2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at...

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Gympie Regional Council MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Old Bank Building Cnr Nash & Channon Streets, Gympie Qld 4570 On Wednesday 1 April 2009 at 9.00 a.m. For Adoption at the General Meeting to be held on Wednesday 8 April 2009

Transcript of 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at...

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Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Old Bank Building

Cnr Nash & Channon Streets, Gympie Qld 4570

On Wednesday 1 April 2009 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 8 April 2009

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Gympie Regional Council

PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. 9.00 a.m. “In-Committee” CONTENTS LEAVE OF ABSENCE.......................................................................................................................................... 3 APOLOGIES .......................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3 SECTION 7: “IN COMMITTEE” ITEMS......................................................................................................... 5

7/1 COMPLAINT OF ALLEGED UNAUTHORISED ACCESS TO ALLOTMENTS.................................................... 5 CONFIRMATION OF PREVIOUS MINUTES.................................................................................................. 5 SECTION 2: PLANNING APPLICATIONS ...................................................................................................... 6

2/1 2008-1056 – MATERIAL CHANGE OF USE – COMMERCIAL PREMISES (MEDICAL CENTRE) & SHOP (PHARMACY) – 21 EXHIBITION ROAD, GYMPIE – POWER ROAD PTY LTD .................................... 6 2/2 2008-1337 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE FOR GENERAL INDUSTRY (MECHANICAL WORKSHOP) – 8 DU RIETZ COURT, SOUTHSIDE – D. BRENNAN ................................... 30 2/3 DA17343 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE FOR MULTI-RESIDENTIAL (DUAL OCCUPANCIES ON APPROVED SUBDIVISION) – 3-7 JAMES KIDD DRIVE, MONKLAND – GYMPIE GARDENS PTY LTD ................................................................................................................. 40

SECTION 3: RECONFIGURING A LOT APPLICATIONS.......................................................................... 44

3/1 2008-1312 – RECONFIGURING A LOT – SUBDIVISION TO CREATE TWO (2) ADDITIONAL LOTS – 23 ROSELEA AVENUE, SOUTHSIDE – W. KAHMANN............................................................................. 44 3/2 2008-0180 – RECONFIGURING A LOT – SUBDIVISION TO CREATE THREE (3) ADDITIONAL LOTS AND ACCESS EASEMENT – 449 EEL CREEK ROAD, PIE CREEK – KEDING GROUP PTY LTD.................. 49

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................. 61

4/1 PLANNING APPLICATIONS PENDING ..................................................................................................... 61 4/2 DEVELOPMENT APPLICATIONS APPROVED........................................................................................... 83

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SECTION 5: GENERAL MATTERS ................................................................................................................ 86 5/1 2009-0135 - REQUEST FOR COUNCIL TO REVIEW APPLICATION FEES FOR MATERIAL CHANGE OF USE – EXTRACTIVE INDUSTRY (EXTRACTION & SCREENING OF SOIL, SAND & GRAVEL) AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA # 16, 2 (B) – EXTRACTING ROCK OR OTHER MATERIAL 5 000T TO 100 000T IN A YEAR AND ERA # 16, 3 (A) – SCREENING 5 000T TO 1 00 000T IN A YEAR) OVER LOT 44 MCH237, LOT 39 RP42804 & LOT 1 RP225035 – CURRA ESTATE ROAD, CURRA............................................................................................................. 86

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION...................................................................... 90

NIL ..................................................................................................................................................................... 90 LATE ITEMS ....................................................................................................................................................... 90

LATE ITEM 1 RADF PROGRAM FUNDING FOR 2009/2010 BUDGET ............................................................ 90 LATE ITEM 2 DA15904 – MATERIAL CHANGE OF USE – GENERAL INDUSTRY (WRECKING AND SCRAP YARD) AND ENVIRONMENTALLY RELEVANT ACTIVITY (ERA # 27 – METAL RECOVERY) – 54 FLOOD ROAD, EAST DEEP CREEK – J. TOWLER............................................................. 93 LATE ITEM 3 2008-0399 – MATERIAL CHANGE OF USE – EDUCATION OR HEALTH PREMISES (ADDITIONS TO EXISTING EDUCATION PREMISES) – 173-175 OLD MARYBOROUGH ROAD, ARALUEN – VICTORY COLLEGE........................................................................................... 109

SECTION 1: STRATEGIC PLANNING MATTERS .................................................................................... 123

1/1 LOCAL HERITAGE REGISTER INFORMATION NIGHT ........................................................................... 123 1/2 RESPONSE TO COOLOOLA COVE RESIDENTS AND FRIENDS REGARDING THE PROPOSED BMX TRACK RELOCATION AND FUTURE MASTER PLANNING OF CENTENARY OF FEDERATION PARK........ 125

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The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, R.A. Gâté, D.R.

Neilson, A.J. Perrett, & J. Watt. Also in attendance were Mr .K.A. Mason (Chief Executive Officer),

Mr M. Hartley (Director of Planning & Development), Mrs K.A. Rolfe (Manager Strategic Planning), Ms T.M. Stenholm (Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary).

Cr J. Watt, Mrs K.A. Rolfe (Manager Strategic Planning) and Ms T.M. Stenholm (Manager Development & Compliance) were not present when the meeting commenced.

LEAVE OF ABSENCE

That Cr Julie Walker be granted Leave of absence from all Council Meetings for the duration of her rehabilitation vide minute G13/02/09. That Cr L.J. Friske be granted Leave of Absence from all Council meetings to be held on the 1 April 2009 to attend the Saleyards Board Meeting vide minute G45/03/09.

APOLOGIES

Nil.

DECLARATION OF INTERESTS BY COUNCILLORS

P11/04/09, P12/04/09 & P16/04/09 – Cr G.L. Engeman – Conflict of Interest.

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COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee”

to discuss 1. “In-Committee” Appointment 2. Industrial Strategy Update 3. Complaint of Alleged Unauthorised Access to Allotments P01/04/09 Moved: Cr D.R. Neilson Seconded: Cr A.J. Perrett That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. “In-Committee” Appointment 2. Industrial Strategy Update

3. Complaint of Alleged Unauthorised Access to Allotments Further, that in relation to the provisions of Section 250 of the Act,

Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried. “In-Committee” appointment attendees entered the meeting at 9.02 a.m. and

provided a powerpoint presentation. Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m. Mr M. Hartley (Director Planning & Development) left the meeting at 9.27 a.m. and returned to the meeting at 9.35 a.m. “In-Committee” appointment attendees left the meeting at 9.36 a.m. Cr R.A. Gâté left the meeting at 9.55 a.m.

COUNCIL OUT OF COMMITTEE P02/04/09 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett That proceedings be resumed in Open Council.

Carried.

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SECTION 7: “IN COMMITTEE” ITEMS 7/1 Complaint of Alleged Unauthorised Access to Allotments

P03/03/09 Moved: Cr A.J. Perrett Seconded: Cr R.J. Dyne

Recommend that Council endorse correspondence sent to the adjacent property owner by Council on 5 December 2008 and take no further action.

Carried.

ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 10.15 a.m. RESUMPTION OF MEETING The meeting resumed at 10.30 a.m.

Ms T.M. Stenholm (Manager Development & Compliance) entered the meeting at 10.30 a.m.

CONFIRMATION OF PREVIOUS MINUTES

P04/04/09 Moved: Cr J. Watt Seconded: Cr A.J. Perrett

That the Minutes of the Planning & Development Committee Meeting held on 18 March 2009 be taken as read and confirmed.

Carried.

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SUSPENSION OF STANDING ORDERS P05/04/09 Moved: Cr A.J. Perrett Seconded: Cr G.L. Engeman

Recommend that the Committee suspend standing orders to deal with Strategic Planning Matters at the end of the meeting.

Carried. SECTION 2: PLANNING APPLICATIONS 2/1 2008-1056 – Material Change of Use – Commercial Premises (Medical Centre)

& Shop (Pharmacy) – 21 Exhibition Road, Gympie – Power Road Pty Ltd FILE NO: Minute: P06/04/09 2008-1056 APPLICANT: Power Road Pty Ltd LANDOWNER Power Road Unit Trust RPD: Lot 6 MPH 24053 SITE ADDRESS: 21 Exhibition Road, Gympie PROPOSAL: Material Change of Use – Commercial

Premises (Medical Centre) & Shop (Pharmacy)

ZONE: Housing PLANNING AREA: Gympie ASSESSMENT: Code (Inconsistent Use) SITE AREA: 1 854m2

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KEY POINT SUMMARY

• application for a medical centre and associated pharmacy on Exhibition

Road, Southside previously reported to Council’s Planning and Development Committee on 4 February 2009;

• Council resolved to refer the application back to officers for further consideration with a view to providing Council with appropriate conditions of approval;

• further assessment indicated no additional information required to finalise the application;

• Main Roads have provided conditional approval to the development; • appropriate conditions of approval provided as requested by Council. Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 Introduction This application was previously presented to Council’s Planning and Development Committee on 4 February 2009 where Council resolved vide minute P03/02/09 to: ‘Recommend that the application be referred back to officers for further consideration with a view to providing Council with appropriate conditions of approval.’ 2.0 Previous Report A copy of the previous report is reproduced below for Councillor’s benefit. ‘1.0 INTRODUCTION 1.1 The Proposal The applicant seeks Council approval to establish Commercial Premises and a Shop comprising a single storey Medical Centre and Pharmacy with a total floor area of 565m2. The centre is to be accessed via a service road in close proximity to the intersection of Exhibition Road and Power Road. Provision is to be made for the on-site parking of 32 vehicles incorporating an ambulance bay and an accessible (PWD) parking space.

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1.2 The Site The site contains an area of 1 854m2 and is developed with a timber residence, which is to be removed should the proposal be approved.

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1.3 Surrounding Land Uses Generally the site is on the fringe of a residential locality but adjoining rural uses to the east. 2.0 STATUTORY REQUIREMENTS 2.1 Planning Scheme Provisions The site is zoned Housing under the Cooloola Shire Planning Scheme in which Commercial Premises and Shops are subject to Code Assessment. The following Codes are applicable to the development:

• Gympie Planning Area Code • Erosion and Sediment Control Code • Infrastructure Works Code • Landscaping Code • Vehicle Parking and Access Code

Gympie Planning Area Code Commercial premises and shops are considered to be ‘inconsistent uses’ within the Housing Zone, unless the site is included in the Medical Preferred Use Area. The applicant has addressed this inconsistency in the following submission: “Land use, the proposed uses are inconsistent uses under the provisions of the Cooloola Planning Scheme for the subject site. In requesting Council to support the application the following justification is provided; a. Commercial development on the Southside is needed to support the

residential development that is occurring there. Commercial development on the Southside servicing the needs of its residents will assist to reduce traffic and other impacts elsewhere in the city and be more convenient for the Southside residents.

There is considerable difficulty in providing addition (sic) commercial development in the Southside as the two commercially zoned parcels are being held back from development. As a consequence development pressure exists around the existing commercial land on sites that are not attractive for residential use. Council has approved an office development and child care centre outside the zoned land to allow for the needed development to occur.

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The area bounded by Exhibition Road, Power Road and the flood prone rural land to rear contains 11 allotments some of which are constrained by flooding. Within this precinct there exists an engineering work shop and an approval for office development. It is submitted that this precinct is suitable for small scale commercial uses provided traffic issues are addressed. Further that this land is the logical commercial expansion node to provide the opportunity for the needed services. The subject application is a logical extension of the commercial area to meet the identified needs.

b. Similar justification for the subject proposal exists to that used to support the Council(sic) similar decision on a nearby site (DA 17024 at 29 Exhibition Road).

c. The proposed use will not adversely impact on the residential amenity of

the area. Consultation with the most impacted neighbour has occurred. d. The proposal accords with the desired environmental outcomes of the

2005 Cooloola Planning Scheme. In particular outcome number 12 is restated below.

(12) Accessibility to adequate commercial, medical, health and other

essential services is maximised e. The proposal is for commercial premises which are primarily

appointment based businesses and will not rely on overt advertising to attract passing trade.”

Given the zoning of the site, the planning scheme does not foreshadow commercial development at this location. To allow the proposed development would jeopardise the orderly expansion of the currently zoned commercial land and introduce commercial intrusion into an existing residential area. Two (2) large undeveloped parcels of commercial zoned land are allocated in this vicinity on the Southside (see map following). A development approval for a shopping centre exists over the site fronting Ramsay Road, and related operational work approvals have been submitted for the development. Until this is built and tenanted it is considered difficult to argue need for additional commercial development on the Southside.

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Until such time as Council formally reviews the planning scheme and identifies the appropriate sites for commercial expansion on the Southside, if indeed it is required, the application should not be supported. Generally the proposed development meets the development standards of the code except for the following issues. The development will generate approximately 6 trips / hour both AM and PM peak periods being 38 trips in and 38 trips out along a residential designated service road, which is well in excess of the residential expectation within the housing zone. In view of the above, the location of the development coupled with the increased traffic generation would generate adverse changes to the traffic conditions experienced by existing residents along the service road. Whilst it is acknowledged that the Department of Main Roads has commenced investigations into an upgrade of Exhibition Road fronting the development site, which will likely result in removal of the service road, the Department indicate that the State Government has not allocated any funding to the work and completion could therefore be some time away. This issue is considered to further emphasise the premature nature of the development. Table 8.4 of Schedule 3 of the Planning Scheme stipulates a minimum side and rear building setback of 3 metres.

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The applicant seeks relaxation of the above standard to 1.5 metres as the proposed side and rear boundary building interface with the neighbouring properties has been designed to avoid any adverse amenity impacts. The applicant proposes the following treatments: “a densely landscaped with planting to screen the building b boundary screen fence of timber c. no opening windows or clear glass d. area kept clear of goods and items of plant (air conditioners)” Having regard for the scale and nature of development and treatments proposed the nominated boundary setbacks are considered acceptable. Erosion and Sediment Control Code No perceived impacts that cannot be controlled / managed by appropriate conditions at the operational works / building permit stages of the development. Infrastructure Works Code The necessary infrastructure to service the development is existing. Landscaping Code In accordance with Schedule 8 – Minimum Landscaping Dimensions and Works, landscaping is to be provided as follows: Requirement Proposed Along all frontages Minimum of 3 metres wide at any point and averaging 4 metres wide. Along all boundaries adjoining dwelling houses. Minimum of 2 metres wide at any point and averaging 3 metres wide.

Along all frontages 3 metres wide. Along all boundaries adjoining dwelling houses. 1.5 metres to 2 metres wide.

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In addition to the above, the Schedule requires landscaping to be provided as follows: Requirement Proposed One Shade tree per six parking spaces or five trees per 1,000m2 of site area. Provide a landscape area minimum 1.5 metres between carpark and building.

Nil 1.5 metre area clearance provided.

As indicated above, the proposed development only partly meets the landscaping requirements of the Planning Scheme. However the area available for landscaping together with the provision of screen fencing and shade trees within the proposed carparking area would be sufficient to break up building lines and hard surface elements of carparking. Vehicle Parking and Access Code Schedule 10 – Minimum Vehicle Parking Requirements, stipulates carparking for commercial premises to be provided at the following rates: 5.5 spaces per 100m2 of GAA = 5.5 x 5 9ie 565m2) = 27 1 space for ambulance bay = 1 Required Parking = 28 spaces Proposed Parking = 32 spaces (incorporating an Ambulance bay) Within the terms of the Vehicle Parking and Access Code bicycle parking is applicable as the development exceeds 500m2. Provision has not been made in the applicant’s submission, however any approval could be conditional accordingly.

3.0 PLANNING CONSIDERATIONS 3.1 Amenity Concerns have previously been raised that the additional traffic generated by the proposed development will be uncharacteristic and impact on existing residences on the service road.

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No other significant amenity issues are raised, however, given the location of the site fronting a major collector road (Exhibition Road) and the boundary setbacks/treatments proposed. 3.2 Site Contamination The land is not contained within the Environmental Management Register. 3.3 Flooding The site is impacted by the 1 in 50 year ARI flood line and almost completely inundated in a Q100 flood event. The planning scheme does not regulate floor levels for non-residential buildings in the Housing Zone however it is worth noting that an escape route is available from the site direct to the Exhibition Road service road should flood waters reach this point. 3.4 Water Supply and Sewerage The land is within the Water & Sewer Supply Area and headworks contributions apply as follows, which incorporates a credit for the existing use of the site for a dwelling house: Water Supply $1 878 Sewerage $5 871 4.0 CONSULTATION 4.1 Internal (a) Department of Engineering Report: (Infrastructure Planning Manager – T. Laszlo) In view of the possible upgrading of Exhibition Road commercial development should be carefully planned in this locality in relation to traffic issues along Exhibition road and associated flows and movements (particularly right hand turning movement) on an arterial road. Approval of this proposal with the current traffic arrangement (ie service road) would be considered to result undesirable traffic movements through the Exhibition/Power road intersection. Department of Main Roads have not yet finalised their designs for the intersection and Exhibition Road upgrade.

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If this development were to be approved it could set a precedent for infill developments of similar uses, which would have an unacceptable cumulative effect on traffic numbers. This is not advisable in the absence of adequate planning including a traffic analysis of the Power Road/Exhibition Road intersection. If the development is considered by Council to contain merit, further assessment should be undertaken and further information requested in relation the location of an existing sewer trunk main relative to the proposed building. A brief assessment only has been undertaken given the recommendation made. (b) Department of Health and Community Services Concerns raised by Health and Community Services regarding refuse servicing, bin location and enclosed screening of refuse bins should be conditioned on any approval granted. 4.2 External (a) Department of Main Roads Under the provision of the Integrated Planning Act 1997 the application was referred to the Queensland Department of Main Roads as a referral agency, given the site’s frontage to Exhibition Road. The Department has responded with conditions of approval relating to access, cost of works, noise assessment and stormwater runoff. No significant upgrading works have been conditioned other than road access works being constructed in accordance with Council’s standard requirements. 5.0 PUBLIC CONSULTATION The application does not require formal advertising under the terms of the Integrated Planning Act 1997 due to the level of assessment. However due to the nature of the application and that the use is inconsistent in the Housing Zone adjoining property owners were notified of the proposal seeking any comments. As a result no submissions were received.

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6.0 CONCLUSION The proposed development is not recommended for approval for reasons outlined in the report and as listed in the recommendation.’ 3.0 Assessment As requested by Council, the following are considered appropriate conditions that should be attached to any approval of the development. Assessment Manager’s Conditions SECTION 1.0 – Conditions to be Satisfied Prior to the Commencement of

the Approved Use 1.1 The development herein approved may not start until: (i) the following development permits have been issued and complied

with as required - (a) Development Permit for Building Work (Removal of Existing

Dwelling and New Building Work); (b) Development Permit for Operational Work (Civil Works and

Landscaping); and (ii) development authorised by the above permits has been completed to

the satisfaction of Council’s Chief Executive Officer. Contributions 1.2 In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $11 175, however will be indexed every 12 months from the date of this decision notice in accordance with ABS ANZSIC Index Class 4121.

1.3 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

The contribution is currently assessed at the following rates and subject to

final gross floor areas shown on approved building plans, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

Commercial Premises (Medical Centre) 1.1ep/100m2 gfa Shop (Pharmacy) 0.8ep/100m2 gfa 1.0 ep is currently charged at $1 105.11 (valid until 30 June 2009).

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1.4 Contribution is to be made towards Sewerage Headworks in accordance

with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

The contribution is currently assessed at the following rates and subject to

final gross floor areas shown on approved building plans, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

Commercial Premises (Medical Centre) 1.3ep/100m2 gfa Shop (Pharmacy) 1.2ep/100m2 gfa 1.0 ep is currently charged at $1 726.97 (valid until 30 June 2009). Amenity 1.5 All night lighting must be designed and constructed to the satisfaction of

Council’s Chief Executive Officer so that light emitted from the subject land does not, in the opinion of the Council, cause nuisance or annoyance to residents or traffic in the immediate vicinity.

1.6 All associated plant and equipment including air conditioner units shall be

installed and/or housed within visually appropriate acoustically treated enclosures.

1.7 A 2.0 metre high solid fence is to be installed along all common

boundaries between the development site and existing residential properties.

Trade Waste 1.8 Any discharges of Trade Waste generated by the development approved

herein shall be treated in accordance with Council’s Trade Waste Environmental Management Plan.

Landscaping 1.9 Landscaping works are to be completed in accordance with the approved

landscape plans. Food Safety 1.10 (i) With the submission of a development application for building

work, two (2) copies of plans and specifications of the food preparation area are to be submitted at a scale of not less than 1:100, for assessment pursuant to the Food Safety Standards set out in Chapter 3 of the Australia New Zealand Food Standards Code.

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(ii) Building work shall be undertaken in accordance with the approved plans and specifications (referred to in (i) above).

(iii) The use of the food preparation area herein approved may not commence until kitchen fixtures, fittings and finishes have been installed in accordance with the approved plans and specifications (referred to in (i) above) and Food Safety Standard 3.2.3 – Premises and Equipment set out in Chapter 3 of the Australia New Zealand Food Standards Code.

1.11 Prior to commencement of the operation of the licensable food business a

licence pursuant to the Food Act 2006 is to be obtained from Council. Refuse Management 1.12 The following items are to be provided in accordance with the

Environmental Protection (Waste Management) Regulation 2000: (i) approved refuse containers (for general waste); (ii) a centralised refuse storage enclosure comprising an imperviously

paved area provided with a hose cock and hose; and (iii) drainage designed to prevent stormwater entering Council’s sewer. 1.13 The number and type of non-clinical waste refuse containers provided on-

site is to be determined in accordance with Council’s Rating Policy. Accessibility Issues 1.14 A continuous accessible path of travel from the accessible parking bays to

the main entrance of the building is to be provided to enable people using mobility aids unimpeded access to the premises.

1.15 The front entrance doorways are to allow independent access by people

using wheelchairs or other mobility aids which complies with AS1428.1. Building Matters 1.16 Any retaining structures greater than 1.0 metre in height are to be

certified by an RPEQ structural engineer and subject to a Development Permit for Building Work.

Miscellaneous 1.17 Written confirmation is provided to Council that Department of Main

Roads conditions attached to this Development Permit are substantially completed/fulfilled to the satisfaction of the Department of Main Roads.

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Gympie Regional Council

1.18 The development herein approved may not start until written

confirmation is provided to Council that access to Exhibition Road is constructed in accordance with the requirements of the Department of Main Roads. Note: Additional lighting may be required.

SECTION 2.0 – Conditions Relevant to the Issue of a Development Permit

for Operational Work (Civil Works and Landscaping) Roadworks 2.1 The existing road is to be upgraded to a standard compatible with the

proposed development. Council requires the following works to be carried out on Exhibition Road:

(a) an intersection is to be constructed onto Exhibition Road, aligned with the proposed site access. Approval of the plans for such work is to be obtained from the Department of Main Roads and submitted to Council with the development application for operational work.

Stormwater 2.2 A stormwater drainage plan is to be submitted and approved by Council

outlining proposed means of managing stormwater through and from the site and detailing measures to be undertaken to ensure no worsening of the overall quality of the stormwater occurs as a result of the use.

2.3 Roof and surface water is to be collected on site and is to be discharged

in accordance with an RPEQ certified designed detention system or other manner acceptable to Council that will not worsen the pre-development discharge flows from the site onto downstream properties.

Carparking and Access 2.4 Car parking and access areas shall be sealed pavement and designed,

drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

2.5 A minimum of 28 car parking spaces are to be provided for the

development, including a minimum one (1) accessible parking bay complying with the requirements of AS2890.1 and one (1) ambulance bay.

2.6 The internal driveway is to be constructed in a manner to provide suitable

access for a refuse collection vehicle to the satisfaction of Council’s Chief Executive Officer.

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Gympie Regional Council

2.7 Access to the proposed lot/s is/are to be constructed in accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-05.

2.8 Existing abandoned driveway accessed are to be reinstated with kerb and

channel and footpath verges reinstated to comply with the requirements of the Infrastructure Works Code.

2.9 A ‘No Parking Any Time’ zone is to be provided and appropriately

signed for the full frontage of the development site on both sides of the service road and Exhibition Road.

Water Supply and Sewerage 2.10 (i) Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems, including the provision of a back flow device, at no cost to Council. Connection shall be in accordance with a development permit for Operational Works approving the required hydraulic plans and specifications, as prepared by a recognised building hydraulics engineer, for such works.

(ii) The backflow prevention device is to be maintained and tested in accordance with Council’s approval.

2.11 All sewer lines and other underground services traversing the site are to

be located by a registered surveyor prior to submission of a preliminary design for operational and building work. Note: A ‘Building Over Sewer’ application is required should the building foundations encroach within two (2) metres of a sewer in accordance with Council Policy PR-WS-02.

Landscaping 2.12 Landscaping is to be provided for the development as following: (i) a 3.0 metre strip along the Exhibition Road frontage of the site; (ii) shade trees within the car parking area; (iii) a 1.5 metre strip along the common boundaries of the development

site with adjoining residential properties between the road frontage and the frontage of the building; and

(iv) a minimum one (1) metre wide strip between the car parking area and the frontage of the building.

2.13 A properly prepared Landscape Plan in accordance with Council’s

Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

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Gympie Regional Council

SECTION 3.0 – General Conditions of Approval 3.1 The development shall be generally in accordance with the following

approved plans submitted with the application:

Reference Number Drawn by Date SK010 GHD July 2007

including the following maximum gross floor areas: Commercial premises (Medical Centre) 1 361m2 gfa Shop 250m2 gfa 3.2 Loading/unloading operations shall be conducted within the site and

vehicles waiting to be loaded/unloaded shall stand entirely within the site. 3.3 Undertake at no cost to Council, the alteration of any public utility mains

(eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

3.4 Stormwater is to be disposed of on site so as to cause no scour or damage

to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

3.5 Wastewater and other liquid wastes are not to be released to stormwater

drainage systems, stormwater, groundwater or discharged to waterways. 3.6 The approval does not extend to overnight accommodation of patients.

3.7 No earthworks or filling works are to be undertaken prior to the issue of a

Development Permit for Building or Operational Work. 3.8 The landscaping shall be maintained (watering, fertilising, mulching,

weeding, and the like) at all times. 3.9 Servicing of non-clinical refuse containers is to be at a location approved

by Council’s Chief Executive Officer. 3.10 The operator should note that it is a requirement of the Environmental

Protection (Waste Management) Regulation 2000 that a person who operates a premises at which clinical or related waste is generated -

(a) must set aside an area for storing the waste that is not accessible to animals or persons, other than persons who are authorised by the person operating the premises to enter the area; and

(b) must not store the waste anywhere other than in an area mentioned above.

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Gympie Regional Council

3.11 Clinical or related waste is to be sent to a waste disposal or treatment facility only via an operator who holds a registration certificate pursuant to the Environmental Protection Act 1994.

SECTION 4.0 Notes 4.1 All cleared vegetation is to be suitably processed or removed from the site

at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to:

(i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be

approved. Note: Bulk green waste is no longer accepted at any Council landfill site. 4.2 Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

4.3 Any proposed advertising devices are to be in accordance with Council’s

Advertising Devices Code and subject to a further development permit for operational work where required.

P06/04/09 Moved: Cr G.L. Engeman Seconded: Cr D.R. Neilson

(A) Recommend that Council, as Assessment Manager, APPROVE

development application 2008-1056 for Material Change of Use – Commercial Premises (Medical Centre) over Lot 6 MPH 24053 located at 21 Exhibition Road, Gympie subject to the following conditions:

Assessment Manager’s Conditions SECTION 1.0 – Conditions to be Satisfied Prior to the Commencement of

the Approved Use 1.1 The development herein approved may not start until: (i) the following development permits have been issued and

complied with as required - (a) Development Permit for Building Work (Removal of

Existing Dwelling and New Building Work); (b) Development Permit for Operational Work (Civil Works

and Landscaping); and

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Gympie Regional Council

(ii) development authorised by the above permits has been completed to the satisfaction of Council’s Chief Executive Officer.

Contributions 1.2 In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $11 175, however will be indexed every 12 months from the date of this decision notice in accordance with ABS ANZSIC Index Class 4121.

1.3 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

The contribution is currently assessed at the following rates and

subject to final gross floor areas shown on approved building plans, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

Commercial Premises (Medical Centre) 1.1ep/100m2 gfa Shop (Pharmacy) 0.8ep/100m2 gfa 1.0 ep is currently charged at $1 105.11 (valid until 30 June 2009). 1.4 Contribution is to be made towards Sewerage Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal.

The contribution is currently assessed at the following rates and

subject to final gross floor areas shown on approved building plans, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

Commercial Premises (Medical Centre) 1.3ep/100m2 gfa Shop (Pharmacy) 1.2ep/100m2 gfa 1.0 ep is currently charged at $1 726.97 (valid until 30 June 2009).

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Gympie Regional Council

Amenity 1.5 All night lighting must be designed and constructed to the

satisfaction of Council’s Chief Executive Officer so that light emitted from the subject land does not, in the opinion of the Council, cause nuisance or annoyance to residents or traffic in the immediate vicinity.

1.6 All associated plant and equipment including air conditioner units

shall be installed and/or housed within visually appropriate acoustically treated enclosures.

1.7 A 2.0 metre high solid fence is to be installed along all common

boundaries between the development site and existing residential properties.

Trade Waste 1.8 Any discharges of Trade Waste generated by the development

approved herein shall be treated in accordance with Council’s Trade Waste Environmental Management Plan.

Landscaping 1.9 Landscaping works are to be completed in accordance with the

approved landscape plans. Food Safety 1.10 (i) With the submission of a development application for building

work, two (2) copies of plans and specifications of the food preparation area are to be submitted at a scale of not less than 1:100, for assessment pursuant to the Food Safety Standards set out in Chapter 3 of the Australia New Zealand Food Standards Code.

(ii) Building work shall be undertaken in accordance with the approved plans and specifications (referred to in (i) above).

(iii) The use of the food preparation area herein approved may not commence until kitchen fixtures, fittings and finishes have been installed in accordance with the approved plans and specifications (referred to in (i) above) and Food Safety Standard 3.2.3 – Premises and Equipment set out in Chapter 3 of the Australia New Zealand Food Standards Code.

1.11 Prior to commencement of the operation of the licensable food

business a licence pursuant to the Food Act 2006 is to be obtained from Council.

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Gympie Regional Council

Refuse Management 1.12 The following items are to be provided in accordance with the

Environmental Protection (Waste Management) Regulation 2000: (i) approved refuse containers (for general waste); (ii) a centralised refuse storage enclosure comprising an

imperviously paved area provided with a hose cock and hose; and

(iii) drainage designed to prevent stormwater entering Council’s sewer.

1.13 The number and type of non-clinical waste refuse containers

provided on-site is to be determined in accordance with Council’s Rating Policy.

Accessibility Issues 1.14 A continuous accessible path of travel from the accessible parking

bays to the main entrance of the building is to be provided to enable people using mobility aids unimpeded access to the premises.

1.15 The front entrance doorways are to allow independent access by

people using wheelchairs or other mobility aids which complies with AS1428.1.

Building Matters 1.16 Any retaining structures greater than 1.0 metre in height are to be

certified by an RPEQ structural engineer and subject to a Development Permit for Building Work.

Miscellaneous 1.17 Written confirmation is provided to Council that Department of

Main Roads conditions attached to this Development Permit are substantially completed/fulfilled to the satisfaction of the Department of Main Roads.

1.18 The development herein approved may not start until written

confirmation is provided to Council that access to Exhibition Road is constructed in accordance with the requirements of the Department of Main Roads. Note: Additional lighting may be required.

SECTION 2.0 – Conditions Relevant to the Issue of a Development

Permit for Operational Work (Civil Works and Landscaping)

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Gympie Regional Council

Roadworks 2.1 The existing road is to be upgraded to a standard compatible with the

proposed development. Council requires the following works to be carried out on Exhibition Road:

(a) an intersection is to be constructed onto Exhibition Road, aligned with the proposed site access. Approval of the plans for such work is to be obtained from the Department of Main Roads and submitted to Council with the development application for operational work.

Stormwater 2.2 A stormwater drainage plan is to be submitted and approved by

Council outlining proposed means of managing stormwater through and from the site and detailing measures to be undertaken to ensure no worsening of the overall quality of the stormwater occurs as a result of the use.

2.3 Roof and surface water is to be collected on site and is to be

discharged in accordance with an RPEQ certified designed detention system or other manner acceptable to Council that will not worsen the pre-development discharge flows from the site onto downstream properties.

Carparking and Access 2.4 Car parking and access areas shall be sealed pavement and designed,

drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

2.5 A minimum of 28 car parking spaces are to be provided for the

development, including a minimum one (1) accessible parking bay complying with the requirements of AS2890.1 and one (1) ambulance bay.

2.6 The internal driveway is to be constructed in a manner to provide

suitable access for a refuse collection vehicle to the satisfaction of Council’s Chief Executive Officer.

2.7 Access to the proposed lot/s is/are to be constructed in accordance

with the requirements of Council’s Infrastructure Works Code – Drawing No R-05.

2.8 Existing abandoned driveway accessed are to be reinstated with kerb

and channel and footpath verges reinstated to comply with the requirements of the Infrastructure Works Code.

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Gympie Regional Council

2.9 A ‘No Parking Any Time’ zone is to be provided and appropriately signed for the full frontage of the development site on both sides of the service road and Exhibition Road.

Water Supply and Sewerage 2.10 (i) Connection is to be made to Council’s existing Water Supply

and Sewerage reticulation systems, including the provision of a back flow device, at no cost to Council. Connection shall be in accordance with a development permit for Operational Works approving the required hydraulic plans and specifications, as prepared by a recognised building hydraulics engineer, for such works.

(ii) The backflow prevention device is to be maintained and tested in accordance with Council’s approval.

2.11 All sewer lines and other underground services traversing the site are

to be located by a registered surveyor prior to submission of a preliminary design for operational and building work. Note: A ‘Building Over Sewer’ application is required should the building foundations encroach within two (2) metres of a sewer in accordance with Council Policy PR-WS-02.

Landscaping 2.12 Landscaping is to be provided for the development as following: (i) a 3.0 metre strip along the Exhibition Road frontage of the site; (ii) shade trees within the car parking area; (iii) a 1.5 metre strip along the common boundaries of the

development site with adjoining residential properties between the road frontage and the frontage of the building; and

(iv) a minimum one (1) metre wide strip between the car parking area and the frontage of the building.

2.13 A properly prepared Landscape Plan in accordance with Council’s

Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

SECTION 3.0 – General Conditions of Approval 3.1 The development shall be generally in accordance with the following

approved plans submitted with the application:

Reference Number Drawn by Date SK010 GHD July 2007

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Gympie Regional Council

including the following maximum gross floor areas: Commercial premises (Medical Centre) 1 361m2 gfa Shop 250m2 gfa 3.2 Loading/unloading operations shall be conducted within the site and

vehicles waiting to be loaded/unloaded shall stand entirely within the site.

3.3 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

3.4 Stormwater is to be disposed of on site so as to cause no scour or

damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

3.5 Wastewater and other liquid wastes are not to be released to

stormwater drainage systems, stormwater, groundwater or discharged to waterways.

3.6 The approval does not extend to overnight accommodation of

patients.

3.7 No earthworks or filling works are to be undertaken prior to the issue of a Development Permit for Building or Operational Work.

3.8 The landscaping shall be maintained (watering, fertilising, mulching,

weeding, and the like) at all times. 3.9 Servicing of non-clinical refuse containers is to be at a location

approved by Council’s Chief Executive Officer. 3.10 The operator should note that it is a requirement of the

Environmental Protection (Waste Management) Regulation 2000 that a person who operates a premises at which clinical or related waste is generated -

(a) must set aside an area for storing the waste that is not accessible to animals or persons, other than persons who are authorised by the person operating the premises to enter the area; and

(b) must not store the waste anywhere other than in an area mentioned above.

3.11 Clinical or related waste is to be sent to a waste disposal or treatment

facility only via an operator who holds a registration certificate pursuant to the Environmental Protection Act 1994.

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Gympie Regional Council

SECTION 4.0 Notes 4.1 All cleared vegetation is to be suitably processed or removed from the

site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to:

(i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be

approved. Note: Bulk green waste is no longer accepted at any Council landfill

site. 4.2 Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

4.3 Any proposed advertising devices are to be in accordance with

Council’s Advertising Devices Code and subject to a further development permit for operational work where required.

(B) In accordance with Section 3.5.15 (l), Council makes this decision in conflict with the planning scheme for the following reasons:

(i) there is an overriding community need for medical services on the

Southside; (ii) The Southside population growth has been greater than

foreshadowed by the planning scheme and as a result there is no existing available Commercial zoned land to accommodate the proposal;

(iii) the development site is in the vicinity of existing commercial uses; and

(iv) the development poses an opportunity to encourage medical professionals to the Gympie area.

Carried.

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Gympie Regional Council

2/2 2008-1337 – Representations for Material Change of Use for General Industry

(Mechanical Workshop) – 8 Du Rietz Court, Southside – D. Brennan Re: Minute: P07/04/09 Representations for Material Change of Use for

General Industry (Mechanical Workshop) From: Martoo Consulting for D. Brennan File: 2008-1337 Date: 17 February 2009

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION Development approval for Material Change of Use for General Industry (Mechanical Workshop) was approved by Council on 29 January 2009. The applicant suspended their appeal period on 16 February 2009 and lodged representations in relation to some of the conditions on 16 February 2009.

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Gympie Regional Council

The conditions requested to be reconsidered are outlined below.

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2.0 Representations Representations are submitted in relation to the levied road contributions.

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Gympie Regional Council

2.1 Condition 5 – Stage 1 (a) Condition 5 – Stage 1 reads:

“In accordance with Planning Scheme Policy 13: Urban Road Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is for Stage 1 currently assessed at $2 990, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.”

(b) Applicant’s representations: “The applicant is aware that Council adopted Planning Scheme Policy Number 13 titled ‘Urban Road Contributions’ and this provides Council with the ability to collect contributions towards urban roadways where essentially a land use proposal resulted in increased traffic generated by such an application. It is also appreciated that Council’s assumptions when calculating road contributions for land use applications is now publicly available and that such a policy required a flexible interpretation due to the considerable range of uses, sites and scenarios that the policy needs to consistently accommodate. The town planning report supporting the above application explained that Stage 1 of the above application proposes the following:-

‘Stage 1 will be a new dyno tuning and engine assembly workshop located in the north-eastern corner of the site. The new building is proposed to fit within the corner of the site with its external walls extending to the boundaries of the site. The basic dimensions for this are approximately 16.4m x 15.6m x 4m (high) resulting in approximately 172.71m2 extra floor area. The design includes workshops, assembly room, parts storage and staff amenity area. The main external materials will be masonry block work with coloured colorbond custom orb roofing. The existing workshop has a dyno tuning and engine assembly facility which relies on computer monitoring. The existing dyno tunning (sic) facility has suffered due to the difficulty to provide a dust reduced workspace for the necessary computers. The new building is separate from the existing workshop and is intended to provide a facility that suffers from limited dust nuisance. Consequently there is to be no other type of vehicle servicing in this building that would generate additional dust, oils and the like. The normal servicing will occur in that area previously used for dyno testing in the central lube bay in the existing building.’

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Gympie Regional Council

Council did not issue any formal request for additional information on any consideration including confirmation on increased in staffing levels or the number of vehicle trip ends (i.e. vte) estimated to be generated by the proposal. However in the days before the Council meeting Council staff requested additional information and the following information was emailed to Council on 7 January, 2009 following liaison with the applicant. ‘I have checked with Dale Brenan and in additional (sic) to the information already provided in the town planning report I advise as follows:-

1. The premises is currently used for specialist dyno tuning for performance engines throughout Australia for client with special interests and demands. This is undertaken in a section of the existing building which is open to the elements and is not dust free. For example the computer used is continually affected by dust which enters the existing building.

2. The proposal involves the provision of a purpose built air-conditioned and dustproof facility within the subject site for dyno turning which is currently being undertaken in unsuitable area within the existing building.

3. The proposed will not result in any additional staff working on the subject site.

4. The proposal will not result in any additional jobs/projects being undertaken on the subject site.

5. The proposal will not result in any additional traffic whether that is staff, clients and delivery or service vehicles.

6. The proposal will result in better working conditions for existing staff and provide an area where specialist engine tuning can be undertaken in a facility which provides better control for noise emissions and dust intrusion.”

Martoo Consulting has had the benefit of dealing with similar planning scheme policies throughout several local government areas and participates in focus group meetings which are organized regularly with another local government trying to resolve the problems that such policies have created for certain proposals, site and scenarios. One such situation is where applicants claim unfair collection of contributions by local governments which continually arises is where the land use application proposes additional floor area to an existing premises which will not result in any additional employees or visits by vehicles for whatever reason. It is not uncommon for an existing premises to require additional floor space for a variety of reasons including, but by no way limited to, the following:-

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Gympie Regional Council

• to house additional or more bulky machinery and the like • to provide additional storage • to provide increased space as required by current workplace health and

safety • to allow the existing operations to improve its environmental

management of its existing activities • to provide improved facilities for existing staff.

These can be further complicated when such additional floor areas proposed in such applications do not increase employee numbers and/or visits by vehicles for a range of reasons including, but certainly not limited to, the fact that the additional area will be used for the following:-

• additional machinery proposed to be stored may result in labour savings and may in fact reduce staffing numbers without increasing service vehicles

• additional machinery proposed to be stored may be providing specialist service to broaden the range of services to be added but not increase employee numbers or visits by vehicles and the like

• additional machinery proposed to be stored will improve the recycling of wastes and therefore may assist in reducing the number of service vehicles required

• housing of existing machinery in more environmentally responsible setting such as to ensure reduced noise emissions

• increased facilities for existing employees such as a staff lunch room or training room which not increase employee numbers or visits by vehicles and the like and may in fact reduce trips by existing employees

• increased area simply provides more floor area to a safer facilities or simply more workplaces for existing activities

• the increase in floor area is relatively small and/or developed in stages for a number of financial or operational reasons however can attract the payment significant contributions because of the method of calculating rates in the planning scheme policy favour larger development proposals due to unit sizes and the like

• etc, etc Gympie Regional Council is perhaps further disadvantaged due a number of factors including:

• the current 2005 Cooloola Planning Scheme containing limited traffic planning initiatives compared to other urbanized local governments,

• the current 2005 Cooloola Planning Scheme lists a limited number of land use definitions therefore creating gray areas between significantly different land uses from a traffic planning perspectives and this linked with the potential confusing correlation between certain definitions in this policy and those in the adopted planning schemes,

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• the need to obtain a development permit for material change of use for numerous simple proposals (e.g. refer to assessment tables in the Industry Zone),

• the policy does not appear to reference contribution rates being paid per part therefore of unit rates.

As a result of the above the applicant considers that Council’s requirement for the collection of $2990 for stage 1 is unfair on a number of grounds including:

• the use is considered to be a heavy industry under Council’s above policy whereas the use is more a light or service type industry which has more than half the vte under Council’s policy

• the additional floor area in Stage 1 will allow specialist equipment to be housed in a dust reduced workplace with increased environmental management where noise emissions can be reduced and will NOT result any additional employees or visits by service vehicles

• the subject site is part of an industrial estate development by the former Cooloola Shire Council and generally complies with conditions placed by Council on its development. The adjoining residential development is continuing to be developed towards the subject site without any obvious acoustic control measures. The applicant has decided to undertake a environmentally responsible by relocating existing machinery into a purpose built building where noise emission can be better controlled

• the equipment to be housed in this additional is already housed in cramped conditions within the existing premises and therefore the proposal will not result in any change in the nature or intensity of use

• the method of calculating the contribution needs to be clarified and it is assumed that it equates to 9 (vte) x $332 x 1 where 1 equals the number of whole 100m2 units of GFA.

• given the above it is difficult to appreciate that if traffic generate by the site will not increase by the Stage 1 additions how Council can collect ‘a contribution to be paid toward road improvements as a result of the traffic generated by this development’.

(c) Applicant’s Requested Amendment “The applicant would prefer that no contribution is payable and would strongly urge Council to decide to delete this condition on the basis of the above. The applicant would be prepared to make a partial contribution if there was some basis to calculate such an amount given Council’s adopted policy, planning scheme and relevant planning legislation and case law. However it (sic) difficult to arrive at such a figure unless Council’s policy is applied arbitrarily and it is assumed that Council would be hesitant to do so in the early application of such a potentially controversial policy.

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2.2 Condition 5 – Stage 2 (a) Condition 5 – Stage 2 reads: “In accordance with Planning Scheme Policy 13: Urban Road Contributions a contribution is to be paid toward road improvements as a result of the traffic generated by this development. The amount is for Stage 2 currently assessed at $2990, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.” (b) Applicant’s representations: “The town planning report as submitted with the development application advised the following with respect to Stage 2.

‘Stage 2 is a proposed extension to the southern side of existing workshop by extending this building to the southern most boundary of the subject site. The dimensions of this proposed addition are approximately 12m (long) x 3m (wide). The design is proposed increase the useable floor space by adding 36m2 to the existing workshop. The main external material will be corrugated metal sheeting to match the existing building and a concrete block firewall along the boundary. This extension is proposed to provide additional areas for storage and staff facilities and will not add any workshop bays.

The above representation also applies to the representations to this particular condition. Similarly as a result of the above the applicant considers that Council’s requirement for the collection of $2990 for Stage 2 is unfair on a number of grounds including:

• it is of interest that the policy results in the same contribution being collected for an increase of gross floor area of 36m2 in Stage 2 as the 176m2 for Stage 1. The raised three concerns based on our interpretation of Council’s calculations. Firstly that each stage is calculated independently. While it is acknowledged that there is no guarantee that Stage 2 will be developed when undertaking Stage 1, Council recalculating the amount independently for subsequent stages can be grossly unfair. For example, 20m2 extension constructed in two stages will pay twice the contribution of a single stage 199m2 extension yet the 199m2 extension is virtually 10 times as large. Secondly, because of the size of the units (i.e. 100m2 of GFA) and there being no reference to “or part thereof”, and as we understand the logic used in deciding the contributions currently by Council for this application, a 10m2 extension to a premises may attract the same contribution as 199m2 extension yet that later is 20 times as large. Both concerns appear unfair if our assumptions are correct. Thirdly, if there is no reference to “or part therefore” then should this mean that there is no

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contribution payable for GFA up to 100m2 and as such no contribution may be payable on Stage 2.

• it is difficult to appreciate that an increase to the width of a lube bay

and provide staff lunch room is heavy industry under Council’s policy when the main use is a mechanical workshop

• the proposal will result in an increased storage which in turn provides

an increase width the workplace within one of the existing lube/workshop bays and a staff lunch room which is non-existent at the moment. As such the additional floor as proposed will not result in any change in the nature or intensity of an existing use

• Given the nature of the above Stage 2, it will NOT result any additional

employees or visits by vehicles. Consequently it is difficult to appreciate what additional traffic will be generated and as such how Council can require the payment of ‘a contribution to be paid toward road improvements as a result of the traffic generated by this development.”

(c) Applicant’s Requested Amendment “The applicant would prefer that no contribution is payable and would strongly urge Council to decide to delete this condition on the basis of the above. The applicant would be prepared to make a partial contribution if there was some basis to calculate such an amount given Council’s adopted policy, planning scheme and relevant planning legislation and case law. However it (sic) difficult to arrive at such a figure unless Council’s policy is applied arbitrarily and it is assumed that Council would be hesitant to do so in the early application of such a potentially controversial policy.” “The applicant appreciates a specialist traffic engineer was not engaged to provide any evidence to support the applicant as referenced under Council’s policy but suggests that it is common sense that traffic generation can not increase if the number of staff or service vehicles will not change as a result of either the Stage 1 or Stage 2 additions. Such a traffic report would have also cost the applicant about $3000. The applicant therefore requests that Gympie Regional Council issues a negotiated decision notice which amends and/or deletes those conditions in the original decision notice as detailed above. Council is encouraged to contact our Sunshine coast office if Council requires any further information and/or clarification in relation to these representations.”

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3.0 Assessment A difficulty was previously acknowledged with the new road contribution policy, in that the nominated land use classifications did not correlate exactly with the planning scheme definitions. Nor does the Policy incorporate provisions for development proposing additions as opposed to new development. The Policy levies a contribution on a per 100m2 GFA basis, therefore had the applicant applied separately in the future for Stage 2 (being only 36m2) a contribution may not have been imposed. Despite the Policy, conditions of approval must be reasonable, and with this in mind it is recommended that the contribution previously imposed on Stage 2 be deleted.

P07/04/09 Moved: Cr R.J. Dyne Seconded: Cr G.L. Engeman Recommend that in relation to development application (2008-1337) for Material Change of Use for General Industry (Mechanical Workshop) over Lots Lot 8 RP802838, located at 8 Du Rietz Court, Southside Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 5 Stage 1 to remain; and (ii) Condition 5 Stage 2 to be deleted.

Carried.

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2/3 DA17343 – Representations for Material Change of Use for Multi-Residential (Dual Occupancies on Approved Subdivision) – 3-7 James Kidd Drive, Monkland – Gympie Gardens Pty Ltd Re: Minute: P08/04/09 Representations for Material Change of Use for

Multi-Residential (Dual Occupancies on Approved Subdivision) From: Gympie Gardens Pty Ltd File: DA17343 Date: 21 November 2008

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION Development approval for material change of use was issued under delegated authority on 10 November 2008.

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The applicant suspended their appeal period and lodged representations in relation to two (2) of the conditions on 21 November 2008.

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The conditions requested to be reconsidered are outlined below. 2.0 Representations Representations are submitted in relation to the footpath contribution and an amenity condition. 3.0 Assessment 3.1 Condition 10 (a) Condition 10 reads: ‘A contribution is to be paid to Council towards the provision of footpaths in the general area. The amount is currently assessed at $14 463 in lieu of footpath construction but will be based on Council’s policy and the rate applicable at the time of payment.’ (b) Applicant’s representations: ‘The applicant intends to provide footpaths as part of operational works. To avoid any complications at a later date, the applicant would like it clearly identified that a contribution for footpaths will not be required if footpaths along internal road frontages are provided at no cost to Council. Amended Condition 10: The applicant requests that Council add a note to this condition stating that a contribution shall not be required in the circumstance that footpaths are provided along internal road frontages at no cost to Council. Alternatively, the applicant is willing to discuss the terms of this condition with Council.’ (c) Assessment Planning Scheme Policy 9: Footpath and Cycleway Contributions grants Council the ability to either: (a) require the carrying out of footpath/cycleway works by an applicant; or (b) require a monetary contribution towards the provision of

footpaths/cycleways in the general area; or (c) a combination of (a) and (b), as part of a development approval. The infrastructure [ie option (a) above] should be provided in accordance with an overall network plan or in circumstances to increase accessibility and connectivity, maintain pedestrian or cyclist safety and facilitate pedestrian movement in pedestrian dominated environments.

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Given the location of the development site a pathway along its frontage is not identified in Council’s Bicycle and Pedestrian Plan, nor would a pathway achieve any of the purposes identified in the former paragraph. On this basis, a contribution towards pathways in the general area is considered more appropriate. Also at this location, the construction of a footpath to the turnaround area may encourage vehicles to be parked on the footpath area. It is recommended that condition 10 remain. 3.2 Condition 20 (a) Condition 20 reads: ‘There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions at any time in Council’s opinion.’ (b) Applicant’s representations: ‘As Council’s opinion is immeasurable, the condition is considered unreasonable. In addition, SO2-SO6 and PS2 to PS6 of the Gympie Planning Area (Housing Zone) Code of Council’s planning scheme identifies relevant measures for adverse impact to amenity. Amended Condition 20: The applicant requests that Council either amend Condition 20 to reference measurable aspects of amenity which are consistent with requirements of the planning scheme or, delete Condition 20.’ (c) Assessment The applicant’s comments are noted and the condition may be deleted.

P08/04/09 Moved: Cr J. Watt Seconded: Cr A.J. Perrett Recommend that in relation to development application (DA17343) for Material Change of Use – Multi-Residential (Dual Occupancies over Approved Subdivision) over Lot 6 MCH5165, located at 3-7 James Kidd Drive, Monkland Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 10 to remain; and (ii) Condition 20 to be deleted.

Carried.

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SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 2008-1312 – Reconfiguring a Lot – Subdivision to Create Two (2) Additional

Lots – 23 Roselea Avenue, Southside – W. Kahmann

FILE: Minute: P09/04/09 2008-1312 APPLICANT: W. Kahmann LANDOWNER: W. & D. C. Kahmann RPD: Lot 23 RP161099 SITE: 22 Roselea Avenue, Southside PROPOSAL: Reconfiguring a Lot – Subdivision

to Create Two (2) Additional Lots EXISTING ZONE: Rural Residential PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code SITE AREA: 24 260m2 (2.426 Ha)

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KEY POINT SUMMARY

• Reconfiguring a Lot application to create two (2) additional lots; • Site zoned Rural Residential, adjoining other rural residential blocks

along Roselea Avenue; • Some concern regarding amenity in regards to the proximity of suitable

house sites due to the smaller lot size of proposed Lot 2; • Site currently has one (1) dwelling house, three (3) domestic outbuildings,

two (2) dams and a rock rip-rap on-site; • Rear of site subject to flooding; • Recommended to hold over the decision pending submission of an

amended proposal.

Report: (Planning Officer – M.K. Matthews) 1.0 INTRODUCTION 1.1 The Proposal This application seeks to create two (2) additional rural residential lots from an existing 2.426 hectare lot. The land is currently zoned Rural Residential within the Gympie Planning Area. The proposed lot sizes are 6,000m2 for proposed Lot 1; 5,000m2 for proposed Lot 2; and 12,260m2 for proposed Lot 3.

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1.2 Site Description The topography of the site slopes gently at approximately 7% towards the rear for the first two-thirds of the allotment. The site then slopes at approximately 16% to the portion of the allotment backing onto Pie Creek. The majority of this section of the site is subject to flooding. The subject site is currently improved by one (1) existing dwelling house, three (3) domestic outbuildings, two (2) dams and a rock rip-rap.

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1.3 Surrounding Land Uses The subject site is currently zoned Rural Residential. The site backs onto Pie Creek which acts as a natural boundary between the subject site and rural land on the other side. 2.0 PLANNING SCHEME REQUIREMENTS The application was lodged under the Cooloola Shire Planning Scheme 2005. The application is Code Assessable development, and subject to assessment under the Gympie Planning Area Code, Reconfiguring a Lot Code, Infrastructure Works Code and the Landscaping Code. Good Quality Agricultural Land exists over the subject site, but given the zoning this issue is considered to have been previously addressed. Approval of the application would ordinarily be delegated to the Director of Planning and Development, however the proposed development does not comply with Planning Scheme minimum lot sizes. 2.1 Gympie Planning Area Code The proposal complies with all relevant requirements in the Gympie Planning Area Code for Reconfiguring a Lot in the Rural Residential zone. 2.2 Reconfiguring a Lot Code

There are some areas of non-compliance with the provisions of Council’s Planning Scheme regarding minimum lot sizes. Because of the proposed relaxation in this standard, there are amenity issues in relation to possible house sites also. The proposal generally complies in regards to frontages and the majority of other relevant assessment criteria. SO-12 – Proposed Lot 2 does not meet the minimum lot size criteria for rural residential allotments. Proposed Lot 2 is 5 000m2 in area, below the minimum requirement of 6 000m2. The applicant submits the following grounds in support of the proposal: “Plan E results in: – increased area for effluent disposal and building purposes being available

within proposed Lot 3; – improved access opportunities for proposed Lot 3; – infrastructure associated with the existing dams being wholly retained

within Lot 3; – an access easement no longer than 100 metres.”

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The proposal complies with other criteria relating to minimum lot dimensions and frontages of 40m x 50m with a minimum frontage of 50m. The access leading to proposed Lots 2 and 3 does not exceed 100 metres in length. A building envelope meeting Council requirements can be fitted within the proposed boundaries and on an appropriate gradient but is restricted within proposed Lot 2. A geo-technical report has been submitted indicating that appropriate levels of effluent disposal can be accommodated on proposed Lots 2 and 3, and that proposed Lot 1 has a suitable existing level of effluent disposal. The proposal does not meet minimum lot size requirements for the Rural Residential zone, and it is considered that the ability for the proposal to function effectively may be better served with the submission of amended plans. Lot 2 is 40 – 45 metres wide for the majority of the usable area, which therefore does not accord with the normal frontage requirement of 50 metres. The location of an existing shed and tank, to be retained within lot 1, are also only shown conceptually and determination of their actual location may further compromise the area able to be accommodated within lot 2. Lot 2, being the new vacant allotment, should ideally comply with all provisions of the planning scheme, and if considered necessary to achieve efficient infill, a compromise made on an existing improved lot where the defined house site and yard area is known. In this instance, it may be necessary for the shed and tank to be included in lot 2 or removed altogether to achieve this. Amenity of lot 2 is considered a significant issue given its positioning between two (2) other lots and not having any direct road frontage. 2.3 Infrastructure Works Code It is not considered necessary in Rural Residential subdivisions of this size to upgrade roads, provide footpaths etc. All necessary issues may be addressed if the applicant decides to pursue this proposal further. Council’s Design Department will provide further assessment if necessary. 2.4 Landscaping Code Street trees are not normally imposed on Rural Residential subdivisions. 3.0 CONCLUSION The proposal does not comply with Council’s Planning Scheme requirements in relation to minimum lot sizes and sufficient argument has not been submitted with the application to warrant staff support. A decision on the proposal is recommended to be withheld pending the lodgement of an amended layout from the applicant.

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P09/04/09 Moved: Cr D.R. Neilson Seconded: Cr G.L. Engeman Recommend that Council, as Assessment Manager, withhold a decision on development application (2008-1312) for Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots over Lot 23 RP161099 located at 22 Roselea Avenue, Southside, pending the lodgement of an amended layout incorporating a minimum lot size of 6 000m2 for proposed Lot 2.

Carried. 3/2 2008-0180 – Reconfiguring a Lot – Subdivision to Create Three (3) Additional

Lots and Access Easement – 449 Eel Creek Road, Pie Creek – Keding Group Pty Ltd FILE NO: Minute: P10/04/09 2008-0180 APPLICANT: Keding Group Pty Ltd LANDOWNER: The Keding Group Pty Ltd As Trustee RPD: Lot 16 RP184649 SITE ADDRESS: 449 Eel Creek Road, Pie Creek PROPOSAL: Reconfiguring a Lot – Subdivision to

Create Three (3) Additional Lots and Access Easement

PLANNING AREA: Gympie ZONE: Rural Residential PREFERRED USE AREA: Nil SITE AREA: 31 900m2

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KEY POINT SUMMARY

• Proposal is to create three (3) additional Rural Residential lots. • Access for all lots is via a gravel Service Road off Eel Creek Road. • An Access Easement is proposed to service two (2) of the new lots. • Upgrading works for the Service Road will be required. • Two (2) submissions against the proposal have been received. • Proposal generally complies with Planning Scheme requirements. • Application recommended for approval. Report: (Planning Assistant – K.M. Fuller) 1.0 INTRODUCTION 1.1 The Proposal The proposal seeks a development permit for subdivision to create three additional rural residential lots. Proposed Lots 17 and 18 will obtain access from a Service Road off Eel Creek Road and Lots 19 and 20 will access via an Access Easement in Lot 20.

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1.1 The Site

The site has an area of 3.19 hectares and fronts Eel Creek Road however the existing access arrangements for this site and two adjoining properties is via two access points off Eel Creek Road connecting a gravel Service Road.

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Improvements on the site are an existing dwelling, two associated outbuildings and horse yards. The dwelling and one outbuilding will be retained on proposed Lot 17 and the other outbuilding and horse yards will be retained on proposed Lot 19. 1.2 Surrounding Land Use Lots surrounding the site are zoned Rural Residential. 2.0 STATUTORY REQUIREMENTS 2.1 State Planning Policies Current Council mapping suggests a portion of the site contains Good Quality Agricultural Land, however as the land has been designated for rural residential purposes by Council’s Planning Scheme, it is considered that State Planning Policy 1/92 has already been addressed. Further the site’s positioning adjacent to other rural residential development limit its viability for agricultural purposes. No other State Planning Policies are considered applicable. 2.2 Planning Scheme Provisions 2.2.1 Gympie Planning Area Code The development is consistent with the outcomes for the Gympie Planning Area in that residential uses on large lots with rural amenity predominate in areas proximate to Gympie. 2.2.2 Reconfiguring a Lot Code The proposal generally complies with the outcomes of this code with the exception of direct bitumen road access, the development site fronts an Arterial Road and the access handle length. Conditions have been included to upgrade the Service Road off Eel Creek Road to Council’s minimum road requirements. SO-01 (f) requires new lots to not have access to a Major Arterial or Arterial Road, as Eel Creek Road is listed as an Arterial Road the applicant has provided justification to support the proposal in that the proposed access easement has lessened the number of potential vehicle crossovers onto Eel Creek Road along this section.

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The proposed access handle length is approximately 130 metres. Probable Solution 12 (f) requires a maximum length of 100 metres. It is considered that the additional length does not compromise the amenity of the area and that specific outcomes are met. 2.2.3 Landscaping Code Landscaping is not normally imposed for rural residential subdivisions. 2.2.4 Infrastructure Works Code A condition requiring submission of an Operational Works application has been included in recommendation. Road and stormwater drainage issues will be dealt with at this stage. 2.2.5 Resource Areas Code Current Council mapping suggests a portion of the site contains Good Quality Agricultural Land, however as the land has been designated for rural residential purposes by Council’s Planning Scheme, it is considered that State Planning Policy 1/92 has already been addressed. Further the site’s positioning adjacent to other rural residential development limit its viability for agricultural purposes. 3.0 PLANNING CONSIDERATIONS 3.1 Land Use The proposal is considered appropriate as the site and surrounding area is designated for rural residential purposes. 3.2 Site Access and Traffic It is proposed for access to the lots be via an existing gravel Service Road off Eel Creek Road. Conditions have been included requiring access points to achieve visibility requirements and for upgrading works be carried out for the Service Road. A road contribution is applicable to any approval of this application and is currently $10 547 per additional lot. 3.3 Park A contribution towards parks in the general area is applicable to an approval of this application and currently $1 782 per additional lot.

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4.0 CONSULTATION 4.1 Internal (a) Design Services Division Report: (Infrastructure Planning Manager – A. Laszlo)

This engineering report is based on the report submitted by R & B Planning

Services dated March 2008 and additional information.

LEAD-IN ROAD/FRONTAGE ROAD/ACCESS The development property has frontage to Eel Creek Road an arterial road which is constructed. However the subject site currently is serviced by a gravel track which should be upgraded to Council’s minimum road requirements of a 7.0m sealed on a 7.0m formation. The Access Road intersection with Eel Creek Road is to be designed to meet the requirements of Austroads Guidelines “Intersection at Grade” Part 5 for a design road speed of 100km/hr. The current access points may need to be combined to achieve this.

CONTRIBUTIONS Contributions towards road and intersection improvements should apply as per

Policy 12 currently $10,547 per additional lot.

EFFLUENT DIPOSAL A geotechnical assessment for effluent disposal addressing the requirements of the Queensland Plumbing and Wastewater Code for the proposed development prior to the sealing of the survey plan to be provided. STORMWATER/FLOODING This area is not subject to flooding. OTHER SERVICES The developer will be required to provide electrical and communication services to the site with any upgrades to the developers costs.

Street lighting is not required in a Rural Residential subdivision.

SUBMISSIONS Two submissions were received indicating concerns with the proposed

development regarding safety of the current traffic movement to and from the property. The developer will need to upgrade the access arrangements to comply with Austroads Guidelines as outlined in the above report which addresses this issue.

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4.2 External This application was not required to be publicly notified under the Integrated Planning Act however two (2) submissions were received. The issues raised and comments relating to the issues are presented below. Submitter Issue Council Staff Comments New dwellings and associated nuisances i.e. barking dogs, motorbikes in close proximity to surrounding properties

Proposed lots comply with minimum lot size and are considered to be sufficient size and proportions to be capable of being used for its intended purpose. Proposed dwellings would be subject to siting requirements

Increased traffic Conditions included to upgrade access arrangements to comply with Austroads Guidelines

Existing access road already detrimental to safety

Conditions included to upgrade access arrangements to comply with Austroads Guidelines

Ill advised to allow subdivisions of less than 2 hectares

Proposal complies with minimum lot size specified in PS-12 (a) (i) of 6000m2

The applicant has provided some additional comments for consideration in relation to the issues raised by submitters. Letter received from R & B Planning Services 10 March 2009 “The letters of objection make suggestions that the proposed lots will cause loss of privacy, excessive noise, reduced quality of life and increased traffic. It is considered that the proposed lots are of sufficient size and suitably proportioned and are capable of being used for their intended purpose within the Rural Residential Zone. Each proposed lot is not less than the minimum area and dimensions indicated in Schedule Table 12 Minimum Lot Areas, Dimensions and frontages for the Rural Residential Zone especially the rear lots. It is noted that on proposed subdivision plan P17-20A that all proposed lots have a designated building envelopes of 1000sqm which is the minimum required in accordance with Schedule Table 7 Minimum Building Areas and Building Area Dimensions. Setbacks from rear lots including proposed lot 20 are setback from the southern boundary an average of 25m and 15m from the western boundary. In a rural setting, these setbacks are over and above the minimum setback requires for the zone.

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With respect to the assumed levels of noise, this issue is unsubstantiated as it makes assumptions of future residents owning motorbikes and dogs. In response, to the issue of traffic, a report was undertaken by OPUS QANTEC McWILLIAM which proposes that a left hand turn treatment be provided which will enable unimpeded traffic flow along Eel Creek Road. This engineered solution will provide assurances that the issue of traffic movement has been considered in detail and a design option has been proposed to mitigate traffic concerns. Overall, this proposal has lessened the number of potential vehicle crossovers onto Eel Creek Road along this section and has increased safety for vehicles entering or exiting onto Eel Creek Rd.” 5.0 CONCLUSION The development proposed generally complies with the provisions of Cooloola Shire Council’s Planning Scheme. Appropriate conditions including a requirement to upgrade the Service Road have been included in the recommendation below.

P10/04/09 Moved: Cr G.L. Engeman Seconded: Cr R.J. Dyne Recommend that Council, as Assessment Manager, APPROVE development application 2008-0180 for Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots and Access Easement over Lot 16 RP184849 located at 449 Eel Creek Road, Pie Creek subject to the following conditions: Conditions to be satisfied prior to Council Signing and Sealing the Plan of Survey: 1. The development shall be generally in accordance with the plan

submitted with the application (Plan No. P17-20A drawn by 3D Cad Solutions and Surveys and dated 18 Aug 2008).

2. All outstanding rates or charges levied by Council or expenses that are a charge over the subject land under any Act are to be paid.

3. The development herein approved may not start until: (i) the following development permit has been issued and complied

with as required - (a) Development Permit for Operational Work (Roadworks,

Accesses and Associated Drainage); and (ii) development authorised by the above permit has been

completed to the satisfaction of Council’s Chief Executive Officer.

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4. The Access Road is to be upgraded. Specifically the following works are to be undertaken in accordance with plans and specifications approved by Council’s Chief Executive Officer: (a) Construct a 7 metre wide formation with 3.0 metre seal width

within the road reserve and associated drainage (including a sealed turnaround area if the two existing accesses are combined). All associated roadworks including batters and associated drainage are to be contained within the road reserve.

(b) The Access Road intersection(s) with Eel Creek Road to be designed to meet the requirements of Austroads Guidelines “Intersection at Grade” Part 5 for a design road speed of 100km/hr as per Opus Qantec McWilliams engineers report dated 18 December 2008. Note: Sight distances as submitted do not fully comply with Austroads Part 5. Relocation, combining of the accesses and/or additional raising of the vertical alignment and adjusting the horizontal are envisaged on either the Access Road and/or Eel Creek Road.

(c) The intersection angle of the Access Road to Eel Creek Road to be greater than 70 degrees and less than 110 degrees. Note: lot, access layouts and road reserve boundaries may require amending.

5. Table drains and cut/fill batters are to be entirely contained within

the access easement. Note: the width of the access easement may need to be widened to suit and therefore the land application area for lot 17 may need to be relocated to achieve minimum setbacks as per the Queensland Plumbing and Wastewater Code.

6. Prior to construction of all new roads the following actions are

required: (i) Lodgement of a plan of the proposed centreline; (ii) The proposed centreline is to be pegged by the Consultant

Surveyor to facilitate an inspection; and (iii) Inspection by Council’s Engineer to ensure the new road is

suitably located. A Certificate of Acceptance will be issued following inspection, if the

proposed road location is acceptable. 7. Access to the proposed lots are to be constructed in accordance with

the requirements of Council’s Infrastructure Works Code – Drawing No R-10.

8. Access to each lot shall have a minimum visibility of 170 metres for

Eel Creek Road and 65 metres for Access Road in each direction to the satisfaction of Council’s Chief Executive Officer.

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9. The entrance and driveway for Lot 20 is to be constructed to a 3

metre wide bitumen with 2 coat seal or 30mm AC on 150mm base gravel pavement from edge of shoulder of the Access Road for the full length of the access strip.

10. All lots are to be permanently numbered with reflective numbers on

posts to the satisfaction of Council’s Chief Executive Officer. 11. A duly executed grant of easement for access and services is to be

submitted to Council for approval, together with any necessary Plan Registry Authority forms requiring Council’s endorsement, prior to the release of the Plan of Survey. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

12. In accordance with Council’s Planning Scheme Policy 6: Park

Contributions, a contribution is to be paid to Council for the improvement of existing public park or recreation spaces in the general area. The contribution is currently assessed at $5 346 based on $1 782 per new lot created, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

13. In accordance with Planning Scheme Policy 12: Sealed Road

Contributions for Designated Rural Residential Areas a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $31 641, based on $10 547 per additional lot, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

14. Prior to commencement of any site works a declared plants clearance

is required to be obtained from Council and/or a satisfactory management plan approved. The enclosed Notification of Compliance Form is to be completed and lodged with Council as evidence that this has been undertaken prior to issue of a Development Permit for Operational Works.

15. Identification markers are to be placed within 1 metre of survey pegs

at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

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16. Erosion and sediment control measures are to be designed and provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

17. An agreement is to be entered into with Energex to provide electricity

to all approved lots without any financial encumbrance on future owners of these lots.

18. The applicant shall make suitable arrangements for the provision of

an underground telephone service to the proposed new allotments within the subdivision. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

19. Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

20. Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

21. Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey and at completion of engineering design approval process to ensure that engineering designs are not compromised.

22. A detailed survey or certification, undertaken by a cadastral

surveyor, is to be submitted confirming that existing buildings, and improvements are fully contained within the boundaries of the new lots.

23. The method of treatment of stormwater runoff from and through the

site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

24. (i) Where any works associated with this development approval

are to be carried out on Council controlled land, such as road, park, drainage reserves, or the like, a Traffic Management Plan shall be submitted to Council for review prior to the pre-start meeting for such works.

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(ii) The Traffic Management Plan shall be constantly reviewed and revised throughout the construction phase of the project until the works are accepted “On-maintenance” by Council.

25. Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

Notes (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

(ii) Any future dwelling house is not to be erected within the access handle of a hatchet shaped allotment.

Carried.

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SECTION 4: PLANNING APPLICATIONS PENDING

Cr G.L. Engeman declared a Conflict of interest in the next item due to perceived business interests and abstained from voting.

4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AL Acknowledgement Letter AN Acknowledgment Notice RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number & Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA09724 Rainbow Shores Pty Ltd (TMS)

Inskip Ave, Inskip Preliminary Approval for Resort / Commercial Village

890 Submissions. DMR response received 07/03/07 – conditions. DNRW third party advice received 21/06/07. EPA extend assessment period to 19/12/08.

DA10291 Graham McCombe (TMS)

253 Gap Road, Cedar Pocket

Extractive Industry (Quarry) & ERA #20 Extracting Rock < 5000t

DMS. Report to P & D Committee Meeting. Four (4) Submissions received.

DA10931 Fraser Straits Marina Pty Ltd (TMS)

Esplanade, Tin Can Bay

Marine Industry (Marina)

RFI sent 20/06/08. Awaiting applicant’s response. Referral Agencies – Contaminated Land Unit EPA, DMR, Maritime Safety Qld, EPA, DNRW, DPI Fisheries. DNRW advise response due 10/07/08.

DA11051 Argent Holdings Pty Ltd (TMS)

Litschner Road, Widgee Crossing South

Subdivision to Create 28 Additional Lots

DN sent 22/05/08. Two (2) Submissions. Representations received 09/07/08. Report to P&D Committee Meeting.

DA13803 Agnew (MKM)

132 Verne Road, Wolvi

Aquaculture (Redclaw & Fish)

Amended AN sent 05/09/08. Concurrence Agency DPI.

DA13902 Integra (Qld) Pty Ltd (TMS)*

Lawson & Groundwater Roads, Pie Creek

Change Land Use Entitlements to Rural Residential & Subdivision to Create 53 Additional Lots

DNR advise RFI issued 15/08/08.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA15705 Watson K & R (TMS)

4b Pine Ave, Kandanga

To Change the Land Use Entitlements from the Rural Zone to Village Zone subdivision to create One Additional Lot

RFI period extended to 11/05/09. Awaiting applicant’s response.

DA15782 Mackenzie (MKM)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

PNS closed 07/11/08.

DA15813 Heilbronn R D (TMS)

Chatsworth Rd, Two Mile

To change the Land Use Entitlements from the Rural Zone to the Housing Zone

RFI period extended to 15/05/09. Awaiting applicant’s response. Concurrence Agency: DMR response received 31/05/07.

DA15904 Towler J (MKM)

54 Flood Rd, East Deep Creek

General Industry (Wrecking & Scrap Yard)

PNS closed 30/01/09. Refer to Late Item 2 in Today’s Agenda.

DA17006 Edwards (MKM)

1021 Bruce Hwy Kybong

Transport Depot & Caretakers Residence

RFI extended to 22/04/09. Awaiting applicant’s response. Concurrence Agency DMR. Applicants advise representations made to DMR’s conditions.

DA210 Kennedy (KMT)

223 Cloynes Road, Booubyjan

Intensive Animal Husbandry & ERA 2c (999 SCU)

DMR RFI issued 18/12/07. Awaiting applicant’s response.

DA17751 Play Station (Qld) Pty Ltd (TMS)*

Exhibition Road, Southside

Education or Health Premises (School Age Care Facility)

Representations received 24/10/08. NDN to be issued. One (1) Submitter.

DA17897 Morris (KMT)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA18322 Ecorion Prop P/L (TMS )

1038 Bruce Highway, Kybong

Preliminary Approval to Override Planing Scheme for Master Planned Business Park

RFI sent 16/01/09. Awaiting applicant’s response. Concurrence Agency DMR response received 30/09/08. Advice Agency DIP response received 16/10/08.

DA253 Allen & Dray (KMT)

Dray Rd Widgee Extractive Industry (Rock Quarry) & ERA # 20

DMS. Report to P&D Committee Meeting.

DA247 Cotter (TMS)

555 Kinbombi Rd Goomeri

Feedlot PNS ALOD sent 16/03/09. Concurrence Agency (DPI). Note: DPI RFI period expires 31/03/09.

MCU195/07 Curra Country Sandstone Supplies (KMT)

Gardners Lane, Tiaro

Extractive Industry & MCU – Environmentally Relevant Activity ERA #20

Reported to P&D Committee Meeting. One (1) Submitter.

DA18435 Walker (KMT)

39 Manooka Dr & 13 Carlo Rd, Rainbow Beach

COMBINED Multi-Residential (4 Dwelling Units) & Boundary Alteration

Part response to RFI received 10/02/09. Awaiting further response.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0515 Custodian Project Services (KMT)

45 Musgrave Street, Gympie

Multi-Residential (10 Units)

Reported to P&D Committee Meeting. (1) Submitter.

2008-0667 McMackin & Sarrinen (KMF)

22 Somerset Street, Gympie

Multi Residential – (3 Units)

RFI sent 23/10/08. Awaiting applicants response.

2008-0545 Thai Aust Nursery Enterprises P/L (KMT)

6A Mulcahy Terrace, Gympie

Multi-Residential (10 Dwelling Units)

PNS. ALOD to be sent 17/03/09.

2008-0721 Salmucci (MKM)

43 Ashford Road, Gympie

Multi-Residential (6 Units)

Reported to P&D Committee Meeting. Two (2) Submissions.

2008-0775 The Bullen Family Trust (MKM)*

4 & 5 Shayduk Close, Gympie

Multi-Residential (8 Townhouses)

Reported to P&D Committee Meeting.

2008-0745 Walker (KMT)

63 Barsby Road, Imbil

Food and Entertainment Venue (Golf Course & Ancillary Clubhouse) & Accommodation Premises (Guest Cabins)

PNS. ALOD to be sent.

2008-1071 Christensen (MKM)

12 Glastonbury Road, Southside

Multi Residential (4 Units)

RFI sent 12/12/08. Awaiting applicant’s response. Concurrence Agency DMR response received 27/10/08.

2008-1102 JY Farm Family Trust (MKM)

1119 Tagigan Road, Wolvi

Aquaculture RFI sent 06/01/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 27/02/09. Amended AN sent 23/01/09.

2008-0911 Custodian Projects Services Pty Ltd (KMT)

74 Exhibition Road, Southside

Multi-Residential (10 Units including Existing Dwelling House)

RFI sent 31/10/08. Awaiting applicant’s response.

2008-0837 Townhouse QLD Pty Ltd (KMT)

62 Old Maryborough Road, & Shayduk Close, Gympie

Multi-Residential (8 Dwelling Units)

PNS. ALOD sent 18/02/09.

2008-1225 Mills (KMT)*

266 Blackgate Road, Amamoor

Food or Entertainment Venue (Tavern) & Accommodation Premises (10 Unit Motel & Manager’s Residence)

RFI sent 27/11/08. Awaiting applicant’s response.

2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre

RFI sent 08/01/09. Awaiting applicant’s response.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1088 Silkyoak Enterprises Pty Ltd (TMS)

39 Woondum Rd, Kybong

Preliminary approval for Establishment of General Industry, Rural Industry, Extractive Industry & Warehouse Uses

RFI sent 19/12/08. Awaiting applicant’s response. Concurrence Agency DNRW. Advice Agency DIP response received 28/10/08. Advice Agency Powerlink response received 19/12/08.

2008-1280 Gilgal Enterprises Pty Ltd (MKM)*

11-14 Shayduk Close, Gympie

Multi-Residential (13 Units)

DMS. Report to P&D Committee Meeting. Five (5) Submissions.

2008-1327 Crayford (MKM)

17 Violet Street, Gympie

Accommodation Premises (3 Motel Units)

PNS. ALOD to be sent.

2008-1382 Wilson (MKM)

37 Apollonian Vale, Gympie

Multi-Residential Four (4) Units

RFI sent 15/01/09. Awaiting applicant’s response. Heritage Advisory Committee response received 15/10/08

2008-1562 Millcross Unit Trust (KMF)

18 Somerset Street, Gympie

Multi-Residential (4 Units)

DMS. DN due.

2008-1583 Prior (MKM)

10 Flynn Road, Gympie

Multi-Residential (Three Dwelling Units)

AN sent 30/10/08. RFI due.

2008-1696 JMBS (SAC)

Kinbombi Road, Kinbombi

Dwelling House (on a Lot not less than 2,000m2.

PNS. ALOD sent 10/03/09.

2008-1730 Daniels (MKM)*

9 Wilsons Pocket Road, Goomboorian

Education or Health Care (Extension to existing Child Care Facility)

RFI received 12/03/09. Concurrence Agency DMR.

2008-1830 Catalyst Securities Pty Ltd & Hoskins & Associated Pty Ltd (TMS)*

David Drive, Curra Caravan Park (60 Sites) & ERA #15 (b) – Sewerage Treatment (Standard Works for 100 or more but less than 150 equivalent persons)

RFI sent 27/02/09. Awaiting applicant’s response. ALOD sent 27/02/09. Concurrence Agencies EPA RFI issued 06/03/09, DNRW response received 09/02/09, DMR response received 12/02/09.

2008-1899 Harris (MKM)

34 Louisa Street, Gympie

Multi-Residential (5 Units)

AN sent 22/12/08. RFI due.

2008-1939 Queensland Water Infrastructure Pty Ltd (TMS)

30 Kandanga Imbil Road, Kandanga

Food or Entertainment Venue (Bowls Club), Reconfiguring a Lot - Subdivision to Create Three (3) Additional Lots & Access Easement & Operational Work – Earthworks & Roadworks

AN sent 08/01/09. RFI due. Concurrence Agencies DMR response received 28/01/09, DNRW response received 23/02/09 & Qld T’port response received 06/02/09. Advice Agency EPA response received 22/01/09.

2009-0009 Silich (MKM)

37 & 39 Musgrave Street, Gympie

Multi-Residential (15 Townhouses)

AN sent 20/01/09. RFI due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0005 Wright (KMF)

Miva Road, Gunulda

Dwelling House AN sent 23/01/09. RFI due. Concurrence Agency EPA advise further information required.

2009-0077 Blakeney (MKM)

96 Stewart Road, Coondoo

Extractive Industry (Quarry)

AN sent 11/02/09. RFI due. Concurrence Agency DNRW response received 06/03/09. Advice Agency EPA.

2009-0156 Jones (TMS)*

123 East Deep Creek, Monkland

General Industry (Transport Depot)

AN sent 23/02/09. RFI due.

2009-0135 Hose (KMT)

Curra Estate Road, Curra

Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year)

AN sent 25/02/09. RFI due. Concurrence Agencies EPA, DMR RFI issued 17/03/09 & DNRW. Refer to Item 5/1 in Today’s Agenda.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA14737 Driver WB (MKM)

261 Brisbane Rd, Monkland

Home Business (Glazing & Fabrication of Aluminium Screens)

Letter sent 21/11/08 requesting intentions.

DA16074 Go West Gympie Pty Ltd (TMS)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

RFI extended to 17/05/09. Awaiting applicant’s response.

DA16344 Raw Ochre Design (KMT)

68 Duke Street, Gympie

Showroom (3 Tenancies)

DMS. Report to P&D Committee Meeting.

DA16643 Gympie Soft Wood Timbers Pty Ltd (TMS)

277 Tamaree Road, Tamaree

General Industry (Sawmill – Milling & Processing of Pine Logs) & Environmentally Relevant Activity (ERA #67 – Sawmilling)

RFI extend to 03/03/09. Awaiting applicant’s response. Concurrence Agency EPA (ERA’s). EPA extend RFI to 08/04/08. DMR response received 28/08/07.

DA17123 Wilson DC & JM (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

DMS. Report to P&D Committee Meeting.

DA17246 Oaklands Management Pty Ltd (TMS)

68 Myall Street, Gympie

Multi-Residential (18 Units)

Applicant advised 11/03/09 that revised plans are to be resubmitted.

DA17938 Power (TMS)

19 Hyne Street, Gympie

Shop DMS. DN due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA17908 Carter Holt Harvey (MKM)

Langton Rd, Monkland

General Industry (Relocating Burners in existing Wood Processing Plant)

Amended AN sent 13/10/08. Concurrence Agency EPA advise incomplete application 19/09/08. Qld Transport response received 23/10/08.

DA17944 Ellis (TMS)

258 East Deep Creek Rd, East Deep Creek

General Industry (Transport Depot & Vehicle Storage Yard)

RFI sent 27/03/08. Awaiting applicant’s response.

DA18050 Haring (TMS)

13 Spectrum St, Rainbow Beach

Commercial Premises (4WD Hire)

DMS. Report to P&D Committee Meeting.

DA18104 Greenco Pty Ltd (MKM

72 Chatsworth Rd, Gympie

General Industry RFI response received 27/08/08. Concurrence Agency DMR advice received 19/03/09.

DA18282 Eade (TMS)

230 East Deep Creek Rd, East Deep Creek

Warehouse Withdrawn from the agenda General Meeting 25/03/09 at applicant's request. On hold pending advice from applicant.

DA18289 Gerhardt (TMS)*

Jubilee St, Monkland Gympie

Multi-Residential (3 Units)

DMS. Report to P&D Committee Meeting.

MCU175/07 Kelly (KMT)

31 Scrub Road, Gunalda

Concrete Batch Plant RFI sent 12/09/08. Awaiting applicant’s response.

MCU177/07 Lees B (TMS)*

Balkin St Gunalda Establishment of Motel (10 cabins) and Caretaker’s Residence

DMS. DN due.

MCU260 KMM Quarries (KMT)

5167 Burnett Highway Goomeri

Extractive Industry & Environmentally Relevant Activities

Public Notification completed. Applicant negotiating with DMR response received 09/03/09.

DA243 Sterns (MKM)

472 Bular Road, Kilkivan

Certified Organic Poultry Farm – (Increase Capacity from 6,000 to 60,000 max)

Extra information requested 06/10/08. Awaiting applicant’s response.

DA256 PJ Burns Builder (MKM)

Rose Street, Kilkivan

Multiple Dwelling Units

AN sent 10/6/08. RFI due. DMR RFI sent 20/08/08.

2008-0378 Tim Developments (MKM)

168 Old Maryborough Rd, Gympie

To change the land use entitlements from Rural to Housing & Reconfig –Subdivision to Create Thirty Six (36) Additional Lots

RFI sent 23/07/08. Awaiting applicant’s response. Concurrence Agency CLU response received 02/06/08.

2008-0399 Victory College (TMS)*

173-175 Old Maryborough Rd, Araluen

Education or Health Premises (Alterations to Existing Education Premises – Childcare Centre)

DMS. DN due. Refer to Late Item 3 in Today’s Agenda.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0468 Loot Homewares Gympie (KMT)

42 Duke Street, Gympie

Commercial Premises RFI sent 15/09/08. Awaiting applicant’s response.

2008-0496 Vixen Dev Pty Ltd (SFC)

78 Old Maryborough Road, Gympie

Multi-Residential (Duplex)

DMS. DN due.

2008-0516 Plowman (TMS)

11 & 13 Phoenix Lane, Gympie

Multi Residential (14 Units)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency EPA.

2008-0630 Baker (TMS)

Eel Creek Road, Pie Creek

General Industry & Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots

RFI sent 31/10/08. Awaiting applicant’s response. Concurrence Agency EPA (CLU) response received 22/07/08.

2008-0657 Rozynski (SAC)

Rozynski Road, Imbil

Dwelling House (Farm Worker’s Cottage)

AL sent 26/06/08. RFI due.

2008-0642 Wilson (KMF)

16 Kanimbla Avenue, Cooloola Cove

Multi Residential (Relative’s Accommodation)

RFI sent 11/09/08. Awaiting applicant’s response.

2008-0634 Reyloh Pty Ltd (KMT)

22 Chatsworth Road, Gympie

Accommodation Premises (60 Unit Motel & Caretakers Residence) & Food & Entertainment Venue (Function Room & Restaurant)

RFI sent 02/10/08. Concurrence Agency DMR response received 21/08/08.

2008-0526 Jones (SAC)

7 Edith Road, Mothar Mountain

Commercial Premises (Art Gallery, Sales & Art Workshops & Low Impact Industry (Picture Framing)

RFI sent 22/12/08. Awaiting applicant’s response.

2008-0761 Wiltshire Stevens Architects (KMT)*

Goondi Street, Rainbow Beach

Warehouse (8 individual storage units) and Caretaker’s Residence

DMS. DN due.

2008-0836 Mills (MKM)

Laurenceson Road, Glanmire

Warehouse DMS. DN due.

2008-0838 Hamerwill Pty Ltd (KMT)*

22 Caledonian Hill, Gympie

Commercial Premises RFI sent 12/11/08. Awaiting applicant’s response. Heritage Advisory Committee response received 14/08/08.

2008-1008 Aspire Developments Pty Ltd (KMT)*

24 Caledonian Hill & 9 Alma Street, Gympie

Accommodation Premises (Boarding House – 20 Units)

AL sent 06/08/08. RFI due. Heritage Advisory Committee response received 14/08/08. Application held in abeyance pending further advice.

2008-1006 B J Hogan Pty Ltd (MKM)

200 Queen Elizabeth Drive, Cooloola Cove

Low Impact Industry DMS. DN due.

2008-1145 Taxis (TMS)

18 Langara Drive, Southside

Multi-Residential (Duplex)

Part RFI response received 04/03/09.

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File Number & Applicant Location Nature of Application Status

2008-1056 Power Road P/L (TMS)

21 Exhibition Road, Southside

Commercial Premises (Medical Centre) & Shop (Pharmacy)

DMS. Reported to P&D Committee Meeting 04/02/09. Refer to Item 2/1 in Today’s Agenda.

2008-1067 Devey P/L (KMT)*

42 Edwin Campion Drive, Monkland

Food & Entertainment Venue (Children’s Play Centre) and Showroom

DMS. Report to P&D Committee Meeting.

2008-1183 Custodian Project Services Pty Ltd (TMS)*

Banks Pocket Road, Fauna Road, Heights Drive & Old Maryborough Road, Gympie

Combined MCU & Reconfig - Retirement Village, Community Centre, Shop (Convenience Store) & Commercial Premises (Medical Centre) & Boundary Alteration & Subdivision to Create Four (4) Additional Lots (Nine (9) New Lots from Five (5) Existing Lots)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency DMR, DNRW & QT. DNRW issued RFI 05/09/08. QT issued RFI 08/09/08.

2008-0896 Raw Ochre Design (KMT)

88 River Road, Gympie

Shop & Commercial Premises (Offices)

DMS. DN due.

2008-1226 Mills (KMT)*

Amamoor Street, Amamoor

Accommodation Premises (15 Cabins & 50 Room Backpacker Accommodation Building)

RFI sent 27/11/08. Awaiting applicant’s response.

2008-1316 Southside Family Village (KMT)*

5 Rose Road, Southside

Combined MCU & Reconfig - Multi-Residential (Community Village comprising 15 Units and Managers Residence) & 3 Standard Format Lots & 6 Building Format Lots in a Community Titles Scheme)

RFI sent 18/12/08. Awaiting applicant’s response.

2008-0699 Niduts Investment Trust (TMS)

54 Crescent Road, Gympie

Display Yard AN sent 29/09/08. RFI due. Concurrence Agency DMR response received 14/10/08. On hold applicant negotiating with DMR.

2008-1299 IJ & LJ Silbery Superannuation (TMS)*

16 Wickham Street, Gympie

Accommodation Premises (26 Motel Units and Manager’s Residence)

RFI sent 07/11/08. Awaiting applicant’s response. Concurrence Agency DMR response received 22/10/08.

Page 70: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 69 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1009 Anderleigh Sandstone & Slate (KMT)

270 Sorensen road, Gunulda

Environmentally Relevant Activity (ERA #20 (a) – Extracting Rock or Other Material not more than 5000t a Year)

AL sent 01/10/08. RFI due.

2008-1179 Brisbane Congregation Jehovah’s Witnesses (KMT)

5 Atlantis Avenue, Cooloola Cove

Community Services (Church)

DMS. Report to P & D Committee Meeting.

2008-1346 Rizzato (KMT)*

37 Nash Street, Gympie

Commercial Premises (Professional Offices)

RFI sent 18/02/09. Awaiting applicant’s response. Advice Agency EPA response received 10/12/08.

2008-1345 Stirling (KMT)*

67 Channon Street, Gympie

Commercial Premises (Health Care Clinic)

RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency DMR response received 17/10/08. Heritage Advisory Committee response received 15/10/08

2008-1445 MJB Gympie Pty Ltd (SAC)

47 Geordie Road, Monkland

Accommodation Premises (Additional Cabins incorporating 27 Additional Rooms)

AN sent 08/10/08. RFI due. Concurrence Agency DMR response received 23/10/08.

2008-1428 Thureson (MKM)

674 Kandanga Creek Road, Kandanga

Multi-Residential (Second Dwelling for Relative)

DMS. DN due.

2008-1574 Gerhardt (KMT)*

15 Stanley Street, Gympie

Commercial Premises RFI sent 24/02/09. Awaiting applicant’s response.

2008-1604 Edwards (MKM)

10 Wadell Road, Two Mile

General Industry & Low Impact Industry

RFI sent 04/03/09. Awaiting applicant’s response.

2008-1686 Amaroo Properties t/a The Pheonix Trust (TMS)

22 Oak Street, 9 & 11 Adams Street, Gympie

Accommodation Premises (Car Parking for Motel and Associated Restaurant and Functions Rooms)

AL sent 06/11/08. RFI due. Concurrence Agencies EPA & DMR.

2008-1835 Buckley (TMS)

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

AN sent 11/12/08. RFI due. Concurrence Agency DNRW.

2008-1886 Cooloola Christian College Ltd (MH)

Davison Road, Southside

Education or Health Premises (Additional to College Campus – Multi Purpose Facility)

Reported to P&D Committee Meeting.

2008-1888 Cooloola Christian College Ltd (MH)

Davison Road, Southside

Education or Health Premises (Alterations & Additions to School/College Campus)

Reported to P&D Committee Meeting.

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Planning & Development Committee Meeting – 1 April 2009 - 70 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1912 Lonken Pty ltd T/A Rainbow Beach Holiday Village & BP Service Station (TMS)

13 Rainbow Beach, Rainbow Beach

ERA #11(a) Petroleum product storage 10,000L to 500,000L

AL sent 16/12/08. RFI due.

2008-1759 Widgee Welding Works (KMT)

25 Tooth Drive, Widgee

ERA #24 AL sent 17/12/08. RFI due.

2008-1866 Silich (KMT)

13 Alfred Street, Gympie

Food or Entertainment Venue (Restaurant)

AL sent 23/12/08. RFI due.

2008-1811 Massimo Designs T/A Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

ERA #22 (a) Screening ect, materials more than 50t but less than 5,000t a year

AL sent 23/12/08. RFI due.

2008-1962 Rainbow Beach Sports Recreation & Memorial Club Ins (MKM)

Cnr Double Island Drive & Rainbow Beach Road & Green Valley Drive, Rainbow Beach

Food or Entertainment Venue – Outdoor Aquatic Facility

AN sent 24/12/08. RFI due. Concurrence Agency DMR.

2008-1968 Queensland Water Infrastructure Pty Ltd (KMT)

14 Monarch Road, Carters Ridge

Multi-Residential (Two (2) Dwellings)

Reported to P&D Committee Meeting.

2008-1969 Queensland Water Infrastructure Pty Ltd (KMT)

48 Hilary Road, Tuchekoi

Multi-Residential (Two (2) Dwellings)

Reported to P&D Committee Meeting

2009-0003 Protheroe (MKM)

19 Dennis Little Drive, Glanmire

General Industry (Transport Depot)

DMS. DN due.

2009-0085 Beverley Jorgensen Building Design (SAC)

6 Bligh Street, Kilkivan

Shop (Additional Three (3) Single Storey Shops)

AN sent 19/02/09. RFI due. Concurrence Agency DMR advise response due 08/04/09.

2009-0087 Gay Schmidt Trust (KMT)

Wallader Road, Imbil

General Industry (Plastic Reprocessing Facility)

AN sent 19/02/09. RFI due. Concurrence Agency DMR advise response due 06/04/09. Advice Agency EPA, Energex response received 09/03/09.

2009-0187 Wilson (SFC)

26 Red Gully Road, Amamoor

Accommodation Premises (Farmstay Cabins)

Amended AL sent 26/02/09. RFI due.

2009-0201 Smith (SFC)

79 Greenoak Road, Kandanga

Multi Residential (Second Dwelling)

AL sent 03/03/09. RFI due.

2009-0218 Richards (MKM)

14 Watt Street, Gympie

Multi-Residential (Two Dwellings)

AL sent 04/03/09. RFI due.

Page 72: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 71 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0162 Gympie Regional Council (TMS)

Gatehouse Road, Kilkivan

Local Utility (Water Treatment Plant)

AN sent 09/03/09. RFI due. Concurrence Agency Qld T’Port.

2009-0240 Grieger (SFC)

79 Sykes Road, Bells Bridge

Dwelling House (Second |Dwelling)

AL sent 18/03/09. RFI due. Concurrence Agency DNRW. Advice Agency EPA.

2009-0214 DB Sheds Durabuilt (SAC)

10-22 Curra Road, Curra

Community Activities (Curra Rural Fire Brigade storage Shed) & Building Work (Class 10a Shed)

AL sent 18/03/09. RFI due.

2009-0256 Silich (SFC)

47 Hilton Road, Gympie

Multi-Residential (Second Dwelling)

AL sent 19/03/09. Awaiting applicant’s response.

RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 lots) and Stage 7 (18 and Balance)

Amended plans received 05/03/07. Further letter sent 24/05/07.

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA14596 Chasob Pty Ltd (TMS)

Connection Road, Gympie

Subdivision to Create 28 Additional Lots

DIP extend assessment information request response period to 12/01/09. Concurrence Agencies DMR, NRW & QT.

DA15669 Andreassen (TMS)

153 Ballard Road & Michelle Court, Imbil

Subdivision to Create 16 Additional Lots

DMS. Report to P&D Committee Meeting.

DA15862 Nissen (TMS)

1 Currumbine Avenue, Gympie

Subdivision to Create one (1) Additional Lot & Common Area(Community titles Scheme)

DMS. Report to P&D Committee Meeting.

DA16162 Patrick FT & MJ (MKM)

358 Eel Creek Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D committee Meeting.

DA16327 Sutherland & Rush (MKM)

134 & 136 Greentrees Road, Pie Creek

Subdivision to Create Seven (7) Additional Lots

RFI received 30/06/08. DNR advise extension till 06/03/09.

DA16722 Brady (TMS)

Mackenzie Road, Tamaree

Boundary Alteration DMS. DN due. Applicant requested on 21/11/07 and 11/02/08 for application to be held in abeyance.

DA17008 McHugh (MKM)

78 Tamaree Road, Tamaree

Subdivision to Create Two (2) Additional Lot

DMS. DN due.

DA17219 Rowan B & S (TMS)

406-407 Wilton Road, Greens Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA17222 Jorgensen P (TMS)

44 Minya Road, The Palms

Subdivision to Create One (1) Additional Lot

DMS. DN due.

Page 73: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 72 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA17330 Cochrane (KMT)*

48 Old Veteran Road, Veteran

Subdivision to Create Eight (8) Additional Lot

DMS. DN due.

DA17419 Bairnsdeen Pty Ltd (TMS)

36 Diggings Road, Imbil

Subdivision to Create 17 Additional Lots

RFI period extended to 04/06/09. Awaiting applicant’s response.

DA17588 Echochamp Pty Ltd (TMS)

44-45 Esplanade, Tin Can Bay

Subdivision to Create Three (3) additional Lots

RFI period extended to 16/03/08. Awaiting applicant’s response. Letter sent 15/12/08 advising application will be held pending additional submission until 15/03/09.

DA17687 Dray (MKM)

223 Gibson Road, Mooloo

Boundary Alteration & Access Easement

DMS. DN due.

DA17847 Ryan (TMS)

410 Old Maryborough Rd, Araluen

Subdivision to Create Four (4) Additional Lots

Reported to General Meeting 10/12/08. Letter sent 16/12/08. Awaiting applicant’s response.

DA17890 Drollinger (TMS)

126 Tamaree Road, Tamaree

Subdivision to Create Five (5) Additional Lots

RFI sent 27/03/08. Awaiting applicant’s response. Concurrence Agency DNRW response received 15/08/08.

DA17905 Broomhall (TMS)

378 Eel Creek Road, Pie Creek

Subdivision to Create Two (2) Additional Lot

DMS. DN due.

DA17922 Beck (KMT)

162 Witham Road, The Dawn

Boundary Alteration DMS. DN due.

DA17953 Taylor (TMS)

256 Amamoor Dagun Road, Amamoor

Subdivision to Create Two (2) Additional Lots

DMS. Report to P&D Committee Meeting.

DA18112 Hanson (SAC)

1650 Kandanga Creek Rd, Upper Kandanga

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18183 Bennett (KMF)

613 Old Maryborough Rd, Chatsworth

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

DA18236 Walker (KMF)

8 Old Veteran Rd, Veteran

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

DA18378 Rentsch (SFC)

271 Sandy Creek Rd, North Deep Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18347 Harris (KMT)

76 Sunrise Circle, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. DN due.

DA18449 Forde FM (TMS)

40 Elizabeth Street, Imbil

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

R177/07 Kelly (SAC)

31 Scrub Road, Gunalda

Reconfiguring of Lot (1 into 2)

DMS. DN due.

Page 74: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 73 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

R187/07 Moody (KMT)

6 Hermans Road, Gunulda

Reconfiguring of Lot (1 into 4)

Reported to P&D Committee Meeting. Withdrawn from the agenda General Meeting 12/11/08 at applicant's request. On hold pending advice from applicant.

R198/07 Thompson (TMS)

Kirsten Drive, Curra

Reconfiguring Lot of (1 into 2)

RFI sent 15/01/08. Awaiting applicant’s response. DNRW RFI sent 13/02/08.

R205/08 KG & JKL Knight Super Fund ATF (KMF)

Rodney Rd Curra Reconfiguration of Lot (1 into 2)

DMS. DN due.

SD483 Conway (KMT)

Cnr Fraser & Angel Sts, Kilkivan

Reconfiguration of Lot (13 Lots)

DMS. Report to P&D Committee Meeting.

SD495 Allen (KMT

2110 Gympie-Woolooga Rd Widgee

Reconfiguration of Lot (1 into 8 – Stage 2)

DMS. DN due.

SD510 Ken McDonald Surveys (Emirc Ni Srentrap P/L) (MKM)

Gympie-Woolooga Rd Widgee

Reconfiguration of Lot (1 into 8)

DMS. DN due.

SD514 Janke (KMF)

2378 Gympie-Woolooga Rd Widgee

Boundary Realignment

AN & RFI sent 12/03/08. Awaiting applicant’s response.

SD518 Hawkins (KMT)

193 Power Rd Widgee

Boundary Realignment

Landowners consent received 20/11/08. RFI due.

SD520 Hobbs (KMT)

25 Janke Rd Widgee

Boundary Realignment

AN & RFI sent 19/02/08. Awaiting applicant’s response.

SD523 Gibbs (SAC)

2767 Gympie-Woolooga Road, Widgee

Boundary Alteration Combined AN & RFI sent 03/04/08. Awaiting applicant’s response.

SD524 Steele (MKM)

22 Hawkins Rd Widgee

Reconfiguration of Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

SD525 Bulger (MKM)

53 Boundary Dve Widgee

Reconfiguration of Lot (1 into 2)

Awaiting response to co-owners consent letter sent 31/03/08.

SD531 Grinter & Nott (SAC)

6 Janke Rd Widgee Reconfiguration of Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

2008-0031 Gabriel & Richardson (SFC)

242 Cliff Jones Road, Curra

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0041 Butler J & L A (KMT)

23 Minya Rd, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 17/09/08. Awaiting applicant’s response. Concurrence Agency DNRW, DNRW RFI issued 21/05/08.

2008-0076 Carmichael (KMT)

225 Allen Rd, Chatsworth

Subdivision to Create One (1) Additional Lot

RFI sent 19/08/08. Awaiting applicant’s response.

Page 75: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 74 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0180 Keding Group Pty Ltd (KMF)

449 Eel Creek Rd, Pie Creek

Subdivision to Create Three (3) Additional Lots

DMS. Report to P&D Committee Meeting. Refer to Item 3/2 in Today’s Agenda.

2008-0187 Place (SFC)

2 Schoolhouse Rd Amamoor

Subdivision to Create Two (2) Additional Lots & Access Easement

DMS. DN due.

2008-0234 Urwin (KMT)

4 Roma St Monkland

Subdivision to Create One (1) Additional Lot

RFI sent 19/06/08. Awaiting applicant’s response.

2008-0151 Boatfield SP & KJ (PKM)

553 East Deep Creek Rd Cedar Pocket

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0147 Keeldale Pty Ltd (TMS)*

221 Zerner Rd & Eel Creek Rd, Pie Creek

Subdivision to Create Thirteen (13) Additional Lots

Further request for additional information sent 22/10/08. Awaiting applicant’s response.

2008-0249 Cochrane J & M (MKM)

37-39 Rifle Range Rd, Gympie

Subdivision to Create Five (5) Additional Lots

DMS. DN due.

2008-0368 Burden KB & BM (MKM)

85 Trout Rd, The Dawn

Subdivision to Create Two (2) Additional Lots & Access Easement

DMS. DN due.

2008-0371 Milligan (SFC)

250 & 252 Sandy Creek Rd, Veteran

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2008-0414 Flemming (SFC)

45 Daniel Drive, Pie Creek

Subdivision to Create Two (2) Additional Lots

Reported to P & D Committee Meeting.

2008-0419 Rajj Holdings Pty Ltd (SFC)

74 North Deep Creek Rd, North Deep Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0462 Swinford (SFC)

104 & 106 Witham Rd, The Dawn

Subdivision to Create One (1) Additional Lot & Access Easement

Amended AN sent 09/03/09. RFI response received 24/09/08. Concurrence Agency Qld T’port received 20/03/09.

2008-0463 Kent (SFC)

104 Witham Rd, The Dawn

Subdivision to Create Two (2) Additional Lots & Access Easement

Amended AN sent 09/03/09. RFI due. Concurrence Agency Qld T’port response received 20/03/09.

2008-0554 Cooper & Sutherland (MKM)

43 Pine Valley Drive, Pie Creek

Subdivision to Create One (1) Additional Lot

RFI sent 26/08/08. Awaiting applicant’s response.

2008-0650 Hutchinson (PKM)

93 Grecian Bends Road, Greens Creek

Subdivision to Create One (1) Additional Lot

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 01/08/08. Applicant negotiating with DMR conditions. 01/10/08.

2008-0670 Moylan Falls Pty Ltd (MKM)

Wallander Road, Imbil

Boundary Alteration RFI sent 26/08/08. Awaiting applicant’s response.

2008-0686 Browning (PKM)

11 Trout Rd, The Dawn

Subdivision to Create One (1) Additional Lot

DMS. DN due.

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Planning & Development Committee Meeting – 1 April 2009 - 75 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0629 Pagerose Pty Ltd (KMT)

12 Koumala Road, Southside

Subdivision to Create 21 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-0742 Bird (MKM)

15 Hillview Road, Cedar Pocket

Subdivision to Create Three (3) Additional Lots

DMS. DN due.

2008-0796 McDonald (MKM)

40 Gerber Road, Widgee

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0771 Duff (KMT)*

56 Purcell Road, Bells Bridge

Subdivision to Create 30 Additional Lots

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 28/08/08.

2008-0826 Murray & Thrupp (MKM)

24 Birdwood Drive, Gunalda

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0821 Jones (MKM)

103 Fritz Road, Chatsworth

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-0789 Wewer & Starkey (KMT)

116 & 146 Fritz Road, Chatsworth

Subdivision to Create 15 Additional Lots

Response to RFI received 29/01/09. Concurrence Agency EPA RFI issued 18/09/08.

SD532 Hendry (MKM)

75 Barrett Road, Widgee

Subdivision to Create Ten (10) Additional Lots

Part RFI response received 02/02/09.

2008-0822 Platinum 8 Developers (KMF)

18 Birdwood Drive, Gunulda

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0823 Stringer (KMF)

10 Jubilee Street, Monkland

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2008-1018 Coo (MKM)

160 Rodney Road, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1080 Humphris (MKM)

22 Country View Drive, Chatsworth

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2008-1142 Martoo consulting (MKM)

Hester Street & Bligh Street, Kilkivan

Subdivision to Create One (1) Additional Lot

RFI sent 25/11/08. Awaiting applicant’s response.

2008-0835 Pearman (SAC)

Glastonbury Road, The Palms

Subdivision to Create 24 Additional Lots

AN sent 20/08/08. RFI due. Concurrence Agency DMR response received 01/09/08. DNRW issued RFI 02/09/08.

2008-1086 Ellis (SFC)

McIntosh Creek Road, McIntosh Creek

Boundary Alteration AN sent 20/08/08. RFI due. Concurrence Agency EPA RFI sent 09/12/08.

2008-0866 Pradella Developments Pty Ltd (TMS)

146 Bayside Road, Cooloola Cove

Subdivision to Create 84 Additional Lots

RFI response received 24/02/09. Concurrence Agency DNRW advise RFI sent 30/09/08. EPA response received 29/10/08.

2008-1573 Kastrissios (SAC)

Meads Road, Tandur

Boundary Alteration AN sent 21/10/08. RFI due. Advice Agency EPA response received 05/11/08.

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Planning & Development Committee Meeting – 1 April 2009 - 76 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1073 JKM Projects Pty Ltd (KMT)*

43 Hamilton Road, Gympie

Subdivision to Create 28 Additional Lots

DMS. Report to P&D Committee Meeting

2008-1074 JKM Projects Pty Ltd (KMT)*

196 Old Maryborough Road & 43 Hamilton Road, Gympie

Boundary Alteration DMS on hold pending further advice and submission of amended plans.

2008-1154 I & L Lobegeier Super Fund (TMS)*

Groundwater Road, Southside

Subdivision to Create 51 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1238 Sutton (SAC)

2 Dowdle Road & 134 Rifle Range Road, Gympie

Boundary Alteration Reported to P&D Committee Meeting

2008-1222 Kirby HJ (KMF)

545 Tagigan Road Goomboorian

Subdivision to Create Four (4) Additional Lot.

Reported to P&D Committee Meeting.

2008-1304 Odell J (MKM)

114 North Deep Creek Road, North Deep Creek

Subdivision to Create One (1) Additional Lot.

RFI sent 13/01/09. Awaiting applicant’s response. Concurrence Agency NRW response received 03/02/09.

2008-1308 Sempowicz (KMT)

86 Stumm Road, Southside

Subdivision to Create Three (3) Additional Lots

AL sent 20/10/08. Amended proposal plan received 18/03/09. RFI due

2008-1312 Kahman W (MKM)

22 Roselea Ave Southside

Subdivision to Create Two(2) Additional Lots and Access Easement

DMS. DN due. Amended plans received 25/02/09. Refer to Item 3/1 in Today’s Agenda.

2008-1232 Allen-Co Holdings Pty Ltd (TMS)

Buckley Drive & Imbil Road, Glanmaire & Brisbane Road, Monkland

Boundary Alteration DMS. Report to P&D Committee Meeting.

2008-1348 Buchan (SFC)

James Dean Road & 391 Widgee Crossing Road, Widgee Crossing South

Boundary Realignment

DMS. DN due.

2008-1431 MacKenzie Land Developments P/L (KMT)

Forest Ridge Drive, Tamaree

Subdivision to Create 24 Additional Lots

DMS. Report to P&D Committee Meeting. Amened plans received 10/03/09.

2008-1098 Allen-Co Holdings Pty Ltd (KMT)*

2110 Gympie Woolooga Road, Widgee

Subdivision to 67 Lots in Two (2) Stages

Amended AN sent 23/01/09. RFI due. Concurrence Agency DMR.

2008-1575 Dunn (KMT)

163 Rammutt Road, Chatsworth

Subdivision to Create Eight (8) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1545 Mills (MKM)

Daniel Drive, Pie Creek

Subdivision to Create Two (2) Additional Lots & Access Easement

AN sent 17/10/08. RFI due. Advice Agency Energex response received 26/11/08.

Page 78: 2009-04-01 Planning & Development Committee …...2009/04/01  · Cr J. Watt entered the meeting at 9.07 a.m. Cr I.T. Petersen left the meeting at 9.10 a.m. and returned at 9.11 a.m.

Planning & Development Committee Meeting – 1 April 2009 - 77 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Amended AN sent 04/03/09. RFI due. Referral Agency DMR. Advice Agency Energex.

2008-1519 Los (MKM)

Chitticks Road, Greens Creek

Boundary Alteration AN sent 21/10/08. RFI sent 05/02/09. Awaiting applicant’s response. Concurrence Agency EPA response received 10/12/08.

2008-1640 D & K Holdings Qld Pty Ltd (KMT)

7 & 11 Heritage Lane, Southside

Subdivision to Create 26 Additional Lots

RFI sent 05/03/09. Awaiting applicant’s response.

2008-1620 Mackellar (SAC)

580 & 628 Traveston Road, Traveston

Boundary Alteration RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency Qld Transport. Advise Agency EPA.

2008-1656 Lehmann (SAC)

Lehmann Road, Tansey

Boundary Alteration AL sent 03/11/08. RFI due.

2008-1641 Alcock (MKM)

746 East Deep Creek Road, Cedar Pocket

Subdivision to Create Two (2) Additional Lots in Two (2) Stages & Access Easement

RFI sent 19/03/09. Awaiting applicant’s response.

2008-1755 Weier (SFC)

28 Lorikeet Drive, Tamaree

Subdivision to Create One (1) Additional Lot

RFI sent 05/03/09. Awaiting applicant’s response.

2008-1694 Pearce (KMT)

Gympie Connection Road, Victory Heights

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1775 Thorpe (KMT)

Craft Road, Veteran

Subdivision to Create One (1) Additional Lot & Access Easement

RFI sent 20/02/09. Awaiting applicant’s response.

2008-1718 Yaroomba Pty Ltd (MKM)

Hoopers Road, Curra

Subdivision to Create 14 Additional Lots

RFI sent 20/02/09. Awaiting applicant’s response.

2008-1770 Stevens (SFC)

170 Herron Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1829 Chain (MKM)

377 Power Road, Widgee

Subdivision to Create Seven (7) Additional Lots

AN sent 01/12/08. RFI due. Concurrence Agency DNRW response received 13/03/09.

2008-1822 Anderson (TMS)

416 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot & Boundary Alteration

AL sent 02/12/08. RFI due.

2008-1873 Scott (PKM)

440 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 18/02/09. Awaiting applicant’s response.

2008-1948 Eleventh Trail Pty Ltd (SAC)

Lillis Road, Gympie

Subdivision to Create One (1) Additional Lot

AL sent 19/12/08. RFI due.

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Planning & Development Committee Meeting – 1 April 2009 - 78 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1753 Lawson (MKM)

70 Laird Street & 3 Fulton Street, Goomeri

Boundary Alteration Amended AN sent 22/12/08. RFI due.

2008-1863 Pitt (KMT)

3-5 Heritage Lane, Southside

Subdivision to Create 24 Additional Lots in Two (2) Stages

DMS. Report to P&D Committee Meeting.

2008-1818 Pitstock (KMT)

157 Boonaravale Road, Goomeri

Boundary Realignment

AL sent 23/12/08. RFI due.

2008-1931 Mary Valley Heritage Railway Assn Inc (SFC)

Dagun Road, Dagun

Access Easement AN sent 23/12/08. RFI response received 12/03/09. Concurrency Agency Qld T’port.

2008-1928 Barlow (SFC)

Thomas Road, Curra

Subdivision to Create Two (2) Additional Lots & AE

AN sent 24/12/08. RFI due. Concurrence Agency DNRW.

2008-1999 Day (MKM)

751 Bruce Highway (North) Chatsworth

Subdivision to Create Two Lots from Two Existing Titles

AL sent 06/01/09. RFI due.

2009-0004 George (KMF)

20 Lynch Road, East Deep Creek

Subdivision to Create Four (4) Additional Lots

AN sent 23/01/09. RFI due. Concurrence Agency EPA rfi advise received 16/02/09.

2008-1938 Cruice (SAC)

3500 Manumbar Road, Manumbar & McAllister Road, Elgin Vale

Boundary Realignment

AN sent 04/02/09. RFI due. Concurrence Agency CLU EPA response received 06/03/09.

2009-0033 Thornbury Nominees Pty Ltd as Trustee (KMF)

12 Jubilee Street, Monkland

Subdivision to Create One (1) Additional Lot & Access Easement

AL sent 04/02/09. RFI due.

2009-0064 Bulger (KMF)

53 Boundary Drive, Widgee

Subdivision to Create Four (4) Additional Lots

AL sent 05/02/09. RFI due.

2009-0034 Thornbury Nominees Pty Ltd (MKM)

3A Williams Lane, Southside

Subdivision to Create Two (2) Lots in a Community Titles Scheme

AL sent 13/02/09. RFI due

2009-0070 Anderson (SFC)

Cedar Pocket Road, Cedar Pocket

Subdivision to Create One (1) Additional Lot

AL sent 13/02/09. RFI due.

2009-0079 Curtis (SAC)

79 Glenbar Road, The Palms

Subdivision to Create One (1) Additional Lot

AN sent 13/02/09. RFI due. Concurrence Agency DNRW RFI issued 16/03/09. Advice Agency EPA.

2009-0069 Cummins (SFC)

9 Woodbine Street, Gympie

Subdivision to Create One (1) Additional Lot

AN sent 13/02/09. RFI due. Concurrence Agency DMR.

2009-0129 Chapman (MKM)

44 Sherylea Drive, Veteran

Subdivision to Create One (1) Additional Lot

AL sent 19/02/09. RFI due.

2009-0414 Tompkins (SFC)

5 David Street, Gympie & 28 Gum Tree Road, Araluen

Boundary Realignment

AL sent 19/02/09. RFI due.

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Planning & Development Committee Meeting – 1 April 2009 - 79 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0143 Hooper (SAC)

15 Hillcrest Court, Imbil

Subdivision to Create Seven (7) Additional Lots

AN sent 20/02/09. RFI due. Concurrence Agency DMR response received 03/03/09.

2009-0146 Murphy (SFC)

1686 & 1670 Tin Can Bay Road, Goomboorian

Boundary Alteration AL sent 23/02/09. RFI due.

2009-0145 Welburn (SFC)

24 City View Drive, The Dawn

Subdivision to Create One (1) Additional Lot

AL sent 24/02/09. RFI due.

2009-0213 Eleventh Trail Pty Ltd (KMF)

Rifle Range Road & Spring Road, Gympie

Subdivision & Boundary Realignment to Create Four (4) New Lots from Three (3) Existing Lots

AL sent 04/03/09. RFI due.

2009-0196 Harwood Family Trust (MKM)

Miva Road, Munna Boundary Realignment

AL sent 03/03/09. RFI due

2009-0197 Prior (KMF)

7 Shanks Street, Gympie

Subdivision to Create One (1) Additional Lot

AN sent 03/03/09. RFI due. Concurrence Agency Qld T’port response received 20/03/09.

2009-0259 Burke (KMT)

590 Noosa Road, Mothar Mountain

Subdivision to Create Seven (7) Additional Lots

AN sent 18/03/09. RFI due. Concurrence Agency DNRW. Advice Agencies EPA, Powerlink.

2009-0250 Cassidy (SFC)

21 Highfield Drive, Chatsworth

Subdivision to Create One (1) Additional Lot

AN sent 18/03/09. RFI due. Advice Agencies EPA & Powerlink.

2009-0272 Ten-Dyke (KMF)

219 Webb Road, Blacksnake

Subdivision to Create One (1) Additional Lot

AN sent 19/03/09. RFI due. Concurrence Agency DMRW.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (SFC)

391 Bruce Highway North, Two Mile

Earthworks RFI period extended to 20/04/09. Awaiting applicant’s response.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

COMBINED Op Works – Site Works, Driveway Access, Carparking & Landscaping

RFI sent 10/08/06. Part information received. Still awaiting extra information. Hydraulics received.

DA15807 Sawrey (TMS)

128 Emperor Street, Tin Can Bay

COMBINED Building Work (Class 2-9) & Boundary Relaxation, Plumbing (7 fixtures) & Operational Works

Further RFI sent 28/05/07 re building over sewer.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

DA16231 Jensen (TMS)

Hall Road, Glanmire

Siteworks Filling & Drainage Works for Industrial Subdivision

RFI due. Letter sent 27/07/07 – awaiting amended plans.

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Planning & Development Committee Meeting – 1 April 2009 - 80 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA16810 Qantec McWilliam (KMT)

98 Woondum Road, Kybong

Earthworks DMS. DN due.

DA17618 Webster (TMS)

38-40 Stephens Street, Kandanga

Roadworks, Kerb & Channel & Associated Drainage

RFI sent 27/03/08. Awaiting applicant’s response.

DA17931 Garum Pty Ltd (MKM)

48 Corella Rd, Gympie

Siteworks, Roadworks & Associated Drainage, Driveway & Carparking

DMS. DN due.

DA18232 Howard (KMT)

Rifle Range Rd, Gympie,

Civil Works for Residential Subdivision (Stage 3)

DMS. DN due.

OW102/07 Richardson (SAC)

484 Curra Estate Rd Curra

Excavation – Water Storage Dam

AN sent 18/07/07. Objection received. Letter sent to applicants 22/08/07. Awaiting further advice.

2008-0190 Keeldale Pty Ltd (TMS)

Eel Creek Rd, Pie Creek

Roadworks & Associated Civil Works for Rural Residential Subdivision (Stages 2 and 3)

DMS. DN due. Request for clarification sent 07/11/08.

2008-0199 Raw Ochre (TMS)

18 Park Tce & Queens Park Dve Gympie

Earthworks, Roadworks, Stormwater & Sewerage Reticulation & Landscaping for Warehouse & Shop (Steel Distribution)

DMS. DN due.

2008-0403 Kunst (TMS)

83 Panorama Dr, Long Flat

Roadworks & Associated Drainage

RFI sent 04/07/08. Awaiting applicant’s response.

2008-0524 Maudsley (SAC)

30 Lawrence Street, Gympie

Civil Works for Approved Commercial Premises (Medical Consulting Rooms)

DMS. DN due.

2008-0636 Zauner (MKM)

62 Channon St, Gympie

Landscaping Drainage Works Stormwater & Earthworks for Approved Commercial Premises

RFI sent 03/10/08. Awaiting applicant’s response.

2008-0639 Tyrenwhit Pty Ltd (KMT)*

20 Barter Street, Gympie

Bulk Earthworks (Fill)

AL sent 04/07/08. RFI due.

2008-0273 Gympie Residential Golf Pty Ltd (SAC)

25 Corella Road, Gympie

Civil Works for Stages 3 & 4 of Approved Multi-Residential Development

DMS. DN due. Stage 3 DN issued 26/11/08. Awaiting Stage 4 information.

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Planning & Development Committee Meeting – 1 April 2009 - 81 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0999 Sheehy & Partners (TMS)

Achilles Avenue, Cooloola Cove

Roadwork, Earthwork, Stormwater Drainage – Sewerage & Water Reticulation

Request for further information issued 23/03/09. Awaiting applicant’s response.

2008-1111 BJ & S Paterson Pty Ltd (TMS)

12 Eucalyptus Avenue, Southside

Roadworks, Stormwater, Earthworks, Drainage Works, Water & Sewerage Infrastructure

RFI sent 17/12/08. Awaiting applicant’s response.

2008-1047 Opus Qantec McWilliam (KMT)

Brisbane Road & Buckley Drive, Glanmire 7 Old Imbil Road, Monkland

Bulk Earthworks Extra information requested 20/02/09. Awaiting applicant’s response.

2008-1314 Cignoli L (MKM)

8 Larkin Road Pie Creek

Access Driveway DMS. DN due.

2008-1435 Rainbow Shores Pty Ltd (TMS)

Wyvern Road, Rainbow Beach

Clearing, Earthworks & Roadworks

Letter requesting further requirements sent 27/02/09. Awaiting applicant’s response.

2008-1430 Cozen Regan Williams Prove Pty Ltd (TMS)

Cootharaba Road, Gympie

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure, Earthworks, Electrical Supply/Street Lighting and Landscaping for Approved Residential Subdivision

RFI sent 04/02/09. Awaiting applicant’s response.

2008-1484 Garrick & Harrison Family Trusts (SAC)

7-9 Monkland Street, Gympie

Roadworks, Stormwater, Water Infrastructure, Landscaping Drainage Works & Signage

DMS. DN due.

2008-1507 Opus Qantec McWilliam (MKM)

Country View Drive, Chatsworth

Roadworks including modification to existing cul-de-sac and access; building pads & retaining walls & filling of existing dams

RFI sent 19/12/08. Awaiting applicant’s response.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

RFI sent 06/11/08. Awaiting applicant’s response.

2008-1682 Lohage (KMT)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

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Planning & Development Committee Meeting – 1 April 2009 - 82 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1891 Snowden (TMS)

Ian Drive, Curra Roadworks for Approved Subdivision

RFI sent 11/03/09. Awaiting applicant’s response.

2008-1861 Akers (MKM)

40 Bath Terrace, Gympie

Roadworks, Driveway & Retaining Walls

Extra information required 27/02/09. Awaiting applicant’s response.

2008-1918 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Carparking & Access for Approved Shopping Centre

AL sent 16/12/08. RFI due.

2008-1916 Boyds Bay Landscaping & Environment (TMS)

1-5 Woolgar Road, Southside

Landscaping for Approved Shopping Centre

AL sent 16/12/08. RFI due.

2008-1896 Dennis Jurss Family Trust & Jensen Family Trust (TMS)

Eldorado Road, Monkland

Stormwater, Drainage Works, Landscaping, Carparking and Access Driveway for Approved General Industry

RFI sent 16/03/09. Awaiting applicant’s response.

2008-1914 Roman Catholic Archdiocese of Brisbane (SAC)

Manooka Drive. Rainbow Beach

Civil Work for Approved Community Services (Church)

AL sent 19/12/08. RFI due.

2008-1943 IG & LJ Lobegeier (KMT)

17 Smerdon Road, Southside

Earthworks AL sent 22/12/08. RFI due.

2008-1831 Gympie South Developments Pty Ltd (KMT)

Eagle Hawk Drive and 85 & 93 Groundwater Road, Southside

Site Works, Roadworks, Kerb and Channel and Associated Drainage, Stormwater Drainage, Water and Sewer Mains and Landscaping for Approved residential Subdivision Stages 3 and 4)

RFI sent 05/03/09. Awaiting applicant’s response.

2009-0128 Hudson (MKM)

De Castella Road, The Palms

Roadworks AL sent 26/02/09. RFI due.

2009-0186 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Stormwater & Sewerage Infrastructure

AL sent 26/02/09. RFI due

2009-0255 Opus Qantec McWilliam (TMS)

93 Cedar Pocket Road, Greens Creek

Roadworks for Approved Subdivision

AL sent 16/03/09. RFI due.

2009-0251 Opus Qantec McWilliam (KMT)

63 & 65 Sorensen Road, Southside

Sewer Main Construction & Inter-Allotment Drainage

AL sent 18/03/09. RFI due.

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Planning & Development Committee Meeting – 1 April 2009 - 83 -

Gympie Regional Council

File Number & Applicant Location Nature of Application Status

OPERATIONAL WORK – ADVERTISING DEVICES DA15079 Brown (MKM)

8 Jeremy Road, Widgee Crossing South

Advertising Device – Freestanding Non-moving Sign) and Building Work (Class 10 Sign)

RFI sent 05/02/07. Applicant’s part response received 10/05/07. Advised applicant new site plan required – awaiting.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME DA17709 Inall (MKM)

11 Smyth St, Gympie

(Removal of Dwelling House within the Heritage and Character Overlay)

RFI sent 04/02/08. Awaiting applicant’s response. Heritage Sub-committee advise no concerns.

2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due.

P11/04/09 Moved: D.R. Neilson Seconded: Cr A.J. Perrett

Recommend that the information be noted.

Carried.

Cr G.L. Engeman declared a Conflict of interest in the next item due to perceived business interests and abstained from voting.

4/2 Development Applications Approved

File: DA14485 Applicant: Christine Hamilton & Thomas Hamilton Site Address: 132 Riversdale Road, Kandanga The proposal is for Material Change of Use – Extractive Industry & Environmentally Relevant Activity – (ERA #20 Extracting Rock or Other Materials & ERA #22 – Screening of Materials) over Lot 1 RP100526. The Negotiated Decision Notice was approved on 20 March 2009 and issued on 20 March 2009 subject to conditions from the Assessment Manager.

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Gympie Regional Council

File: 2008-0336 Applicant: Niduts Investment Trust Site Address: 209 Tamaree Road, Tamaree The proposal is for Operational Works - Reconfiguring a Lot – Access Easement over Lot 4 SP208691. The Decision Notice was approved on 24 March 2009 and issued on 24 March 2009 subject to conditions from the Assessment Manager.

File: 2008-1442 Applicant: Opus Qantec McWilliam Site Address: 9 Heather Street, Southside The proposal is for Operational Work – Access Driveway and Stormwater for Approved Subdivision over Lot 32 MPH40299. The Decision Notice was approved on 23 March 2009 and issued on 23 March 2009 subject to conditions from the Assessment Manager. File: 2008-0475 Applicant: Kelvin John & James Kendall Cochrane Site Address: 38 Claffey Road, The Dawn The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots over Lot 2 RP176572. The Decision Notice was approved on 24 March 2009 and issued on 24 March 2009 subject to conditions from the Assessment Manager. File: 2008-0681 Applicant: Gympie Regional Council Site Address: 17 Dart Street, Tin Can Bay The proposal is for Operational Work – Stormwater, Water & Sewerage Infrastructure, Earthworks, Drainage Works & Landscaping over Lot 1 RP164038. The Decision Notice was approved on 24 March 2009 and issued on 24 March 2009 subject to conditions from the Assessment Manager.

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Planning & Development Committee Meeting – 1 April 2009 - 85 -

Gympie Regional Council

File: 2009-0143 Applicant: Brian Hooper Site Address: 15 Hillcrest Court, Imbil The proposal is for Reconfiguring a Lot – Subdivision to Create Seven (7) Additional Lots over Lot 4 RP817480. The Decision Notice was approved on 25 March 2009 and issued on 25 March 2009 subject to conditions from the Assessment Manager.

File: R179/07 Applicant: G & S Corneliusen Site Address: Hoopers Road, Curra The proposal is for Reconfiguring a Lot – Boundary Realignment and Subdivision to Create Eight (8) Additional Lots in Three (3) Stages over Lots 1 RP846190 & Lot 84 on SP206119. The Decision Notice was approved on 20 March 2009 and issued on 20 March 2009 subject to conditions from the Assessment Manager. File: R200/07 Applicant: Peter Stafford Site Address: 189 Lynne Drive, Curra The proposal is for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 23 on RP807766. The Decision Notice was approved on 25 March 2009 and issued on 25 March 2009 subject to conditions from the Assessment Manager.

P12/04/09 Moved: Cr J. Watt Seconded: Cr D.R. Neilson

Recommend that the information be noted. Carried.

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Gympie Regional Council

SECTION 5: GENERAL MATTERS 5/1 2009-0135 - Request for Council to Review Application Fees for Material

Change of Use – Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 2 (b) – Extracting Rock or Other Material 5 000t to 100 000t in a year and ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year) over Lot 44 MCH237, Lot 39 RP42804 & Lot 1 RP225035 – Curra Estate Road, Curra

File: Minute: P13/04/09 2009-0135 Re: Request for Council to Review Application Fees for Material Change

of Use – Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 2 (b) – Extracting Rock or Other Material 5 000t to 100 000t in a year and ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year) over Lot 44 MCH237, Lot 39 RP42804 & Lot 1 RP225035 – Curra Estate Road, Curra

From: C & J Hose Date: 4 February 2009

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Gympie Regional Council

Report: (Principal Planner – K.M. Toomey) 1.0 Introduction A development application for Material Change of Use Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 2 (b) – Extracting Rock or Other Material 5 000t to 100 000t in a year and ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year) was submitted on 4 February 2009 with the application fee of $7 556. 2.0 Applicant’s Request A letter received with the application is reproduced below. “We refer to our application recently lodged with council. We request that council review fees paid by us with relation to this matter because of the site being only .6 of a hectare above the regulated extraction site. We ask leniency of council for a reduction of payment of fees paid by us and request council look in our favour of this reduction.” 3.0 Assessment The application fees for an ‘Extractive Industry’ in the former Tiaro Shire Local Government Area are as follows: • Not exceeding 2 ha of Extractive Area or 10 000m3 per year $3 777.00 • Exceeding 2 ha of Extractive Area or 10 000m3 per year $7 556.00 The applicant proposes a total extraction area of 2.66 hectares, which is 0.66 hectares above the lower fee threshold for an application of this nature. The calculation for the proposed extraction area provided does not include access tracks, nor proposed processing or stockpiling areas.

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Gympie Regional Council

The proposal plan is reproduced below.

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Gympie Regional Council

In considering any reduction of the calculated application fee the following comments are relevant: (i) the development proposed is a commercial enterprise to be run at a profit; (ii) the land use approval being sought has a proposed capacity of up to 100

000t per year; (iii) the development site is affected by remnant vegetation and is

approximately 40 metres from the Mary River, which is identified as a major watercourse;

(iv) the application requires referral to Department of Natural Resources and

Water and consideration of their advice in the assessment; (v) the application requires referral to Department of Main Roads and

consideration of their advice in the assessment; (vi) the application requires referral to Environmental Protection Agency and

consideration of their advice in the assessment; (vii) other issues such as impacts on amenity, nominated haulage routes, site

based environmental management and site rehabilitation will also trigger a need to submit detailed expert reports and therefore staff review of this information will be required;

(viii) the development will be subject to impact assessment and therefore open

to public comment and potential third party appeal. A recent review of the fee structure for an ‘Extractive Industry’, for the 2009/2010 financial year, has resulted in a staff recommendation that a base fee exist for extraction areas not exceeding 2 hectares and an apportionment per hectare, or part thereof, exceeding this threshold be applied, capped at a maximum fee for 10 hectares and over. The current base fee for extraction areas not exceeding 2 hectares is $3 777.00 and the capped maximum fee is $7 556.00 for extraction areas exceeding 2 hectares. Applying the aforementioned rationale an incremental per hectare (or part thereof) rate would equate to $473.00 in addition to the base fee of $3 777.00. Therefore a fee of $4 250.00 is considered to be appropriate for this application. Given that the fee paid upon lodgement of the Application was the maximum fee of $7 556.00, an amount of $3 306.00 should be refunded to the Applicant.

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Gympie Regional Council

P13/04/09 Moved: Cr D.R. Neilson Seconded: Cr G.L. Engeman

Recommend that Council accept an Application Fee of $4 250.00 for Material Change of Use – Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 2 (b) – Extracting Rock or Other Material 5 000t to 100 000t in a year and ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year) over Lot 44 MCH237, Lot 39 RP42804 & Lot 1 RP225035 – Curra Estate Road, Curra and $3 306.00 be refunded to the applicant.

Carried. SECTION 6: MATTERS FOR COUNCIL’S INFORMATION Nil LATE ITEMS Late Item 1 RADF Program Funding for 2009/2010 Budget

Re: Minute: P14/04/09 RADF Program Funding for 2009/2010 Budget From: Chairman - Gympie Regional Council Regional Arts Development

Fund – Cr J. Watt File: 5/3/05/0010 Date: 26 March 2009

Report: (Cr J. Watt)

As Chairman of the Gympie Regional Council’s Regional Arts Development Fund, I submit this annual request to Council for a commitment of funding for the 2009/2010 Gympie RADF program for the amount of $20,000. The GRC RADF program now has a larger region to cover and it is encouraging to be receiving many applications to the funding rounds from new areas. In light of the economic situation that is faced both regionally and nationally, the RADF committee will not be increasing the program funding request to council this year even though the region has been increased. The committee will be in a position to better assess the level of support required by all the new Gympie Regional Council area residents during this financial year and will report to GRC during 2009/2010 and prior to the next budget considerations.

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Gympie Regional Council

Funding Council has contributed $20,000 to the Regional Arts Development Funding program each financial year for the 2006/07 07/08 and 08/09. This contribution allows the RADF program to bid for funding from the State Government through Arts Queensland. The funding ratio allocated to this Council by the State Government is population-based and equates to $1.50 for every $1.00 that council contributes. Therefore if Council agrees to continue with the same level of support, the RADF program is entitled to bid for and has the potential to attain $30,000 for the Gympie Region.

Cooloola Shire Council $20,000 Arts Queensland $30,000* Total $50,000* * Subject to Arts Queensland

Bidding The success of Gympie Regional Councils bid to Arts Queensland will be rigorously assessed against specific criteria including • sound planning • community support, • innovation and diversity of activities • activities funding in accordance with RADF Principles and eligibility

criteria • cultural plans and policies that at less than five years old.

Councils were not required to bid in the 08/09 year due to amalgamations and AQ based funding on the grants activity during the past year in each of the amalgamated shires making up the new councils. In the case of GRC where Kilkivan was not involved in RADF and Tairo Div 3 did not impact on the outcome, GRC had no option but to remain on a par with Cooloola Shire’s level of activity.

The committee and Liaison Officer have worked throughout the year towards being in the best position to place a successful bid on behalf of Gympie Regional Council

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Timelines

This request is placed to Council at this particular time in order to conform with the Queensland State Government, Arts Queensland requirements:

• April 7th – close of bids to Arts Queensland • April 7th – submit Annual Report to Arts Queensland • May/June – Notification from Arts Queensland of budget approved • July – Arts Queensland cheques forwarded to Council • July – Contract signed by Council and returned to AQ

A little about RADF.

RADF provides regional Queenslanders with funding for one-off, short-term projects that offer professional arts, cultural and heritage development. RADF is a partnership between state and local government. It is managed by and for the community. The RADF program realises the state government priority of ensuring a better quality of life for all Queenslanders by building Queensland’s regions through the creation of employment opportunities and by fostering a range of skills relating to cultural industries. The program strengthens community bonds by interpreting, preserving and celebrating the diversity within each community.

In closing, this request for Council to consider the RADF allocation for 2009/2010 I would like to say that Cooloola’s cultural awareness continues to flourish. The successful partnership between Council through the Art Gallery, Library and local cultural organisations and artisans has promoted an awareness of RADF to the wider community of Gympie Regional Council

P14/04/09 Moved: Cr J. Watt Seconded: Cr G.L. Engeman

Recommend that Council approves RADF funding of $20,000 for the 2009/2010 financial year. Further, that Council note that the Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried.

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Late Item 2 DA15904 – Material Change of Use – General Industry (Wrecking and Scrap

Yard) and Environmentally Relevant Activity (ERA # 27 – Metal Recovery) – 54 Flood Road, East Deep Creek – J. Towler

FILE: Minute: P15/04/09 DA15904 APPLICANT: J. Towler LANDOWNER: Greenco Developments Pty Ltd RPD: Lot 80 CP882519 SITE: 54 Flood Road, East Deep Creek PROPOSAL: Material Change of Use – General

Industry (Wrecking and Scrap Yard) and Environmentally Relevant Activity (ERA # 27 – Metal Recovery)

EXISTING ZONE: Rural PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Impact Assessable SITE AREA: 2.049Ha

KEY POINT SUMMARY • Application for a wrecking and scrap yard on Flood Road, Gympie; • Proposed to re-site existing operation in Ranson Road, Gympie; • Previous approval issued over 24 Flood Road, for extension to existing wrecking yard; • Impact assessable and no submissions received; • Development site affected by proposed highway bypass and owner in current

negotiations with Department of Main Roads for purchase; • Upgrading of Flood Road recommended to 7 metre wide sealed standard; • Recommended for approval.

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Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION 1.1 The Proposal This application is for a Material Change of Use to establish General Industry on land zoned Rural. It is proposed to re-site an existing operating wrecking yard operating on Ranson Road, Gympie.

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1.2 Site Description The subject site is located at 54 Flood Road, East Deep Creek, approximately 3.7 kilometres south-east of the Gympie central business area.

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It is 2.049Ha in area, bounded by the north coast railway line on the west and 520 metres south of Flood Road’s intersection with East Deep Creek Road. The lot contains vegetation, none of which mapped as being remnant in the Vegetation Management Act.

1.3 Surrounding Land Uses

The immediate vicinity of the development site is dominated by Nolan’s Meatworks on East Deep Creek Road 300 metres to the north. Other sites are mostly rural in nature but other industrial type uses exist on Flood Road to the south, including Eldorado wastewater treatment dams and plastic manufacturing. An application for a wrecking yard on 24 Flood Road was approved by Council in 2008. 1.4 Site History This site has no previous approvals registered under Council records. 2.0 STATUTORY REQUIREMENTS 2.1 Planning Scheme The application was lodged on 30 June 2007 under the 2005 planning scheme. Under the scheme the site is zoned Rural and the proposed use defined as General Industry (Wrecking and Scrap Yard). 2.2 Compliance with the Planning Scheme The application is subject to impact assessment and therefore the entire planning scheme is applicable. The following codes are considered most relevant. Gympie Planning Area Code The proposed General Industry (Extension to Existing Scrap Metal Yard) is not an inconsistent use in the Rural zone. No specific outcomes of the Code are considered compromised by the proposal. The proposed buildings are 8 metres high and comply with the maximum height provisions.

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Erosion and Sediment Control Code No major impacts in relation to erosion and sediment control are envisaged by the development. Stormwater run-off from the storage areas should be monitored given its discharge into the on-site dam and potential overflow into downstream properties. A condition is included in the recommendation requiring the applicant to submit a stormwater drainage plan for the site including measures to be implemented to ensure no discharging of contaminants. Infrastructure Works Code No external works are considered necessary to facilitate the development. Site access and internal works (ie car parking and driveway areas) should be constructed in accordance with an approved plan. The site is not serviced by reticulated water or sewerage which must be provided on-site. Vehicle Parking and Access Code The application proposes a standard commercial cross-over entrance to the property from the lower southern end on the Flood Road frontage. A 6 metre sealed access ramp in the property is also proposed to service both levels. Customer car parking is proposed in the upper level with employee parking on the lower level. Adequate area exists on-site to accommodate the car parking required for the development. Customer access and parking is recommended to be constructed to a sealed standard. Gravel is considered an appropriate standard for the other driveways and staff parking areas but they should be formalised and kept clear at all times. Landscaping Code The application proposes approximately 35% of the land to be retained for landscaping purposes. Such landscaping work can be conditioned and assessed through the compliance stage.

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2.3 Local and/or State Planning Policies Only two (2) small sections of the site are indicated to be Class A and B agricultural land on the Good Quality Agricultural Land Overlay of the planning scheme. The proposal is not considered to compromise the intent of State Planning Policy 1/92 in relation to preservation of good quality agricultural land given: - the allocated GQAL is proposed to be retained as landscaping; - the size of the site; and - limited permanent buildings are proposed. 3.0 PLANNING CONSIDERATIONS 3.1 Impact on Amenity The development proposed is considered acceptable given other industrial uses in the vicinity and no adverse submissions were received against the proposal. 3.2 Site Access and Traffic The applicant estimates the following traffic generation for the development: - 15-35 customers per day. No estimate of heavy vehicle traffic has been included. Based on the additional loading, the engineering report below recommends road upgrading of Flood Road be undertaken. 3.3 Noise A noise report accompanied the application and indicates the acceptable background criteria is exceeded at the exposed most façade for at least one noise sensitive location for the following noise generating activities: - vehicle crushing; - scrap metal truck loading; and - vehicle cutting. Noise mitigation in the form of a noise barrier and restricted locations for equipment use are recommended.

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The noise barrier is required on the southern edge of the proposed crushing area with a minimum top edge RL of 93m. The barrier must be designed to extend long enough that it intercepts any line of sight between Lots 671 and 644 and the area where vehicle crushing and scrap metal truck loading are to occur.

Lots 671 and 644 in relation to the development site. Such conditions are included in the recommendation, and need to refer to the plan below indicating the location of the noise barrier.

Development Site

Lots 671 and 644

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3.4 Effluent Disposal The site is not serviced by reticulated sewerage and will be subject to the installation of an approved disposal system through a plumbing application. 3.5 Staff Amenities Workplace Health and Safety legislation may require the provision of staff amenities such as a toilet and lunchroom. Depending on the type of structures proposed building and/or plumbing approval may be required for these. Given the employees proposed, water provided on-site should be of a potable standard and therefore treated in accordance with National Guidelines. 4.0 PUBLIC NOTIFICATION The application was publicly notified in accordance with the Integrated Planning Act and as a result no submissions were received. 5.0 CONSULTATION 5.1 Internal (a) Engineering Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the report submitted by John Towler to develop Lot 80 on CP882519, 54 Flood Road, East Deep Creek into a General Industry (wrecking and scrap yard). TRAFFIC As the proposed development is on land identified as the proposed corridor for the future Bruce Highway, the application was referred to the Department of Main Roads for comment. The Department responded requesting Council to delay the assessment until the results of the purchase negotiations with the owner is known.

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LEAD-IN ROAD / FRONTAGE ROAD Flood Road, leading to the proposed development, is constructed to a 7 metre wide bitumen standard from East Deep Creek Road for 280 metres with the remainder of the lead-in road and the frontage road, some 360 metres, being constructed to a 3.6 metre wide bitumen standard. The consultant stated in his report, the development has the potential to generate 35 customers per day. To cater for this additional traffic, the 360 metre section of the lead-in and frontage road should be widened to 7.0 metres with tapers to the existing seal. Council should require this work to be carried out in lieu of a road upgrading contribution as applied to DA10441 (Appianway) and DA10203 (Jones) on Flood Road and East Deep Creek Road respectively. ACCESS / PARKING Council should require the access, main internal driveway to both levels and driveways and parking areas to be sealed. The car body storage and dismantling area on the lower level could be dust reduced gravel. EFFLUENT DISPOSAL This site is outside the sewerage reticulated area and as such all effluent will be required to be treated onsite to meet the requirements of the Queensland Plumbing and Wastewater Code. WATER SUPPLY As the development is not in the reticulated water area, the applicant will be required to provide a water supply to meet the requirements for potable water and of sufficient capacity to meet fire requirements as per the Building Code of Australia. OTHER SERVICES All power and telecommunication services will be required to be provided at the applicants expense. (b) Health Department Council’s Health Department considerations have been incorporated into the recommendations. However, since lodgement of the application, the Environmental Protection Regulation has been amended and ERA #27 which has been applied for is no ERA #20. The recommendation incorporates approval for ERA #20 in this regard.

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5.2 External (a) Department of Main Roads The Department of Main Roads were not a formal referral agency for the application, however given the proposed highway by-pass dissects the development site Council referred the application to this agency for third party advice. The Department response requested Council delay assessment of the application given negotiations between the owner and the Department to purchase the property on grounds of hardship. Given their role was to provide third party advice only, they had no formal jurisdiction under the Integrated Planning Act to delay the assessment of the application and at the applicant’s request the application has continued to be assessed. 6.0 CONCLUSION This proposal is for General Industry located in the Rural Zone. This is a consistent use within this zone, and is Impact Assessable development under the provisions of Council’s Planning Scheme. Subject to appropriate conditions to protect noise amenity in the area, the application is supported.

P15/04/09 Moved: Cr A.J. Perrett Seconded: Cr J. Watt Recommend that Council, as Assessment Manager, APPROVE development application (DA15904) for Material Change of Use – General Industry (Wrecking and Scrap Yard) and Environmentally Relevant Activity (ERA #20 –Metal Recover) over Lot 80 SP882519 located at 54 Flood Road, East Deep Creek subject to the following conditions: Assessment Manager’s Conditions SECTION 1.0 – Conditions to be Satisfied Prior to the Commencement of

the Approved Use 1.1 The development herein approved may not start until: (i) the following development permits have been issued and

complied with as required - (a) Development Permit for Building Work; (b) Development Permit for Operational Work (Roadworks,

Carparking and Access Areas); and

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(ii) development authorised by the above permit has been completed to the satisfaction of Council’s Chief Executive Officer.

1.2 Provide potable water in accordance with the Food Safety Standards

in compliance with standards prescribed by the National Health and Medical Research Council’s Australian Drinking Water Guidelines by:

(a) the installation of an approved automatic water treatment and disinfection system, or

(b) the use of a water treatment system relying on manually dosed chlorination.

Where water is not provided via Council’s reticulated supply, Council requires testing to gauge compliance with the guidelines. Where manual dosing of chlorine is used, the testing will be performed at the owner’s expense (as per Council’s fees and charges).

Roadworks 1.3 The existing road is to be upgraded to a standard compatible with the

proposed development. Council requires the following works to be carried out on Flood Road:

(a) road widening is to be undertaken to result in a 7 metre wide sealed construction from the end of the existing 7 metre formation to the southern boundary of Lot 80 CP882519 with tapers to the existing sealed surface.

Car Parking and Access 1.4 Access to the proposed development is to be sealed and constructed in

accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-10.

1.5 Customer car parking and access areas shall be constructed to a

sealed standard and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code. Other car parking and access areas shall be dust-reduced pavement.

1.6 A minimum of 22 on-site car parks are to be provided for the

development. 1.7 A plan of the proposed access and driveway for the development,

demonstrating compliance with conditions 1.4 – 1.6 is to be submitted and approved by Council prior to commencement of the work.

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Visual Amenity 1.8 Landscaping is to be provided as indicated on the approved plan and

incorporating the retention of existing mature vegetation on-site. 1.9 (i) A properly prepared Landscape Plan demonstrating

compliance with condition 1.8 and in accordance with Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.

(iii) The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

Stormwater 1.10 A stormwater drainage plan is to be submitted and approved by

Council outlining proposed means of managing stormwater through and from the site and detailing measures to be undertaken to ensure no worsening of the overall quality of the stormwater occurs as a result of the use.

1.11 (i) Provide Council with written permission from the relevant

adjoining landowner/s where concentrated stormwater is discharged onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

Noise 1.12 Vehicle cutting is to be limited to only occur within either of the two

Vehicle Stripping and Parts Clean-up sheds. 1.13 Vehicle crushing and scrap metal truck loading are only to occur

within the proposed vehicle crushing area identified in Figure 3.1 of the Noise Impact Assessment prepared by Ask Consulting Engineers and submitted with the application.

1.14 A noise barrier is to be installed on the southern edge of the proposed

vehicle crushing area that has a minimum top edge RL of 93m as shown on Figure 3.1 of the Noise Impact Assessment prepared by Ask Consulting Engineers and submitted with the application. The noise barrier is to be designed to extend long enough that it intercepts any line of sight between adjoining Lots 671 and 644 MCH5513 and the area where vehicle crushing and scrap metal truck loading is to occur.

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SECTION 2.0 – Conditions Relevant to Environmentally Relevant Activity (ERA #20 – Metal Recovery)

2.1 Permitted hours of operation are as follows: Monday to Friday 0700 hours to 1800 hours Saturday 0700 hours to 1200 hours 2.2 The manager/operator/owner of the business is required to apply to

Council’s Chief Executive Officer for a Registration Certificate prior to carrying out the Environmentally Relevant Activity.

2.3 All vehicles, machinery and/or equipment shall be maintained,

installed and/or housed so as to prevent the emission of unreasonable noise.

2.4 The operation of the environmentally relevant activity must not

release odour or visible contaminants including dust, smoke, fumes and aerosols to the environment that will, or may cause an environmental nuisance.

2.5 No incineration or open burning is to be carried out on the site

without the prior written approval of Council’s Chief Executive Officer.

2.6 The dismantling of motor vehicles is to be carried out without

emission of ozone depleting substances. All refrigerant gases are to be recovered prior to dismantling of air conditioning units.

2.7 All solvents are to be stored in secure containers to prevent the

release of volatile organic compounds. Solvent containers are to be stored in a bunded area, or other manner approved by Council’s Chief Executive Officer, to contain spillage and leaks.

2.8 Wastewater and other liquid wastes are not to be released to

stormwater drainage systems, stormwater, and groundwater or discharged to waterways.

2.9 The washing/degreasing of vehicles and workshop floors is not

permitted on site, as there is no approved wastewater treatment facility on site.

2.10 Where waste is a contaminant, it must not be released to the

environment, which will or may cause environmental harm or nuisance.

2.11 Any lighting on the site is to be angled or shaded in a manner so that

light does not directly illuminate any nearby sensitive premises (eg private residence) causing environmental nuisance.

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2.12 All persons engaged in the conduct of the activity are to be trained in

the practices and procedures relating to the prevention of environmental harm or environmental nuisance during normal operations and emergencies.

SECTION 3.0 – General Conditions of Approval 3.1 The development shall be generally in accordance with the plan/s

submitted with the application (Project No. J5531 Drawing 1 Issue A dated 14 August 2007 and Drawing 3 Issue A dated 14 August 2007).

3.2 Loading/unloading operations shall be conducted within the site and

vehicles waiting to be loaded/unloaded shall stand entirely within the site.

3.3 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

3.4 Stormwater is to be disposed of on site so as to cause no scour or

damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

3.5 The approval does not extend to the following uses and any intention

to commence such will require further approval for material change of use: • storing of tyres; • servicing of vehicles; • burning of wastes; • recycling of brake drums; • storage of flammable or combustible substances; • storage of batteries; • storage of hazardous goods or materials; and • storage of used oils or the like.

Notes (i) Under the Integrated Planning Act, this development approval lapses at

the end of the currency period for the approval which is either: (a) the four years starting the day the approval takes effect; or (b) if the approval states or implies a time for the approval to lapse – the

period from the day the approval takes effect until the stated or implied time.

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This approval will lapse unless substantially started within the above stated currency periods (refer to sections 3.5.19 and 3.5.20 of IPA for further details).

(ii) This development approval takes effect either:

(a) from the time the decision notice is given; or (b) subject to the decision of the court, when the appeal is finally

decided – if an appeal is made to the court.

(iii) Under Section 3.5.28 of the Integrated Planning Act, this development approval attaches to the land, the subject of the application, and binds the owner, the owner’s successors in title and any occupier of the land.

Further, that Council note that the Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried.

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Cr G.L. Engeman declared a Conflict of interest in the next item due to his involvement with the school and abstained from voting.

Late Item 3 2008-0399 – Material Change of Use – Education or Health Premises

(Additions to Existing Education Premises) – 173-175 Old Maryborough Road, Araluen – Victory College FILE NO: Minute: P16/04/09 2008-0399 APPLICANT: Victory College LANDOWNER: Christian Outreach Centre RPD: Lot 2 on SP138774 SITE ADDRESS: 173-175 Old Maryborough Road,

Araluen CURRENT USE OF LAND: School & Child Care Centre PROPOSAL: Material Change of Use – Education

or Health Premises (Alterations and Additions to Existing Education Premises)

PLANNING SCHEME: Cooloola Planning Scheme EXISTING ZONE: Community OVERLAYS/NATURAL HAZARDS: Natural Waterways and Wetland

Areas Classes A & B Good Quality

Agricultural Land Bushfire Hazard Area (Very Low, Low, Moderate and High)

Erosion Hazard PUBLIC NOTIFICATION: N/A REFERRAL AGENCIES: Queensland Transport Department of Main Roads SITE AREA: 10.12 Ha

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KEY POINT SUMMARY

• Application for an extension to an existing school; • Extension includes 12 new classrooms, multi-purpose centre, renovations

to science block to convert home economics classroom to storage and teaching annex and carparking;

• Application complies with relevant codes of the planning scheme; • Contributions recommended towards road and water and sewerage

headworks; • Application referred to Queensland Transport and Department of Main

Road; and • Main Roads response not yet received, however approval of the

development recommended to be delegated to the Director of Planning and Development following this agency’s response due to time constraints with government funding.

Report: (Craven Ovenden Town Planning and Manager Development and

Compliance – T.M. Stenholm) 1.0 Introduction This application seeks Council’s approval for a Material Change of Use for the purpose of an Educational or Health Premises (Additions to an existing school) at 175 Old Maryborough Road, Araluen, formally described as Lot 2 on SP138774, Victory College. 1.1 Site Description

• The site is located at 175 Old Maryborough Road, Araluen, and is accessed via four separate driveways from Old Maryborough Road.

• The site includes 1 lot improved by a number of existing buildings which are used for a school. The main school buildings are located at the Old Maryborough Road frontage, with several associated outbuildings and sporting fields at the centre and rear of the site.

• The site comprises some vegetation, in the form of medium to large trees, however much of the site is grassed for children’s play areas.

• Two separate carparks are provided, both adjacent to the road frontage. • A dam is also located on the site, but is physically separated from the

school and play areas. 1.2 The Proposal The application proposes extensions and additions to an existing school, Victory College. In detail, the proposal includes the following:

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• Two new specialist teaching Classrooms – a home economics building with food preparation areas and textiles work areas.

• 12 new general purpose teaching classrooms. 4 classrooms are located in a 2 storey building adjacent to an existing amenities and covered area at the eastern side of the site. An additional 4 one-storey buildings are proposed to the east of the existing art and manual arts buildings, also at the eastern side of the site.

• A new multi-purpose sports building, or gymnasium, with 2 multi-purpose courts, to the rear of the existing administration building. The building is to be covered, but no walls are proposed at this stage.

• Science block renovation to remove the existing home economics classroom and replace with storage rooms and teaching annexe.

The application has been supported by: (i) a Traffic Engineering Report prepared by DM Hayes Traffic Engineering

Consultant (ii) an Environmental Noise Assessment prepared by TTM Consulting

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1.3 Surrounding Land Uses Land immediately surrounding the site to the north, south, east and west is residential in nature, consisting predominantly of detached dwellings with varying lot sizes. The site is located in a transition area between urban residential and rural residential areas.

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2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The overall intent of the Community Zone is primarily to ensure the provision of a broad range of services to maintain the wellbeing of the community centred in Gympie and scattered throughout rural areas. The proposed extensions and additions to the existing school facilities are consistent with the Outcomes of the Gympie Planning Area. The proposal involves the construction of several new buildings which are consistent with the existing character and use of the site. While some of the proposed buildings are located close to the eastern side boundary, this is not considered to be a significant issue given that all adjoining residences are located quite close to the road frontage and so are some distance from the proposed building sites. Additionally, the expectation of adjoining owners residing next to a school must be to anticipate noise from children, teaching and sports activities. 2.2 Overlays / Natural Hazards / State Planning Policies 2.2.1 Natural Waterway and Wetland Areas No development is proposed within the identified waterway at the south-eastern corner of the site. The proposed classroom buildings are located around the waterway area, although there is no physical evidence of a waterway on the site at present. A sportsground (playing field) is to be located in proximity to the identified waterway area. A standard condition ensuring development does not impact on this area is recommended. 2.2.2 Good Quality Agricultural Land The site is identified on Overlay Map OM8 Sheet 2 (Good Quality Agricultural Land) as containing both Classes A and B Good Quality Agricultural Land. Notwithstanding this, in contemplating the need for the provision of community facilities, Council has to rationalise the need to permit expansion against the knowledge that this would compromise the preservation of some existing conditions, overriding GQAL. As the site is located in the Community Zone, is currently used for the purposes of a school and is proposed to continue, it is considered that that State Planning Policy 1/92 is addressed and this is consistent with Council’s approach to the assessment of GQAL to date. 2.2.3 Bushfire Hazard The site is identified on Natural Hazard Map NHM1 (Sheet 2) within a Bushfire Hazard Area. The applicant has not formally addressed this issue however, the site is located in the lower hazard category and extensive clearing has already taken place on the site.

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2.2.4 Erosion Hazard The site is identified in the Very Low, Low, Moderate and High Erosion Hazard Area as per Natural Hazard Map NHM2 (Sheet 2). This issue has not been formally addressed by the applicant however, the majority of the site is in the lowest risk category, and it is considered appropriate measures can be imposed at the operational works stage. 2.3 Assessment Against Codes

The applicable Codes include the following:

-Gympie Planning Area Code -Infrastructure Works Code

-Landscaping Code -Erosion and Sediment Control Code -Vehicle Parking & Access -Natural Waterways and Wetlands Code

2.3.1 Gympie Planning Area Code 2.3.1.1 Impact on Amenity The only significant concern with regard to the amenity of adjoining residences involves noise impacts emitted from the proposed new buildings and new sporting field. An environmental noise level study report has been prepared by TTM in support of the application (specifically for the multi-purpose sports area) and concludes that the proposed new multi-purpose sports facility is unlikely to produce a significant increase in noise generated by children playing on the courts at lunch time, after school or during school hours. An existing outdoor basketball court is currently located in the same location as the proposed new courts, so noise readings are considered to be largely reflective of the proposed situation. It is noted in the supporting noise report that the roof over the courts will, to some degree, amplify the noise generated by children playing on the courts, but that the impact of this is not expected to be significant. The report concludes that as noise levels will tend to remain the same as currently experienced no acoustic treatments are recommended. Potential impact from light emission is to comply with the Probable Solution of the Code and this is to be enforced by a standard condition. Notwithstanding this, the proposal involves an educational establishment, so generally does not involve evening activities on a regular basis.

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2.3.1.2 Scale, Siting and Provision of Buildings, Structures and Other Works The proposed new buildings have been designed in accordance with the provisions of the Code. All buildings are set back some distance from the site boundaries and range from 1 to 2 storeys in height. The new buildings have been sited to respond to the topography and features of the land. The buildings are not located in the mapped waterway area at the south-eastern corner of the site. The design of the proposed building itself is in accordance with the provisions of the Code, incorporating various architectural features and articulation in building appearance. 2.3.2 Infrastructure Works Code

2.3.2.2 Services The site is connected to reticulated water and sewerage. The site has access to electricity and telecommunications infrastructure. 2.3.2.4 Stormwater No details have been provided. A condition is recommended requiring the provision of stormwater drainage services in accordance with Planning Scheme Policy 8: Infrastructure Works.

An Operational Works application must be submitted prior to the construction

of any works. Standard approval conditions will also apply.

2.2.3 Landscaping Code The applicant has not provided an assessment against this Code and given the existing landscaping on-site additional requirements are not recommended to be imposed. 2.2.4 Erosion and Sediment Control Code The applicant has agreed to accept a condition requiring the preparation of a Construction and Operational Erosion and Sediment Control Plan. The site is mostly in the lowest Erosion Hazard area and so is not considered to be a significant hazard. Standard approval conditions will be imposed.

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2.3.5 Vehicle Parking and Access Code The proposal involves the addition of a new carpark, comprising 17 parking spaces, linked to one of the existing carparks directly adjacent to the front boundary. In accordance with Schedule 10: Minimum Vehicle Parking Requirements under the Planning Scheme, the proposal involves an additional 12 parking spaces to service the increased staff for the 12 new classrooms. No additional parking is proposed for the new specialist teaching classrooms as no additional staff or students are generated by these facilities. 5 spaces are provided for students of driving age, which is considered to be acceptable in this case. 2.4 LOCAL AND/OR STATE PLANNING POLICIES No Local or State Planning Policies are applicable to this application. 3.0 PUBLIC NOTIFICATION The application is Code Assessable and does not require public notification. 4.0 CONSULTATION 4.1 Internal Report: (Infrastructure Planning Manager – A. Laszlo) This engineering report is based on the report dated April 2008 and additional information submitted by Martoo Consulting.

TRAFFIC As part of the Consultant’s report expected traffic figures were supplied by DM Hayes Traffic Engineering Consultant. These figures are acceptable for this development. As this application is one of the stages proposed, the contribution could be calculated on the basis that each classroom accommodates 25 children as per previous application DA09288 with an EP rate of 0.63 calculated in DM Hayes traffic report for primary school students. This equates to a contribution of $4693.50 per classroom subject to PPI increases. As there is no concrete footpath in this general area it is considered reasonable that the above contribution be used for intersections improvements and concrete footpaths.

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FRONTAGE ROAD/ACCESS Old Maryborough Road is constructed to a two lane bitumen with kerb and channel and without a concrete footpath to the frontage of the development. A 1.2 metre reinforced concrete footpath should be constructed for the full development frontage. The proposed car parking will be accessed from the existing driveway. The proposed car parking is to comply with AS2890.1. STORMWATER Run off from the sealed car parking area and building should be captured on site and discharged as per the requirements of the Planning Scheme into the existing stormwater system on site.

WATER/SEWERAGE Both services are available with adequate capacity in each. As this development is on the same lot of the existing College, services will be required to be connected into the existing system. Any upgrade required to the existing system is to be at the developer’s cost. Headwork’s charges are applicable based on Council’s Policy.

OTHER SERVICES Street lighting is adequate in this location. 4.2 External 4.2.1 Referral Agencies The application was referred to Queensland Transport as a Concurrence Agency, given that the proposal involves a school and is identified in the thresholds in Schedule 13 of the Integrated Planning Regulations 1998. The Department had no requirements with respect to this application. The application also required referral to the Department of Main Roads as a Concurrence Agency, because the use involves an educational establishment and is listed in the thresholds in Schedule 5 of the Integrated Planning Regulations 1998. Due to an oversight, referral of the application to the Department of Main Roads has not occurred however Council’s determination of the proposal is sought due to time constraints with government funding. Previous experience indicates Main Roads are unlikely to impose extensive conditions on these additions.

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5.0 CONCLUSION The application proposes a Material Change of Use for an Education or Health Premises (extensions and additions to an existing school) at 175 Old Maryborough Road, Araluen, formally described as Lot 2 on SP138774 which is consistent with the zoning and all of the relevant provisions of the Planning Scheme. The development proposes 12 new classrooms in a number of one and two storey buildings, a new multi-purpose sporting area, new specialist teaching classrooms (home economics classrooms) and refurbishment of an existing science/home economics building. The application is recommended for approval, subject to conditions detailed in the recommendation and as explained in the report.

P16/04/09 Moved: Cr A.J. Perrett Seconded: Cr D.R. Neilson

Recommend that following receipt of the Department of Main Roads response, Council, as Assessment Manager, delegate APPROVAL of development application 2008-0399 for a Material Change of Use – Education or Health Premises (Extensions and Additions to an Existing School) over Lot 2 on SP138774 located at 175 Old Maryborough Road, Araluen, to the Director of Planning and Development subject to the following conditions: Assessment Manager’s Conditions Section 1 Conditions to be Satisfied Prior to the Commencement of the

Approved Use

1.1 The development herein approved may not start until: (i) the following development permits have been issued and

complied with as required - (a) Development Permit for Building Work; (b) Development Permit for Operational Works (Footpath);

and (ii) development authorised by the above permit has been

completed to the satisfaction of Council’s Chief Executive Officer.

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1.2 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at 0.2ep per primary school student and 0.4ep per secondary school student, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment. Confirmation of additional enrolment numbers must be submitted prior to payment of headworks.

1.3 Contribution is to be made towards Sewerage Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at 0.25ep and 0.5ep, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment. Confirmation of additional enrolment numbers must be submitted prior to payment of headworks.

1.4 In accordance with Planning Scheme Policy 11: Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased vehicular traffic generated by this development. The amount is currently assessed at $4 693 per classroom, however will be indexed annually from the date of this approval in accordance with ABS ANZSIC Index Class 4121.

1.5 A 1.2 metre wide reinforced concrete footpath is to be constructed

along the full frontage of the site to Old Maryborough Road and the remaining areas shall be formed, grassed and topsoiled in accordance with the requirements of the Infrastructure Works Code and Planning Scheme Policy 8: Infrastructure Works.

Stormwater 1.6 A stormwater drainage plan is to be submitted and approved by

Council outlining proposed means of managing stormwater through and from the site, establishing a lawful point of discharge and detailing measures to be undertaken to ensure no worsening of the overall quality of the stormwater occurs as a result of the use.

1.7 (i) Provide Council with written permission from the relevant

adjoining landowner/s where concentrated stormwater is discharged onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

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Parking 1.8 Any change of use of the site from that herein approved will

necessitate recalculation of car parking requirements. 1.9 Seventeen (17) additional car parking spaces are to be provided for

the development as shown on the approved plan. 1.10 A plan of the car parking for the development, in accordance with

Council’s Vehicle Parking and Access Code and conditions 1.8 and 1.9, is to be submitted and approved by Council.

SECTION 2.0 – General Conditions of Approval 2.1 The development shall be generally in accordance with the plans

submitted with the application (Reference No. 413 DA-2 drawn by L.S.J – Dimond Architects Pty Ltd and dated 10/09/2008).

2.2 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.3 Erosion and sediment control measures are to be designed and

provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

2.4 All cleared vegetation is to be suitably processed or removed from

the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to:

(i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be

approved. Note: Bulk green waste is no longer accepted at any Council landfill

site.

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2.5 Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

2.6 Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems at no cost to Council in accordance with an approval for plumbing and drainage work approving the required plans and specifications for such works. Note: Any required upgrade to the existing system is to be at the developer’s cost.

Notes (i) Any filling or other development works undertaken on the site shall be

carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

(ii) Under the Integrated Planning Act, this development approval lapses at

the end of the currency period for the approval which is four years starting the day the approval takes effect.

(iii) Under Section 3.5.28 of the Integrated Planning Act, this development

approval attaches to the land, the subject of the application, and binds the owner, the owners successors in title and any occupier of the land.

(iv) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

Carried.

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Ms T.M. Stenholm left the meeting at 11.02 a.m. Mrs K.A. Rolfe entered the meeting at 11.02 a.m.

SECTION 1: STRATEGIC PLANNING MATTERS

1/1 Local Heritage Register Information Night

Re: Minute: P17/04/09 Local Heritage Register Information Night From: Manager Strategic Planning File: 6/6/07/0001 Date: 20th March 2009 Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 INFORMATION NIGHT AGENDA Around 35 property owners or their representatives attended the Local Heritage Register Information Night held on 10th March 2009. On arrival all received a folder containing copies of the Heritage and Character Code, Queensland Heritage Act Regulation 2003 containing the State IDAS code, a copy of the relevant entry in the Local Heritage Register and the assessment of their property in the Heritage Study. Cr Dyne introduced the evening and a Powerpoint presentation followed. The information appeared to be received well. People were advised that the planning scheme is to be revised and that further consultation will be held in the coming years. A discussion and question time was then held. While people wanted to voice their concerns the meeting proceeded well with everyone having their opportunity to speak. During refreshments the owners were able to talk to the councillors present and myself. 2.0 ISSUES ARISING 2.1 No letter received during planning scheme consultation phase Some of the attendees reported that while they owned the property during the planning scheme consultation period they did not receive the letter inviting them to remove themselves from the List of Heritage Places. Had they received the letter they would have submitted an objection. Research confirms that a number of property owners were not sent letters.

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2.2 Planning scheme objection submitted in time but still on register Research confirms that several people submitted their objections within the statutory timeframe but their properties were not removed from the List of Heritage Places as requested. 2.3 Property purchased after objection period and before gazettal of

scheme The property owners in this category missed the opportunity to object to the listing and were therefore unaware of the impacts of the impending gazettal of the scheme. 2.4 Property owners needing advice There were a number of owners keen to receive more detailed advice on how they could implement the intention of the Heritage and Character Code. I advised that I would be raising this issue with Council due to the lack of architectural expertise within Council and the Heritage Advisory Committee to competently provide such advice. 2.5 Property owners proud A number of the owners expressed their great interest in preserving the heritage of the Gympie Region. 3.0 FUTURE ACTION Council’s decision to contact all owners affected by the Heritage and Character Code during the planning scheme consultation phase was over and above the statutory requirements legislated by the Integrated Planning Act 1997. Therefore the errors that occurred associated with carrying out this Council resolution have no impact on the validity of the Cooloola Shire Planning Scheme. Council’s intention is to review the three planning schemes it currently administers and to draft a new planning scheme for the Gympie Regional Council area. This is the appropriate time to review the current provisions and those places that should be regulated in the interests of conserving the heritage of the area. Council may also wish to discuss an appropriate mechanism for supporting owners of heritage places at this time.

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P17/04/09 Moved: Cr J. Watt Seconded: Cr R.J. Dyne

Recommend that Council advises property owners with queries regarding the Local Heritage Register that its intention is to review the three planning schemes it currently administers and draft a new planning scheme for the Gympie Regional Council area. During the review process Council will consider all of the issues raised by owners at the Local Heritage Register information night, and those raised generally through the statutory consultation period in determining appropriate provisions relating to the conservation of Gympie Region’s heritage places.

Carried. 1/2 Response to Cooloola Cove Residents and Friends Regarding the Proposed

BMX Track Relocation and Future Master Planning of Centenary of Federation Park

Re: Minute: P18/04/09 Proposed BMX Track Relocation from Billabong

Park; and Future Master Planning of Centenary of Federation Park From: Sport Recreation and Parks Coordinating Committee File: PG94/00096 Date: 17 March 2009 Report: (Strategic Planner – R.N. Halse) Summary On the 17 March, 2009 at the Sport Recreation and Parks Coordinating Committee meeting it was recommended the BMX track at Billabong Park would remain at its current location, as opposed to the previous recommendation to relocate the BMX track to Centenary of Federation Park. At the same meeting it was recommended that master planning at Centenary of Federation Park in accordance with the Cooloola Shire Open Space and Recreation Plan 2007, be considered as part of the 2009/10 Budget. Property Description The BMX (Bicycle Motocross) facility located at Billabong Park, Cooloola Cove is on land legally described as Lot 753 on RP174254. According to the 2005 Cooloola Shire Planning Scheme the land is designated as Community. The land is constrained by Acid Sulphate Soil and Bushfire Prone Area.

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Committee Recommendation On the 17th March, 2009 at the Sport Recreation and Parks Coordinating Committee it was resolved to recommend the following in relation to Section 1.7 – BMX / Billabong Park; “That the Committee recommend to Council that the Cooloola Cove Residents and Friends be advised that the BMX track is to remain where it is and there is no intention to replicate the park at Centenary of Federation Park”. “That the Committee recommend that Council advise the Cooloola Cove Residents and Friends as follows: The Cooloola Shire Open Space and Recreation Plan 2007 recommended that a master plan be undertaken for the Centenary of Federation Park. This will be considered by Gympie Regional Council at forthcoming budget considerations.”

P18/04/09 Moved: Cr J. Watt Seconded: Cr G.L. Engeman

Recommend that Council advise the Cooloola Cove Residents & Friends Inc. that the BMX track is to remain at its current location and that Centenary of Federation Park would be considered for master planning in the forthcoming budget.

Carried.

BMX Track/Billabong Park

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There being no further business the meeting closed at 11.26 a.m.

CONFIRMED THIS THE EIGHTH DAY OF APRIL 2009.

_____________________________________________ Cr I.T. Petersen

Chairman