YOUR REF:- 9524

OUR REF:- DA-2008-747/A

21 August 2012 Mackay District Rugby Union Inc C/- Cardno Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE

Applicant: Mackay District Rugby Union Inc

Proposal: Request for Change of Development Approval - Reconfiguration of a Lot 1 Sport and Recreation Lot into 7 Lots and an Access Easement

Application Number: DA-2008-747/A

Address: 28 Quarry Street, NORTH MACKAY QLD 4740

Property Description: Lot 530 on SP177291 Your request, lodged on 23 May 2012 under section 369 of the Sustainable Planning Act 2009 for a Change of Conditions to the Decision Notice for DA-2008/747, approved on 27 May 2009, was considered by Council’s Manager Development Assessment. Acting under delegated authority on the 21 August 2012 your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: 1. Plan of Development

The approved reconfiguration of land creating 2 7 Lots and balance lot must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

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Plan Number Job

Number Title of plan Rev Prepared by Date

DWSK712231 D27059 Proposed Subdivision of Lots 531 and 532

A Mackay Surveys 07/12/08

11NQ227 Revised Plan of Development

V2 Cardno HRP

Mis12368, Fig 1 Concept Layout D Cardno U&N 08/12 Mis12368, Fig 2 Rear Allotment

Drainage B Cardno U&N 08/12

2. Compliance of Conditions

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

3. Endorsement of Survey Plan

The Plan of Survey with associated documents will not be endorsed by Council until all of the conditions of approval have been complied with.

4. Compliance with Council Standards

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

5. Transport Network Contributions

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions, which is current. The transport network contribution will be applied based on 25 vehicle movements per day (vpd’s).

6. Contributions Payment Timing – Endorsement of Survey Plans

All contributions and charges must be paid prior to the date of endorsement of the Plan of Survey at the rate applicable at the time of payment.

7. Electricity Services

Infrastructure necessary for the provision of underground reticulated power to all proposed lots must be provided and Certificate of Electricity Supply from the infrastructure provider to demonstrate compliance must be provided to Council.

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8. Telecommunications Services

All proposed lots must be connected to telecommunications and written evidence from Telstra to demonstrate the connection must be provided. Above ground switching station cubicles are to be located clear of footpath areas and parkland areas.

9. Damage

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

10. Stormwater

Stormwater for Lot 1 the development must be controlled, with provision being made for the following: i) External catchments from the adjoining lots to the south of the site.

ii) Inter-allotment drainage in accordance with Council’s Standard

Drawing A3-870(B) or an approved alternative.

iii) Downstream Drainage to a lawful and practical point of discharge which has been nominated as the existing road reserve adjoining the eastern boundary of Lot 118 on SP153955. (refer attached Sketch C).Prior to the endorsement of the plan of survey for the proposed new lots, the developer must obtain drainage easements downstream of proposed Lot 1 through proposed Lot 2 and Lot 118 on SP153955.

iv) An underground drainage system is to be provided from the discharge

pit in proposed Lot 1 through proposed Lot 2 generally in accordance with the attached Sketch D. If required, drainage works are to be undertaken downstream of the culvert outlet to contain the discharge within the downstream open drainage system.

11. Ponding and Diversion of Stormwater

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

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12. New Sewerage and Water Connections

Existing Water, Electricity and Telephone services to the existing clubhouse are to be removed from Lot 1 the development site and relocated within Lot 2. the clubhouse lot. The developer must provide a new sewerage and water connection to proposed Lot 1 the development generally in accordance with attached sketch D. the approved plans. The size of water connection must cater for the demand from the intended development on the site.

13. Live Connection Work

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

14. Security Lighting

The existing security light within the access handle to proposed Lot 2 must be reorientated/relocated so as not to spill obtrusive lighting into the proposed housing lots Lot 1. As assessment of the existing lighting and proposed modifications are to be included with the Operational works submission to Council.

15. Footpath

The footpath verge across the frontage of the proposed development Lot 1 is to be re-profiled to comply with Council’s Standard Drawing A3-870 (B). The developer is to provide a new 1.5m wide footpath in accordance with Council standards for the full width of the site frontage.

16. Letter boxes A position within the easement is to be provided on the Quarry Street

frontage for letterboxes for the seven lots. 17. Stormwater easements

Easements are to be provided over stormwater infrastructure within the lots. All structures are to be clear of stormwater drainage easements along the southern, eastern and northern boundaries of the site.

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18. Easement Terms

The easement documents for the development must include a schedule which outlines the terms, conditions, liability, insurance, responsibilities location and maintenance and other matters and costs associated with all of the private infrastructure within the development and shall include but not be limited to:

Access driveway Letterboxes Landscaping and internal verge Easements, building envelopes and any restrictions due to

infrastructure constraints Rubbish collection locations Services Location Diagrams for Telstra and Ergon and other

private infrastructure. A copy of the easement schedule is to be submitted to Council with the survey plan. The terms of the easement must function in a similar manner to a Community Management Statement.

19. Building over and Adjacent to Sewers

All lots must comply with Council’s “Building Over and Adjacent to Sewers” Policy MW02, particularly Lots 13 and 10.

20. Internal Setbacks and dwelling siting

Dwellings must be constructed on the lots as follows:

3m from property boundary to building wall along the internal road;

Garage walls must be setback a minimum of 5m from the internal property boundary; and

4.5m from Quarry Street frontage to the building wall; Dwellings on lots 1 and 4 must orient to the street and all

vehicular access gained from the internal driveway 21. Internal Truncation

Provide a 2 x 2.5m truncation to the north western corner of Lot 4

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22. Civil Works

All civil works including street works, sewer, water and stormwater are to be constructed in accordance with the approved plans including relocation of existing power, telecommunications and water infrastructure to the Rugby Club building.

23. Street Trees

Two Street trees are to be provided in accordance with Council standard drawings. One tree is to be provided to the north and one south of the access driveway. If existing trees can be retained in the verge then no new trees will be required. Confirmation of tree planting or retention is to be shown on the operational works application drawings.

24. Maintenance of Development Maintain the approved development including landscaping car parking, driveway and other internal spaces and infrastructure in accordance with the approved drawings and documents and any relevant Council engineering or other approval required by the conditions.

25. Amended Plans required

Prior to lodgement of operational works application the plans of development are to be amended to show:

a) Easements in accordance with condition 16 b) Letterboxes in accordance with condition 17 c) Truncation in accordance with condition 21

ASSESSMENT MANAGER’S ADVICE  1. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.

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2. Hours of Work

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

3. Dust Control

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

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

4. Sedimentation Control

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

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

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

Part 3B of the Environmental Protection Act 1994. 6. General Safety of Public During Construction

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

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7. Summary of Developer Contributions as at date of approval. Note: Contributions paid at the time nominated in the relevant condition will be re-calculated at current applicable rate, at that time. Infrastructure Catchment Number of

Units/ET’s/ EP’s/VPD

Total Calculated

Amount

Amount of Economic Incentive

Total Amount

Due

Transport Network

All Mackay 25vpd for 1 Sport and Rec Lot

25 x $341 = $8,525

% $8,525 N/A

Water, Sewer and Parkland contributions will be applicable at the time of a Material Change of Use application over the site. Please find enclosed the above Decision Notice with the relevant attachments: Compiled Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Infrastructure charges are applicable on this approval, a separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information please contact Julie Brook

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Application Number: DA-2008-747/A

Date of Decision: 21 August 2012

1. APPLICANT/S DETAILS

Name: Mackay District Rugby Union Inc

Postal Address: C/- Cardno Humphreys Reynolds Perkins

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 28 Quarry Street, NORTH MACKAY QLD 4740

Property Description: Lot 530 on SP177291

3. OWNER’S DETAILS

Mackay District Rugby Union Inc

4. PROPOSAL

Request for Change of Development Approval - Reconfiguration of a Lot 1

Sport and Recreation Lot into 7 Lots and an Access Easement

5. DECISION TYPE

DEVELOPMENT DECISION

Reconfiguration of a Lot Development Permit

Approved in Full subject to Conditions

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6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 10, 12, 14 and 15 have been amended Conditions 5, 6 and Assessment Managers Advice point 7 have been deleted Conditions 16 to 25 and Assessment Managers Advice point 1 have been added. All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

7. IDAS REFERRAL AGENCIES

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

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

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

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

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

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

appeal rights and the appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 1 of 12

1. Plan of Development

The approved reconfiguration of land creating 7 Lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Plan Number Title of plan Rev Prepared by Date 11NQ227 Revised Plan of

Development V2 Cardno HRP

Mis12368, Fig 1 Concept Layout D Cardno U&N 08/12 Mis12368, Fig 2 Rear Allotment

Drainage B Cardno U&N 08/12

2. Compliance of Conditions

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

3. Endorsement of Survey Plan

The Plan of Survey with associated documents will not be endorsed by Council until all of the conditions of approval have been complied with.

4. Compliance with Council Standards

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

5. Deleted

6. Deleted

7. Electricity Services

Infrastructure necessary for the provision of underground reticulated power to all proposed lots must be provided and Certificate of Electricity Supply from the infrastructure provider to demonstrate compliance must be provided to Council.

8. Telecommunications Services

All proposed lots must be connected to telecommunications and written evidence from Telstra to demonstrate the connection must be provided. Above ground switching station cubicles are to be located clear of footpath areas and parkland areas.

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 2 of 12

9. Damage

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

10. Stormwater

Stormwater for the development must be controlled, with provision being made for the following: i) External catchments from the adjoining lots to the south of the site. ii) Inter-allotment drainage in accordance with Council’s Standard

Drawing A3-870(B) or an approved alternative. iii) Deleted iv) If required, drainage works are to be undertaken downstream of the

culvert outlet to contain the discharge within the downstream open drainage system.

11. Ponding and Diversion of Stormwater

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

12. New Sewerage and Water Connections

Existing Water, Electricity and Telephone services to the existing clubhouse are to be removed from the development site and relocated within the clubhouse site. The developer must provide a new sewerage and water connection to the development generally in accordance with the approved plans.

13. Live Connection Work

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

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 3 of 12

14. Security Lighting

The existing security light within the access handle to proposed Lot 2 must be reorientated/relocated so as not to spill obtrusive lighting into the proposed housing lots. As assessment of the existing lighting and proposed modifications are to be included with the Operational works submission to Council.

15. Footpath

The footpath verge across the frontage of the proposed development is to be re-profiled to comply with Council’s Standard Drawing A3-870 (B). The developer is to provide a new 1.5m wide footpath in accordance with Council standards for the full width of the site frontage.

16. Letter boxes A position within the easement is to be provided on the Quarry Street frontage

for letterboxes for the seven lots.

17. Stormwater easements Easements are to be provided over stormwater infrastructure within the lots. All structures are to be clear of stormwater drainage easements along the southern, eastern and northern boundaries of the site.

18. Easement Terms

The easement documents for the development must include a schedule which outlines the terms, conditions, liability, insurance, responsibilities, location and maintenance and other matters and costs associated will all of the private infrastructure within the development and shall include but not be limited to:

Access driveway Letterboxes Landscaping and internal verge Easements, building envelopes and any restrictions due to

infrastructure constraints Rubbish collection locations Services Location Diagrams for Telstra and Ergon and other private

infrastructure

A copy of the easement schedule is to be submitted to Council with the survey plan. The terms of the easement must function in a similar manner to a Community Management Statement.

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 4 of 12

19. Building over and Adjacent to Sewers All lots must comply with Council’s “Building Over and Adjacent to Sewers” Policy MW02, particularly Lots 13 and 10.

20. Internal Setbacks and dwelling siting

Dwellings must be constructed on the lots as follows:

3m from property boundary to building wall along the internal road; Garage walls must be setback a minimum of 5m from the internal

property boundary; and 4.5m from Quarry Street frontage to the building wall; Dwellings on lots 1 and 4 must orient to the street and all vehicular

access gained from the internal driveway

21. Internal Truncation

Provide a 2 x 2.5m truncation to the north western corner of Lot 4

22. Civil Works All civil works including street works, sewer, water and stormwater are to be constructed in accordance with the approved plans including relocation of existing power, telecommunications and water infrastructure to the Rugby Club building.

23. Street Trees Two Street trees are to be provided in accordance with Council standard drawings. One to the north and one south of the access driveway. If existing trees can be retained in the verge then no new trees will be required. Confirmation of tree planting or retention is to be shown on the operational works application drawings.

24. Maintenance of Development Maintain the approved development including landscaping car parking, driveway and other internal spaces and infrastructure in accordance with the approved drawings and documents and any relevant Council engineering or other approval required by the conditions.

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 5 of 12

25. Amended Plans required

Prior to lodgement of operational works application the plans of development are to be amended to show:

a) Easements in accordance with condition 16 b) Letterboxes in accordance with condition 17 c) Truncation in accordance with condition 21

ASSESSMENT MANAGER’S ADVICE 1. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.

2. Hours of Work

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

440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control

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

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

4. Sedimentation Control

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

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

This is a Mackay Regional Council digitally signed document.

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2008-747A Applicant’s Name: Mackay Disctrict Rugby Union Inc. Decision Date: 21 August 2012

Page 6 of 12

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

Part 3B of the Environmental Protection Act 1994. 6. General Safety of Public During Construction

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

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REVISED PLAN OF DEVELOPMENT V2

11NQ227 – Mackay District Rugby Union Inc. 28 Quarry Street, North Mackay

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Lot 3 352m2

Lot 2 340m2

Lot 1 348m2

Lot 4 339m2

Lot 5 342m2 Lot 6

342m2 Lot 7 395m2

N

10m

1:500 @ A4

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wire fence

buildingexisting

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SV

SVWM

PLPSTAY

STAY

Cardno (Qld) Pty LtdLot 3 M91132Proposed Rear Allotment DrainageQuarry Hill Subdivision

Mackay Rugby Union Club

This is a Mackay Regional Council digitally signed document.

SV

SVWM

PLP

PP

PLP

STAY

STAY

This document is produced by Cardno (Qld) Pty Ltd solely for the benefitof and use by the client in accordance with the terms of the retainer.Cardno (Qld) Pty Ltd does not and shall not assume any responsibility orliability whatsoever to any third party arising out of any use or reliance bythird party on the content of this document.

Cardno (Qld) Pty Ltd All Rights Reserved 2005.Copyright in the whole and every part of this drawing belongs to Cardno(Qld) Pty Ltd and may not be used, sold, transferred, copied or reproducedin whole or in part in any manner or form or on any media, to any personother than by agreement with Cardno (Qld) Pty Ltd.

Cardno (Qld) Pty LtdConcept Layout PlanQuarry Street Subdivision

Mackay Rugby Union Club

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ST

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1 2 3

4 5

67

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Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: 465 Appeals about decisions relating to extensions for approvals (1) For a development approval given for a development application, a person to

whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of

the decision is given to the person. (3) Also, a person who has made a request under section 383 may appeal to the

court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day

the decision on the matter should have been made. 466 Appeals about decisions relating to permissible changes (1) For a development approval given for a development application, the following

persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager

for the application— (i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request

response notice about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is

given notice of the decision on the request under section 376. (3) Also, a person who has made a request under section 369 may appeal to the

court against a deemed refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day

the decision on the matter should have been made.

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467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change

or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of

the decision is given to the person.

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