this is a mackay regional council digitally signed document€¦ · 81213 r-a-13-024 a sugar...

YOUR REF: DPA-0446 OUR REF: DA-2015-126

28 October 2015 Sugar Australia C/- Justin Peel PO Box 4499 SOUTH MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Sugar Australia Proposal: Material Change of Use - General Industry (Workshops) Application Number: DA-2015-126 Address: 26277 & 26259 Peak Downs Highway, RACECOURSE QLD 4740 Property Description: Lot 1 on RP732066 and Lot 2 on CP854468 Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use

Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Helle Jorgensen Smith.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Application Number: DA-2015-126

Date of Decision: 21 October 2015

1. APPLICANT/S DETAILS

Name: Sugar Australia

Postal Address:

C/- Justin Peel

PO Box 4499

SOUTH MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 26277 & 26259 Peak Downs Highway, RACECOURSE QLD 4740

Property Description: Lot 1 on RP732066 and Lot 2 on CP854468

3. PROPOSAL

Material Change of Use - General Industry (Workshops) 4. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Approved in Full Subject to Conditions


Decision Notice


5. ASSESSMENT MANAGER’S CONDITIONS

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

6. IDAS REFERRAL AGENCIES

Concurrence Agencies

Department of Infrastructure, Local Government & Planning

Mackay Isaac Whitsunday Regional Office PO Box 257 MACKAY QLD 4740

7. SUBMISSIONS

There were no properly made submissions received on this application.

8. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme including amendments up to 24 February 2014.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED

Building Works – Development Permit

11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

12. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

13. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your

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


Decision Notice


14. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

28 October 2015

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2015-126 Decision Date: 21 October 2015

Page 1 of 4

1. Plan of Development

The approved two sheds 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.

Project Number

Drawing Number

Revision Prepared by Date

DPA-0446-0001

A Justin Peel 12-8-2015

81213 R-A-13-022 A Sugar Australia 1/8/2015 81213 R-A-13-023 A Sugar Australia 1/8/2015 81213 R-A-13-020 B Sugar Australia 1/8/2015 81213 R-A-13-021 B Sugar Australia 1/8/2015 81213 R-A-13-024 A Sugar Australia 11/8/2015 81213 R-A-13-026 A Sugar Australia 11/8/2015 81213 R-A-13-027 A Sugar Australia 11/8/2015

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

3. Maintenance of Development

The approved development (including landscaping, car parking, driveways and other external spaces) must be maintained in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

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

5. Damage The developer is responsible for the repair of any damage that is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. The developer must make any damage safe and then notify Council immediately. Council will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

6. 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 Construction Specifications.



Page 2 of 4

7. 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.

8. Existing Services - Water and Sewer The proposed development must connect to the existing reticulated water and sewer services provided to the subject site.

9. Existing Landscaping The applicant must re-establish all existing landscaping areas to the same standard of the new landscaping.

10. Vehicle Manoeuvring All car parking spaces must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

11. 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.

12. Use of Car Parking areas The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

13. Fencing All current fencing must be retained.

ASSESSMENT MANAGER’S ADVICE 1. Engineering Assessment

An engineering assessment was not undertaken as part of this approval, therefore at Operational Works approval it is the applicant’s responsibility to demonstrate that the proposal is able to be constructed with full compliance.



Page 3 of 4

2. Local Laws

The approved development must also comply with Council’s current Local Laws under the Local Government Act 2009.

3. Hours of Work It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

4. Dust Control It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

5. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

6. Noise During Construction and Noise in General It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

7. General Safety of Public During Construction It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) of the Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.



Page 4 of 4

8. Contaminated Land

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

9. Infrastructure Charges Notice Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice.


Mackay Isaac Whitsunday Regional Office

Level 4, 44 Nelson StreetPO Box 257

Mackay QLD 4740

Our reference: SDA-0915-023795Your reference: DA-2015-126

22 September 2015

Chief Executive OfficerMackay Regional CouncilPO Box 41Mackay QLD 4740

Attention: Helle Jorgensen Smith

Dear Ms Jorgensen Smith

Concurrence agency response (with conditions) given under section 285 of the Sustainable Planning Act 2009 for Material Change of Use for General Industry (Workshops) over Lot 1 RP732066 and Lot 2 CP854468 at Peak Downs Highway, Racecourse QLD 4740

The referral agency material for the development application described below was received by the Department of Infrastructure, Local Government and Planning under section 272 of the Sustainable Planning Act 2009 on 3 September 2015.

Applicant details

Applicant name: Sugar Australia

Applicant contact details: c/- Justin Peel

PO Box 4499Mackay South QLD 4740

Site details

Street address: 26277 and 26259 Peak Downs Highway, Racecourse, QLD 4740

Lot on plan: Lot 1 on RP732066 and Lot 2 on CP854468

Local government area: Mackay Regional Council

Application detailsProposed development: Material Change of Use – General Industry (Workshops)


sarahwe

Received (Manual Date)

SDA-0915-023795

Department of Infrastructure, Local Government and Planning Page 2

Aspects of development and type of approval being sought

Development Permit for Material Change of Use for General Industry (Workshops)

Referral triggers

The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, item 1 – State controlled roads

ConditionsUnder section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in Attachment 1 must be attached to any development approval.

Reasons for decision to impose conditionsUnder section 289(1) of the Sustainable Planning Act 2009, the department must set out the reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Approved plans and specificationsThe department requires that the following plans and specifications set out below and in Attachment 4 must be attached to any development approval.

Drawing/Report Title Prepared by Date Reference no. VersionAspect of development: material change of useSugar Australia New Sheds – Overall Layout Plan

Justin Peel 12/08/2015 DPA-0446-0001 A

Racecourse Refinery – Spare Parts Storage – Site Layout

Sugar Australia 01/08/2015 R-1-13-023 A

A copy of this response has been sent to the applicant for their information. For further information, please contact the Mackay Isaac Whitsunday Regional Office on (07) 4898 6888, or email [email protected] and one of our officers will be pleased to assist.

Yours sincerely

Patrick RuettjesManager (Planning) – Mackay Isaac Whitsunday Regional Office

cc: Sugar Australia c/- [email protected]

enc: Attachment 1—Conditions to be imposedAttachment 2—Reasons for decision to impose conditionsAttachment 3—Approved Plans


SDA-0915-023795



Attachment 1—Conditions to be imposed

No. Conditions Condition timing

State controlled roads

Sustainable Planning Regulation 2009, Schedule 7, Table 3, Item 1—Pursuant to section 255D of the Sustainable Planning Act 2009, the chief executive administering the Act nominates the Director-General of the Department of Transport and Main Roads to be the assessing authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):

1. The development must be carried out generally in accordance with the following plans:

Sugar Australia New Sheds – Overall Layout Plan, prepared by Justin Peel, dated 12 August 2015, drawing number DPA-0446-0001, Revision A.

Racecourse Refinery, Spare Parts Storage – Site Layout, prepared by Sugar Australia, dated 1 August 2015, drawing number R-A-13-023, Revision A.

At all times.

T13


SDA-0915-023795



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are: To ensure the development is carried out generally in accordance with the plans of

development submitted with the application.

T13


SDA-0915-023795



Attachment 3—Approved plans

T13


Rev A: For Approval SUGAR AUSTRALIA NEW SHEDS

OVERALL LAYOUT PLAN

Lot 2 on CP854468 and Lot 1

on RP732066 (linked)

SCALE: Not to scale DATE: 12-8-2015

26271 Peak Downs Highway

DPA-0446-0001 Drawn by: Justin Peel Racecourse Qld 4740

Location of

Proposed

Sheds


Rev A: For Approval SUGAR AUSTRALIA NEW SHEDS

OVERALL LAYOUT PLAN

Lot 2 on CP854468 and Lot 1

on RP732066 (linked)

SCALE: Not to scale DATE: 12-8-2015

26271 Peak Downs Highway

DPA-0446-0001 Drawn by: Justin Peel Racecourse Qld 4740

Location of

Proposed

Sheds


karenh

Received (Manual Date)

hellej

Manual DA & Date


hellej

Manual DA & Date

Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters – General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.


Decision Notice


463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


Decision Notice


NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2015-126

Date of Approval 21 October 2015

Approved Material Change of Use - General Industry (Workshops)

Location 26277 and 26259 Peak Downs Highway, RACECOURSE QLD 4740

Property Description Lot 1 on RP732066 and Lot 2 on CP854468

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Sugar Australia Address: C/- Justin Peel PO Box 4499 SOUTH MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


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