minute manager 2 - mackay council · in multi-sport use of the facilities and also allow the norths...

FINAL MINUTES

20 August 2008

FINAL MINUTES WEDNESDAY 20 AUGUST 2008

MIN/06.08.2008 FOLIO 1324

Table of Contents

Folio Date Particulars 1325 20.08.08 Ordinary Meeting 1339 20.08.08 Remission for Non-Profit Community Organisations Policy

CS06 1342 20.08.08 Conservation Strategy Policy CS07 1348 20.08.08 Rates Relief Policy CS08 1354 20.08.08 Discount on Rates after Discount Date Policy CS09 1451 20.08.08 Mackay Entertainment Centre Performance Management

Report - July 2008 1458 20.08.08 Aquatic Facilities Performance Management Report - July

2008 1464 20.08.08 Mackay Water & Waste Performance Management Report -

July 2008 Declaration of Material Personal Interest

Nil


MIN/06.08.2008 FOLIO 1325

ORDINARY MEETING MINUTES

1. ATTENDANCE:

His Worship the Mayor, Cr C Meng (Chairperson), Crs P F Steindl, G R Christensen, D T Comerford, D J Perkins, D R Hatfield, D E Camilleri, W A Cameron, G R Thomsen and K J Casey were in attendance at the commencement of the meeting. Also present was Mr P Franks (Chief Executive Officer) and Ms D Jeffery (Minute Secretary).

The meeting commenced at 10:12am.

2. APOLOGIES:

THAT an apology on behalf of Cr K L May be accepted.

Moved Cr Casey Seconded Cr Comerford

CARRIED

3. CONDOLENCES:

Nil.

4. CONFIRMATION OF MINUTES:

4.1 ORDINARY MEETING MINUTES - 6 AUGUST 2008

THAT the Minutes of the Ordinary Meeting held on 6 August 2008 be confirmed.

Moved Cr Christensen Seconded Cr Cameron

CARRIED

4.2 SPECIAL BUDGET MEETING MINUTES - 5 AUGUST 2008

THAT the Minutes of the Special Budget Meeting held on 5 August 2008 be confirmed.

Moved Cr Thomsen Seconded Cr Christensen.

CARRIED


MIN/06.08.2008 FOLIO 1326

5. BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING:

Nil.

6. MAYORAL MINUTES:

Nil.

7. CORRESPONDENCE AND OFFICERS’ REPORTS:

7.1 DISPOSAL OF LAND - PART OF LOT 32 ON RP 728823

File No 728823-016-RP-1 Author Manager Recreational Facilities & Property

Purpose

For Council to consider a request from the owners of 32 Gunsynd Street, Ooralea for the purchase a small section from Council owned land described as Lot 32 on RP 728823.

Background/Discussion

Stuart and Deanna Hart are the owners of 32 Gunsynd Street (Lot 16 on RP 728823) which backs onto Council owned freehold property Lot 32 on RP 728823 used for open space/drain purposes. Mr and Mrs Hart recently had a new block shed constructed at the back of the property. Despite survey pegs being installed to mark the rear boundary the builders inadvertently constructed the shed which now encroaches on Council property by approximately 200mm. The shed was constructed in accordance with Council’s development approval DA 2007-13, however can not receive building certification given the known encroachment issue. Mr and Mrs Hart have approached Council to purchase an area of approx 4.2m2 in total being 0.2m deep along the full length of the rear boundary and have it amalgamated into their land in order to compensate for the encroachment onto Council land. They have provided Council with a copy of the proposed Survey Plan for Council consideration. A copy of that plan is attached. Under Section 491 of the Local Government Act 1992, Council is obliged to call tenders for the sale of this land, however Section 492(e) gives an opportunity for the Minister to exempt Council from this requirement. This type of request has been successfully made previously by Council to the Minister for instances of a similar nature. The shed in question is quite large (84m2), and is of substantial constructing being a concrete block shed not colourbond. The initial advice on the understanding that the shed was a standard


MIN/06.08.2008 FOLIO 1327

colourbond construction was for it to be moved however following inspection this is not a practical solution. To allow the land transfer to occur an application for a reconfiguration of lot by boundary realignment would be required to be made to Council’s Planning area.

Consultation

The Manager Recreational Facilities & Property has visited the property to view the situation first hand and it is considered that the most appropriate option to fix the encroachment situation is to undertake the land transaction and boundary realignment. Manager Technical Services also indicated that no foreseeable problem with the balance of Lot 32 on RP 728823 would be experienced if Council transferred the small identified area. Comment was received from Council’s Planning area stating that subject to receipt of the necessary application that there appeared to be no foreseeable issues with a reconfiguration of lot by boundary realignment in this situation.

Resource Implications

Nil.

Conclusion

Due to the circumstances of the situation and the fact that it would appear to be a genuine mistake, it is suggested that Council agree to apply for the necessary Ministerial Exemption to sell the area of 4.2m2 to the owners of property described as Lot 32 on RP 728823 at a reasonable and fair property value, with all associated costs to be the responsibility of the property owners(including survey costs, and Planning application fees). Any monetary return to Council would be minimal given the very small area of land involved, and a nominal amount of $500 would more than cover the value of the land. This matter would be clarified via a valuation comment prior to application to the Minister. Council Resolution

General Manager's Recommendation

THAT Council apply to the Minister for Local Government for exemption from tendering for the sale of land as per section 492(e) of the Local Government Act 1993 and agree to dispose of an area of approx 4.2m2 from Lot 32 on RP 728823 to the property owners of Lot 16 on RP 728823, subject to all associated costs being borne by the property owners and subject to a successful application being made by the property owners for a reconfiguration of lot by boundary realignment.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Christensen Seconded Cr Steindl

CARRIED


MIN/06.08.2008 FOLIO 1328

7.2 MACKAY WANDERERS FOOTBALL CLUB INC SUB-LEASE TO MACKAY TAE KWON DOE CLUB AND NORTHERN SUBURBS CRICKET CLUB

File No 900245-901-RP-1; 892821-012-RP-1 Author GENERAL MANAGER COMMUNITY PROGRAMS

Purpose

To consider a joint request from the Mackay Wanderers Football Club Inc and Northern Suburbs Cricket Club Inc for the amendment of the current leased area to Wanderers Football and the issue of a sub-lease to the Norths Cricket for the Reserve officially known as Eaglemount Heights Park.


Mackay Wanderers Football Club Inc (formerly Wanderers Soccer Club Mackay Inc) presently holds a Lease over a 9.15 hectare section of a Park and Recreation Reserve described as Lot 901 on RP 900245 and Lot 12 on RP 892821, officially known as Eaglemount Heights Park. This Lease is a standard Trustee Permit Lease, issued by Council with the approval of the Department of Natural Resources and Water, with the Lease commencing on the 1 May, 1997 and terminating on the 30 April, 2017. At the time of the issue of the Lease the area was undeveloped. Since that issue, Wanderers Football have undertaken extensive development works to the area, in particular the development of playing fields and associated infrastructure. Wanderers Football advise that they have always encouraged substantial public use of the area when not in use by itself and over the years have had an informal agreement with Norths Cricket and the Mackay Tae Kwan Doe Club to use the facilities. Currently Norths Cricket utilise a section of the leased area for practice nets, and the Tae Kwon Doe Club utilise the Club House for training purposes. Mackay Wanderers Football Club is now looking at formalising the agreement with Norths Cricket via a Sub-Lease. This would allow an increase in multi-sport use of the facilities and also allow the Norths Cricket to make funding application for further development of the grounds. Wanderers Football believe that the relationship with Norths Cricket has been beneficial and they are now interested in making a commitment over the section of the Reserve to install a cricket wicket and field. However, in order for the accommodation of a cricket oval with existing and proposed playing fields it would mean an increase to the current leased area. This increase of area is approximately 7,800 sq m. A copy of Wanderer’s proposed Management Plan for the area, inclusive of proposed lease boundaries, is attached for information. The current lease is a standard “community” type lease inclusive of peppercorn rental and other like conditions. It is proposed that any new lease and sub-lease would be on the same basis.


MIN/06.08.2008 FOLIO 1329

An amendment to the area of a lease is not legally possible therefore, to achieve an amendment to a lease area the current lease needs to be surrendered and a new lease entered into.

Consultation

Given that the area is a Reserve for which Council is the Trustee, final approval of any Lease rests with the Department Natural Resources and Water. Such approval is usually sought following Council resolution, drafting of the Lease document, and submission of a Management Plan for the area. Council Policy AD01 – Council Land – Leases, has a requirement for public consultation where the lease area is in close proximity to residential areas. As the area in question has been used for sporting purposes for many years and is not a “new” development, it is considered that public consultation is not required in this instance. This is in line with the Policy itself, which was drafted following issues with sporting lease developments on a “Greenfield” site adjacent to a residential area. Wanderers Football undertook public consultation prior to the issue of the original lease. The proposed new developments are simply for open playing fields.


Encouragement should be given to groups who are willing to work together in the use of Council Reserve areas. As combined groups they have a better chance of resourcing maintenance needs, and also of obtaining funding grants. This will mean better facilities for all groups than could be achieved individually, and in turn improved facilities for the general public given that the playing facilities are utilised by the general public when not in use by the lessee. This further development means that the reserve will be used all year round, instead of sitting idle during the summer months. Wanderers Football currently successfully maintains (mow) their lease area. In so doing, Council is not required to maintain (mow) what would otherwise be a general Park. Any extension to the lease area would reduce the area required to be mown by Council.

Conclusion

Council’s approval for a new Lease and Sub-Lease over the area will result in the combined resources of the groups to enhance development of the area, and will also promote diverse and increased usage.


THAT Council approve a new Lease to Mackay Wanderers Football Club Inc over an area of approx 10 hectares from within the Reserve on Lot 901 on RP 900245 and Lot 12 on RP 892821 for a term of twenty (20) years, subject to the approval of the Department of Natural Resources and Water. FURTHER THAT Council approve the issue of a Sub-Lease from Mackay Wanderers Football Club Inc to Northern Suburbs Cricket Club Inc over an area of approx 2.5


MIN/06.08.2008 FOLIO 1330

hectares for a term of twenty (20) years, subject to the approval of the Department of Natural Resources and Water. AND THAT the existing Lease to Mackay Wanderers Football Club Inc, be surrendered to allow the new Lease and Sub-Lease to be entered into.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Steindl Seconded Cr Cameron

CARRIED

7.3 LEASE OF LAND FOR EXTRACTED SAND STORAGE PURPOSES

File No MRC 2008-047, 003482-572-CI-1 Author Manager Recreational Facilities and Property

Purpose

To consider submissions as received via a public Request for Proposal process, and to recommend the issue of two (2) Leases.


Council is the Trustee of the Reserve for Local Government Purposes being Lot 572 on CI 3482 (Reserve adjacent to the Ron Camm Bridge). Within the Reserve two (2) separate areas have been utilised for many years by the businesses operating the sand extraction activities from the Pioneer River. Whilst the removal processes are licensed (EPA Licences) no formal Council consent has been given for the storage or other activities presently undertaken within the Reserve. It is a Council condition attaching to the EPA sand extraction permit that sand is to be stored for a minimum of seven (7) days to ensure that wet and therefore excessively heavy sand loads are not transported across Council roads. One operator has held a permit from the Department of Natural Resources and Water for an area, however the other has not held any formal permit or similar. Contact has been made with both the Department and the current operators advising of Council’s desire to formalise the stockpiling activities. The Department as land owners of the Reserve land have agreed and approved a standard form of Lease, and both operators have recognised the need for such a lease.


MIN/06.08.2008 FOLIO 1331

Public Requests for Proposals were called via advertisement in the Daily Mercury. Following closure at 2.30pm on Tuesday 20th May 2008 only two (2) submissions were received, being from the existing operators –

• Mackay Sand and Gravel Sales; and • AJK Contracting

Mackay Sand and Gravel currently occupy an area of approximately 2.6 hectares. Their historical activities appear to be somewhat more than simply stockpiling as on-site are stored a number of front end loaders and the like as well as screening plant. Their submission was at a price of $10,800 plus GST. AJK Contracting’s current permit from the Department covers an area of approx 90sqm. From inspection they use this area solely for stockpiling, with material left to dry and removed as required. Their submission was at a price of $1/sq m per annum plus GST, or $90/annum plus GST based on an area of 90 sq m. The term of Leases entered into were to be for a maximum period of three (3) years. As part of the submission process Council requested a number of items including a Site Based Management Plan, and a Certificate of Currency for Insurance purposes. These have been provided.

Consultation

Department of Natural Resources and Water as owners of the Reserve Land. Council’s Technical Services, Parks and Environment, Mackay Water, and Development Assessment – Planning functions have been consulted via internal land and road use consultation committee processes. Activities including road usage for cartage purposes are addressed via Council conditions attaching to the EPA extraction permit.


Any associated income from rentals has not currently been included in the current 2008/09 Budget.

Conclusion

The activities have been operating from the site for many years and no issue is seen with their continuation. Given the commercial aspect of the land use it would appear only appropriate that Council is able to charge a reasonable lease rental. Council Resolution


THAT Council accepts the following submissions for Lease of Land for Extracted Sand Storage Purposes within Lot 572 on CI 3482 and agrees to enter into leases with the below listed operators at the noted rates and conditions subject to the approval of lease conditions by the Department of Natural Resources and Water –


MIN/06.08.2008 FOLIO 1332

• Mackay Sand and Gravel a) Lease area of approx 2.6 hectares b) Lease rental $10,800/annum plus GST c) Maximum lease term of three(3) years

• AJK Contracting

a) Lease area of approx 90 sq m b) Lease rental $1/sq m/annum plus GST c) Maximum lease term of three(3) years

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Christensen Seconded Cr Casey

CARRIED

7.4 MACKAY HOST LIONS CLUB - ROCK POP MIME SHOW 2008

Author Manager Community Services and Events

Purpose

To seek Council approval for an out of round Community Grant application from Mackay Host Lions Club for the 2008 Rock Pop Mime Show.


The Mackay Host Lions Club, a not for profit service organisation, hosts the Rock Pop Mime Show on an annual basis. This event provides primary and high school students with a creative and artistic opportunities to perform in public. There is no entry fee for schools to enter, and there are no admission fees charged on the night. Food and beverage sales are managed by the Club, and all monies raised through this are given to local community organisations and charities. This community event is well supported with up to 10,000 people attending over the two nights. Historically the event is held at the Caneland Sound Shell on the second last Friday and Saturday nights in August. Council has been a supporter of this event by providing funding through the Community Grants Program to assist with operational costs and the provision of bins and labour for the cleanup of Caneland Park following each performance. In preparing the 2008 Rock Pop Mime Show the Mackay Host Lions Club made an approach in early 2008 to Council to book Caneland Soundshell. At that time the club was advised that the Caneland Soundshell would not be available due the construction of the Blue Water Lagoon. Club members were advised that an alternative venue should be sourced and were invited to


MIN/06.08.2008 FOLIO 1333

submit an application to the Community Grants and Sponsorship program to assist with the costs associated with the event. Since the completion of the Blue Water Lagoon, Mackay Host Lions Club have been advised that the 2008 Rock Pop Mime Show can be held at the Caneland Soundshell if the event is held later than the traditional date in August. The venue has now been booked for 12 September.

Consultation

The Mayor, Cr Christensen and General Manager Community Programs met with representatives of Mackay Host Lions Club to discuss options for the 2008 Rock Pop Mime Show.


The Mackay Host Lions Club has requested that Council consider an out of round application to the Sponsorship Program for $5,000.00 to assist with the costs of the 2008 Rock Pop Mime Show.

Conclusion

The Mackay Host Lions Club has a long history of hosting the annual Rock Pop Mime Show that provides a drug and alcohol free performance opportunity for school students from across the region. Council has been a supporter of this event through the Sponsorship Program for a number of years. Due to uncertainty around the availability of the Caneland Soundshell the club did not make application in February round of grants for financial assistance for the 2008 event. As the Blue Water Lagoon project is now complete and the Caneland Soundshell is available the club seeks Council support for the 2008 Rock Pop Mime Show. Council Resolution


THAT Council approves the application from the Mackay Host Lions Club for $5,000, with the funds being drawn from the Sponsorship Program.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Christensen Seconded Cr Cameron

CARRIED


MIN/06.08.2008 FOLIO 1334

7.5 SAFE COMMUNITIES

Author Manager Community Services and Events

Purpose

To seek Council support for the Re-Dedication of Mackay as a World Health Organisation Safe Community.


In August 2004 the Local Government Areas of Mackay and Whitsunday became Queensland’s first International Safe Communities, designated by the World Health Organisation (WHO) Collaborating Centre on Community Safety Promotion. The Mackay Whitsunday Safe Communities Project was established in 2000 as a response to the above average injury rates identified in the region. The International Safe Communities framework has proven to be an effective means of reducing injury throughout the world, and the criteria and processes of this framework have guided the activities of a number of Working Groups, which have addressed specific injury issues in our region. The WHO criteria on which the designation is based are:

1. An infrastructure based on partnership and collaborations, governed by a cross-sectional group that is responsible for safety and promotion in their community.

2. Long term, sustainable programs covering sexes and all ages, environments and situations.

3. Programs that target high–risk groups and environments, and programs that promote safety for vulnerable groups.

4. Programs that document the frequency and causes of injuries.

5. Evaluation measures to assess programs, processes and effects of changes.

6. Ongoing participation in National and International Safe Communities networks.

The strength of the Mackay model lies in the commitment of local organizations to the Network Support Group and the Working Groups, who all aim to reduce the rate of unintentional injury in our community. Council, as the community leader, is the entity that receives the recognition for the work of all members of the Safe Communities Project across the region. Council has the opportunity to use this status in all promotional materials relevant to Council and the region as well as an additional recruitment strategy. In order for Mackay to keep the WHO designation as a Safe Community it is a requirement that an application be made to the Collaborating Centre on Community Safety Promotion every five years for the project to be re-dedicated using the original designation criteria. The application needs to be prepared and submitted by August 2009.


MIN/06.08.2008 FOLIO 1335

Preparation of the submission will be the responsibility of the Network Support Group members, however to assist with the preparation of a quality, coordinated application, the network support group have requested assistance from Council. The request is for a staff member to assist in the preparation of the submission. It is anticipated that this would require a maximum of one day per week for six months prior to the submission of the application. In addition there will be a lodgment fee, currently $5,000.00, which covers the cost of the assessment process.

Consultation

Members of the Network support group, following a briefing to Councillors on Wednesday 16 July.


This request may need to be prioritized, however may be met within the capacity of the Community Development team. A lodgment fee of $5,000.00 will need to be allocated in the 2009/10 budget as the submission is due in August 2009.

Conclusion

Mackay has long been know as a community at the leading edge of innovation and leadership, which is evident in the fact that Mackay was dedicated as Queensland’s first World Health Organisation’s Safe Community. In order for Mackay to remain as a recognized Safe Community, an application for re-dedication is required to be made by August 2009. To ensure a quality, co-ordinated application Council can provide assistance to the Network Support Group through the provision of a staff member to assist with the preparation of the application. As Mackay Regional Council is seen as the Community Leader and therefore the organisation that receives the recognition of the work of the partnership, Council is requested to meet the lodgment fee. Resolution


THAT

1. Mackay Regional Council supports an application for Re-Dedication of the Mackay Safe Communities Project

2. The lodgment fee of $5,000.00 be referred to the 2009/10 budget deliberations.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Christensen Seconded Cr Perkins

CARRIED


MIN/06.08.2008 FOLIO 1336

7.6 ATTENDANCE AT THE 17TH INTERNATIONAL SAFE COMMUNITIES CONFERENCE - NEW ZEALAND

File No Conferences Author General Manager Community Programs

Purpose

To seek approval for Coordinator Community Development to attend the 17th International Safe Communities Conference in Christchurch, New Zealand on 20-23 October 2008.


In 2004, the former Mackay City Council was designated the first Queensland World Health Organisation’s Safe Community. The Community Development team, together with a number of community agencies was integral in achieving this milestone. Currently, Mackay Regional Council, through the Co-ordinator Community Development and the Mackay Safe Communities Project team is working its way through the process to be rededicated in 2009. The Mackay Safe Communities Project has produced work that is recognised Australia wide and internationally. These achievements will be highlighted by presentations at the Conference by Dr Dale Hanson and if attendance at the conference is endorsed, by the Co-ordinator Community Development. The Co-ordinator Community Development is the current chair of the Child Injury Prevention Working Group and has been a member of this group for four years. He is also the current chair of the Network Support Group, which is the overarching body for the Safer Communities Project. The Co-ordinator Community Development was been nominated by the Tropical Health Unit for a John Holland Group sponsorship to be the member of the Mackay Child Injury Prevention Working Group to attend this conference. The sponsorship is in the form of airfare and accommodation. The cost of the conference registration of NZ$985 can be met from the Community Development Training Budget. Under Section 24 of Local Government Finance Standards 2005, all overseas travel by Councillors or Council staff must be reported in the Council’s Annual report for that financial year, hence this has been referred to Council as in normal circumstances the Chief Executive Officer approves conference attendance. This request is supported by the Chief Executive Officer.

Consultation

Tropical Health Unit, Mackay ChIP working group, General Manager Community Programs, Chief Executive Officer


Conference registration of NZ$985


MIN/06.08.2008 FOLIO 1337

Conclusion

Given Mackay’s reputation in the field of safer communities and the endorsement of the ChIP Working Group for the Co-ordinator Community Development’s attendance at the Conference, it is recommended that Council endorse the Co-ordinator Community Development’s participation. Council Resolution


THAT the Co-ordinator Community Development be authorised to attend the 17th International Safe Communities Conference in Christchurch, New Zealand on 20-23 October 2008.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Hatfield Seconded Cr Comerford

CARRIED

7.7 POLICY FOR REMISSION FOR NON-PROFIT COMMUNITY ORGANISATIONS

File No Rates & Charges – General Policies Author General Manager Corporate Services

Purpose

To present before Council a Policy to provide the framework for allowing Remissions to Non-Profit Community Organisations.


The guidelines for this remission has until this year been included as part of Mackay City Council’s Revenue Policy. At a Rates briefing to Council as part of the budget deliberations it was flagged that this would now be covered by a separate policy in order to provide more clarity in regard to Council’s direction in relation to providing assistance to these groups. The focus of the provisions remain essentially the same with one major change being the removal of a provision excluding residential properties.


MIN/06.08.2008 FOLIO 1338

This recognises that historically properties have been allowed a remission where the property has had a residential nature eg. Mackay Benevolent Society Units and RSL Units, East Gordon Street. To exclude them now would not be appropriate. The relief is directed at Non-Profit Community Organisations who generate less that $728,000 (indexed by 4% from last year) in income from the property and do not receive an exemption from General Rates under the provisions of the Local Government Act or from a condition of their lease agreement with Council. Where the property does not receive any Council Utility Services, the organisation will receive a remission of 100% of their General, Separate and Special Rates and Charges. Where services are provided, the remission is 50% of all Council Rates and Charges (excluding Metered Water). Approved ratepayers will be allowed the option of continuing to avail themselves of any exemption of General Rates or to forego this and receive the 50% of all Council Rates and Charges.

Consultation

This matter has been discussed in Council briefings as part of the budget process. No external consultation has been undertaken.


The adoption of this policy will have no additional resource implications than applying the original provisions of the Revenue Policy. It is however expected that additional ratepayers will apply and be granted the relief as the measures become more widely known.

Conclusion

The adoption of the policy will formalise Council’s intent in regard to the provision of relief to Non-Profit Organisations, across the new Council area in terms of what has previously been discussed with Council. Council Resolution


THAT The “Remission for Non-Profit Community Organisations Policy” as attached be adopted.

Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Hatfield

CARRIED


MIN/06.08.2008 FOLIO 1339

CORPORATE SERVICES POLICY – NUMBER CS06

POLICY TITLE: REMISSION FOR NON-PROFIT COMMUNITY ORGANISATIONS POLICY SUB-TITLE: ADOPTED: FOLIO 1339 - 20 August 2008 AMENDED: REVOKES: THAT in accordance with the provisions of Chapter 14 Part 6 of the Local Government Act 1993 Mackay Regional Council has resolved to implement a process to assist Non-Profit Community Organisations by remitting all or part of identified rates payable on land owned by an organisation or under their control. 1. INTENT To establish a policy framework to allow applications from ratepayers who are Non-Profit Community Organisations for a remission of certain Council Rates and Charges in recognition of their contribution to the social and economic well-being of the community as a whole.

2. GUIDELINES

Council will consider an application for remissions of rates in the following circumstances:

• The organisation is a non-profit community based organisation.

• The organisation must not have an annual turnover (Revenue) in excess of $728,000 (relating to activities carried out on the property subject to the application).

• The applicant organisation must be the owner or lessee of the land and be able to

demonstrate that they are required to pay the rates levied.

• The land or any part of the land must not be rented or leased to a third party on a commercial basis.

• A Liquor Licence (allowing trading on more than 3 days per week) must not be held by the

organisation or any affiliate relating to the property subject to the application.

• Only land not expressly exempted by Section 957 of the Local Government Act 1993 and regulation made under that Act shall be eligible under this policy.

• Where General Rates do not apply to a property by virtue of a condition contained in a lease

of a reserve from Council no further relief will be available.


MIN/06.08.2008 FOLIO 1340

3. LEVEL OF RELIEF

Council may approve a remission of 50% of Council rates and utility charges (excluding excess water) where utility services are applicable to the property, or Where no utility services are applicable to the property, a 100% rate remission of general rates and any special or separate rate or charge levied.

Where the land is exempt from general rates, no remission will be available for utility charges. Where by virtue of a condition contained in a lease of a reserve from Council, an exclusion exists concerning the payment of general rates, a 100% rate remission of general rates and any special or separate rate or charge levied will apply and no remission will be available for utility charges.

4. PROCESSES FOR AN APPLICATION

An application is required to be lodged every three years (or as otherwise required) and is subject to the above conditions.

When lodging an application, an organisation is also required to attach an audited financial statement of their organisation's operations for the previous financial year. This application shall be lodged with the General Manager Corporate Services, or delegate, for consideration

5. DELEGATION

The Chief Executive Officer is delegated the power to approve or decline applications for remission made under this policy..

This policy is to remain in force until otherwise determined by Council. Any changes made to the provisions of this policy will only apply to applications made after the date that the amendment has been adopted by Council.


MIN/06.08.2008 FOLIO 1341

7.8 POLICY FOR CONSERVATION STRATEGY


Purpose

To present before Council the Conservation Strategy Policy for re-adoption.


This has previously been a Mackay City Council Policy No FIN06. The focus of the provisions remain the same with one change being the indexing of the maximum rebates in each category by 8% in line with the overall rate increase adopted in the Budget. Relief under the Policy is provided to Ratepayers who take steps to enter into a Conservation Agreement or Nature Refuge Agreement with the Environmental Protection Agency. Rebates are provided in stepped Categories dependent on the percentage of area subject to the Conservation Agreement or Nature Refuge Agreement with a maximum rebate provided at each level. The issue of indexing these maximums was raised and endorsed at a Council budget briefing.

Consultation

This matter has been discussed in Council briefings as part of the budget process. A submission was received from one affected ratepayer.


The adoption of this policy will have minimal resource implications than previously applying the original Policy. It is however expected that additional ratepayers in the Sarina and Mirani areas may apply and be granted the relief as the measures become more widely known.

Conclusion

The adoption of the policy will formalise Council’s intent in regard to the provision of relief to ratepayers who enter into a Conservation Agreement or Nature Refuge Agreement, across the new Council area in terms of what has previously been discussed with Council. Council Resolution


MIN/06.08.2008 FOLIO 1342


THAT The “Conservation Strategy” Policy as attached be adopted. Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Comerford

CARRIED


MIN/06.08.2008 FOLIO 1343

CORPORATE SERVICES POLICY – CS07

POLICY TITLE: CONSERVATION STRATEGY SUB-TITLE: ADOPTED: FOLIO 1342 - 20 August 2008 AMENDED: REVOKES: 1. RATES RELIEF SCHEME

Council’s Environmental consultation with the Environmental Protection Agency and the Sugar Cane Industry has revealed that providing assistance for the conservation of significant conservation resources in private landholdings in rural areas is an action which can be taken to address the problems of land degradation and loss of natural resources. A range of areas have been identified as suitable for conservation including: • Conservation of remnant rainforest and ecotonal forest • Conservation of riparian ecosystems including melaleuca wetlands • Conservation of ecological linkages and wildlife habitats • Preservation of natural scenery of the city through forestry and conservation To address these issues Council has introduced a rates rebate scheme aiming to encourage both the conservation of high value vegetation and wildlife habitat on private land. The rates rebate scheme was initially subsidized by the State Government and acknowledges the broader community benefits associated with natural area conservation including: • Improvements to overall catchment health • Enhanced landscape qualities • Retention of critical habitats • Reduced erosion • Improved water quality A set amount of funds was allocated for the introduction of the Nature Conservation Area Rebate and all applications will be assessed against specific criteria established in association with relevant State Government Departments and industry groups. The amount of rebate will be proportional to the area of land covered by specific conservation or farm forestry agreement.

1.1 Nature Conservation Areas

General requirements for attracting the rebate include: (a) The subject site is to meet the selection criteria identified for Nature Conservation

Areas; (b) A Conservation Agreement or Nature Refuge Agreement will be entered into, over

the property or that part of the property subject to the rates reduction application, between the owner and the Environmental Protection Agency;

(c) Rates relief will commence from the beginning of the financial half year during which

the Environmental Protection Agency has advised Council that following an initial


MIN/06.08.2008 FOLIO 1344

inspection they have determined that it is appropriate to enter into a Conservation Agreement or Nature Refuge Agreement for the subject land and that the procedure to enter into such an agreement has commenced.

(d) Rates discount will apply as follows:

Less than 10% of the assessment area 10% of overall general rates to a maximum of $324 per annum.

10% to less than 20% of rate assessment area 15% of overall general rates to a

maximum of $540 per annum. 20% to less than 40% of rate assessment area 20% of overall general rates to a

maximum of $810 per annum.

40% or greater of assessment area 25% of overall general rates to a maximum of $1,080 per annum.

(e) Rates relief will continue for at least a minimum of three (3) year trial period or until

the provisions of the Conservation or Nature Refuge Agreement are dishonoured; (f) Should a Conservation Agreement or Nature Refuge Agreement not be finalised,

within eighteen (18) months of advice from the Environmental Protection Agency that procedures to enter into an agreement has commenced, the full amount of any relief granted will be recoverable from the owner of the land, in addition a schedule of repayment ratios for failure to honour the agreement will be negotiated through the preparation of the Conservation Agreement or Nature Refuge Agreement.

This policy is to remain in force until otherwise determined by Council. Any changes made to the provisions of this policy will only apply to remissions granted after the date that the amendment has been adopted by Council.


MIN/06.08.2008 FOLIO 1345

EXPRESSIONS OF INTEREST RATES REBATE SCHEME

SECTION 1

NAME: POSTAL ADDRESS: Postcode PROPERTY WHICH RATES REBATE IS BEING CLAIMED REAL PROPERTY DESCRIPTION: RATE ASSESSMENT NO: ROAD NAME: No. LOCALITY: Area: (ha) AREA OF LAND BEING CLAIMED FOR REBATE:

SECTION 2

Please complete the relevant section by circling the appropriate response or answering question.

NATURAL AREA CONSERVATION SCHEME What are the key features of the land you wish to seek rates rebate for: Remnant or Ecotonal Rainforest Riparian Ecosystem Melaleuca Wetlands etc Wildlife Habitat or Corridor Species: Rare or Endangered Species Old Growth Forest Scenic Landscape Other:


MIN/06.08.2008 FOLIO 1346

GENERAL INFORMATION Please outline the general nature of the land or project for which you intend to claim rebate. Please provide reasons as to why you consider your property is suitable for consideration and what if any management plans are in existence which aim to achieve the principles of sustainability. One only, property plan map may be submitted in addition to the information below. No further documentation is required at this stage however. Declaration I hereby submit this expression of interest for consideration for the granting of a rates rebate. I declare that all of the above information is accurate and provides a reliable account of the property for which rebate is claimed. I understand that Council is not bound to accept all or any applications for rebates, and will provide such discounts at its absolute discretion. Signed: Date:


MIN/06.08.2008 FOLIO 1347

7.9 RATES RELIEF POLICY


Purpose

To present before Council the Rates Relief Policy for re-adoption.


This has previously been a Mackay City Council Policy No FIN09. The focus of the provisions remain the same. The relief is aimed at low-income residential ratepayers for their principal place of residence and Non- Profit Community Organisations. Low income is defined:

• As a pensioner with additional household income of $5,000 above pension entitlements.

• Other households with combined income of less than $50,000. The guidelines require:

• the applicant to show serious hardship would be caused by the payment of the rates;

• applications for owner occupied residential properties only; • The financial standing of all occupants to be taken into account.

Level of relief: Aged pensioners:

• Deferral of General Rates above the Minimum General Rate • Premium 6% per annum (compounded monthly) • All other rates to be paid • deferral of rates only available if all owners are aged pensioners

All Ratepayers:

• Waiving of interest • Must enter into a payment schedule to pay rates within 2 years • Upon default all interest re-instated • Waiving of interest provisions only available once in any 10 year period


MIN/06.08.2008 FOLIO 1348

Consultation

Re-adoption of a policy. No consultation included.


The adoption of this policy will have no additional resource implications than applying the original Policy. It is however expected that additional ratepayers in the Sarina and Mirani areas may apply and be granted the relief as the measures become more widely known. Since adoption in July 2006 only one application for interest relief has been approved and none for the deferral of rates. It appears that the one approved application is now defaulting on the arrangement. Where general rates are deferred, discount is not allowed on the deferred portion.

Conclusion

The adoption of the policy will provide a framework and guidelines, about the provision of relief to identified residential ratepayers who are experiencing difficulties with the payment of their rates. Council Resolution


THAT The Rates Relief Policy as attached be adopted. Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Cameron

CARRIED


MIN/06.08.2008 FOLIO 1349


POLICY TITLE: RATES RELIEF POLICY SUB-TITLE: ADOPTED: FOLIO 1348 - 20 August 2008 AMENDED: REVOKES: THAT in accordance with the provisions of Chapter 14 Part 6 of the Local Government Act 1993 Mackay Regional Council has resolved to implement a process to provide relief to residential ratepayers on low incomes and Non-profit Community Organisation, who are experiencing hardship 1. INTENT

To establish a policy framework to allow applications from ratepayers experiencing difficulties with the payment of their rates to be assessed to determine the most appropriate assistance to be given. This policy will apply to residential ratepayers and Non-profit Community Organisation that are unable to meet their rates and charges commitments.

2. SCOPE

This policy is to apply to those ratepayers who are experiencing serious hardship and as a result are unable to pay their rates and charges. The policy will apply to residential property where the property is the ratepayer’s principal place of residence and no commercial benefit is derived from the property, as well as community facilities operated by Not-for-profit organisations. To be considered for relief under this policy the ratepayer will need to meet one of the following circumstances: 1. Be in receipt of an Australian Government Pension with additional household income of

less than $5,000. 2. Not be in receipt of an Australian Government Pension and where household income is

less than $50,000. 3. Be a Non-profit Community Organisation.

3. GUIDELINES

Applicants requesting assistance with the payment of their rates and charges account must be able to show that the payment of the full amount owed would entail “serious hardship” because of the following: • Any recent adverse change in their financial position that has left them unable to meet their

basic needs; • The quantum of the annual rate levy; • Ratepayers experiencing serious hardship where the payment of the rates and charges would

leave the ratepayer unable to meet reasonable needs for food, clothing, medicine , accommodation , education for children and other basic requirements.

• The accumulated balance of the overdue rates is beyond the applicant’s capacity to pay.


MIN/06.08.2008 FOLIO 1350

Applications will only be accepted for owner occupied single unit dwellings or facilities operated by Not-for-profit Community Organisations. The financial standing of other family members, resident at the property, will be taken into account when determining eligibility for assistance. Any deferral of General Rates will only apply if all registered owners of the property are aged pensioners. Applications for the waiving of interest to enable a property owner to clear rate arrears will not be approved any more than once in any 10 year period for any applicant/(s) (irrespective of the property.

4. LEVEL OF RELIEF

4.1 For Aged Pensioners In accordance with Section 1032 of the Local Government Act 1993, the relief will take the form of a deferral of a portion of the General Rate, that will reduce the General Rate levy payable immediately, to an amount equivalent to the Minimum General Rate levy applicable to the Residential Band 1 Category in the relevant rating period(s). The amount in excess of the Minimum General Rate, will be deferred for the life of the pensioner, or until the property is sold or otherwise transferred from the name(s) of the aged pensioner(s). In accordance with Section 1032 and components of the Local Government Act 1993, a premium applies to any deferred rates equal to an amount of interest calculated at a rate of six percent (6%) per annum, compounded monthly, from the date that the deferred rates would have been due. The amount of the premium will also be deferred on the same basis as the deferred General Rates. The deferred rates and premium will remain a charge on the land.

4.2 For All Ratepayers Covered By The Scope Of This Policy In accordance with Section 1031 of the Local Government Act 1993, the relief will take the form of waiving of accruing interest payments or any premium that would otherwise have been payable during the period over which Council and the applicant enter payment terms. The application of this relief will be dependent on the ratepayer entering into a payment schedule that will clear the overdue rates and any accruing rates within two years of the date of the agreement. Should the ratepayer default in the arrangement, the waiving of the interest will cease and interest, calculated from the date that the rates would have become over due will be re-instated.


MIN/06.08.2008 FOLIO 1351

5. PROCESSES FOR AN APPLICATION

Applicants will complete an Application for Rate Assistance form giving information regarding their financial position under a Statutory Declaration and provide any additional documentation, (including certified copies of Income Tax Assessments or statements from Centrelink verifying the financial position of the applicant(s)) to substantiate the information supplied. Following an assessment by Council Officers, the application will be referred to the Chief Executive Officer (or Delegate) to decide. In the event of an applicant being dissatisfied with an initial decision of a Council Officer, they may access rights of review in accordance with Council’s Complaints Policy. The discretion to provide rates relief for those experiencing hardship is ultimately a decision of Council and if a decision is made by the full Council, that decision will be final. Advice of the decision will be provided to the applicant.

This policy is to remain in force until otherwise determined by Council. Any changes made to the provisions of this policy will only apply to applications made after the date that the amendment has been adopted by Council.


MIN/06.08.2008 FOLIO 1352

7.10 POLICY FOR DISCOUNT FOR RATES AFTER DISCOUNT DATE


Purpose

To present before Council the Discount on Rates After Discount Date Policy for re-adoption.


This has previously been Mackay City Council Policy No FIN07. The focus of the provisions remain essentially the same. The policy contains a number of provisions that provide some flexibility in dealing with ratepayers who for one reason or another fail to pay their rates by the due date. Category A is generally a procedural category that covers payments that are in transit or made at agents and are not processed in the receipting system until after the discount date. The first provisions provide that any payment received in the mail will be allowed discount if the post-mark on the envelope is by the discount date. All payments received in the mail on the next working day after the discount day, are deemed to be posted by the discount date. The category also has a provision that allow payments made by electronic means before the next working day after the discount period ends to be allowed discount. This recognises the twenty-four hour seven days per week nature of some of our payment streams and in effect allows ratepayers to make payments over the weekend after the close of discount and get their discount. Category B deals with circumstances involving:

• Illness • Death • Loss of records • Non-receipt of notices in specified instances, where the ratepayer can prove that

external influences have resulted in non-receipt of rates notice.

These provisions can only be used by ratepayers once in each three year period. Category C deals with circumstances of accidental short payment of a rate assessment. Category D deals in circumstances where Council actions have contributed to the delay in payment.


MIN/06.08.2008 FOLIO 1353

Consultation

Re-adoption of a policy. No consultation included.


The adoption of this policy will have no additional resource implications than applying the original Policy. It is however expected that additional ratepayers in the Sarina and Mirani areas may apply and be granted the relief as the measures become more widely known.

Conclusion

The adoption of the policy will provide a framework and guidelines, in regard to the provision of relief to ratepayers who fail to meet the official deadline for payment of rates in circumstances where it is determined that some leeway should be granted. Council Resolution


THAT The “Discount on Rates after Discount Date” Policy as attached be adopted. Council Resolution

THAT the General Manager's Recommendation be adopted. Moved Cr Camilleri Seconded Cr Cameron 10:29am - Cr Perkins left the Meeting.

CARRIED


MIN/06.08.2008 FOLIO 1354


POLICY TITLE: DISCOUNT ON RATES AFTER DISCOUNT DATE SUB-TITLE: ADOPTED: FOLIO 1354 - 20 August 2008 AMENDED: REVOKES: The allowance of discount on rates is conditional on Council receiving the full payment of rates which has been levied (net of the discount incentive) by the due date shown on the rates notice. However, Council does recognise that there will be occasions when payment by the due date is not achieved through circumstances beyond the control of the ratepayer. The Local Government Act under Section 1021 provides Council with a discretionary power to allow discount in such circumstances. This policy seeks to outline the type of circumstances which will be acceptable to Council to allow discount to be allowed for late payments. BASIS OF CONSIDERATION Any request for allowance of discount will only be considered if the full payment of the overdue rates and charges have been made. Full payment for this purpose shall be the amount of the most recently issued rates notice less any applicable discount. Circumstances justifying the granting of discount for payments received after the discount date are: - CATEGORY A Where mail is received in the first mail on the morning of the first working day after the last day of discount. Thereafter, where payment is made by mail and the postmark on the letter indicates that such payment was mailed before the due date for discount then discount will be allowed provided that such payment is cleared by Council’s Bank except envelopes sent by bulk postage, pre-paid or not date stamped will not be considered. Where payment is made to any Council endorsed collection agency on or before the due date for discount then discount will be allowed provided that such payment is cleared by Council’s Bank. Where payment is made on or before the due date for discount to Council (directly or via any collection agency) and such payment subsequently is not cleared by Council’s bank, then discount will be allowed if such payment is again tendered within fourteen (14) days of notification to Council, by the Bank of the dishonoured payment and payment is also made


MIN/06.08.2008 FOLIO 1355

for any bank charges incurred by Council resulting from such payment not being cleared by Council’s bank. Where a payment is made and dated via any electronic payment method used by Council before the next working day after the discount date. If Category A (i) to (v) applies to an application then discount will be allowed. CATEGORY B If full payment is tendered to Council after the due date for discount and the person paying the rates provides a statement of any of the following:- Illness involving hospitalisation and/or incapacitation of the ratepayer at or around the time of the rates being due for discount. The death or a major trauma (accident/life threatening illness/emergency operation) of the ratepayer and/or associated persons (spouse/children/parents) at or around the time of the rates being due for discount. The loss of records resulting from factors beyond their control (fire/flood etc) OR The non-receipt of the rates notice or rate payment or late receipt of the payment by Council where the reason for such non-receipt or late receipt is separately substantiated by:- Either the written concurrence of the applicable mail carrier that problems existed with the mail deliveries. Or written evidence that a mail re-direction was current at that location at the time of the rate notice issue or due date for payment. Or the return of the rate notice to Council although correctly addressed. Or other evidence that payment of the rates was made by the ratepayer at the time, but did not reach Council due to circumstances beyond the control of the ratepayer; and Where full payment is tendered to Council after the due date for discount and such declaration and statement attributes the late payment to any of the above factors; and provided that the prior payment record of that ratepayer for the previous three (3) years has not required the application of this policy to allow discount for late payment, then discount will be allowed as if the payment has been received by the due date. CATEGORY C Where there is an apparent accidental short payment of the rates resulting from a miscalculation of the net amount due, arising from the payment of a number of rate notices


MIN/06.08.2008 FOLIO 1356

at one time (ie addition error) or the tendering of an incorrect amount for a single rate notice (ie transposition error) then discount will be allowed in the following manner:- In Category C, where the amount of the error is $20.00 or less full discount will be allowed and the underpaid amount will be treated as “arrears of rates”, provided that the prior payment record of the ratepayer for the previous three (3) years has not required the application of this policy; and In Category C, where the amount of the error exceeds $20.00 the ratepayer will be advised in writing of the error and given fourteen (14) days to pay the shortfall. If the shortfall is paid by the extended due date so advised full discount will be allowed at that time, provided that the prior payment record of the ratepayer for the previous three (3) years has not required the application of this policy. CATEGORY D Where full payment is tendered to Council after the due date for discount and any error on Council’s part in the issue of the rate notice has occurred, that may reasonably be expected to have contributed to the late receipt of the rate notice by the ratepayer. OR Where following change of ownership, Council has not or is unable to advise of liability prior to discount date; and where full payment is tendered to Council within fourteen (14) days of notification, discount will be allowed as if the payment has been received by the due date. GENERAL INFORMATION This policy is not to be read in such a way as to imply that Council may allow discount to be allowed in any circumstances, where payment is received by Council after the due date for discount, as a result of the failure of a ratepayer to ensure correct notification of the address for service of notices to Council prior to the issue of rate notices. Where a ratepayer does notify Council of a new address for service of notices after the issue of the rate notices, Council will endeavour to issue a copy of that rate notice to the new address, however it will remain the responsibility of the ratepayer in those circumstances to ensure that payment is received by Council within the due date of the current rate notice. This policy is not to be read in such a way as to imply that Council may allow discount to be allowed in any circumstances where payment is received by Council after the due date for discount, as a result of the inability of the ratepayer to pay the rates because of the financial difficulty at the time. Any ratepayer experiencing financial difficulties with the payment of rates by the due date is urged to enter into a schedule of payments for clearing those rates within an agreed time.


MIN/06.08.2008 FOLIO 1357

DELEGATION Any ratepayer seeking to have discount allowed for the late payment of rates, shall make such application on the form (to include statutory declaration) provided by council for this purpose. This form shall be lodged with the General Manager Corporate Services, or delegate, for consideration. OUTSIDE POLICY GUIDELINES Where an application falls outside this policy and it is determined that the application requires special consideration by council, a report with a recommendation to the appropriate council meeting shall be made. OUTCOME Following consideration the ratepayer will be advised in writing of the outcome of the request for the allowance of discount. This policy is to remain in force until otherwise determined by Council. Any changes made to the provisions of this policy will only apply to applications made after the date that the amendment has been adopted by Council.


MIN/06.08.2008 FOLIO 1358

7.11 PERFORMANCE MANAGEMENT REPORTS

THAT the Performance Management Reports for the Mackay Entertainment Centre, Aquatic Facilities and Mackay Water & Waste be placed on the agenda for consideration and that the reports be received.

Moved Cr Comerford Seconded Cr Thomsen 10:30am - Cr Perkins returned to the Meeting.

CARRIED

7.12 MACKAY ENTERTAINMENT CENTRE PERFORMANCE MANAGEMENT REPORT

Author General Manager Community Programs

Purpose

Attached is the Performance Management Report for the Mackay Entertainment Centre for the period ended 31 July 2008.

7.13 AQUATIC FACILITIES PERFORMANCE MANAGEMENT REPORT

Author General Manager Community Programs

Purpose

Attached is the Performance Management report for the Aquatic Facilities for the period ended 31 July 2008.

7.14 MACKAY WATER & WASTE PERFORMANCE MANAGEMENT REPORT

Author General Manager Water & Waste

Purpose

Attaching Performance / Management Report for Water & Waste for the period ended 31 July 2008.

Council Resolution


MIN/06.08.2008 FOLIO 1359

8. CONSIDERATION OF COMMITTEE REPORTS:

Nil.

9. RECEIPT OF PETITIONS:

Nil.

10. TENDERS:

Nil.

11. CONSIDERATION OF NOTIFIED MOTIONS

Nil.

12. LATE BUSINESS:

12.1 PRESENTATION OF MATSUURA GIFTS

Cr Perkins presented to the Mayor gifts from the Mackay Matsuura Friendship Committee. Cr Perkins also commented that the 20th anniversary of the Sister City relationship with Matsuura will be celebrated in July next year.

13. PUBLIC PARTICIPATION:

Nil.

14. CONFIDENTIAL REPORTS:

Nil.

15. MEETING CLOSURE

The meeting closed at 10:36am.

16. FOR INFORMATION ONLY


MIN/06.08.2008 FOLIO 1360

16.1 DEVELOPMENT ASSESSMENT INFORMATION Development Applications Received Start Date : 2008/08/03 End Date : 2008/08/09 App No Location Applicant Description DA-2008-514 17 Martin Barry E Bryan Material Change of Use - Dual Street, NORTH Occupancy on Lot MACKAY QLD 23 Reconfiguration of 1 Lot to 4740 create 2 Urban Residential

Lots under 450m2 AND Material Change of Use Flood & Inundation overlay AND a Reconfiguration of 2 lot to create 3 Urban Residential lots

DA-2008-529 30 Belangason CMD Pty Ltd Combined Application for a Way, SHOAL Material Change of Use for 25 POINT QLD Multiple Dwelling Units AND a 4750 Reconfiguration of 1 lot to create 25 Community Title lots plus common property DA-2008-495 71 Brisbane Sanders Turner Place of Worship Street, MACKAY Ellick Architects QLD 4740 DA-2008-512 8 Sichter Street, Eric W Jacob Two lot residential subdivision SARINA QLD 4737 DA-2008-526 106 Main Gary E Head Material Change of Use - Street, BAKERS Caravan Park to Cabins CREEK QLD 4740 DA-2008-515 62 Nelson Waldorn Pty Ltd Material Change of Use - Street, MACKAY ATF the S & D Motel (serviced apartments) QLD 4740 Wallace Family Trust DA-2008-527 L 1 Bally Keel Q Land Projects Reconfiguration of 1 lot to Road, Pty Ltd create 46 Rural Res lots ALLIGATOR CREEK QLD 4740 DA-2008-511 12 Perkins Andrew Dewar House in Flood Overlay and Street, NORTH side boundary setback MACKAY QLD 4740


MIN/06.08.2008 FOLIO 1361

DA-2008-532 5-7 Miami Bazdeb Pty Ltd Dual Occupancy Terrace, BLACKS BEACH QLD 4740 DA-2008-531 5 Galvin Totalspan Mackay Material Change of Use Street, Application for an over-sized BEACONSFIELD shed of 180m2. QLD 4740 DA-2008-533 4 Ferries Totalspan Mackay Setback Terrace, SARINA BEACH QLD 4737 DA-2008-530 102 Ridolfis Mark N Donnelly Access Easements Road, FARLEIGH QLD 4741 DA-2008-521 L 1 Peak Downs Paul C Skaife Reconfiguration of 2 lots by Highway, boundary realignment VICTORIA PLAINS QLD 4751 DA-2008-522 10 Florence Majestic Extension to existing dwelling Street, EIMEO Development on steep land QLD 4740 Services DA-2008-520 44 Hermitage Majestic Dwelling on steep land Drive, EIMEO Development QLD 4740 Services DA-2008-518 4 Leticia Street, Margaret G Material Change of Use for a BUCASIA QLD Damen Carport wider then 7 metres 4750 addition to exisiting garage defined as an overside shed in the Planning Scheme plus setback from road reserve boundary DA-2008-524 L 75 Lindeman Matthew B Shed Drive, Rhodes BLOOMSBURY QLD 4799 DA-2008-519 29 Osprey John J McDonald Material Change of Use for a Close, SLADE Carport in addition to POINT QLD existing shed which together 4740 are defined as an Oversize Shed in the Planning Scheme plus a road boundary setback for the carport


MIN/06.08.2008 FOLIO 1362

DA-2008-517 25 Apollo Mervyn Proctor Material Change of Use for Drive, Carport plus exisiting Shed ANDERGROVE together defined as an QLD 4740 oversize shed in Planning

Scheme plus setback for patio OW-2008-96 5-7 Atherton Sarina Consulting Operational Works for 2 lots Street, SARINA Engineers (ROL-00030) QLD 4737 OW-2008-97 30 Armitage Waragate Pty Ltd Operational Works - Drive, EIMEO Construction of Rock QLD 4740 Retaining Wall DA-2008-516 57 N Lambs Wayne M MCU (Motor Vehicle Road, ETON Deguara Repair Workshop, NORTH QLD Panelbeating Shop and Skip 4741 Business) & Reconfiguration of a Lot (Boundary Realignment) to be assessed under the Superseded Mirani Shire Planning Scheme. DA-2008-525 5-11 Margaret Ausplan Material Change of Use - Vella Drive, Queensland Pty General Industry(Warehouse) PAGET QLD Ltd 4740 DA-2008-487 9 David Muir Optus Mobile Pty Material Change of Use - Street, SLADE Ltd Telecommunications Facility POINT QLD (40m high) 4740 Development Applications Finalised - Councillors Start Date : 2008/08/03 End Date : 2008/08/09 No. App_No Location Applicant Description Approved Subject to Conditions 1. DA-2004-61D 1A Becton Living Amendment to conditions Beaconsfield Mackay Pty Ltd of approval - Combined

Road BEACONS Application for Material FIELD QLD Change of Use - Impact 4740 Assessment - Retirement Village (219 units), Manager's residence and Ancillary Communal Facilities and Reconfiguration of a Lot to create 2 Lots.


MIN/06.08.2008 FOLIO 1363

2. DA-2007-460 31-35 David L Material Change of Use - Interlink Webster General Industry (Abrasive Court Blasting) PAGET QLD 4740 3. DA-2007-571 27 Campbell Robert M Alterations and Additions Street Keogh to General Industry 4. DA-2008-153 167 Waverley Amy J Read Reconfiguration of 1 lot Street BUCASIA to create 2 Urban QLD 4750 Residential lots (Superseded Planning Scheme) 5. DA-2008-258 L 4 Melba Robert Dunn Material Change of Use Street and Marcia R (Prelim Approval to ARMSTRONG Dunn and override Planning Scheme) QLD 4737 Albin R to allow development as Woolcock and if within the Village others Zone AND Reconfguration of 2 Lot (Development Permit) to create 65 VIllage Lots and 1 Parkland Lot. 6. DA-2008-332 L 2 Paul J Willing Reconfiguration of lots Smith-Cross by boundary realignment Road DEVEREUX CREEK QLD 4754 7. DA-2008-419 59 Ridgewood Sajcan Pty Ltd Material Change of Use - Drive FARLEIGH Home Based Business QLD 4741 (Storage for Food Vending Business) 8. DA-2008-494 10 Pavillion Pointglen Pty Road boundary setback Court GLENELLA Ltd for dwelling houses QLD 4740 9. DA-2008-497 23 Loudon Totalspan Carport in addition to Street MOUNT Mackay existing garden shed PLEASANT defined as Oversize Shed QLD 4740 in Planning Scheme. 10. DA-2008-500 2 Jade Totalspan Shed & Setback for shed Court GLENELLA Mackay from side boundary QLD 4740 11. DA-2008-501 14 Pratts NPM Group New Dwelling - House in Road BAKERS T/A Ark Homes Flood Overlay CREEK QLD 4740


MIN/06.08.2008 FOLIO 1364

12. DA-2008-503 L 32 Midge Edward S Oversize Shed situated Point Road Morrison in Landscape Character BLOOMSBURY Overlay QLD 4799 13. OW-2007-71 7 Wentford Ernest C Cutler Operational Works for two Street MACKAY higher density residential QLD 4740 lots. 14. OW-2008-39 172 Pacific Coast Operational Works for 2 Goldsmith Developments Urban Residential lots Street SOUTH Pty Ltd and Dual Occupancy / MACKAY QLD House on Lot less than 4740 450m2 in area 15. OW-2008-90 29-33 BOMA Group Operational Works - Maggiolo Access Driveway, Drive PAGET Stormwater Management QLD 4740 Plan Negotiated Decision Notice 16. DA-2007-492 145 Royston Helena Reconfiguration of 1 lot Park Drive Miltenburg to create 3 Community KUTTABUL Title Lots (Rural QLD 4741 Residential) plus Common Property 17. DA-2007-515 50 Carlyle Carlyle Street Motel (173 Rooms and Street MACKAY Mackay Pty Ltd Ancillary Caretaker's QLD 4740 Residence, Conference / Meeting Facilities, Bar, Reception Area and Recreation Facilities), Catering Shop and Shop 18. DA-2008-227 10A Brandon D & J Hawkins Material Change of Use - Street SARINA Developments Child Care Centre QLD 4737 Pty Ltd 19. DA-2008-285 115 Mr Gilbert DE Reconfiguration of 1 Lot Grasstree Costa to create 2 Rural Beach Road Residential Lots and an GRASSTREE Access Easement. BEACH QLD 4740 20.DA-2008-307 75 Gurnett QR Limited Reconfiguration of 1 lot to Road ARMSTRO create 2 Rural lots ARMSTRONG BEACH QLD 4737


MIN/06.08.2008 FOLIO 1365

21. DA-2008-388 1425 Midge Peter J Reconfiguration of 1 lot to Point McCubben create 2 Rural Residential Road MIDGE lots POINT QLD 4799 22. DA-2008-454 25 Conder Steven J Material Change of Use - Parade MIDGE Muscat 2 Oversized Sheds POINT QLD 1. (65m2 & Height 4799 4metres)

2. (117m2 & Height 3 metres)

AND 3. (5 Metre Awning)

Application Not Proceeded 23. DA-2004-61B 1A John Harris Amendent to Conditions of Beaconsfield Approval - Combined Road Application for Material BEACONSFIELD Change of Use - Impact QLD 4740 Assessment - Retirement Village (219 units), Manager's residence and Ancillary Communal Facilities and Reconfiguration of a Lot to create 2 Lots. Application Not Required 24. PTW-2007-1 9-35 Old Department of Prescribed Tidal Work and Foulden Main Roads Environmentally Relevant Road FOULDEN Activity (Dredging) - QLD 4740 Hospital Bridge Replacement Project


MIN/06.08.2008 FOLIO 1366

1. APPROVAL OF CHANGE OF CONDITION APPLICATION – 1A BEACONSFIELD ROAD, BEACONSFIELD – DA-2004-61/D

The proposal to amend the original Decision Notice dated 27th September 2004 (subsequently amended by Compiled Decision Notice dated 16th May 2005 and an Approval to Change Conditions dated 3rd July 2008) by amending the Plan of Development (identified in the table below) referred to in Condition 4.1 has been approved by the Principal Planner North acting under delegated authority on the 6th August 2008. The approved drawings in Condition 4.1 are as follows:- Project Number

Drawing Number

Revision Prepared by Date

Site Master Plan - Existing

27071 TP.01 B JDA Architects

23.06.2008

Site Master Plan - Proposed

27071 TP.02 B JDA Architects

23.06.2008

External Treatment Plan

27071 TP.03 A JDA Architects

23.06.2008

Site Plan – Apartments 1 to 5

27071 TP.A1 A JDA Architects

17.06.2008

Elevations – Apartments 1 to 5

27071 TP.A1-02

A JDA Architects

17.06.2008

Sections – Apartments 1 to 5

27071 TP-A1.03

A JDA Architects

17.06.2008

Site Plan – Apartments 6 to 11

27071 TP.A2-01

A JDA Architects

17.06.2008

Elevations – Apartments 6 to 11

27071 TP.A2-02

A JDA Architects

17.06.2008

Sections – Apartments 6 to 11

27071 TP.A2-03

A JDA Architects

17.06.2008

Clubhouse Plan 27071 TPC.01 A JDA

Architects 17.06.2008

Project Number

Drawing Number


Clubhouse Elevations

27071 TPC.02 A JDA Architects

17.06.2008

Plan – Units 21 to 26

27071 TPU.01

A JDA Architects

17.06.2008

Plan – Units 41 to 44

27071 TPU.02

B JDA Architects

17.06.2008

Elevations – Units 21-26, 41-44

27071 TPU.03

A JDA Architects

17.06.2008

Streetscape Elevations

27071 TPU.04

A JDA Architects

17.06.2008

All other conditions remain unchanged.


MIN/06.08.2008 FOLIO 1367

2. DA-2008-460

Application Number: DA-2008-460

Date of Decision: 22-Jul-2008

1. APPLICANT/S DETAILS

Name: Dawson Surveying

Postal Address: PO Box 1268

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 20 Refalo Drive, FARLEIGH QLD 4741, 22 Refalo Drive, FARLEIGH QLD 4741

Property Description: L13/RP732664

L14/RP732664

3. OWNER’S DETAILS

James A Barbat

PO Box 8081, MOUNT PLEASANT QLD 4740

4. PROPOSAL

Reconfiguration of 2 lots by boundary realignment

5. DECISION TYPE

DEVELOPMENT DECISION

Reconfiguration of a Lot Development Permit

Pursuant to the Mackay Planning Scheme

Approved in Full subject to Conditions


MIN/06.08.2008 FOLIO 1368

6. ASSESSMENT MANAGER’S CONDITIONS

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

7. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this Application. 8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This approval is issued under the Mackay Planning Scheme.

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 currency periods state in Section 3.5.21 of integrated 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 Integrated Planning Act which details your appeal

rights and the appeal rights of any submitters regarding this decision.

RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved reconfiguration of land creating 2 realigned 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.


MIN/06.08.2008 FOLIO 1369

Drawing Number

Title of plan Revision Prepared by Date

28015 – 1 & 2 Locality Plan Lots 13 & 14 Cancelling Lot 13 & 14 on RP732664

- Dawson Surveying Consulting Surveyors

07/07/2008

2. Service Alteration The developer shall verify that no service alteration is required as a result of the boundary realignment. 3. Compliance of Conditions

All conditions must be complied with prior to the endorsement of the plan of subdivision, unless specified in an individual condition.

4. 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.


MIN/06.08.2008 FOLIO 1370

3. DA-2007-571


Date of Decision: 7th August 2008

1. APPLICANT DETAILS

Name: Robert M Keogh

Postal Address: c/- Pioneer Surveys Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 27 Campbell Street, Slade Point

Property Description: Lot 439 on CI3513


Gregory J Eacott and Robert M Keogh and Beth E Keogh

8 Kentwood Place

NARELLAN NSW 2567

4. PROPOSAL

Alterations and Additions to General Industry

5. DECISION TYPE




Material Change of Use-Code-Development Permit

Pursuant to the Mackay City Planning Scheme



MIN/06.08.2008 FOLIO 1371


Advice Agency Environmental Protection Agency

Ecoaccess Customer Service Unit PO Box 15155 Albert Street BRISBANE CITY EAST QLD 4002

8. SUBMISSIONS

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

This approval is issued under the Mackay Planning Scheme. 10. SUPERSEDED PLANNING SCHEME

Not Applicable 11. FURTHER DEVELOPMENT PERMITS REQUIRED

Operational Works Building Works Plumbing and Drainage Works


Not Applicable 13. CURRENCY PERIOD

The standard currency periods state in Section 3.5.21 of integrated Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.



1. Plan of Development

The 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 Rev Drawing Title Date


MIN/06.08.2008 FOLIO 1372

9773-P01 1 of 1 B Plan of proposed development, Lot 439 on CI3513, 27 Campbell Street, Slade Point

24/04/2008

AUST13639 1 of 5 – Foundation Plan 13/12/2006 AUST13639 2 of 5 – Elevations 13/12/2006 0322/01/004/A A Existing and Proposed Services

Layout DEC 2007

2. Amended Plans Required

Prior to the lodgement of Operational Works approval the approved plans of development must be amended to identify that the entire area between the proposed building and the Campbell Street boundary will be dedicated to landscaping.

3. 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.

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. 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).

7. 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 25.92 vehicle movements per day (vpd’s).

8. Contributions Payment Timing

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

9. Floor Level


MIN/06.08.2008 FOLIO 1373

The minimum habitable floor level of the proposed development must be the higher of:

• RL 5.9 metres AHD (300 mm above the top of kerb); or • 225 mm above ground level.

10. Fill in Building Footprint

In order to retain as many of the existing trees on the subject site as practical, filling on the site is to be restricted to the building footprint, driveway, carparking and vehicle manoeuvring area as generally identified on approved Drawing Number “9773-P01” titled “Plan of Proposed Development Lot 439 on CI3513, 27 Campbell Street, Slade Point”. The minimum allotment fill level is to be RL 5.0 metres AHD.

11. Acid Sulphate Soils

If the proposed works trigger the application and implementation of SPP 2/02 – Planning and Managing Development in Acid Sulfate Soils, a site based Acid Sulfate Soil Management Plan must be prepared by a suitably qualified professional and submitted to Council for approval with the application for Operational Works – Development Permit.

12. Damage

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

13. 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. 14. Electricity and Telecommunications Services

The approved development must be provided with electricity and telecommunications infrastructure.

15. Lawful Point of Discharge and On-site Detention

a) The Lawful Point of Discharge is Lot 514 on CI3951. b) The development will increase the impervious area of the site and hence stormwater

runoff to the Campbell Street underground stormwater system. The developer is to provide requirements for the upgrading of the existing drainage system to accommodate the major and minor storm events in accordance with Council’s Engineering Design Guidelines. Upgrading will require upgrading of the road drainage system or, alternatively, providing an independent drainage system within the road verge extending to the existing culvert outlet within Lot 514 on CI3951.


MIN/06.08.2008 FOLIO 1374

c) Alternatively, the developer is provide on-site stormwater detention so that when the site is fully developed the 100 year ARI peak discharge will not exceed the existing situation. An on-site detention system must be constructed to attenuate the 100-year ARI peak discharge to be no greater after the proposed development than before. A detailed design of this system is to be submitted as part of an Operational Works application.

16. Ponding and Diversion of Stormwater

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

17. Site Based Stormwater Management Plan - Low risk

Council’s Stormwater Quality Risk Classification has classified this development as Low Risk. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay City Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No. 15.07. As a minimum, a suitable gross pollutant trap is to be provided.

18. Direct Pumping from Mackay Water’s Reticulation System

Pumping direct from Council water mains for portable or fire fighting supply is not permitted. 19. Existing Services Water and Sewer

The proposed development must connect to the existing reticulated water and sewer services within Campbell Street. The water service is to be upgraded and a new sewer connection is to be provided generally in accordance with Drawing Number “0322/01/004/A” titled “Existing and Proposed Services Layout” drawn by “Paragon Consulting Engineers Pty Ltd”.

20. Sewers Policy

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

21. Live Connections

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

22. Landscape Plan Required

A detailed site landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with the application for Operational Works – Development Permit. 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 or turf, garden edges and paving

finishes; and


MIN/06.08.2008 FOLIO 1375

• the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping.

23. 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.

24. Existing Landscaping

Existing vegetation near the northern boundary of the subject site (within the area identified for landscaping) must be retained.

25. 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.

26. Aesthetic Screening

The outdoor storage of any equipment or material and any service area must be aesthetically screened so as not to be visible from Campbell Street.

27. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of 12 car parking spaces in accordance with the approved plan and maintained thereafter. The carparking 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.

28. Vehicle Manoeuvring

The extent of hardstand area provided on the subject site must enable a Heavy Rigid Vehicle (12.5 metres long x 2.5 metres wide as per Australian Standard AS2890.2-2002 – copy attached) to:

a) enter the subject site in forward gear; and b) exit the subject site in forward gear after performing no more than a 3-point turn.

29. 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.

30. Car parking for disabled persons


MIN/06.08.2008 FOLIO 1376

A car space/s must be provided for the exclusive use of disabled persons. The car space/s must be provided as close as practicable to a suitable entrance of the building and must be clearly marked with a sign to indicate that the space(s) must only be utilised by disabled persons. The minimum dimensions of the car space(s) must be 3.2 metres wide by 4.9 metres long.

31. Loading /unloading

The loading and unloading of vehicles and the delivery of goods to and from the premises must at all times be undertaken entirely within the site and be so conducted as to cause minimum interference with other vehicular traffic.

32. Use of Carparking areas

The designated car parking spaces and areas required for vehicle manoeuvring and loading / unloading, must not be used for the storage or placement of goods or materials.

33. General Amenity Provision

The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the: a) Transport of materials, goods or commodities to or from the subject site; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot,

ash, dust, waste water, waste products, grit or oil; and d) Presence of vermin.

ASSESSMENT MANAGER’S ADVICE 1. Retaining Wall liaison The development must comply with the Planning Scheme Operational Works Code. Prior to the

commencement of construction of the retaining wall on sections of the eastern boundary of the subject site, the adjoining owner is to be consulted to ensure the construction of the retaining wall and associated fencing does not detract from the visual amenity of the area or the privacy of the adjoining property.

2. Local laws

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

3. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, 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.


MIN/06.08.2008 FOLIO 1377

4. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 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 Section 32 of the Environmental Protection (Water) Policy 1997 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 Section 6S General

Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

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.

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. 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 the current applicable rate, at that time.

Infrastructure Catchment Number of

Units

Total Calculated

Amount

Amount of Economic Incentive

Total Amount

Due 50% Transport

Network Whole of Mackay

25.92 VPD’s

$8,605.44 $4,302.72

$4,302.72


MIN/06.08.2008 FOLIO 1378

4. DA-2008-153


Date of Decision: 08-Aug-2008


Name: Amy J Read

Postal Address: C/- Brazier Motti Pty Ltd

PO Box 420

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 167 Waverley Street, BUCASIA QLD 4750

Property Description: Lot 4 on RP717486


James A Downes and Amy J Read

167 Waverley St, BUCASIA QLD 4750

4. PROPOSAL

Reconfiguration of 1 lot to create 2 Urban Residential lots (Superseded Planning Scheme)

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1379




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

8. SUBMISSIONS




Not Applicable




Not Applicable





MIN/06.08.2008 FOLIO 1380


The approved reconfiguration of land creating two 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


0850-DA-001

Preliminary Plan of Development

B Owen Consulting 25/06/08

2. Amended Plans Required

The approved plans of subdivision must be amended to comply with the following matters: a) Retaining wall to be keyed-in along property boundary b) Water service connection to be underbored. The amended plans must be lodged with Council for written approval prior to the lodgement of Operational Works approval.



4. Compliance of Conditions




6. Water and Sewerage Headworks

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 ET.

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 2.8 EP’s with a credit of 2.8 EP’s taken into consideration.


MIN/06.08.2008 FOLIO 1381


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

All contributions must be paid at the rate applicable at the date of endorsement of the Survey Plan.

10. Electricity Services

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

11. Telecommunications Services

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 are to be located clear of footpath areas and parkland areas.

12. Vehicle Access

In lieu of the pavement widening, kerb and channelling and street drainage, the developer is to construct a concrete driveway for Lot 2 from the property boundary to the existing edge of bitumen in accordance with the profile shown on A4-25 without the stormwater pipe onto the existing location of the driveway in Waverley Street. The table drain in Waverley Street must be re-profiled to ensure it is free draining. The invert crossing and concrete driveway for Lot 1 must be provided in accordance with Owen Consulting Drawing No. 0850-DA-001 Rev B subject to the following: • No structures must be constructed on the verge other than the concrete driveway. • The retaining walls are to be keyed-in along the property boundary. • A maximum batter slope is to be 1:6 longitudinally along the verge. • Trees along the verge are to be trimmed or removed to provide adequate sight distance.

Approval from Mackay Regional Council Parks department is required prior to any works on the trees along the verge.

13. Retaining Wall The development must comply with the Planning Scheme Operational Works Code for

construction of the retaining wall. 14. Covered Parking Area Lot 1 must be provided with two off-street car parks, one of which is to be covered, to be

provided prior to endorsement of the Plan of Survey.


MIN/06.08.2008 FOLIO 1382

15. Visual Screen Fence

A visual screen fence between the site and adjoining properties must be constructed. The screen fence must be a minimum height of 1.8 metres. Furthermore, the fence must be tapered to a height of 1.5 metres within 6 metres of the front alignment. All existing fences encroaching outside the property boundary must be relocated entirely inside the property boundary. The total cost of this fencing to be met by the Developer.

16. 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.

17. On-Site Detention

On-site detention is to be provided in accordance with the Preliminary Engineering Report prepared by Owen Consulting dated 10/03/2008 for “Proposed 2 Lot Subdivision at 167 Waverley Street.

18. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. All stormwater connections to the kerb and channel in Fisher Street must be made by way of an approved non-corrodible metal adaptor or an approved equivalent.

19. Ponding and Diversion of Stormwater

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

20. Water Connection

The new water service connection is to be taken from the existing water main in Fisher Street. The new water service connection must be underbored and encased with an enveloper pipe and in accordance with Owen Consulting’s Drawing No 0850-DA-001.

21. Design of sewer Main extension

A fully detailed design of the sewer main extension that will service the lots must be submitted to Council as part of the Operational Work Application.

22. Live Connection Work

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


MIN/06.08.2008 FOLIO 1383

23. Existing House Drain

The existing house drain is to be disconnected. A sewer disconnection form is to be submitted to Mackay Water and the appropriate fees paid.

24. 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.



ASSESSMENT MANAGER’S ADVICE 1. Material Change of Use Approval Required

Lot 2 will require a Material Change of Use – Code Assessable Application for a Dwelling House situated on an allotment less than 450m2 in area. A notation advising of this requirement will be placed on Council’s Rates Database.

2. Floor Level

The minimum habitable floor level of the proposed development must be the higher of: • 225 mm above ground level • RL 5.4m for Mackay and environs.

3. Hours of Work It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the

Environmental Protection Regulation 1998, 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 Part 2A – Environmental

Nuisance of the Environmental Protection Regulation 1998 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.


MIN/06.08.2008 FOLIO 1384

5. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the

Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.



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.



9. 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 Number of

Units/ET’s/EP’s/VPD

Total Calculated

Amount


Total Amount

Due

Water Supply Northern Beaches

1 ET @ $4,787.00

$4,787.00 N/A $4,787.00

Sewerage Supply

Northern Beaches

1 ET @ $3,055.00 $3,055.00 N/A $3,055.00

Parks 1. Bucasia 2.8 EP x $1,430.00

$4,004.00 N/A $4,004.00

Transport Network

Entire City of Mackay

6.5 vpd x $341.00 $2,216.50 N/A $2,216.50


MIN/06.08.2008 FOLIO 1385

5. DA-2008-258




Name: Robert Dunn and Marcia R Dunn and Albin R Woolcock and Jennifer A Woolcock

Postal Address: C/- WS Group

PO Box 158

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: L 4 Melba Street, ARMSTRONG BEACH QLD 4737, L 57 Melba Street, ARMSTRONG BEACH QLD 4737

Property Description: Lot 4 on SP181270, Lot 57 on SP181270


Albin R Woolcock and Jennifer A Woolcock and Robert Dunn and MarciaR Dunn

Murrayview, MOUNT OSSA QLD 4741

4. PROPOSAL

Material Change of Use (Prelim Approval to override Planning Scheme) to allow development as if within the Village Zone AND Reconfguration of 2 Lot (Development Permit) to create 65 VIllage Lots and 1 Parkland Lot.

5. DECISION TYPE


Material Change Use Preliminary Approval


Pursuant to the Sarina Planning Scheme



MIN/06.08.2008 FOLIO 1386




Concurrence Agencies Department of Natural

Resources and Water Queensland Central Coast Region PO Box 63 MACKAY QLD 4740

Concurrence Agencies Environmental Protection Agency

Queensland Parks & Wildlife Service PO Box 623 MACKAY QLD 4740

Concurrence Agencies Queensland Transport PO Box 1293 TOWNSVILLE QLD 4810

Advice Agencies Department of Main Roads Central Queensland Region Mackay District Office PO Box 62 MACKAY QLD 4740

Advice Agencies Department of Natural Resources and Water

Queensland Central Coast Region PO Box 63 MACKAY QLD 4740

8. SUBMISSIONS


9. PLANNING SCHEME

This approval is issued under the Sarina Planning Scheme.


Not Applicable




MIN/06.08.2008 FOLIO 1387


Not Applicable





The approved reconfiguration of land creating fifty (50) residential allotments, two (2) Erosion Prone allotments and one (1) Environmental Reserve allotment 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.

Project Number

Drawing Number


0005-0162 SK 008-2 A Burchill VDM 27/11-2007 N/A 12444P07 A WS Group

2. Amended Plans Required Prior to lodgement of Operational Works Approval.

The approved plans of subdivision must be amended to comply with the following matters:

a) Detail plans for proposed lots Lots 1 and 38-40 showing how the finished surface level of lots will be above the Q100 AHD level.

b) The configuration of lots 12 and 13 being accessed from a laneway is not acceptable

and an amended plan is required that facilitates access to lots 12 and 13 from an access street via a battleaxe arrangement. An acceptable alternative is the conversion of the proposed laneway to two (2) battleaxe handles each with a minimum width of 5m. a single sealed driveway may be constructed within the access handles with a minimum width of three (3) metres with a reciprocal access easement being registered to enable the shared usage of the driveway by proposed lots 12 and 13.

c) Showing the fencing of the rear boundaries for proposed lots 31 to 44 inclusive. The

type of fencing is to be post and wire construction with a height of 1.5m high.

d) A plan showing the building envelopes and effluent envelopes for all individual lots. This is an indicative plan, however consideration should be given to the building


MIN/06.08.2008 FOLIO 1388

envelope areas for Lots 30 to 44 inclusive being used as a buffer between the effluent envelopes and the proposed lot 901.

The amended plans must be lodged with Council for written approval prior to the lodgement of Operational Works approval.

3. Issues to be Addressed with the Lodgement of Operational Works application.

The applicant is to undertake filling works on all lots 1, 38, 39 and 40 that have an extent of inundation under the 100 year ARI to ensure that all lots have a minimum level of 5.4m AHD in accordance with the design water levels identified in the storm surge risk management study for Broadsound Shire Council and Sarina Shire Council. All filling works are to be contained within the residential allotment boundary and carried out in accordance with Council requirements. Details regarding the design of filling works are to be submitted in conjunction with the operational works application.

The above will need to documented and lodged with the Operational Works Application.



5. Staging of the Subdivision

The subdivision must proceed in the order of stages as shown on the endorsed plan unless otherwise agreed in writing by the Council.



7. Compliance with Council Standards

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


Maintain the approved development (including 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.



10. Water Headworks


MIN/06.08.2008 FOLIO 1389

Headworks contributions for Water Supply must be paid in accordance with Council’s Planning Scheme Policy 10 – Water Supply and Sewerage Headworks – Works External and Works Internal. Headworks will be applied based on an additional 48 ET’s.

11. Parkland Contributions

A parkland contribution must be paid in accordance with the Council’s Planning Scheme Policy 3 – Provision of Parks. The parkland contribution will be applied based on an additional 48 lots.

12. External Roadworks Contributions

A transport network contribution must be paid in accordance with Council’s Planning Scheme Policy 12 - External Roadworks Contributions based on Transitional Planning Policy – 2.1 – Policy for External Roadworks Contributions for Armstrong Beach and Freshwater Point, which is current. The transport network contribution will be applied based on an additional 48 lots.

13. Contributions Payment Timing – Endorsement of Survey Plans

All contributions must be paid at the rate applicable at the date of endorsement of the Survey Plan.

14. Transfer of Parkland (Fee Simple)

The proposed environmental reserves (allotments, Lots 901 – 903) shown on the proposal plan must be transferred as shown on the proposal plan to Council in Fee Simple at no cost to Council.

15. Street Signs/Names

Prior to Council issuing a Development Permit for Operational Work, 3 street names for each street, are to be provided to Council for approval in accordance with Council’s relevant policy.

16. Fencing Works Required

The following works must be provided; a) Rear fencing of proposed lots 31 to 44 inclusive. The type of fencing is to be post and

wire construction with a height of 1.5m high. b) Pedestrian Access must be provided within the reserves, located between lots 41 and 42,

lots 30 and 31 and lots 21 and 22) c) Bollards or similar devices must be provided to restrict vehicle access within the above

nominated reserves. 17. Provision of Driveway

Provide access to Lots 12, 13 and 22 compromising 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 and associated landscaping.


MIN/06.08.2008 FOLIO 1390

18. Contract of Sale

The developer must include in the contract of sale for each allotment ;

Advising purchasers of the requirement for the provisions of an on-site wastewater treatment plan, an area for land disposal of the effluent, and wet weather storage. The clause must include the size of the area required for land disposal of the effluent and the size of the required wet weather storage. A suitable location and the size of the disposal area must be indicated and dimension in an accompanying plan. treatment plan, an area for land disposal of the effluent.

19. Electricity Services

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

20. Telecommunications Services

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 are to be located clear of footpath areas and parkland areas.

21. Streetlighting

Streetlighting must be provided in accordance with Council’s Engineering Design Guidelines and the relevant current Australian Standards.

22. 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.

23. Street Planting

Street Planting must be provided in accordance with Council Policy, with a plan submitted to Council for separate approval by Council.

24. Street Works

Internal

The internal roads must be constructed kerb to kerb bitumen seal to widths approved by Council and in accordance with Council’s standards.

External

Traffic calming devices must be installed in accordance with the relevant Australian Standards.

25. External catchment and interallottment drainage


MIN/06.08.2008 FOLIO 1391

External catchments must be calculated and interalottment drainage must be provided in accordance with Council’s Standard Drawing PA3-870.

26. Stormwater

All stormwater for the approved development must be controlled, with provision being made for the following: a) External catchments b) Inter-allotment drainage c) Downstream Drainage to a lawful and practical point of discharge

27. On-Site detention

An on-site detention system must be constructed to attenuate the 100-year ARI peak discharge to be no greater after the proposed development than before. A detailed design of this system is to be submitted in conjunction with an Operational Works.

If the developer opts for an on site detention system which is of such nature that construction of the on site detention system which is of such a nature that construction of the on site detention system is not practical until the new dwelling is constructed on Lot (insert number), then:

a) The developer must provide the on site detention system prior to the occupation of the

new dwelling, and b) A notation advising of the requirement for compliance with the approved design will be

placed on Council’s Rates Database. 28. Drainage – rear boundary to street

Except where otherwise approved by Council, allotments must be drained from the rear boundary to front street in accordance Council’s Stand drawing PA3-870. Attention is drawn to preferred footpath and allotment slopes as follows:

Footpath slope: Preferred 1:50 Allotment Slope: Minimum 1:200

Maximum 1:12

Filling is to be provided where applicable in accordance with Council’s Engineering Design Guidelines.

29. Drainage easement and reserves

Drainage easements and reserves are to be in accordance with Council’s Engineering Design Guidelines. Reserves are to be transferred to Council in Fee Simple at no cost Council.

30. Water connection

Separate Water connections must be installed for the newly created Lots in accordance with Council’s Engineering Design Guidelines.

Mackay Water must carry out all live water connection at the developer’s expense.


MIN/06.08.2008 FOLIO 1392

31. On-site Wastewater disposal

A design for on-site wastewater disposal that demonstrates compliance with the Queensland Plumbing and Waste Water Code must be provided to Council. The design is to include designation of the area on each lot that is to be set aside for wastewater disposal.

32. Street Planting

Street Planting must be provided in accordance with Council Policy, with a plan submitted to Council for separate approval by Council

33. Acid Sulphate Soils

The proposed works and development trigger the application and implementation of SPP 2/02 Planning and Managing Development in Acid Sulphate Soils. The Site Based Acid Sulphate Soil Management Plan prepared by Ground Environments dated April 2006 must be implemented.

Assessment Manager Advice 1. Local laws


2. Hours of Work


3. Dust Control




5. Noise During Construction and Noise in General


MIN/06.08.2008 FOLIO 1393

It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.


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



8. 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 Catchments Number of Units/ET’s/ EP’s/VPD

Total Calculated Amount

Total Amount Due

Water Supply Armstrong Beach

2 ETs credit 50 new village lots lots

48 x $5,410 $259,680

Parkland Village Zone

50 new lots 48 x $1,195 $57,360

External Road Works Contributions

Armstrong Beach

2 lots credit 50 new village lots

48 x $1,830 $87,840


MIN/06.08.2008 FOLIO 1394

6. DA-2008-332


Date of Decision: 5 AUGUST 2008


Name: Paul J Willing

Postal Address: C/- Conics (Mackay) Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: Lot 2 Smith-Cross Road and Lot 2 Devereux Creek Road, DEVEREUX CREEK QLD 4754

Property Description: Lot 2 on RP707289 and Lot 2 on RP726309


Paul J Willing and Carol F Willing

PO Box 91, PLEYSTOWE QLD 4741

4. PROPOSAL

Reconfiguration of lots by boundary realignment

5. DECISION TYPE



Pursuant to the Mirani Planning Scheme



MIN/06.08.2008 FOLIO 1395






9. PLANNING SCHEME

This approval is issued under the Mirani Planning Scheme.


Not Applicable


Nil


Not Applicable





MIN/06.08.2008 FOLIO 1396


The approved reconfiguration of land creating 2 realigned 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


10582-P01 Proposed Boundary Realignment Cancelling Lot 2 on RP707289 & Lot 2 on RP726309 Camilleris Road, Devereux Creek

A Conics (Mackay) Pty Ltd

01/05/2008






MIN/06.08.2008 FOLIO 1397

7. DA-2008-419




Name: Sajcan Pty Ltd

Postal Address: ATF The Cantwell Family Trust

PO Box 5001

MACKAY MC QLD 4741

2. PROPERTY DETAILS

Property Address: 59 Ridgewood Drive, FARLEIGH QLD 4741

Property Description: Lot 20 on SP123949


Stephen M Cantwell and Andrea L Cantwell

PO Box 5001, MACKAY MC QLD 4741

4. PROPOSAL

Material Change of Use - Home Based Business (Storage for Food Vending Business)

5. DECISION TYPE


Material Change of Use Development Permit




MIN/06.08.2008 FOLIO 1398




Concurrence Agencies Department of Main Roads Central Queensland

Region Mackay District Office PO Box 62 MACKAY QLD 4740

8. SUBMISSIONS




Not Applicable


Nil


Not Applicable





MIN/06.08.2008 FOLIO 1399


The approved Home-Based Business 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 Description Prepared by Date

02-102-01

Site Plan

20/05/08

200508-001

General Layout

Michael Lane 20/05/08







5. Notice of Intention to Commence the Use

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


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 .735 vehicle movements per day (vpd’s).

7. Contributions Payment Timing

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

8. One Sign


MIN/06.08.2008 FOLIO 1400

Only one sign of maximum size 0.3 sq. metres and bearing only the name of the business and phone number must be displayed.

9. No Display of Goods on Premises

No goods are to be displayed publicly and or offered for sale on the premises. Only those goods produced on the premises must be made available for sale from the premises.

10. Square Metres – Home Based Business

The floor space used for the Home Based Business hereby approved must not exceed 10.5 square metre in area.

11. Persons Conducting Business

The business must be conducted by a person or persons resident on the property and a maximum of one (1) other person may be employed who is not a resident on the property.

12. Lapsing of Development Permit

The approval of the Home Based Business, Storage for Food Vending will lapse when the operators of the business, Stephen M. Cantwell and Andrea L. Cantwell are no longer a resident of 59 Ridgewood Drive, Farleigh.

13. Nuisance or Annoyance

The use must be conducted in such a manner so as not to cause nuisance or annoyance to persons or property not associated with the use.

14. Consultation by Appointment

All consultations must be by appointment only and normally only one client must be present on the premises at any time.

15. Number Commercial Vehicle

No more than one (1) commercial vehicle associated with the occupation must be present at the site at any time.

16. Hours of Operation

The hours of operation must be limited to 7.00 am to 6.00 pm. Monday to Saturday excluding public holidays.

17. Building Application


MIN/06.08.2008 FOLIO 1401

The existing building on the property being lived in is classified as Class 10A building (shed or non-habitable structure). The applicant should make the necessary application to have the building reclassified to be considered as Class 1A Building (dwelling).

ASSESSMENT MANAGER’S ADVICE 18. 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

Number of Units/ET’s/EP’s/VPD

Total Calculated

Amount


Total Amount

Due

Transport Network

$ 341 per

vpd (2008/2009 Financial

Year)

.735 vpd based on 7 vpd per 100 m2

$ 250.64 Nil $ 250.64


MIN/06.08.2008 FOLIO 1402

8. DA-2008-494




Name: Pointglen Pty Ltd


MOUNT PLEASANT QLD 4740

2. PROPERTY DETAILS

Property Address: 9 and 10 Pavillion Court, 11, 12, 13, 15 and 16 Chantilly Court, GLENELLA QLD 4740

Property Description: L340, 345, 372, 374, 375, 376 and 377 on SP210490


Paul A Jackson and Louise A Jackson

23 Windsor St, GLENELLA QLD 4740

4. PROPOSAL

Road boundary setback for dwelling houses

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1403





8. SUBMISSIONS


9. PLANNING SCHEME



Not Applicable


Nil


Not Applicable




1. Approved plans

The approved reduction in setback must generally comply with the plan of development which forms part of this application.

2. Currency Period

This approval shall lapse at the expiration of 2 years from the date of the approval if the Material Change of Use approved has not been completed.


MIN/06.08.2008 FOLIO 1404

9. DA-2008-497


Date of Decision: 6 August 2008


Name: Totalspan Mackay


MACKAY MC QLD 4741

2. PROPERTY DETAILS

Property Address: 23 Loudon Street, MOUNT PLEASANT QLD 4740



John D Paul and Sandra J Paul

2/23 Loudon St, MOUNT PLEASANT QLD 4740

4. PROPOSAL

Carport in addition to existing garden shed defined as Oversize Shed in Planning Scheme.

5. DECISION TYPE








MIN/06.08.2008 FOLIO 1405



8. SUBMISSIONS


9. PLANNING SCHEME



Not Applicable


Building Works


Not Applicable




1. Approved plans

The approved shed must generally comply with the plan of development which forms part of this application.

2. No enclosure of structure

Approval of the carport structure is conditional upon the carport structure not being enclosed in the future.

3. Shed Not used for Business Activities

The proposed shed must not be used for business activities. Any uses carried out in the shed not considered ancillary to the residential use are not permitted.


MIN/06.08.2008 FOLIO 1406

4. Non-habitable structure

The shed shall not be utilised as a habitable structure unless otherwise approved by council. 5. Height

The structure at no point shall exceed a height limit of 3.5 metres to the apex, measured from natural ground level.

6. Currency Period


7. Mackay Water Clearance Verification in writing is to be provided with a copy of this decision notice to a Private

Building Certifier in regard to providing written advice from Mackay Water and Waste agreeing to the encroachment of the shed over the sewer line.


MIN/06.08.2008 FOLIO 1407

10. DA-2008-500




Name: Totalspan Mackay


MACKAY MC QLD 4741

2. PROPERTY DETAILS

Property Address: 2 Jade Court, GLENELLA QLD 4740



Stephen G Conescu and Grace A Conescu

2 Jade Ct, GLENELLA QLD 4740

4. PROPOSAL

Two Sheds & Setback for shed from side boundary

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1408






9. PLANNING SCHEME



Not Applicable


Building Works


Not Applicable




1. Approved plans

The approved sheds must generally comply with the plan of development which forms part of this application.



MIN/06.08.2008 FOLIO 1409

The proposed sheds must not be used for business activities. Any uses carried out in the sheds not considered ancillary to the residential use are not permitted.


The sheds shall not be utilised as habitable structures unless otherwise approved by council. 4. Height

The structures at no point shall exceed a height limit of 4.5 metres to the apex, measured from natural ground level.

5. Currency Period



MIN/06.08.2008 FOLIO 1410

11. DA-2008-501


Date of Decision: 6 AUGUST 2008


Name: NPM Group T/A Ark Homes

Postal Address: 14 Dalrymple Rd

GARBUTT QLD 4814

2. PROPERTY DETAILS

Property Address: 14 Pratts Road, BAKERS CREEK QLD 4740



Robert J Higgins and Margaret A Higgins

14 Pratts Rd, BAKERS CREEK QLD 4740

4. PROPOSAL

New Dwelling - House in Flood Overlay

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1411






9. PLANNING SCHEME



Not Applicable


Building Works Plumbing and Drainage Works


Not Applicable





The approved dwelling house 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.


MIN/06.08.2008 FOLIO 1412

Project Number

Drawing Number


Site plan AH-407-092-003

1 Ark 20/6/2008

Floor Plan AH-407-092-004

3 Ark 20/6/2008

Floor Plan AH-407-092-004.1

4 Ark 20/6/2008

2. Compliance with Conditions

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





5. Floor Level

The minimum habitable floor level of the proposed development must be the higher of: • 300 mm above the crown of the road • 225 mm above ground level • a level which allows the connection of all sanitary fixtures to the designated sewer

connection point by means of sanitary drainage which complies with AS3500 6. Mackay Water and Waste Clearance The applicant shall provide written verification from Mackay Water and Waste agreeing to

allow the house to be located in this position relative to the sewer line. This evidence shall be given along with a copy of this decision notice to a private Building Certifier for a building permit.

ASSESSMENT MANAGER’S ADVICE 7. Local laws


8. Hours of Work


MIN/06.08.2008 FOLIO 1413

It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the

Environmental Protection Regulation 1998, 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.

9. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental

Nuisance of the Environmental Protection Regulation 1998 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.

10. Sedimentation Control It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the

Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.




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.


13. Disclaimer

The submitted proposal plan for the dwelling has only been assessed in terms of the Flood and Inundation Overlay Code.


MIN/06.08.2008 FOLIO 1414

12. DA-2008-503




Name: Edward S Morrison

Postal Address: LOT 32 Midge Point Rd

BLOOMSBURY QLD 4799

2. PROPERTY DETAILS

Property Address: L 32 Midge Point Road, BLOOMSBURY QLD 4799



Edward S Morrison

Lot 32 Midge Point Rd, BLOOMSBURY QLD 4799

4. PROPOSAL

Oversize Shed situated in Landscape Character Overlay

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1415








Not Applicable


Building Works


Not Applicable




1. Approved plans

The approved shed must generally comply with the plan of development which forms part of this application.

2. Currency Period


MIN/06.08.2008 FOLIO 1416









The proposed shed must not be used for business activities. Any uses carried out in the shed not considered ancillary to the residential use are not permitted.


The shed shall not be utilised as a habitable structure unless otherwise approved by council. 8. Materials of Construction

The walls and roof of the shed shall have non-reflective glazing finish. 9. Height

The structure at no point shall exceed a height limit of 3.3m to the eave, measured from natural ground level.

ASSESSMENT MANAGER’S ADVICE 10. Local laws


11. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy


MIN/06.08.2008 FOLIO 1417

vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

12. Dust Control







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.


16. Disclaimer

The submitted proposal for the over sized shed has only been assessed in terms of the over sized shed applied for as part of this development permit.


MIN/06.08.2008 FOLIO 1418

13. OW-2007-71

Application Number: OW-2007-71



Name: Ernest C Cutler

Postal Address: 29 Hogan St

KEPERRA QLD 4054

2. PROPERTY DETAILS

Property Address: 7 Wentford Street, MACKAY QLD 4740

Property Description: Lot 15 on RP 701056


Ernest C Cutler and Cassandra E Faux

4. PROPOSAL

Operational Works for two higher density residential lots.

5. DECISION TYPE






Operational Works Development Permit



MIN/06.08.2008 FOLIO 1419


9. FURTHER PERMITS REQUIRED

Building Work Development Permit Plumbing & Sanitary Drainage Approved Plumbing & Drainage Plan



ASSESSMENT MANAGER’S CONDITIONS Operational Works - Standard Conditions 1. This permit is issued on the understanding that the design complies with Council’s engineering

design guidelines, with Council’s planning scheme and with all conditions of relevant decision notices.

Council’s assessment of the design has been an audit only. In the issuing of this permit Council

makes no acknowledgement that the design meets the above requirements. It is a condition of this permit that any errors in the design are the responsibility of the

consulting engineer, and that any rectification costs which may be applicable are to be borne by the developer.

2. Reference Documentation The documentation upon which this permit is based is as follows:-

i) Engineering Drawings, Specification and Schedule of Works prepared by Faran Consulting Engineers

ii) Drawing Number:- 10805 Sheet 1 of 6 Site Plan

10805 Sheet 2 of 6 Contour Plan 10805 Sheet 3 of 6 Sewer Reticulation 10805 Sheet 4 of 6 Sewer Longitudinal Section 10805 Sheet 5 of 6 Roofwater Drainage System 10805 Sheet 6 of 6 Water Reticulation 3. No Incineration of Cleared Vegetation No incineration of cleared vegetation is permitted. All material is to be chipped and/or mulched

and disposed of as approved by Council.


MIN/06.08.2008 FOLIO 1420

4. Acid Sulphate Soils Any areas where the ground surface elevation is less than RL 20.0 AHD shall be assessed for

acid sulphate soils in accordance with the State Planning Policy 2.02. If acid sulphate soils are identified treatment and management measures shall be implemented in accordance with State Planning Policy & Guidelines.

5. Construction and Acceptance Construction of works is to be carried out in accordance with this approval of Engineering

Drawings, other relevant approvals and Section 3 of Council’s Development Manual, Volume 2 – Engineering.

Design amendments are to be separately approved by Council. All works are to be the subject of supervision by or under the direction of a Professional

Engineer (RPEQ) and works shall be subject to Certification at:- • On maintenance • Off maintenance.

6. Council Inspections During construction Council may/will conduct Audit Inspections of all works with specific

inspections as detailed in Section 3.1.7 of Council’s Development Manual, Volume 2 – Engineering.

The Consultant is to verify the adoption of Council’s Standard Inspection and Testing Plan. 7. Maintenance Period A minimum maintenance period of 12 months shall apply from the date of practical completion. 8. On and Off Maintenance Procedures Procedures for acceptance of works on and off maintenance are detailed in Section 3.3 of

Council’s Development Manual, Volume 2 – Engineering. Refer to Section 3.4 of Council’s Development Manual, Volume 2 – Engineering for works to

be maintained during the maintenance period. 9. Landscaping/Verge Tree Planting Tree plantings on the verge are to be in accordance with Council’s Planning Scheme Policy No.

15.11. Landscaping works to be provided as part of the Conditions of Reconfiguration are to have

separate approval. Landscaping plans are to be prepared by a qualified Landscape Designer. Landscape works are to be completed prior to Council accepting the works “On Maintenance”.


MIN/06.08.2008 FOLIO 1421

10. Commencement of Works It is the responsibility of the Consulting Engineer (Design) to address the following matters

prior to the commencement of works on site: a) Three sets of amended engineering plans and other documentation incorporating

amendments requested in this decision notice are to be submitted to and accepted by Council.

b) A copy of this letter of approval is to be provided to the contractor as advice of

specific conditions required by Council. c) Form DMV2-6 “Notice to Commence Development Works” is to be submitted to

Council one week prior to works being commenced and a Prestart Meeting is to be held with a Council Officer to outline Council’s requirements prior to commencement of works.

11. Stormwater Drainage All runoff from stormwater naturally falling onto the site (including roofwater) shall be

collected within the property boundaries and discharged to Council’s stormwater system. The site shall be graded so that it is free-draining. 12. Ponding & Diversion of Stormwater The developer shall ensure that no ponding of stormwater resulting from the development

occurs on adjacent sites and that no stormwater formerly flowing onto the site is diverted onto other sites.

13. All connections to live water supply and sewerage infrastructure is to be made by Mackay

Water at the developer’s expense. 14. All work proposed to be carried out at any time must comply with Mackay Water’s policy

number MW02-Building over and adjacent to sewers. 15. Clearances to Mackay Water Assets shall be in accordance with Mackay Water Policy MW16

“Clearance to Water and Sewerage Assets”. 16. Removal of Trees All existing trees within road reserves, drainage reserves, parks, etc which are proposed for

removal must be identified on the drawings. Before removing any such tree the developer must liaise with Council’s Parks department to determine if Parks wish to relocate the tree. If the tree is to be re-located the developer must coordinate the removal with Parks accordingly.

17. Floor Level

The minimum habitable floor level of the proposed development must be the higher of: • 300 mm above the Q100 flood level (Q100 flood level = 4.91m AHD) • 300 mm above the top of kerb


MIN/06.08.2008 FOLIO 1422

• 300 mm above the crown of the road • 225 mm above ground level • 5.4m AHD

Operational Works - Non Standard Conditions 1. Revise the drawing index to accurately record the title of drawing no. 4. 2. Provide 2 stormwater outlets to the kerb for each of the new allotments, with one outlet

adjacent to each of the side boundaries. 3. Detail the new sewer manhole to be 1.5m inside the front boundary. ASSESSMENT MANAGER’S ADVICE 1. This approval shall lapse at the expiration of 2 years from the date of the above operational

work approval taking effect. 2. Hours of Work


3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Part 2A - Environmental Nuisance of the Environmental Protection Regulation 1998 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.


It is the applicant/owner's responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.





MIN/06.08.2008 FOLIO 1423

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 30(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.


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.

8. Traffic Management and Road Closure

The developer is responsible for providing traffic management for external works on the Road Reserve as required by the Queensland Manual of Uniform Traffic Controlled Devices. Prior to the commencement of work within the road reserve, a Traffic and Pedestrian Management Plan is to be submitted to Council for approval. This plan is to be prepared by a suitably qualified traffic professional and verified by the developer prior to submission to Council.

If the works require closure of part of the road reserve, a temporary Road Closure Permit will be required. This permit allows for a section of road reserve to be closed for the purpose of works. The Queensland Police Service is the issuing authority for these permits. An application will need to be made to Council for a letter of no objection prior to applying to the Queensland Police Service for the permit. The Traffic and Pedestrian Management Plan will need to be included with this application to Council.

9. Compliance with other Decision Notices

The developer shall ensure that all conditions and requirements of the following decision notices are complied with during construction and have been fulfilled prior to commencing the use:


MIN/06.08.2008 FOLIO 1424

14. OW-2008-39




Name: Pacific Coast Developments Pty Ltd

Postal Address: 31 Barton St

WEST MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 172 Goldsmith Street, SOUTH MACKAY QLD 4740

Property Description: Lot 5 on RP 721430


Pacific Coast Developments Pty Ltd

4. PROPOSAL

Operational Works for 2 Urban Residential lots and Dual Occupancy / House on Lot less than 450m2 in area

5. DECISION TYPE









MIN/06.08.2008 FOLIO 1425

8. CURRENCY PERIOD

The standard currency periods state in Section 3.5.21 of integrated Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.











i) Engineering Drawings, Specification and Schedule of Works prepared by Connell Wagner.

ii) Drawing Numbers:- C00-03 – Cover Plan C01-03 – Services Plan

18. No Incineration of Cleared Vegetation No incineration of cleared vegetation is permitted. All material is to be chipped and/or mulched

and disposed of as approved by Council.


MIN/06.08.2008 FOLIO 1426

19. Acid Sulphate Soils Any areas where the ground surface elevation is less than RL 20.0 AHD shall be assessed for

acid sulphate soils in accordance with the State Planning Policy 2.02. If acid sulphate soils are identified treatment and management measures shall be implemented in accordance with State Planning Policy & Guidelines.

20. Source of Fill Fill material is not to be obtained from the balance land without separate application and

approval of Council. 21. Construction and Acceptance Construction of works is to be carried out in accordance with this approval of Engineering



Engineer (RPEQ) and works shall be subject to Certification at:- • On maintenance • Off maintenance.

22. Council Inspections During construction Council may conduct Audit Inspections of all works with specific


The Consultant is to verify the adoption of Council’s Standard Inspection and Testing Plan. 23. Maintenance Period A minimum maintenance period of 12 months shall apply from the date of practical completion. 24. On and Off Maintenance Procedures Procedures for acceptance of works on and off maintenance are detailed in Section 3.3 of

Council’s Development Manual, Volume 2 – Engineering. Refer to Section 3.4 of Council’s Development Manual, Volume 2 – Engineering for works to

be maintained during the maintenance period. 25. Commencement of Works It is the responsibility of the Consulting Engineer (Design) to address the following matters

prior to the commencement of works on site:


MIN/06.08.2008 FOLIO 1427

d) Three sets of amended engineering plans and other documentation incorporating amendments requested in this decision notice are to be submitted to and accepted by Council.

e) A copy of this letter of approval is to be provided to the contractor as advice of

specific conditions required by Council. f) Form DMV2-6 “Notice to Commence Development Works” is to be submitted to

Council one week prior to works being commenced and a Prestart Meeting is to be held with a Council Officer to outline Council’s requirements prior to commencement of works.

26. Stormwater Drainage All runoff from stormwater naturally falling onto the site (including roofwater) shall be

collected within the property boundaries and discharged to Council’s stormwater system. The site shall be graded so that it is free-draining. 27. Ponding & Diversion of Stormwater The developer shall ensure that no ponding of stormwater resulting from the development

occurs on adjacent sites and that no stormwater formerly flowing onto the site is diverted onto other sites.

28. To the extent that these works are of a private nature Council has undertaken only a cursory

assessment of the proposals. By the issuing of this approval Council makes no representation as to the fitness or adequacy of the design of the private works.




“Clearance to Water and Sewerage Assets”. 17. Removal of Trees All existing trees within road reserves, drainage reserves, parks, etc which are proposed for

removal must be identified on the drawings. Before removing any such tree the developer must liaise with Council’s Parks department to determine if Parks wish to relocate the tree. If the tree is to be re-located the developer must coordinate the removal with Parks accordingly.

18. Erosion & Sediment Control Programme Prior to commencing work the developer must provide an erosion and sediment control

programme in accordance with Council’s engineering design guidelines.


MIN/06.08.2008 FOLIO 1428

Operational Works - Non Standard Conditions 2. Amend drawing C-01-03 to show proposed stormwater kerb adaptor to be in accordance with

Mackay Regional Council standard drawing A3-3871. 3. The developer is to provide a landscaping plan addressing the areas along both sides of the

access way of proposed Lot 6. (As required in terms of condition 6 of DA-200-237.) ASSESSMENT MANAGER’S ADVICE 10. This approval shall lapse at the expiration of 2 years from the date of the above operational


It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, 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

12. Dust Control





It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998

15. 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.


MIN/06.08.2008 FOLIO 1429








The developer shall ensure that all conditions and requirements of the decision notice DA-2007-237 issued on 3 December 2007 are complied with during construction and have been fulfilled prior to Council endorsing any Plan of Survey for the development.


MIN/06.08.2008 FOLIO 1430

15. OW-2008-90




Name: BOMA Group

Postal Address: C/- Keith Parsons

PO Box 5951

MACKAY MC QLD 4741

2. PROPERTY DETAILS

Property Address: 29-33 Maggiolo Drive, PAGET QLD 4740

Property Description: Lot 39 on SP 192050


Bosso Holdings Pty Ltd and Maggiolo Holdings Pty Ltd

4. PROPOSAL

Operational Works – Access Driveway, Stormwater Management Plan

5. DECISION TYPE









MIN/06.08.2008 FOLIO 1431












i) Engineering Drawing MIS 10737 prepared by Cardno Ullman & Nolan.

ii) Engineering Drawing C001 and C002 prepared by IDEC. 34. No Incineration of Cleared Vegetation No incineration of cleared vegetation is permitted. All material is to be chipped and/or mulched

and disposed of as approved by Council. 35. Acid Sulphate Soils Any areas where the ground surface elevation is less than RL 20.0 AHD shall be assessed for

acid sulphate soils in accordance with the State Planning Policy 2.02. If acid sulphate soils are


MIN/06.08.2008 FOLIO 1432

identified treatment and management measures shall be implemented in accordance with State Planning Policy & Guidelines.

36. Transport of Material Where the volume of fill material imported to the site or the volume of spoil material exported

from the site exceeds 2,500m3, the volume and transport route are to be nominated for separate Council approval. Specific conditions may apply, including contributions towards the cost of accelerated pavement degradation along haulages routes and/or for repairs to haulage routes.

37. Construction and Acceptance Construction of works is to be carried out in accordance with this approval of Engineering



Engineer (RPEQ) and works shall be subject to Certification at completion.

38. Council Inspections During construction Council may/will conduct Audit Inspections of all works with specific


39. Commencement of Works It is the responsibility of the Consulting Engineer (Design) to address the following matters

prior to the commencement of works on site: g) Three sets of amended engineering plans and other documentation incorporating

amendments requested in this decision notice are to be submitted to and accepted by Council.

h) A copy of this letter of approval is to be provided to the contractor as advice of

specific conditions required by Council. 40. Stormwater Drainage All runoff from stormwater naturally falling onto the site (including roofwater) shall be

collected within the property boundaries and discharged to Council’s stormwater system. The site shall be graded so that it is free-draining. 41. Ponding & Diversion of Stormwater

The developer shall ensure that no ponding of stormwater resulting from the development occurs on adjacent sites and that no stormwater formerly flowing onto the site is diverted onto other sites.


MIN/06.08.2008 FOLIO 1433




“Clearance to Water and Sewerage Assets”. Operational Works - Non Standard Conditions 4. The developer is responsible for monitoring and maintenance of the stormwater treatment

devices in accordance with the Monitoring and Maintenance Plan included with the Site Based Stormwater Management Plan of January 2008, prepared by Cardno Ullman & Nolan.

5. The developer is to verify with the Landscape Architect the proposed vegetation within the

bioretention basin is a species which will maintain the porosity of the filter media. 6. The number of trees to be planted on the road verge is to be reduced to comply with Planning

Scheme Policy No 11. (Copy of relevant chapter is attached.) Any additional trees planted are to be of the same species as the existing street trees.

ASSESSMENT MANAGER’S ADVICE 19. This approval shall lapse at the expiration of 2 years from the date of the above operational



21. Dust Control





MIN/06.08.2008 FOLIO 1434



24. 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 30(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.







The developer shall ensure that all conditions and requirements of the following decision notices are complied with during construction and have been fulfilled prior to commencing the use:


MIN/06.08.2008 FOLIO 1435

16. DA-2007-492




Name: Helena Miltenburg

Postal Address: C/- Humphreys Reynolds Perkins

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 145 Royston Park Drive, KUTTABUL QLD 4741



Kevin J Giles and Josephina G Giles

PO Box 127, KUTTABUL QLD 4741

4. PROPOSAL

Reconfiguration of 1 lot to create 3 Community Title Lots (Rural Residential) plus Common Property

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1436


The following conditions have been changed: Conditions 3 and 4 All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.

7. IDAS REFERRAL AGENCIES Concurrence Agencies Department of Natural

Resources and Water Queensland Central Coast Region PO Box 63 MACKAY QLD 4740

8. SUBMISSIONS


9. PLANNING SCHEME



Not Applicable


Nil


Not Applicable

13. CURRENCY PERIOD The standard currency periods stated in Section 3.5.21 of Integrated Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.




MIN/06.08.2008 FOLIO 1437

17. DA-2007-515


Date of Decision: 6th August 2008

1. APPLICANT DETAILS

Name: Carlyle Street Mackay Pty Ltd

Postal Address: c/- Humphreys Reynolds Perkins

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 48-52 Carlyle Street, Mackay

Property Description: Lots 1 and 2 on RP700909 and Lot 1 on RP700910


Carlyle Street Mackay Pty Ltd

7/50 Great North Road

FIVE DOCK NSW 2046

4. PROPOSAL

Motel (173 Rooms and Ancillary Caretaker's Residence, Conference / Meeting Facilities,

Bar, Reception Area and Recreation Facilities), Catering Shop and Shop

5. DECISION TYPE


Material Change of Use – Development Permit

Pursuant to the Mackay City Planning Scheme



MIN/06.08.2008 FOLIO 1438


The following has been determined in relation to the applicant’s representations: • Condition 2(d) has been amended (reinforced) in light of the amendment

to Condition 34; • Condition 8 has been amended, rather than Condition 21, and is

considered reasonable and relevant to the proposed development; • Condition 9 and Advice Item 8 (reference to number of EP’s for Parkland

Contributions) have been retained unchanged as they are considered reasonable and relevant to the proposed development;

• Condition 10 and Advice Item 8 (reference to number of VPD’s for Transport Network Contributions) has been amended to reflect the current Transport Network Contributions Policy and is considered reasonable and relevant to the proposed development;

• Condition 21 has been retained unchanged as it is considered to be reasonable and relevant to the proposed development;

• Condition 33 has been amended generally in accordance with the applicant’s representations;

• Condition 34 has been amended in accordance with the applicant’s representations;

• Advice Item 8 has been amended to reflect the current Water, Sewer and Parkland contribution rates.

All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.



Submitter (with Appeal Rights)

WS Group PO Box 158 MACKAY QLD 4740

Submitter (with Appeal Rights)

Stewart T Fenner 39 Brisbane St MACKAY QLD 4740


MIN/06.08.2008 FOLIO 1439

9. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme. 10. SUPERSEDED PLANNING SCHEME

Not Applicable 11. FURTHER DEVELOPMENT PERMITS REQUIRED



Not Applicable 13. CURRENCY PERIOD

The standard currency periods stated in Section 3.5.21 of Integrated Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.




MIN/06.08.2008 FOLIO 1440

18. DA-2008-227




Name: D & J Hawkins Developments Pty Ltd

Postal Address: C/- Conics (Mackay) Pty Ltd PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 10A Brandon Street, SARINA QLD 4737

Property Description: L147 on CI3085


D & J Hawkins Developments Pty Ltd and Bobbermein Holdings Pty Ltd

C/- 2 CAMPBELL STREET , CAMPWIN BEACH QLD 4737

4. PROPOSAL

Material Change of Use - Child Care Centre

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1441


The following conditions have been changed: Condition 5 was amended and Condition 13 on Assessment Managers Advise was amended All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.






Not Applicable




Not Applicable





MIN/06.08.2008 FOLIO 1442

19. DA-2008-285


Date of Decision: 05-August-2008


Name: Mr Gilbert DE Costa

Postal Address: C/- Conics (Mackay) Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 115 Grasstree Beach Road, GRASSTREE BEACH QLD 4740



Gilbert N Decosta and Kerry J Decosta

115 Grasstree Beach Rd, GRASSTREE BEACH QLD 4740

4. PROPOSAL

Reconfiguration of 1 Lot to create 2 Rural Residential Lots and an Access Easement.

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1443


The following conditions have been changed: Condition 6 All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.



8. SUBMISSIONS


9. PLANNING SCHEME



Not Applicable


Plumbing and Drainage Works


Not Applicable





MIN/06.08.2008 FOLIO 1444

20. DA-2008-307




Name: QR Limited

Postal Address: GPO Box 1429

BRISBANE QLD 4001

2. PROPERTY DETAILS

Property Address: 75 Gurnett Road, ARMSTRONG BEACH

Property Description: L1 on RP723998


Lester T Gurnett and Ronald J Gurnett and Margaret M Gurnett

PO Box 113, SARINA QLD 4737

4. PROPOSAL

Reconfiguration of 1 lot to create 2 Rural lots

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1445


The following conditions have been changed: Conditions 6, 8, 9, 11 and 12 have been deleted. All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.


Concurrence Agencies Department of Transport PO Box 62

MACKAY QLD 4740 8. SUBMISSIONS




Not Applicable


Nil


Not Applicable





MIN/06.08.2008 FOLIO 1446

21. DA-2008-388


Date of Decision: 08-August-2008


Name: Peter J McCubben

Postal Address: C/- Humphreys Reynolds Perkins

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 1425 Midge Point Road, MIDGE POINT QLD 4799



Marie K Elcoate and Peter J McCubben

PO Box 649, MIDGE POINT QLD 4799

4. PROPOSAL

Reconfiguration of 1 lot to create 2 Rural Residential lots

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1447


The following conditions have been changed: Conditions 3 and 15 have been amended. All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.






Not Applicable


Nil


Not Applicable





MIN/06.08.2008 FOLIO 1448

22. DA-2008-454




Name: Steven J Muscat

Postal Address: 8 Greenmount Rd

WALKERSTON QLD 4751

2. PROPERTY DETAILS

Property Address: 25 Conder Parade, MIDGE POINT QLD 4799



Steven J Muscat and Vicki Muscat

8 Greenmount Rd, WALKERSTON QLD 4751

4. PROPOSAL

Material Change of Use - 2 Oversized Sheds

1. ( 65m2 & Height 4.49metres)

2. (117m2 & Height 3.87 metres) AND

3. (5 Metre Awning)

5. DECISION TYPE






MIN/06.08.2008 FOLIO 1449


The following conditions have been changed:

Condition 9 has been amended.

All remaining conditions remain unchanged as per original Decision Notice. The conditions for this Negotiated Decision Notice are attached.






Not Applicable


Building Works Plumbing and Drainage Works


Not Applicable

13. RELEVANT PERIOD

The standard relevant periods stated in Section 3.5.21 of Integrated 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 Integrated Planning Act which details your appeal rights and the appeal rights of any submitters regarding this decision.


MIN/06.08.2008 FOLIO 1450

Confirmed on Wednesday 27 August 2008.

……………………………………… MAYOR


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APPENDIX / ATTACHMENTS

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