AMENDED DECISION NOTICE APPROVAL

PLANNING ACT 2016, SECTION 63

Amended Decision Notice to correct typographical errors with the decision date.

I refer to your application and advise that Council’s Coordinator Development & Planning under delegation decided to approve the application in full subject to conditions. This Notice replaces the Decision Notice issued on 14 February 2020. Details of the decision are as follows:

1. APPLICATION DETAILS

Application Number: BWAP001-2019

Properly Made Date: 13 December 2019

Decision Date: 14 February 2019 2020

Amendment Date: 27 February 2020

Planning Scheme: Central Highlands Regional Council Planning Scheme 2016 (Amendment No. 3)

2. APPLICANT DETAILS

Name: Darren Byrne

Postal Address: 42 Edgewood Drive EMERALD

Email Address: kerrydarren@bigpond.com

3. PROPERTY DETAILS

Street Address: 42 Edgewood Drive EMERALD

Real Property Description: Lot 54 on RP 883757

Local Government Area: Central Highlands Regional Council

4. DECISION DETAILS

The following type of approval has been issued:

Preliminary approval for building works assessable against the planning scheme – Domestic outbuilding (ancillary to a dwelling house)

Our Ref: BWAP001-2019

Assessment Manager: Jen Marsh

Telephone: 1300 242 686

Fax: 1300 242 687

Email: tplanning@chrc.qld.gov.au

Address: PO Box 21, Emerald QLD 4720

5. CURRENCY PERIOD FOR THE APPROVAL

This development approval will lapse at the end if the development does not start within two (2) years ending on 14 February 2022.

6. STATEMENT OF REASONS

Description of the development

The approved development is for:

Preliminary approval for building works assessable against the planning scheme – Domestic outbuilding (ancillary to a dwelling house)

Assessment benchmarks

The following are the benchmarks applying for to this development under Central Highlands Regional Council Planning (Amendment No. 3) 2016:

• Dwelling house code; and

• Transport, parking and access code.

Reason for decision The development application is approved and the reasons for the decision are based on the following:

(i) The building form, location, and design is consistent with the desired amenity and character of the surrounding area;

(ii) The domestic outbuilding is of an appropriate size and scale such that it is compatible and consistent with surrounding development;

(iii) The domestic outbuilding is not for a habitable space, and incorporates setbacks that are sufficient to ensure that privacy is maintained throughout adjoining properties; and

(iv) The domestic outbuilding does not increase the residential density of the lot, and maintains existing vehicle access points, thereby maintaining the quality, efficiency and safety of the surrounding movement and transport network.

7. INFRASTRUCTURE

Where conditions relate to the provision of infrastructure, these are non-trunk infrastructure conditions unless specifically nominated as a “necessary infrastructure condition” for provision of trunk infrastructure as defined under section 127 of the Planning Act 2016.

8. ASSESSMENT MANAGER CONDITIONS

1. APPROVED USE a) The use permitted as part of this approval is for a domestic outbuilding as an ancillary use to an

existing Dwelling house, approved as building work assessable against the planning scheme.

Timing: To be maintained at all times.

2. APPROVED PLANS a) The use shall be carried out in accordance with the stamped approved plans and documentation

as detailed in the following schedule and any amendments arising through conditions to this approval:

Document Name Document Number Prepared By Date

Site Plan - Landowner Undated

Cladding Elevation A - Total Span Steel Buildings/

Steel Sheds Australia

Undated

Frame Elevation B - Total Span Steel Buildings/

Steel Sheds Australia

Undated

Frame Elevation F5 - Total Span Steel Buildings/

Steel Sheds Australia

Undated

Timing: To be maintained at all times.

3. WORKS – APPLICANT’S EXPENSE a) All works, services, facilities and/or public utility alterations required by this approval or stated

conditions, whether carried out by Council or otherwise, are to be at the applicant’s expense unless otherwise specified.

Timing: At all times.

4. STORMWATER DRAINAGE – ROOF AND ALLOTMENT DISCHARGE AND DISPOSAL a) All roof and allotment drainage works must be designed and constructed in accordance with the

Capricorn Municipal Development Guidelines CMDG) and the Queensland Urban Drainage Manual (QUDM).

Timing: At all times.

b) All roof and allotment runoff from the development must be directed to a lawful point of discharge and must not restrict, impair or change the natural flow of runoff water or cause a nuisance to surrounding land or infrastructure.

Timing: At all times.

5. BUILDINGS AND ENCUMBRANCES a) All buildings, structures and encumbrances are to be fully contained within a single allotment,

specifically Lot 54 on RP 883757.

Timing: At all times.

6. AMENITY – VISUAL & PRIVACY a) A high level of visual amenity and privacy for adjoining lots must be maintained.

Timing: At all times.

b) The shed must be constructed from materials and colours that complement the existing dwelling and associated structures on the property.

Timing: At all times.

c) The shed should not have any windows, doors or other openings that allow for overlooking of adjoining properties and be provided with suitable screening trees and/or vegetation where appropriate to ensure the privacy and amenity of adjoining properties is maintained.

Timing: At all times.

7. BUILDING WORK a) All building work associated with the development must obtain the appropriate approvals from

Council before the work is undertaken.

Timing: As specified in the condition.

8. DAMAGE TO COUNCIL SERVICES AND ASSETS a) The applicant must meet any costs to repair damage to any Council asset during construction

where the damage is a result of the development works. Damage to assets must be repaired immediately where it creates a hazard to the community. In circumstances where the damage does not create a hazard to the community, it must be repaired immediately on completion of the works associated with the development.

Timing: At all times.

- END OF CONDITIONS -

9. APPROVED PLANS

Copies of the following approved plans, specifications and/or drawings are enclosed.

Document Name Document Number Prepared By Date

Site Plan - Landowner Undated

Cladding Elevation A - Total Span Steel Buildings/

Steel Sheds Australia

Undated

Frame Elevation B - Total Span Steel Buildings/

Steel Sheds Australia

Undated

Frame Elevation F5 - Total Span Steel Buildings/

Steel Sheds Australia

Undated

10. ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:

A. GENERAL ENVIRONMENTAL DUTY General environmental duty under the Environmental Protection Act 1994 prohibits unlawful environmental nuisance caused by noise, aerosols, particles, dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks, construction and operation.

B. ABORIGINAL CULTURAL HERITAGE It is advised that under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are listed in the Aboriginal cultural heritage legislation. The information on Aboriginal cultural heritage is available on the Department of Aboriginal and Torres Strait Islander Partnerships website (www.datsip.qld.gov.au).

C. INFRASTRUCTURE CHARGES NOTICE

This application is not subject to infrastructure charges in accordance with Council policies and Adopted Infrastructure Charges Resolution (No. 12.2) 2017.

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Please be advised that the following development permits may be required to be obtained before the development can be carried out:

• Development permit for building work

12. RIGHTS OF APPEAL

The rights of applicants to appeal to a tribunal or the Planning and Environment Court against decisions about a development application are set out in chapter 6, part 1 of the Planning Act 2016. For particular applications, there may also be a right to make an application for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

A copy of the relevant appeal provisions are attached.

13. OTHER DETAILS

You are further advised that the truth and accuracy of the information provided in the application form and accompanying information is relied on when assessing and deciding this application. If you find an inaccuracy in any of the information provided above or have a query or need to seek clarification about any of these details, please contact Council’s Development Assessment Unit on 1300 242 686.

Note: Please ensure you provide details of the application number and assessment manager when contacting council in relation to this application.

14. DELEGATED PERSON

Name: Sarah Ronnfeldt

Signature:

Date:

27 February 2020

PRINCIPAL PLANNER DEVELOPMENT ASSESSMENT

Enc: Approved Plans Appeal Provisions

APPEAL RIGHTS

The following is an extract from the Planning Act 2016 (Chapter 6 – Part 1)

Chapter 6 Dispute resolution

Part 1 Appeal rights

228 Appeals to tribunal or P&E Court (1) Schedule 1 states—

(a) matters that may be appealed to— (i) either a tribunal or the P&E Court; or (ii) only a tribunal; or (iii) only the P&E Court; and

(b) the person— (i) who may appeal a matter (the appellant);

and (ii) who is a respondent in an appeal of the

matter; and (iii) who is a co-respondent in an appeal of

the matter; and (iv) who may elect to be a co-respondent in

an appeal of the matter. (2) An appellant may start an appeal within the

appeal period. (3) The appeal period is—

(a) for an appeal by a building advisory agency—10 business days after a decision notice for the decision is given to the agency; or

(b) for an appeal against a deemed refusal—at any time after the deemed refusal happens; or

(c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises—20 business days after a notice is published under section 269(3)(a) or (4); or

(d) for an appeal against an infrastructure charges notice—20 business days after the infrastructure charges notice is given to the person; or

(e) for an appeal about a deemed approval of a development application for which a decision notice has not been given—30 business days after the applicant gives the deemed approval notice to the assessment manager; or

(f) for any other appeal—20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.

Note— See the P&E Court Act for the court’s power to

extend the appeal period. (4) Each respondent and co-respondent for an

appeal may be heard in the appeal. (5) If an appeal is only about a referral agency’s

response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.

(6) To remove any doubt, it is declared that an appeal against an infrastructure charges notice must not be about—

(a) the adopted charge itself; or (b) for a decision about an offset or refund—

(i) the establishment cost of trunk infrastructure identified in a LGIP; or

(ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.

229 Notice of appeal

(1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that—

(a) is in the approved form; and (b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee.

(3) The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to— (a) the respondent for the appeal; and (b) each co-respondent for the appeal; and (c) for an appeal about a development application

under schedule 1, table 1, item 1—each principal submitter for the development application; and

(ca) for an appeal about a change application under schedule 1, table 1, item 2—each principal submitter for the change application; and

(d) each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (ca); and

(e) for an appeal to the P&E Court—the chief executive; and

(f) for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.

(4) The service period is— (a) if a submitter or advice agency started the

appeal in the P&E Court—2 business days after the appeal is started; or

(b) otherwise—10 business days after the appeal is started.

(5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).

(6) A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.