contributions Payment Timing

All contributions and charges must be paid prior to the date of issue of the Development Permit for Building Works at the rate applicable at the time of payment.

10. Provision of Buffer Zone

A buffer zone of 5 m shall be provided for the full length of the eastern boundary, comprising 4m of vegetated landscaping and 1m of all weather path for maintenance purposes only. This area shall not be used for any other purpose.



Page 3 of 7

11. Fire Doors Written confirmation from the building certifier is required at the time of

building works that the fire doors to the rear of the building are required under the Building Act and associated fire safety provisions. If fire doors are not required by the Building Act they are to be removed from the plans.

If fire doors are required they shall be limited to one door per tenancy. Any

fire doors opening to the buffer area shall remain closed at all times. The pathway shall also remain clear at all times. No storage of goods shall occur in this area or activity which may generate noise audible by the residential properties to the rear. .

12. Landscape Plan Required

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

are to be carried out; • Plant schedule detailing number of plants, species, pot size and height

at planting; • Details of soil and mulch types, including depths, areas of turf, garden

edges and paving finishes; • Details of the irrigation system; • A dense visual buffer to the rear 4m of the allotment Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

13. Landscaping to Buffer Area

A proportion of tree species selected for the buffer zone to the east must reach 6m at maturity so that the roof line is shielded from residential properties and maximum noise and visual impact are mitigated. These trees shall be semi-mature at the time of planting to provide some buffering at the commencement of use. The landscaping plans shall show significant number of trees at 100L pot size to facilitate immediate buffering. The landscaping design, nominated pot size and species selection shall together be able to demonstrate the buffering function.

14. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site.



Page 4 of 7

15. Compliance with Acoustic Report Unless otherwise specified by the conditions of this approval,

recommendations and assumptions relied upon contained in the acoustic report by Alpha Acoustics dated 16 May 2011 are to be incorporated into the design of the development. This includes:

• Minimum thickness of the concrete tilt-panel walls of 150mm; and • Provision of a 2.4 metre high acoustic barrier along the southern

boundary as detailed in section 7.1 of the report; and • Appropriate acoustic rating of Rw30 (minimum) for treatment of any

openings in the external walls or roof ; as detailed in section 7.2 of the report; and

• No mechanical plant is to be positioned so as to be visible from residential properties to the east either in the car park or surrounding pathways and there should be no line of sight between the mechanical plant and a nearby sensitive receiver as detailed in section 7.3 of the report; and

• Acoustic insulation is to be installed in tenancies one and two as described in section 7.4 (50mm thick and 25kg density) of the report; and

• An on-site speed limit of 10 kph shall be signposted at the entrance to the property as detailed in section 7.5 of the report..

16. Acoustic and Screen Fencing

An acoustic screen fence with a 2.4m height above the Finished Surface Level of the development and in addition to any retaining wall or fill, must be constructed on the southern boundary between the two buildings and the childcare centre as per the recommendations of the Acoustic Report A screen fence of 1.8m is to be constructed for the full length of the eastern boundary and the first 20m of the northern boundary from the north east corner. This fence will be in addition to any retaining wall to ensure the privacy and amenity of adjoining properties is maintained and to assist with noise mitigation.

17. Waste Storage Area

The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.



Page 5 of 7

18. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, line marked and drained for a minimum of 22 car parking spaces in accordance with the approved plan and maintained thereafter. The car parking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles.

19. Protection of Landscape areas from Car parking

The landscaped areas adjoining the car parking area must be protected from vehicles by a 150 mm high vertical concrete kerb or similar obstruction

20. Deleted

21. Finished Floor Level

The floor level of the proposed development must be: (a) The higher of: • 300 mm above the Q100 flood level • 300 mm above the top of kerb • 300 mm above the crown of the road • 225 mm above ground level; and

(b) A maximum of RL16.2 AHD

22. Nuisance to Neighbouring Properties

All service equipment, lighting and air-conditioning units shall be located so as not to cause a nuisance to neighbouring properties. In addition, no compressors, plant or equipment shall be mounted on the roof of tenancies one or two.

23. Compliance with conditions All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

24. Maintenance of Development

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



Page 6 of 7

25. Conflict between plans and written conditions

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

26. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).Council agrees that the relevant period before this approval lapses is 2 years after the issue of a Operational Works development permit if a operational works application is lodged with Council by the 29/4/2012, otherwise the approval will lapse on the 29/1/2014.

27. Damage

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

ASSESSMENT MANAGER’S ADVICE 1. Local Laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

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

440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause 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.

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

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



Page 7 of 7

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

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

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

Part 3B of the Environmental Protection Act 1994. 6. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section

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.

7. Summary of Developer Contributions as at date of approval. 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

Parks Catchment 2

Industrial Uses 20.4EP/ha = 20.4 x .2ha = 4.08 EPs with a credit of 2.8 EPs

1.28 EPs

Transport Network

City Wide 3.5 vpds per 100m2 of TUA 2007m2 - landscaping + mezzanine = 1928m2 TUA TUA/100 = 19.28 x 3.5 = 67.48 vpds with a credit of 6.5vpds

61 vpds

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. 8. Deleted


COPYRIGHT RETAINED

Service Industrial Development - Rural View696 DD-01 October 2011

PRINTED: 4/10/2011 @ 4:17 PM Original Sheet Size - A1

FOR DASUBMISSIONS

4/10/2011 @ 4:17 PM

T1

T3

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windowwindow

windowwindow

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win

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window with acoustic treatment

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21.2 m2

73.8 m2

Concrete retaining wallwith timber paling fenceon top

Concreteretaining wall

Acoustic barrier

Turning Bay

26.3455° 44'

78.3

6027

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180° 03'20.270

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CARL STREETLot 14 on SP210483Site Area 2007m²

PYLONSIGN

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Tenancy Area

Tenancy Ground First Total

T1 232.2 m² 21.2 m² 253.40 m²

T2 190.6 m² 78.8 m² 269.40 m²

T3 130.90 m² 50.0 m² 180.90m²

T4 130.0 m² 50.0 m² 180.00 m²

T5 130.90 m² 50.0 m² 180.90 m²

1064.60 m²

Site Density

Building Area 814.50 m²

Site Area 2007 m²

Density 40.6%

1 space per 50 m² GFA 22 carparks

rolle

r doo

r4.

3m w

ide

3m Offset

Landscaping

Min Required 200.7 m²Provided (approx) 302.0m²

LANDSCAPE

OFFICEOVER

Site Details

Levels

General Site Level RL 16.000 AHDBuilding Level RL 16.200 AHD

CONCRETE PATH

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C A R L STREET

HOIST - 44M X 6M

HOIST - 54M X 6M

HOIST - 14M X 6M

HOIST - 24M X 6M

HOIST - 34M X 6M

Mezzanine over

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Showroom Space

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STORMWATERRETENTION TANKS.SIZE AND LOCATIONTO BE CONFIRMED

First FloorScale 1:2002

Site PlanScale 1:2001

HThis is a Mackay Regional Council digitally signed document

desleyh

Manual DA & Date

COPYRIGHT RETAINED

Service Industrial Development - Rural View696 DD-02 October 2011

PRINTED: 4/10/2011 @ 4:02 PM Original Sheet Size - A1

FOR DASUBMISSIONS

4/10/2011 @ 4:02 PM

3,00

04,

100

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2,140 5,270 150 5,850 3,000 3,000 11,340 25,530 8,535 1,200

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height line of existingground level

height of existing groundlevel to top of parapet wall

Ground FloorRL 15,600


First FloorRL 18,600


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RL 23,150





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Northern ElevationScale 1:1001

Eastern ElevationScale 1:1004

Southern ElevationScale 1:1002

Western ElevationScale 1:1006

Western Elevation 2Scale 1:1005Eastern Elevation 2

Scale 1:1003

HThis is a Mackay Regional Council digitally signed document

desleyh

Manual DA & Date

Maximum building height within the Locality Concept Plan No.1

is to be 10 metres (measured from ground level to the underside of the

eaves or ceiling of the topmost level).

A R A N A

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PROPOSED INDUSTRIAL DEVELOPMENT - EULBERTIE PARK ESTATE

CARL STREET, EIMEO

LOCALITY CONCEPT PLAN No.1B

LEGEND

FILENAME

JOB NO.

SCALE

LOCALITY CONCEPT PLAN

HUMPHREYS REYNOLDS PERKINS NORTH QUEENSLAND

Existing Cadastral Boundary

Service Industry Use Group

Community Services Use Group

Pedestrian Path

Locality Concept Plan No.1 Boundary

Vegetation Buffer

Service Industry Use Group(Restricted to Bulk Store, Car Repair Workshop,High Technology Services, Showroom-Machinery,Service Industry, Warehouse)

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Manual DA & Date

COMPILED DECISION NOTICE Sustainable Planning Act

NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2009-380/A

Date of Approval 20 December 2011

Approved Request to Change Plan of Development - Material Change of Use - Preliminary Approval for a Locality Concept Plan over the subject site in accordance with the Eulbertie Park Plan of Development; and Development Permit for Service Industry Use Group except where amended by conditions of approval and in accordance with the provisions of the Eulbertie Park Plan of Development as Approved by Council (MCI-2000-30) issued 17 December, 2003.

Location 12 Carl Street, RURAL VIEW QLD 4740

Property Description Lot 14 on SP210483 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Gros-Dubois Investments Pty Ltd Address: C/- RPS PO Box 1895 MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


COMPILED DECISION NOTICE Sustainable Planning Act

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.


gros-dubois investments pty ltd - mackay council · assessment manager conditions . application...

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