Bundaberg Regional Council Planning Committee Mins 040210.pdf · Bundaberg Regional Council...

Bundaberg Regional Council

Planning Committee

Minutes

4 February 2010

Present:

Cr CR Sommerfeld (Chairman)Cr AL RicciardiCr M WilkinsonCr GR Barnes

Apologies:

Cr WA Honor

(Moved by Cr Ricciardi, seconded by Cr Barnes:- "That Cr Honor's apology be accepted". Carried unanimously.)

Officers:

Mr PJ Byrne, Chief Executive Officer Mr AW Fulton, Director Planning & Development ServicesMr R Thompson, Manager Planning (City & Hinterland)Mr W Phillips, Manager Planning (Coastal & Strategic)Mr E Fritz, Principal Planner (Coastal)Mr F Nastasi, Manager Sustainable DevelopmentMrs WE Saunders, Executive Services Co-ordinatorMrs RA Silcox, Administration Officer

By Invitation:

Invocation:

Minutes 4 February 2010

Number:

1

File Number:

Part:

B - Confirmation of Minutes

Subject:

Confirmation of Minutes

Associated Organization/Person:

Resolution

Cr Wilkinson moved:-

That the Minutes of the Planning & Development Committee Meeting held on 21 January 2010 be taken as read and confirmed.

Seconded by Cr Ricciardi - and carried unanimously without debate.


Number:

1

File Number:

332.2010.5.1

Part:

M - PLANNING

Subject:

Concurrence Agency Assessment –Amenity and Aesthetics Shed over 60 sqm6 Seahorse Court INNES PARK (described as Lot: 41 SP: 213330)


B D Loeskow

Resolution

At the request of the Chairman, the Manager Planning (Coastal & Strategic) addressed the meeting on the report.

Following discussion thereto - Cr Wilkinson moved, seconded by Cr Barnes:-

That Council, acting as concurrence agency for the proposal to construct a shed over 60 square metres in area on land described as Lot: 41 SP: 213330, situated at 6 Seahorse Court, Innes Park, refuse the proposal as it does not meet the performance criteria of the Burnett Shire Council Planning Scheme 2006 and the Detached Dwelling and Domestic Storage Code; and advise the Applicant by letter as follows:-

I refer to the above-described development application, lodged with Council on 20 January 2010.

Council (for amenity and aesthetics) as a Concurrence Agency has assessed under delegation the impact of the proposed development at its Planning and Development Committee Meeting of 4 February 2010 and requires the Assessment Manager to refuse the subject application. The reasons for this refusal are: -

1. The proposed domestic storage will be visually obtrusive, being greater than double the allowable size.

2. The proposed domestic storage will not appear residential in nature or scale.3. The proposed domestic storage will not be compatible with the locality and will

affect the amenity of the neighbouring properties.4. The proposed domestic storage will not contribute to an attractive streetscape.

This pre-lodgement response is provided in accordance with Chapter 6, Part 3, Division 4 of the SPA ‘Referral Agency Assessment’.

This response is valid for two (2) years from the date of this letter.

Please quote Council’s application number: 332.2010.5.1 in all subsequent correspondence relating to this development application.

Should you require any clarification regarding this matter or wish to schedule a meeting, please contact Miss Alicia Otto on phone 1300 883 699.

Yours faithfully

Peter ByrneChief Executive Officer

The Motion was then put - and carried unanimously.


Number:

1

File Number:

322.2009.23974.1

Part:N - DEVELOPMENT

APPLICATION

Title: Negotiated Decision Request – Commercial Activity C (Hotel Extension and New Walk-in Liquor Store)Applicant: Australian Leisure and Hospitality Group Limited

Owner: Australian Leisure and Hospitality Group LimitedLocation: 68, 70, 72, 74, 78, 80 & 82 Targo Street

BUNDABERG SOUTHProposed Use: Negotiated Decision Request – Commercial Activity C (Hotel Extension and New

Walk-in Liquor Store)Further Development Permits:Concurrence Agency:Advice Agency:Date of Receipt:

Real Property Description: Lots: 3, 5 & 7 on RP: 351, Lots: 1 & 2 on RP: 113617, Lots: 1 & 2 on RP: 356, Lot: 21 on RP: 343, Lot: 3 on RP: 81689, Lot: 2 on RP: 78067, Lots: 1 & 2 on RP: 42729, County Cook, Parish Bundaberg

Area: 9,133m2

Number of Lots

Town Planning Zone: Commercial (Local Area 4)Superseded Town Planning Zone: Planning Scheme for Bundaberg City (Version 2.00)Strategic Plan Designation:Development Control Plan:Advertised:Notice of Compliance:Objections:

Resolution:

At the request of the Chairman, the Manager Planning (City & Hinterland) addressed the meeting on the report.

Following discussion thereto - Cr Wilkinson moved, seconded by Cr Ricciardi:-

That the Applicant be advised that Council (acting as Assessment Manager) has considered the submitted request for a Negotiated Decision Notice relating to application (Council Reference Number 322.2009.23974.1) for Negotiated Decision Request for Commercial Activity C (Hotel Extension and New Walk-in Liquor Store) at 68, 70, 72, 74, 78, 80 & 82 Targo Street BUNDABERG SOUTH; land described as Lots: 3, 5 & 7 on RP: 351, Lots: 1 & 2 on RP: 113617, Lots: 1 & 2 on RP: 356, Lot: 21 on RP: 343, Lot: 3 on RP: 81689, Lot: 2 on RP: 78067, Lots: 1 & 2

on RP: 42729, County Cook, Parish Bundaberg, and

(i) agrees to the amendment of Conditions 20, 23, 26 and 29 (Roadworks);(ii) does not agree to the amendment of Condition 8(v) (Noise);(iii) agrees to the deletion of Plans 08.002 SK-01E(ST1) and 08.002 SK-01E and

replace them with plans 08.002 SK-1F(ST1) and 08.002 SK-01G within Section 3 (Approved Plans) and amend Condition 1 to reflect this change; and

(iv) agrees to issue the following Negotiated Decision Notice, including attachments:-

Negotiated Decision NoticeIntegrated Planning Act 1997 Section 3.5.17

I refer to the above-described Negotiated Decision Notice request, received by Council on 15 October, 2009. This request has been assessed by Council and approved in part under delegation by the Planning and Development Committee on 4 February 2010. The changes approved by Council to the original Decision Notice are detailed below:-

o Amendment of Conditions 20, 23, 26 and 29;o Insertion of a new proposal plans.

Please Note: The sections amended by this notice are highlight in Bold Italics .

The request to amend Condition 8(v) was not agreed to by Council. Condition 8(v) reflects dot point 5 of the recommended acoustic treatments contained within the Acoustic Assessment prepared by Carter Rytenskild Group provided by the Applicant to support the application. No additional information was forwarded to Council as part of the Negotiated Decision request to negate this requirement.

In accordance with Section 5.5.17(4)(d) of the IPA this notice replaces the decision notice previously issued under cover letter dated 16 September, 2009.

1. Details of Approval

Development Permit for Material Change of Use – Impact Assessable – Commercial Activity C (Hotel Extension and New Walk-in Liquor Store).

2. Referral Agencies

Concurrence Agencies: Nil.Advice Agencies: Nil.

3. Approved Plans

Plan/Document Number

Plan/Document Name Prepared By Date

08.002 SK-01F(ST1)

Site Plan (Stage 1) Darren Dickfos Architects

May, 2009

08.002 SK-01G Site Plan Darren Dickfos Architects

October, 2008

08.002 SK-02A Hotel Floor Plan Darren Dickfos Architects

December, 2008

08.002 SCH-02 B Hotel Option 2 Elevations Darren Dickfos Architects

October, 2008

08.002 SK-04 B DM Elevations Darren Dickfos Architects

December, 2008

28096 SK01Issue: A

Landscape Concept Jeremy Ferrier Landscape Architect

22 January, 2009

28096 SK02 Landscape Concept Jeremy Ferrier 22 January, 2009

Issue: A Landscape Architect

08627-01Revision: A.1

- Carter Rytenskild Group

9 April, 2009

Drawing 1 Acoustic Barriers Carter Rytenskild Group

-

4. Assessment Manager's Conditions and Advices

Assessment Manager’s Conditions: As per attached Schedule 1.Assessment Manager’s Advices: As per attached Schedule 2.

5. Referral Agency's Response

Concurrence Agencies: N/A.Advice Agencies: N/A.

6. Conflicts with Laws and Policies and Reasons for the Decision Despite the Conflict – Nil.

7. Further Development Permits Required

The following development permits are necessary to allow the development to be carried out:-o Building Works – Assessable against the Building Codes of Australia Act

1975 and the Building Regulations 2006;o Plumbing and Drainage Works – Assessable against the Plumbing and

Drainage Act 2002;o Operational Works for Civil Works – Assessable against the Planning

Scheme for Bundaberg City;o Operational Works for Signage – for signage that does not comply with the

self-assessable provisions of the Signs Code.

8. Submissions

There was One (1) properly made submission about the application. In accordance with s 3.5.15(2)(j) of the IPA, the name and address of the principal submitter for each properly made submission are as follows:-

Name of Principal Submitter

Address

Mrs. R. Roe 90 Targo Street, BUNDABERG Q. 4670

9. Rights of Appeal

Attached is an extract from the Integrated Planning Act 1997 which details your appeal rights regarding this decision.

10. When the Development Approval Takes Effect

This development approval takes effect as per set out by s 3.5.19 of the Integrated Planning Act 1997 .

Yours faithfully

(Peter Byrne)Chief Executive Officer

Enclosures: Schedule 1 – Assessment Manager’s Conditions;Schedule 2 – Assessment Manager's Advises; Approved Plans; Extract from the Integrated Planning Act 1997 .

Schedule 1Assessment Manager’s Conditions

(Negotiated Decision Notice)

Development Permit for Material Change of Use – Impact Assessment

Council Reference: 322.2009.23974.1Negotiated Decision Date: 4 February 2010Applicant: Australian Leisure and Hospitality Group LimitedProperty Owner: Australian Leisure and Hospitality Group LimitedReal Property Description: Lots: 3, 5 & 7 on RP: 351, Lots: 1 & 2 on RP: 113617,

Lots: 1 & 2 on RP: 356, Lot: 21 on RP: 343, Lot: 3 on RP: 81689, Lot: 2 on RP: 78067, Lots: 1 & 2 on RP: 42729, County Cook, Parish Bundaberg

Location: 68, 70, 72, 74, 78, 80 & 82 Targo Street BUNDABERG SOUTH

Approved Use: Commercial Activity C (Hotel Extension and New Walk-in Liquor Store)

Planning Scheme: Bundaberg City (Version 2.00)Land Designation: Commercial (Local Area 4)

Amended Development Conditions

Approved Plans1. The proposed development is to be generally constructed in accordance with

Conditions contained within this notice and the following Approved Plans;



08.002 SK-01F(ST1)

Site Plan (Stage 1) Darren Dickfos Architects

May, 2009

08.002 SK-01G

Site Plan Darren Dickfos Architects

October, 2008

08.002 SK-02A Hotel Floor Plan Darren Dickfos Architects

December, 2008

08.002 SCH-02 B

Hotel Option 2 Elevations Darren Dickfos Architects

October, 2008

08.002 SK-04 B DM Elevations Darren Dickfos Architects

December, 2008

28096 SK01Issue: A


22 January, 2009

28096 SK02Issue: A


22 January, 2009

08627-01Revision: A.1

- Carter Rytenskild Group

9 April, 2009

Drawing 1 Acoustic Barriers Carter Rytenskild Group

-

General

2. All works are to be undertaken at the Developer’s expense;

3. All Conditions contained in this Decision Notice are to be completed/complied with before the use hereby approved commences, unless otherwise stated within this notice;

Stormwater Drainage

4. The BWS P/L Stormwater drainage report and response to Council RFI12 March 2009 (Rev C dated 5 April 2009) and preceding Stormwater drainage reports as amended (Rev A dated 15 January 2009 and Rev B dated 5 February 2009) are approved as amended by the conditions of this Decision Notice;

5. The nominated stormwater point of discharge for the development is the existing concrete drain within Lot 106 on CK5577. Pipework traversing Targo Street is to be constructed by boring under the road pavement. Detailed design for alignment to minimise disturbance to the park reserve and break-in to the channel are to be determined at Operational Works stage;

6. Appropriate Stormwater Quality Improvement Devices (SQIDs) are to be incorporated into the stormwater system design. Final details are to be provided at Operational Works Stage;

Landscaping

7. Landscaping of the site is to be generally constructed in accordance with the Jeremy Ferrier Landscape Architect Drawing No. 28096 SK01 and SK02, Issue A, Dated 22 January, 2009. Landscaping is to:-(i) consist of the construction of permanent garden beds planted with trees

and shrubs, with particular attention to the street frontages of the site.

Landscaping is to be completed prior to the premises being occupied and is to be maintained while the use of the premises for the ‘approved use’ continues;

(ii) consist of species from Council’s Landscaping Planning Scheme Policy only. Alternative species may be approved by Council through the Operational Works application, supporting information about each alternative species will need to be provided at this time. Species identified as ‘Undesirable’ within the Landscaping Planning Scheme Policy will not be approved;

(iii) utilise species recognised for their low water requirements and is to be provided with an approved controlled underground or drip watering

system.

Any such system shall be fitted with an approved testable backflow prevention device at the Developer’s expense. Please liase with Council’s Building Services and Water Operations Sections in this regard;

Noise

8. Any noise produced by the use does not exceed the background noise level plus 5db(A) (6am-6pm) or background noise level plus 3db(A) (6pm-10pm) or background noise level (10pm-6am) measured as the adjusted maximum sound pressure level at any noise sensitive place.

To achieve the above minimum standard the developer is to: -

(i) Construct A 2.0m acoustical barrier, as per Drawing 1 within Appendix A of the Carter Rytenskild Group’s ‘Environmental Noise Impact Report’, dated 9 January, 2009. The barrier is to be constructed above the existing or finished ground level, whichever is higher and be free of gaps and holes. Typical materials include earth berms, 19mm lapped timber fence (40% overlap), 6mm FC sheet, masonry, or a combination of the above (a minimum surface mass of 11kg/m

2 is required).

The erection of a second boundary line fence parallel to any existing boundary fence, is prohibited, thereby preventing the creation of an unmaintainable area between two fences that may attract or harbour vermin or pests.

This barrier in accordance with the approved drawing is to be constructed for its full length in Stage 1 of the development;

(ii) Ensure drainage grating over trafficable areas in the new proposed car park be well secured to prevent rattling;

(iii) Ensure waste collection and goods deliveries are limited to the daytime hours of 7am to 6pm;

(iv) Ensure background music, amplified music and live entertainment is not played in outdoor areas (i.e. garden lounge and DOSA), unless an additional amplified music assessment is undertaken. Such additional assessment must prove acceptable noise limits can be achieved and such report must be approved by Council;

(v) Ensure Gaming/Bistro Lounge doors are kept closed after 10pm;

(vi) Ensure amplified music and live entertainment inside the lounge/bistro only occurs with closed doors onto external areas until 10pm.

Should amplified music or live entertainment be required after 10pm the external doors and windows would be required to be upgraded to Rw 35, with closed doors onto external areas unless an additional amplified music assessment is undertaken. Such additional assessment must prove acceptable noise limits can be achieved and such report must be approved by Council;

(vii) Ensure background music within internal areas of gaming lounges and sports bars are not to exceed 85 dB(A) (measured at 1m from speakers) unless an additional amplified music assessment is undertaken. Such additional assessment must prove acceptable noise limits can be achieved and such report must be approved by Council;

Lighting

9. External lighting is to be designed in accordance with AS4282-1997: ‘Control of the Obtrusive Effects of Outdoor Lighting’ so as not to cause nuisance to nearby residents or passing motorists;

Air Conditioners

10. Air Conditioning units are to be designed, installed, maintained, and operated so that noise emissions are within the limits imposed by the Environmental Protection Act, Regulations and Policies;

11. Condensation from air conditioning units is to be discharged to the sewerage system;

Other

12. Any damage occasioned to the kerb and channelling and / or footpath is to be repaired / reinstated at the completion of all works;

13. A sufficient area is to be provided for the storage of all waste bins. This area is to be sealed, screen fenced and designed so as to prevent the release of contaminants to the environment;

14. Any placement of fill material or excavation within the subject land is to comply with the Planning Scheme for Bundaberg City’s ‘Filling and Excavation Code’. All fill material to be placed on the subject allotment is to be tested and structurally certified in accordance with the Code;

Stage 1

Infrastructure Contributions

15. Payment of Infrastructure contributions for Sewerage, Water Supply, Stormwater, Transport (local and state controlled roads), Pedestrian and Cycle Ways, and Parks, Recreation and Community Land in accordance with Council’s adopted Planning Scheme Policy, is required.

Contributions required, if paid by 30 June, 2010, are:-

Type of Contribution

Equivalent Demand

Recognised Previous Contribution

Amount

Sewerage 15.526 12.893 $8,779.41Water Supply 15.526 12.893 $8,509.71Stormwater 22.833 19.453 $5,070.00Transport (local controlled road)

18.2 13.17 $6,606.79

Transport (state controlled road)

18.2 13.17 $6,740.96

All contributions are payable prior to the issue of a Development Permit for Building Works, unless stated otherwise within this notice. The actual contribution payable will be adjusted if necessary to allow for variations determined in accordance with the applicable Planning Scheme policy current at the time of payment;

Amalgamation

16. The Developer is to lodge with Council a Plan of Survey which has been registered in the Titles Section of the Department of Environment & Resource Management, depicting the amalgamation of Lots: 3, 5 & 7 on RP: 351, Lots: 1 & 2 on RP: 113617, Lots: 1 & 2 on RP: 356, Lot: 21 on RP: 343, Lot: 3 on RP: 81689, Lot: 2 on RP: 78067, Lots: 1 & 2 on RP: 42729, County Cook, Parish Bundaberg;

Water

17. The Developer is to make provision for a single metered service, and internal infrastructure as required, to satisfy the fire fighting and water supply demands of the proposed development;

18. The existing water connections are to be disconnected and a new meter connection is to be installed to service the property.

Arrangements for the installation of any new metered service, or removal of an existing service, are to be made with Council’s Water and Wastewater Infrastructure Planning Technical Support Section. All works are to be undertaken by Council at the Developer’s expense;

Sewerage

19. In accordance with Council’s Construction of Building over Existing Sewer Lines Policy the Developer must:

(i) Reconstruct the full length of the sewer line from the southern property boundary to a point at least 3 metres north of the building footprint in vitrified clay;

(ii) For the works above - all live sewer work, including the main replacement and new sewer point of connection for the proposed Liquor Store, are to be undertaken by Council at the Developer’s expense;

(iii) Provide a 2.5 meter wide sewerage easement in favour of Council to contain the sewer reticulation (centrally) where it traverses under the proposed Liquor Store building from the southern boundary of the lot to a point at least three (3) metres north of the building footprint. Easement documentation is to be acceptable to Council and be prepared at no cost to Council;

(iv) Ensure that the footing design of the proposed Liquor Store building is such as that no extra load is exerted on the sewer main prior to what was exerted before construction of the building;

Roadworks and Car Parking

20. Proposed DDA Drawing ‘Site Plan’ Drawing Number 08.002 Sk-01 (ST1) dated 15 October, 2009 is approved with respect to the following requirements: - (i) The existing crossover serving the drive-through bottle shop along

Targo Street is to remain;(ii) No entry/exit is to be restricted to a particular vehicle type;(iii) The centrally located crossover along Targo Street is to be a

minimum Ten (10) metres wide at the site boundary and constructed in accordance with Council’s Drawing No. R-0051 (Current Version);

(iv) The southern located crossover along Targo Street is to be a minimum Eight (8) metres wide at the site boundary and

constructed in accordance with Council’s Drawing No. R-0051 (Current Version) and constructed as an entry/exit;

21. Removal of any obsolete bridge crossings, drainage outlets and footpath crossovers. Works are to include the reinstatement of frontage table drain and footpath profile to suit;

22. The Developer is to construct a 1.5 metre wide concrete ribbon footpath for the full length of the Targo Street site frontage where no existing footpath locates in accordance with the former Bundaberg City Council’s Drawing Number 13977;

23. Proposed DDA Drawing ‘Site Plan’ Drawing Number 08.002 SK-01F dated 15 October 2009 is approved as amended with respect to the provision off-street carparking, i.e. an off-street car parking and vehicle manoeuvring area for one-hundred and eight (108) new visitor parking spaces are to be provided (the existing nineteen (19) visitor parks associated with the hotel are to remain). The Developer must construct car parking, access and manoeuvring areas in accordance with Council’s specific requirements below:-(i) constructed and sealed with bitumen, asphalt, concrete or

approved pavers;(ii) line-marked into parking bays; (iii) designed to include a manoeuvring area to allow vehicles to leave

the site in a forward gear;(iv) designed to include the provision of fill and/or boundary retaining

walls to allow for the containment and management of site stormwater drainage as required;

(v) drained to the relevant site discharge point;(vi) designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities

Part 1: Off-street Car Parking’;

24. Proposed CRG Drawing ‘On-Street car parking supply analysis’ Drawing Number 08627-01 Rev A.1 is approved. Provision of on-street carparking for a minimum of fifteen (15) parking spaces is to be provided to the frontage of Targo Street in accordance with AS2890.5-1993: All linemarking and signage is to be provided. Where linemarking or signage exists it is to be modified or renewed as required at the expense of the Developer;

Finished Floor Levels

25. The finished floor level of the proposed Liquor Store shall not be less than 7.7m AHD;

Stage 2

Roadworks and Car Parking

26. The crossovers fronting George Street shall be a minimum eight (8) metre width at the site boundary and constructed in accordance with Council’s Drawing No. R-0051 (Current Version). It being noted that the landscaping strip to the adjoining lot to the east (Being Lot: 4 on RP: 351) can be reduced to a minimum width of 2 metres;

27. Removal of any obsolete bridge crossings, drainage outlets and footpath crossovers. Works are to include the reinstatement of frontage table drain and footpath profile to suit;

28. The Developer is to construct a 1.5 metre wide concrete ribbon footpath for the full length of the site frontages in George Street and Targo Street where no existing footpath locates in accordance with the former Bundaberg City Council’s Drawing Number 13977;

29. Proposed DDA Drawing ‘Site Plan’ Drawing Number 08.2002 SK-01G dated 12 October 2009 is approved as amended with respect to the provision off-street carparking, i.e. an off-street car parking and vehicle manoeuvring area totalling one-hundred and thirty-six (136) visitor parking spaces are to be provided. The Developer must construct car parking, access and manoeuvring areas in accordance with Council’s specific requirements below:-(i) constructed and sealed with bitumen, asphalt, concrete or

approved pavers;(ii) line-marked into parking bays; (iii) designed to include a manoeuvring area to allow vehicles to leave

the site in a forward gear;(iv) designed to include the provision of fill and/or boundary retaining

walls to allow for the containment and management of site stormwater drainage as required;

(v) drained to the relevant site discharge point;(vi) designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities

Part 1: Off-street Car Parking’;


30. The finished floor level of the proposed Hotel extensions shall not be less than 6.25m AHD.

End of Schedule 1

Schedule 2Assessment Manager’s Advices(Negotiated Decision Notice)


Council Reference: 322.2009.23974.1Negotiated Decision Date: 4 February 2010Applicant: Australian Leisure and Hospitality Group LimitedProperty Owner: Australian Leisure and Hospitality Group LimitedReal Property Description: Lots: 3, 5 & 7 on RP: 351, Lots: 1 & 2 on RP: 113617,

Lots: 1 & 2 on RP: 356, Lot: 21 on RP: 343, Lot: 3 on RP: 81689, Lot: 2 on RP: 78067, Lots: 1 & 2 on RP: 42729, County Cook, Parish Bundaberg

Location: 68, 70, 72, 74, 78, 80 & 82 Targo Street BUNDABERG SOUTH

Approved Use: Commercial Activity C (Hotel Extension and New Walk-in Liquor Store)

Planning Scheme: Bundaberg City (Version 2.00)Land Designation: Commercial (Local Area 4)

Development Advice

Sewerage

A. A quotation to undertake live sewer works must be requested through Council’s Development Engineer at or prior to the Operational Works Stage. Quotations are valid for a thirty (30) day period;


B. It is noted that the finished floor levels, 6.25m AHD for Hotel Extensions and 7.7m AHD for Liquor Store building have been approved below the Burnett River Flood 2% AEP flood level of 8.5m AHD at the Applicant’s request.

End of Schedule 2



Number:

2

File Number:

322.2009.26232.1


APPLICATION

Title: Development Application for Material Change of Use – Impact Assessment – Accommodation Unit (Backpackers/Itinerant Workers Accommodation) and MotelApplicant: Sunstate Hotels Pty Ltd

Owner: Sunstate Hotels Pty LtdLocation: 2 Churchill Street CHILDERSProposed Use: Development Application for Material Change of Use – Impact Assessment –

Accommodation Unit (Backpackers/Itinerant Workers Accommodation) and MotelFurther Development Permits:Concurrence Agency:Advice Agency:Date of Receipt:

Real Property Description: Lot: 1 RP: 197210, County Cook, Parish ChildersArea: 0.7038haNumber of Lots

Town Planning Zone: ResidentialSuperseded Town Planning Zone: Planning Scheme for Isis Shire Council 2007Strategic Plan Designation:Development Control Plan:Advertised:Notice of Compliance:Objections:

Resolution:

At the request of the Chairman, the Principal Planner (Coastal) addressed the meeting on the report.

Following discussion thereto - Cr Ricciardi moved, seconded by Cr Wilkinson:-

That application (Council Reference Number 322.2009.26232.1) for Material Change of Use for Accommodation Units (Itinerate Workers Accommodation) and Motel at 2 Churchill Street CHILDERS; land described as Lot: 1 RP: 197210, County Cook, Parish Childers be APPROVED with conditions and Council (acting as Assessment Manager) issue the following Decision Notice, including attachments:-

Development Application Decision NoticeApproval

Integrated Planning Act 1997 Section 3.5.15I refer to the above-described development application, received by Council on 26 August 2009. This application has been assessed by Council and approved under delegation by the Planning and Development Committee, with conditions on 4 February 2010.


Development Permit for Material Change of Use – Impact Assessable – Accommodation Units (Backpackers Itinerant Workers Accommodation) and Motel.


Concurrence Agencies: State Controlled Road MattersQueensland Department of Transport and Main RoadsPO Box 486BUNDABERG Q. 4670Tel: 07 4154 0200Fax: 07 4152 3878

Advice Agencies: N/A

3. Approved Plans



9013-03A Site Plan John Gatley Building Design

19 June 2009

9013-01A Floor Plan - Units 1-7 and Managers Residence (Amended)

John Gatley Building Design

19 June 2009

9013-02 Floor Plan - Units 8-13 John Gatley Building Design

19 June 2009




Concurrence Agencies: The Department of Transport and Main Roads, by letter dated 5 November 2009 (copy letter attached for information).

Advice Agencies: N/A

6. Conflicts with Laws and Policies and Reasons for the Decision Despite the Conflict

The Assessment Manager considers this decision conflicts with the following Planning Provisions:-N/A


The following development permits are necessary to allow the development to be carried out:-o Building Works – Assessable against the Building Codes of Australia and

the Building Regulations 2006;

8. Submissions

There was one (1) properly made submission about the application. In accordance with s 3.5.15(2)(j) of the IPA, the name and address of the principal submitter for each properly made submission are as follows:-

Name of Principal Submitter AddressN. Krause 10 Well Lane, Childers

9. Rights of Appeal




Yours faithfully


Enclosures: Schedule 1 – Assessment Manager’s Conditions;Schedule 2 – Assessment Manager’s Advices;Concurrence Agency’s Conditions;Approved Plans; Extract from the Integrated Planning Act 1997 .

cc. For Information Purposes

Department of Transport and Main Roads

PO Box 486BUNDABERG Q. 4670



Council Reference: 322.2009.26232.1Development Permit Date: 4 February 2010Applicant: Sunstate Hotels Pty LtdProperty Owner: Sunstate Hotels Pty LtdReal Property

Description:Lot 1 on RP 197210, County Cook, Parish Childers

Location: 2 Churchill Street CHILDERSApproved Use: Accommodation Units (Backpackers/Itinerant

Workers Accommodation) and MotelPlanning Scheme: Isis Shire Council Planning Scheme 2007Land Designation: Residential Zone

Development Conditions

Approved Plans

1. The proposed development is to be generally conducted in accordance with Conditions contained within this notice and the following Approved Plans;



9013-03A Site Plan John Gatley Building Design

19 June 2009

9013-01A Floor Plan - Units 1-7 and Managers Residence (Amended)

John Gatley Building Design

19 June 2009

9013-02 Floor Plan - Units 8-13 John Gatley Building Design

19 June 2009

2. The approved plans are subject to the following modifications:- (i) The above Floor Plan 9013-01A Bedrooms 1-7 are to contain a maximum

of four (4) beds. No additional/rollaway beds are to be provided to these rooms. The beds are to be labelled “single”, “double” or “bunk beds”;

(ii) The above floor plan 9013-02 Bedrooms 8-13 are to contain a maximum of six (6) beds. No additional/rollaway beds are to be provided to these

rooms. The beds are to be labelled “single”, “double” or “bunk beds”;

(iii) The above Floor Plans 9013-01A and 9013-02 are to show a minimum egress path of 900mm to the door of the bedroom for Units 1-13. There is to be no furniture blocking this path;

(iv) The above site plan 9013-03A is to be amended to include the designated outdoor smoking area, refuse storage facility and clothes drying areas;

Management

3. The premises are to be managed in accordance with a Management Plan that includes, but is not limited to the following requirements:

(i) Code of conduct;(ii) House rules;(iii) External visitor policy;(iv) Hours of use of washing machines and communal areas;(v) Noise requirements and limitations;(vi) Safety (including fire and emergency management plans)(vii) Security;(viii) Cleaning routines and procedures;(ix) Onsite alcohol limitations or ban;(x) Designated outdoor smoking areas;(xi) Refuse disposal;(xii) Maintenance program; and(xiii) Complaints mechanisms.

The management plan must be prepared by the applicant to be to the satisfaction of Council’s Planning and Development Department. Once approved, this will form part of this approval.

4. Bedrooms 1-7 are to contain a maximum of four (4) beds.

5. Bedrooms 8-13 are to contain a maximum of six (6) beds.

6. The management is to maintain a register of guests (including information on length of stay and contact details). The facility is to provide accommodation for a maximum of 64 guests at any one time.

7. The provision of a manager or supervisor, over the age of 18 years is required at all times. Guests (backpackers/itinerant workers) shall not be used as temporary managers.

8. The management plan must link the person living in the manager’s residence as the one responsible for the management of the facility. It will be the ongoing responsibility of the owners to ensure an appropriate person is employed to manage the facility in accordance with the Management Plan.

9. The managers residence is not to be used to provide accommodation to

backpackers/itinerant workers.

Bed Bugs

10. The operator must take appropriate measures to prevent / reduce the potential for bed bug infestation and transport to and from the premises. Appropriate measures are to include but should not be limited to:

(i) restricting the use of sleeping bags by travellers in rooms by displaying

appropriate multi-lingual signage and providing sealed storage for individual sleeping bags outside sleeping quarters;

(ii) providing a regular linen replacement and cleaning service; (iii) training staff on recognising the signs of bed bugs, including blood spotting

on the sheets, mattresses and walls, and bed bug identification; (iv) routinely inspecting beds in the premise for signs of bed bug activity; (v) considering the type of bed frames and mattresses used in the premise to

limit harbourage areas (i.e. metal bed frames / seamless mattresses); and(vi) conducting regular vacuuming in all areas of the rooms, especially around

skirtings and under lounges and sofas.

Should the premise become infested with bed bugs use of the effected rooms must cease until the effected rooms and rooms adjoining are treated and considered safe (by providing a certificate of treatment and written statement to the Regional Council) by a professional pest management agency.


11. Prior to commencement of use, pay Headwork Fees for Sewerage & Water Supply in accordance with Council's adopted Policy;

Headwork Fees current as at the date on this Decision Notice

Type of ContributionEquivalent Demand

(EP)

Recognised Previous

Contributions (EP)Infrastructure Contribution

Sewerage 64 20.8 $72,760.89Water Supply 64 20.8 $83.809.90

$156,570.79

Note: Council’s adopted Policy allows the value of the Headwork Fees to vary unless payment is received by Council within six (6) months of the date on this Decision Notice.

Water Connections

12. The Developer is to provide a metered service, and internal infrastructure as required, to satisfy the fire fighting and water supply demands of the proposed development;

13. Arrangements for the installation of any new metered service or removal of an existing service, are to be made with Council’s Water and Wastewater Infrastructure Planning Technical Support Section. All works are to be undertaken by Council at the Developer’s expense;

Vehicular Movement

14. Provision of an off-street car parking and vehicle maneuvering area for thirteen (13) visitor parking spaces in accordance with Council’s requirements.

15. All vehicle parking, access and maneuvering areas must be:-(i) constructed and maintained to a sealed standard with bitumen, asphalt,

concrete or approved pavers;(ii) line-marked into parking bays; (iii) designed to include a manoeuvring area to allow vehicles to leave the site

in a forward gear;(iv) designed to include the provision of fill and/or boundary retaining walls to

allow for the containment and management of site stormwater drainage as required;

(v) sign posted to indicate entry / exit points, in addition to line marking, to indicate the traffic flow through the site;

(vi) drained to the relevant site discharge point;(vii) designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities Part

1: Off-street Car Parking’;

16. All vehicles and vehicle movements associated with the use are to be accommodated onsite. In the event that buses and mini buses are required as part of the use, provision must be made for buses/mini buses to enter and leave the site in a forward direction and load/unload passenger’s onsite.

Fencing

17. The developer must construct a noise barrier fence for the length of the common boundary with Lot 3 on RP72591 extending from the Churchill Street frontage south and extending west for a distance of 5 metres (in the vicinity of the ‘shed’ on the site plan) and along the common boundary with Lot 2 on RP197210 from the Churchill Street frontage, extending for a distance not less than 55 metres.

The noise barrier fence shall be: -(i) a total height of 2.0 metres;

(ii) constructed of suitable material, with no gaps, with minimum density of 12.5kg/m2, and with consideration of the visual amenity;

(iii) embedded in the ground, with connections to any buildings and other structures to be sealed;

(iv) constructed with a 300mm wide concrete mower strip centrally located under the fence;

18. The erection of a second boundary line fence parallel to any existing boundary fence, is prohibited, thereby preventing the creation of an unmaintainable area between two fences that may attract or harbour vermin or pests;

19. Should any existing fence not comply with the requirements of this approval then the Applicant must replace said fencing in accordance with the requirements of this approval;

Lighting

20. External lighting is to be designed in accordance with AS4282-1997: ‘Control of the Obtrusive Effects of Outdoor Lighting’ so as not to cause nuisance to nearby residents or passing motorists;

Noise

21. The premises is to be managed to ensure that noise does not cause nuisance or annoyance to adjacent residents and no recorded music is to be played outside the building.

22. Any noise produced by the use is not to exceed the background noise level plus 5db(A) (6am-6pm) or background noise level plus 3db(A) (6pm-10pm) or background noise level (10pm-6am) measured as the adjusted maximum sound pressure level at any noise sensitive place;

Air Conditioners

23. Air Conditioning units shall be designed, installed, maintained, and operated so that noise emissions are within the limits imposed by the Environmental Protection Act, Regulations and Policies;

24. Condensation from air conditioning units is to be discharged to the sewerage system;

Clothes Drying Areas

25. External clothes drying facilities (fixed or free standing) must be provided for each room/unit prior to the commencement of the use.

26. Clothes drying facilities must be fully screened from view at the front property

boundary and adjoining properties.

Health Licensing

27. The design, construction and fit-out of all food premises and/or food preparation areas should be in accordance with AS:4671 - 2004, and the Food Safety Standards

28. Should the premises serve food to guests, the applicant is required to make application to the Bundaberg Regional Council for a Food Licence.

Garbage Storage Areas

29. Rubbish bin storage areas are to be fully screened from view at the Churchill Street property boundary and adjoining properties. No rubbish bins are to be stored outside the units.

Maintenance

30. The balance of the site (behind the motel buildings and extending along the rear boundaries of Lot 3 on RP72597 and Lot 1 on RP65789) is to be maintained in an orderly and tidy manner at all times and is at no time to be used for any purposes associated with the approved use (including but not limited to vehicle parking or recreation areas, unless otherwise agreed to by Council in writing.

General

31. All works are to be undertaken at the developer’s expense;

32. All Conditions contained in this Decision Notice are to be completed/complied with before the use hereby approved commences, unless otherwise stated within this notice;

End of Schedule 1

Schedule 2Assessment Manager’s Advices


Council Reference: 322.2009.26232.1Development Permit Date: 4 February 2010Applicant: Sunstate Hotels Pty LtdProperty Owner: Sunstate Hotels Pty LtdReal Property

Description:Lot 1 on RP 197210, County Cook, Parish Childers

Location: 2 Churchill Street CHILDERS

Approved Use:Accommodation Units (Backpackers/Itinerant Workers Accommodation) and Motel

Planning Scheme: Isis Shire Council Planning Scheme 2007Land Designation: Residential Zone

Development Advice

Legal

A. The relevant period for this development is in accordance with section 3.5.21 and 3.5.21A of the Integrated Planning Act 1997.

B. The applicant be advised they have twenty (20) business days after the day the decision notice is given to the applicant to appeal against the conditions of approval, in accordance with Section 4.1.27 of the Integrated Planning Act.

C. The applicant be supplied with a copy of Section 4.1.27 of the said Act.

Rates and Charges

D. In accordance with the Integrated Planning Act, all rates, charges or any expenses being a charge over the subject land under any Act shall be paid prior to the Plan of Survey being endorsed by Council;

Water

E. Sub meters will be required for:1. Units 1-7;

2. Units 8-13; and3. Manager’s residency.

F. A Master meter for the pool, landscape and tanks and sub-meters is also required.

Other Considerations

G. Environmental nuisance

As advice only under Section 15 of the Environmental Protection Act 1994, a person must not create environmental nuisance.

Environmental nuisance is unreasonable interference or likely interference with an environmental value caused by—(a) aerosols, fumes, light, noise, odour, particles or smoke;or(b) an unhealthy, offensive or unsightly condition because of contamination; or(c) another way prescribed by regulation.

H. Depositing prescribed water contaminants in waters andrelated matters.As advice only under Section 440ZG of the Environmental Protection Act 1994, a person must not deposit prescribed water contaminants.A person must not—(a) unlawfully deposit a prescribed water contaminant—

(i) in waters; or(ii) in a roadside gutter or stormwater drainage; or(iii) at another place, and in a way, so that the contaminant could

reasonably be expected to wash, blow, fall or otherwise move into waters, a roadside gutter or stormwater drainage;or Example of a place for subparagraph (iii) — a building site where soil may be washed into an adjacent roadside gutter

(b) unlawfully release stormwater run-off into waters, a roadside gutter or stormwater drainage that results in the build-up of earth in waters, a roadside gutter or stormwater drainage.

Considerations post construction

I. Air-conditionersAs advice only under Section 440U of the Environmental Protection Act 1994 the occupier of the premises must not use, or permit the use of, the air-conditioner outside of the under-mentioned parameters—

before 7:00am or after 10:00pm – less than 3dB(A) above background, between 7:00am and 10:00pm – less than 5dB(A) above background

End of Schedule 2


Number:

3

File Number:

321.2009.25184.1


APPLICATION

Title: Request for Negotiated Decision Notice (under IPA, section 3.5.17) - Development Application for Lot Reconfiguration – One into Two Lot subdivision.Applicant: Bryan Marr C/- Straughair and Bent

Owner: Bryan MarrLocation: 45 Nielson Ave, Burnett HeadsProposed Use: Request for Negotiated Decision Notice (under IPA, section 3.5.17) -

Development Application for Lot Reconfiguration – One into Two Lot subdivision.Further Development Permits:Concurrence Agency:Advice Agency:Date of Receipt:

Real Property Description: Lot 49 on SP198535, Parish Barolin, County CookArea: 1986m

2

Number of Lots

Town Planning Zone: Urban Residential ZoneSuperseded Town Planning Zone: Planning Scheme for Burnett Shire Council 2006Strategic Plan Designation:Development Control Plan:Advertised:Notice of Compliance:Objections:

Resolution:

At the request of the Chairman, the Manager Planning (Coastal & Strategic) addressed the meeting on the report.

Following discussion thereto - Cr Ricciardi moved, seconded by Cr Wilkinson:-

(A) That the Applicant be advised that Council has considered the representations contained in letters dated 14 October 2009 and 10 November 2009 regarding the conditions of Council’s Approval (321.2009.25184.1) for Lot Reconfiguration over land situated at 45 Nielson Ave, Burnett Heads described as Lot 49 on SP198535, Parish Barolin, County Cook, and dated 24 September 2009 and agrees in part with the Applicant’s representations to the extent detailed below:

Delete the Parks contribution from Condition 6;Conditions 7 and 8 – remain unchanged;Condition 9 - remain unchanged;

Conditions 11-15 - remain unchanged;Delete Condition 16;Conditions 17 and 18 - remain unchanged;.

(B) That Council issue the following Negotiated Decision Notice to the applicant: -

Negotiated Decision NoticeIntegrated Planning Act 1997 Section 3.5.17

I refer to the above-described Negotiated Decision Notice request, received by Council on 14 October 2009. This request has been assessed by Council and approved under delegation by the Planning and Development Committee held on 4 February 2010. This negotiated decision notice replaces the decision notice previously issued, dated 24 September 2009.

1. Nature of the Changes

The nature of the changes are: - Condition 6 – AmendedCondition 16 – Deleted


Development Permit for Lot Reconfiguration – Code Assessable – One to Two Lots Subdivision.


Concurrence Agencies: Nil

Advice Agencies: Conservation EstateEcoaccess Customer Service UnitDepartment of Environment and Resource ManagementPO Box 15155CITY EAST Q. 4002Tel: 1300 368 326Fax: 07 3115 9600

4. Approved Plans



4755pa Proposed Lot Reconfiguration of Lots 49 and 58

Straughair and Bent Surveyors

15 April 2009




Concurrence Agencies: N/AAdvice Agencies: The Department of Environment and Resource

Management, by letter dated 21 August 2009 (copy letter attached for information).


The Assessment Manager considers this decision conflicts with the following Planning Provisions: - N/A


The following development permits are necessary to allow the development to be carried out:-o Operational Works – Assessable against the Planning Scheme for Burnett

Shire Council 2006

9. Submissions

Not Applicable

10. Rights of Appeal




Yours faithfully


Enclosures: Schedule 1 – Assessment Manager’s Conditions;Schedule 2 – Assessment Manager's Advises; Concurrence Agency’s Conditions;Approved Plans; Extract from the Integrated Planning Act 1997 .


Ecoaccess Customer Service UnitDepartment of Environment and Resource ManagementPO Box 15155CITY EAST Q. 4002


(Negotiated Decision Notice)

Development Permit for Lot Reconfiguration – Code Assessment

Council Reference: 321.2009.25184.1Negotiated Decision Date: 4 February 2010Applicant: Bryan Marr C/- Straughair & BentProperty Owner: B W MarrReal Property

Description:Lot: 49 SP: 198535, County Cook, Parish Barolin

Location: 45 Nielson Avenue BURNETT HEADSApproved Use: One to Two Lots SubdivisionLand Designation: Urban Residential

Amended Development Conditions

Approved Plans

1. The proposed development is to be generally constructed in accordance with Conditions contained within this notice and the following Approved Plans;



4755pa Proposed Lot Reconfiguration of Lots 49 and 58

Straughair and Bent Surveyors

15 April 2009

Building

2. The boundaries for proposed Lot 58 are to be located to ensure all buildings and structures comply with the setbacks specified under the Building Regulation 2006 and the Building Code of Australia.

3. Any dwelling on the proposed Lot 49 will be required to have a minimum habitable floor height of 3.9 metres AHD.

Plan Sealing

3. All boundaries and easements associated with this approval must be contained within a single survey plan.

4. Provide a certificate signed by a licensed surveyor stating that after the completion of all works associated with the subdivision, survey marks were

reinstated where necessary and all survey marks are in their correct position in accordance with the plan of survey as of a particular date prior to Council endorsing the plan of survey.

5. Lodgement of a Final Plan of Survey for endorsement of Council’s consent on such Plan.

Payments (Fees, Bonds, Charges & Contributions)

6. Prior to sealing of a Survey Plan for Reconfiguring a Lot, pay Infrastructure Contributions for Sewerage, Water Supply, Stormwater, Transport (local and state controlled roads), Pedestrian and Cycle Ways and Parks, Recreation and Community Land in accordance with Council's adopted Policy.

Infrastructure Contributions current as at the date on this Decision Notice

Type of ContributionEquivalent

Demand (EP)

Recognised Previous

Contributions (EP)

Infrastructure Contribution ($)

Water 2 1 6,606.58 Sewerage 2 1 3,978.80 Transport - Sectoral 2 1 4,303.19 Transport - Regional 2 1 3,279.28 Transport - Pedestrian 2 1 694.84 Stormwater 2 1 1,500.00 Parks (n/a)

20,362.69

Note: Council’s adopted Policy allows the value of the Infrastructure Contributions to vary unless payment is received by Council within six (6) months of the date on this Decision Notice.

Water

7. Arrangements for the installation of any new metered service and sub-meters, or removal of an existing service, are to be made with Council’s Water and Wastewater Infrastructure Planning Technical Support Section. All works are to be undertaken by Council at the Developer’s expense;

8. The Developer is required to ensure that all internal water supply pipework and fittings connected to the existing service and building are wholly contained within the boundaries of proposed Lot 58.

Sewerage

9. For proposed Lot 58 – The applicant is to lodge a report and plan to Council prior to endorsing the survey plan, indicating the existing sewerage treatment system

on the site meets the requirements of Burnett Shire Council’s Planning Scheme Policy for On-Site sewerage Facilities and all associated infrastructure is wholly contained within the boundaries of the lot.

10. For proposed Lot 49 – At the time of lodging a Building Approval for a dwelling, an On-site Sewerage Facility is to be designed and constructed in accordance with the Burnett Shire Council’s Planning Scheme Policy for On-Site sewerage Facilities and the Department of Infrastructure and Planning - Queensland Plumbing and Wastewater Code (QPW code) – 1 January 2008 and Australian Standards (AS) 1547.2000, under the Plumbing and Drainage Act 2002 to adequately service a new dwelling. The proposed system should not encroach onto the stormwater easement.

Stormwater Drainage

11. For proposed Lot 49 – Prior to the issuing of any Building or Plumbing Approvals for a future dwelling or any structure on the site, the developer is to provide written evidence from Council’s Director of Infrastructure Services that adequate Council construction/maintenance access to the easement is available.

12. Any new earthworks or structures on Lot 49 are not to concentrate or impede the natural flow of water across property boundaries onto any adjoining lots.

13. The stormwater drainage is to be designed in accordance with Burnett Shire Council’s Stormwater Management Planning Scheme Policy such that no restriction to existing or developed stormwater flow from upstream properties or ponding of stormwater within upstream properties occurs as a result of the development.

14. Prior to the commencement of any future works the Developer must develop and submit to Bundaberg Regional Council an Erosion and Sediment Control plan that demonstrates best practice during the construction phase. This must include the installation and maintenance of temporary sediment run-off control facilities adjacent to the disturbed areas of the works site to minimise sediment run-off from the works site into the marine park. Such devices must be designed to withstand local flooding conditions.

15. Prior to commencement of any future works the Developer must develop and submit to Bundaberg Regional Council a Stormwater Management Plan for the permanent (operational) phase of the development. The Stormwater Management Plan must aim to achieve no net increase in stormwater runoff from the pre-development site. In the event an increase is unavoidable water quality improvement and infiltration devices must be implemented. The plan should include stormwater storage, re-use and quality improvement devices in line with Water Sensitive Urban Design (WSUD). WSUD measures include, but are not limited to, gross pollutant traps, sediment basins, vegetated swales and buffer strips, infiltration devices, porous paving and bio-retention systems.

Roadwork

16. Deleted

Electricity & Telecommunications

17. The Developer is to submit evidence from Ergon Energy that the Developer has reached agreement with such Corporation to provide above ground electricity reticulation mains, at their cost to each new Lot prior to the Plan of Survey being endorsed by Council.

18. The Developer is to make arrangements for the provision of underground telecommunications to the proposed Lots within the subdivision. Evidence is to be submitted that an agreement has been reached with an authorised supplier of such services, prior to the Plan of Survey being endorsed by Council.

General

19. All works are to be undertaken at the Developer’s expense.

20. All Conditions contained in this Decision Notice are to be completed/complied with prior to endorsing the survey plan, unless otherwise stated within this notice.

21. Demonstrate all existing infrastructure is wholly contained on each new lot (with required statutory setbacks) prior to endorsing the plan of survey.

End of Schedule 1


Development Permit for Lot Reconfiguration – Code Assessment

Council Reference: 321.2009.25184.1Development Permit Date: 4 February 2010Applicant: Bryan Marr C/- Straughair & BentProperty Owner: B W MarrReal Property

Description:Lot 49 on SP 198535, County Cook, Parish Barolin

Location: 45 Nielson Avenue BURNETT HEADSApproved Use: One into Two LotsPlanning Scheme: Burnett Shire Council Planning Scheme 2006Land Designation: Urban Residential Zone

Development Advice

Legal

A. The relevant period for this development is in accordance with section 3.5.21 and 3.5.21A of the Integrated Planning Act 1997.

B. The applicant be advised they have twenty (20) business days after the day the decision notice is given to the applicant to appeal against the conditions of approval, in accordance with Section 4.1.27 of the Integrated Planning Act.

C. The applicant be supplied with a copy of Section 4.1.27 of the said Act.

Rates and Charges

D. In accordance with the Integrated Planning Act 1997, all rates, charges or any expenses being a charge over the subject land under any Act shall be paid prior to the Plan of Survey being endorsed by Council;

Property Note

For proposed Lot 49 – “All owners of the land are to be advised that a stormwater easement encumbers the site and adequate access to the easement is to be maintained at all times for Council’s construction/maintenance purposes. The requirement of such may affect the siting of buildings and infrastructure on the site.”

End of Schedule 2


Minutes of the Planning & Development Committee Meeting

Meeting held: 4 February 2010


Number:

4

File Number:

322.2007.20957.2


APPLICATION

Title: Request to change an existing approval – To change the development approval other than a change to a condition (under IPA, section 3.5.24)Request to change an existing approval – To change or cancel a condition of approval (under IPA, section 3.5.33)Development Permit for Material Change of Use – Caravan ParkApplicant: G C Walters

Owner: Lake Redbrook Holdings Pty LtdLocation: Farnsfield Road FARNSFIELDProposed Use: Request to change an existing approval – To change the development approval

other than a change to a condition (under IPA, section 3.5.24)Request to change an existing approval – To change or cancel a condition of approval (under IPA, section 3.5.33)Development Permit for Material Change of Use – Caravan Park

Further Development Permits:Concurrence Agency:Advice Agency:Date of Receipt:

Real Property Description: Lot: 1300 C: 37727, County Cook, Parish Gregory, County Cook

Area: Farnsfield Road, FarnsfieldNumber of Lots

Town Planning Zone: Rural Protected (Category 1)Superseded Town Planning Zone: Planning Scheme for Isis Shire Council 2007Strategic Plan Designation:Development Control Plan:Advertised:Notice of Compliance:Objections:

Resolution:

Cr Ricciardi advised the Committee that he had previously declared a Material Personal Interest in relation to this Development Application when it was previously considered by the Committee. This interest was due to Cr Ricciardi having a contract with the Applicant at that time to build his private residence. Cr Ricciardi advised that he no longer had any contractural agreement with this builder and accordingly did not declare a Material Personal Interest at today's meeting.

At the request of the Chairman, the Principal Planner (Coastal) addressed the meeting



on the report.

Following discussion thereto - Cr Wilkinson moved, seconded by Cr Sommerfeld:-

That the request to change the existing approval for Material Change of Use (Caravan Park) at Farnsfield Road, Farnsfield; land described as Lot: 1300 C: 37727, County Cook, Parish Gregory issued by Decision Notice dated 6 June 2008 (Council Reference: 322.2007.209571.1) be approved to the extent detailed below:-

(i) Council agrees to the following minor change to the approval: a. change the site layout to combine ‘site 1’ (12 caravan sites) and ‘site 2’ (7

cabins) to utilise one on-site treatment plant; andb. changing the configuration of the on-site sewerage disposal area.

(ii) Council agrees to amend Condition 1 (Plan of Development) as follows [Note: changes are highlighted in bold italic print]:

Development is to be undertaken generally in accordance with the plans titled Site Plan and Overall Site Layout Plan prepared by The Applicant dated November 2009 and Drawings by Waterwise Gurus dated 17 March 2009 , or as modified by the conditions contained hereunder.

(iii) Council agrees to amend Condition 18 (Agricultural Buffer Strip) as follows [Note: changes are highlighted in bold italic print]:

A vegetated buffer strip of a minimum 20m width is to be provided between the cabins, caravans or camping areas where they are adjacent to intensive agricultural uses such as sugar cane or small crops. A vegetation buffer/ landscaping must also be provided, generally as identified on the approved plans of development, to assist in screening the caravan sites/ cabins from Farnsfield Road. The required buffers are to be provided and maintained in accordance with the following criteria:a. a 3.0m access strip is to be provided and maintained along property

boundaries within the buffer area;b. the balance of the buffer area shall be vegetated with random plantings of a

variety of tree and shrub species of differing growth habits, as spacings of 3-4m; and

c. species are to be selected from those listed in Schedule 5 of the former Isis Shire Planning Scheme.

(iv) The approval is subject to concurrence agency conditions imposed by the (former) Environmental Protection Agency by letter dated 19 February 2008 as amended by the Department of Environment and Resource Management Change to an existing approval Notice dated 17 November 2009:-

- and Council issue the following "Notice to Change an Existing Approval":-



Notice to Change an Existing ApprovalIntegrated Planning Act 1997

Section 3.5.25 & 3.5.33

I refer to the above-described request received by Council on 23 November 2009. Your request to change the existing approval issued by Decision Notice dated 6 June 2008 (Council Reference: 322.2007.209571.1) has been assessed by Council (the Assessment Manager) at its Planning and Development Committee Meeting of 4 February 2010 and has been approved to the extent detailed below:-

(i) Council agrees to approve the following minor change to the approval:

a. change the site layout to combine ‘site 1’ (12 caravan sites) and ‘site 2’ (7 cabins) to utilise one on-site treatment plant.

b. changing the configuration of the on-site sewerage disposal area.

(ii) Council agrees to amend Condition 1 (Plan of Development) as follows [Note: changes are highlighted in bold italic print]:

PLAN OF DEVELOPMENT

1. Development is to be undertaken generally in accordance with the plans titled Site Plan and Overall Site Layout Plan prepared by The Applicant dated November 2009 and Drawings by Waterwise Gurus dated 17 March 2009 , or as modified by the conditions contained hereunder.

(iii) Council agrees to amend Condition 18 (Agricultural Buffer Strip) as follows [Note: changes are highlighted in bold italic print]:

AGRICULTURAL BUFFER STRIP

18. A vegetated buffer strip of a minimum 20m width is to be provided between the cabins, caravans or camping areas where they are adjacent to intensive agricultural uses such as sugar cane or small crops. A vegetation buffer/ landscaping must also be provided, generally as identified on the approved plans of development, to assist in screening the caravan sites/ cabins from Farnsfield Road. The required buffers are to be provided and maintained in accordance with the following criteria:a. a 3.0m access strip is to be provided and maintained along property

boundaries within the buffer area;b. the balance of the buffer area shall be vegetated with random plantings

of a variety of tree and shrub species of differing growth habits, as spacings of 3-4m; and

c. species are to be selected from those listed in Schedule 5 of the former Isis Shire Planning Scheme.



(iv) The approval is subject to concurrence agency conditions imposed by the (former) Environmental Protection Agency by letter dated 19 February 2008 as amended by the Department of Environment and Resource Management Change to an existing approval Notice dated 17 November 2009 (copy attached).


If you have any queries please contact Alicia Otto on 1300 883 699.

Yours faithfully,

Peter ByrneChief Executive Officer

Enclosures: Approved Plans;DERM Change to an existing approval Notice;Extract from the Integrated Planning Act 1997.

CC Department Environment & Resource ManagementPO BOX 101MARYBOROUGH QLD 4650



Number:

5

File Number:

322.2008.21023.1


APPLICATION

Title: Development Application for Material Change of Use – Impact Assessment – Multiple Dwellings (3 units)Applicant: Rusco Developments Pty Ltd c/- Randall Barrington Town Planning Pty Ltd

Owner: Rusco Developments Pty LtdLocation: 124 Esplanade WOODGATEProposed Use: Development Application for Material Change of Use – Impact Assessment –

Multiple Dwellings (3 units)Further Development Permits:Concurrence Agency:Advice Agency:Date of Receipt:

Real Property Description: Lot: 1 RP: 110301, County Cook, Parish HerculesArea: 1002m²Number of Lots

Town Planning Zone: Residential A zoneSuperseded Town Planning Zone: Superseded Planning Scheme for Part of the Shire of

Isis (Woodgate and Environs)Strategic Plan Designation:Development Control Plan:Advertised:Notice of Compliance:Objections:

Resolution:

CR RICCIARDI DECLARED A CONFLICT OF INTEREST IN RELATION TO THIS ITEM STATING THAT HIS PRIVATE RESIDENCE IS SITUATED DIRECTLY OPPOSITE THE DEVELOPMENT SITE AT WOODGATE - AND LEFT THE MEETING WHILST THIS MATTER WAS CONSIDERED BY THE COMMITTEE.

At the request of the Chairman, the Principal Planner (Coastal) addressed the meeting on the report.

Following discussion thereto - Cr Sommerfeld moved, seconded by Cr Wilkinson:-

That application (Council Reference Number 322.2008.21023.1) for Material Change of Use for Multiple Dwellings (3 units) at 124 Esplanade WOODGATE; land described as Lot: 1 RP: 110301, County Cook, Parish Hercules be APPROVED with conditions and Council (acting as Assessment Manager) issue the following Decision Notice, including attachments:-

Development Application Decision NoticeApproval

Integrated Planning Act 1997 Section 3.5.15

I refer to the above-described development application, received by Council on 20 February 2008. This application has been assessed by Council and approved under delegation by the Planning and Development Committee, with conditions on 4 February 2010.


Development Permit for Material Change of Use – Impact Assessable – Multiple Dwellings (3 units).


Concurrence Agencies: Nil.Advice Agencies: Conservation Estate

Ecoaccess Customer Service UnitEnvironmental Protection AgencyPO Box 15155CITY EAST Q. 4002Tel: 1300 368 326Fax: 07 3115 9600

3. Approved Plans

Plan Number Plan Name Prepared By Date82123/P1d Site & Floor Plan Greg Pershouse & Assoc

Pty Ltd18/05/2009

82123/P2b Elevations Greg Pershouse & Assoc Pty Ltd

11/09/2009




Concurrence Agencies: N/AAdvice Agencies: Department of Environment and Resource

Management advice agency response dated 25/09/2009 (received by letter dated 22/09/2009).


The Assessment Manager considers this decision conflicts with the following Planning Provisions:-

The decision conflicts with the following codes, planning instrument, local planning instrument, State Planning Policy or Priority Infrastructure Plan.

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict.

Multiple Dwelling is included under Column V of the land use table for the Residential A zone. The proposal is therefore taken to be ‘inconsistent’ with the Residential A zoning of the subject land under the superseded Town Planning Scheme for Part of the Shire of Isis (Woodgate and Environs) [September 1984].

The subject land is included in the Mixed Development preferred land use category under the superseded Woodgate Development Control Plan (DCP). The proposal generally complies with the provisions of the superseded Woodgate DCP [April 2001].


The following development permits are necessary to allow the development to be carried out:-o Building Works – Assessable against the Building Codes of Australia Act

1975 and the Building Regulations 2006;o Plumbing and Drainage Works – Assessable against the Plumbing and

Drainage Act 2002;o Operational Works.

8. Submissions

There were 21 properly made submissions about the application. In accordance with s 3.5.15(2)(j) of the IPA, the name and address of the principal submitter for each properly made submission are as follows:-

Name of Principal Submitter AddressKjeld Andersen and Nerelle Holland 17 Oleander Court

WOODGATE BEACH QLD 4660Robyn Aydon & Roger Sellars PO Box 365

WOODGATE BEACH QLD 4660Vicky & Stephen Johnston PO Box 56

WOODGATE BEACH QLD 4660Gail Thompson 127 Esplanade

WOODGATE QLD 4660

Judith Windsor 17 Carrie StreetZILLMERE QLD 4034

John and Wendy Reeves 19 Oleander CourtWOODGATE BEACH QLD 4660

Allan, Leanne, Jake, Cody & Mikaela Shorter

20 Oleander CourtPO Box 327WOODGATE BEACH QLD 4660

Geoffrey B & Toni M Campbell 198 Campbell RoadPMB 1BIGGENDEN QLD 4621

Owen Sweeney 115 EsplanadePO Box 219WOODGATE BEACH QLD 4660

Patrick J and Glenice N Drew 116 Acacia St (cnr Fourth Av)PO Box 299WOODGATE QLD 4660

Christopher Joosen PO Box 343Woodgate Beach QLD 4660

Hilda R Danziger PO Box 91WOODGATE BEACH QLD 4660

Glen Bartlett 26 Beech CourtWOODGATE QLD 4660

Colin Ensbey 15 Willow CourtWOODGATE BEACH QLD 4660

Rold & Maya Furrer 21 Oleander CourtPO Box 530WOODGATE QLD 4660

Kevin & Lyn Plath 1a Fifth AvenueWOODGATE BEACH QLD 4660

K & L Packenas and J & L Arjona 121 EsplanadeWOODGATE BEACH QLD 4660

Helen Mills 6 Beech CourtWOODGATE QLD 4660

Barry Hopkins 12 Willow CourtWOODGATE BEACH QLD 4660

Keith and Lorelle Mattson 122 EsplanadePO Box 292WOODGATE BEACH QLD 4660

Jennifer & Barry McDuff PO Box 180WOODGATE BEACH QLD 4660

9. Rights of Appeal




Yours faithfully


Enclosures: Schedule 1 – Assessment Manager’s Conditions;Schedule 2 – Assessment Manager’s Advices;DERM Advice Agency Response;Approved Plans; Extract from the Integrated Planning Act 1997 .


Ecoaccess Customer Service UnitEnvironmental Protection AgencyPO Box 15155CITY EAST Q. 4002



Council Reference: 322.2008.21023.1Development Permit Date: 4 February 2010Applicant: Rusco Developments Pty Ltd c/- Randall Barrington

Town Planning Pty LtdProperty Owner: Rusco Developments Pty LtdReal Property Description: Lot: 1 RP: 110301, County Cook, Parish HerculesLocation: 124 Esplanade WOODGATEApproved Use: Multiple Dwellings (3 units)Planning Scheme: Superseded Planning Scheme for Part of the Shire of

Isis (Woodgate and Environs)Land Designation: Residential A zone

Development Conditions

Approved Plans

1. The proposed development is to be generally constructed in accordance with conditions contained within this notice and the following Approved Plans:

Plan Number Plan Name Prepared By Date82123/P1d Site & Floor Plan Greg Pershouse & Assoc

Pty Ltd18/05/2009

82123/P2b Elevations Greg Pershouse & Assoc Pty Ltd

11/09/2009

The approved development comprises 2 x two-bedroom units and 1 x three-bedroom unit.


2. The developer is required to contribute towards water supply and sewerage headworks in accordance with the following schedule:

Type of Contribution Equivalent Demand

Recognised Previous

Contribution

Amount

Water Supply 6ep* 3.2ep $6843.18Sewerage 8ep 3.2ep $12177.40

* includes water consumption factor 0.75 as per PSP Appendix 4.

The headworks shall be paid prior to issue of a Development Permit for Building Works. If payment is not effected within six (6) months from the day this approval takes effect, the contributions will be recalculated in accordance with Council’s Policy, including adjustments in consumer price index (CPI), current at the time of payment.

Water Supply

3. The development must be connected to Council's reticulated water supply. Design and installation of water infrastructure works must be in accordance with section 6.8.1 of Planning Scheme Policy 6/07 – Development Standards and to the satisfaction of the Council.

4. The Developer is to provide a metered service, and internal infrastructure as required, to satisfy the fire fighting and water supply demands of the proposed development;

5. Sub-meters are to be installed in accordance with the Water and Other Legislation Amendment Act 2007 ;

6. Arrangements for the installation of any new metered service and sub-meters, or removal of an existing service, are to be made with Council’s Water and Wastewater Infrastructure Planning Technical Support Section. All works are to be undertaken by Council at the Developer’s expense;

Sewerage

7. The development must be connected to Council’s reticulated sewerage system. Design and installation of sewerage infrastructure works shall be in accordance with section 6.9.1 of Planning Scheme Policy 6/07 – Development Standards and to the satisfaction of the Council. All costs for this connection shall be borne by the developer. Any alteration or upgrade to Council’s sewerage infrastructure servicing the development and necessary to connect the development is to be at no cost to Council. Any reticulated sewer lines and manholes on the property shall be covered by easements in favour of Council.

8. All live sewer work, including main replacement and any new sewer point of connection, is to be undertaken by Council at the Developer’s expense;

Access

9. The property access must be designed, constructed and maintained in accordance with Planning Scheme Policy 6/07 standard drawing no. C043-07. The access/ footpath crossings must be a minimum 3.5 metres in width.

10. The carparking and internal driveway areas must be either hard-surfaced or provided with porous/ permeable paving, and must be designed, constructed and maintained to Council’s satisfaction. The driveway is to be generally as shown on the approved plan of development and shall widen, where necessary, to facilitate all necessary vehicle manoeuvres on-site such that vehicles enter and leave the site in a forward direction.

Car Parking

11. On-site car parking must be provided and maintained generally as shown on the approved plan of development. The car parking areas are to be designed in accordance with AS/NZS 2890.1 – 2004 ‘Parking facilities – Off-street car parking’, to the satisfaction of Council.

Roadworks

12. The developer is required to widen Fourth Avenue and the Esplanade on the development side only, where necessary to achieve a lane width of 3.5 metres measured from the centreline/ crown of the road. A 230mm x 230mm edge restraint shall be provided to the edge of the bitumen seal, designed to lie flush with the level of the road. The edge beams are to be extended and designed so as to connect with the existing concrete kerb at the Esplanade/ Fourth Avenue intersection. Any existing kerbing made redundant by the required works shall be removed. The required works are to be designed and constructed to the satisfaction of Council’s Manager, Sustainable Development.

Stormwater Drainage

13. A stormwater drainage system must be provided to effectively drain all stormwater falling on and coming to the proposed development to a lawful point of discharge. Stormwater and drainage infrastructure is to be provided, designed and constructed in accordance with Planning Scheme Policy 6/07 – Development Standards and the Queensland Urban Drainage Manual. The post-development Q100 peak design discharge must be limited to the Q100 peak discharge that would occur from a development that meets the maximum site coverage allowed for a single detached dwelling (as per QUDM). This can be achieved by detention, infiltration or a combination thereof.

14. The applicant must provide and maintain permanent stormwater quality control devices on-site for the purpose of trapping gross pollutants (including the collection of rubbish, sediment and oil separation) from the driveways, car parking and hard standing areas prior to discharge from the site. Details of proposed stormwater quality control measures are to be submitted to and approved by Council as part of the operational works. The facilities are to be maintained and operated by the landowner/s or body corporate in accordance with manufacturer’s recommendations.

Engineering Plans

15. Any on-site works associated with but not limited to vehicular access, carparking, stormwater drainage, water supply works, sewerage works and any works required in the road reserve, shall not be commenced until plans and specifications have been prepared and certified by a Civil Engineer registered with the Board of Professional Engineers of Queensland and are submitted to and approved by Council. The execution of the works shall be supervised by a Civil Engineer registered with the Board of Professional Engineers of Queensland. Engineering fees for checking, oversighting and/or supervision of any such works shall be payable to Council by the developer in accordance with Council’s adopted fees and charges.

Landscaping

16. A detailed landscape plan must be submitted to and approved by Council as part of any application for operational works. The landscape plan is to be based on the conceptual landscaping shown on the approved site plan and must include screen planting to soften building presentation to the street and adjoining properties. The following details are to be submitted in association with the landscape plan:(a) Paving treatments of vehicular and pedestrian areas;(b) External lighting of driveways and common open space areas;(c) Fencing height, style and colour;(d) 'Entry statement' treatments and name proposed for the development;(e) Details of any sign associated with the development. (f) Letter boxes;(g) Screening/landscaping of refuse container storage areas and clothes drying

areas as relevant.(h) Establishment detail such as layout, growth media, mulch, plant species,

irrigation systems, etc. Species should include those indigenous to Woodgate.

Landscaping must not extend beyond the property boundary so as to restrict visibility of entering and exiting vehicles. Landscaped areas adjoining the car parking area are to be protected from vehicular encroachment by wheel stops, kerbing or similar barrier approved by Council.

Fencing

17. The provision of a 1.8 metre high solid screen fence along the side and rear boundaries of the site, commencing from the front boundary of the subject property, where such fencing does not currently exist. From the front building line of the structure to the front boundary of the site such fencing may be reduced to a height of 1.2 metres. The total cost of this new fencing is to be met by the developer.

18. Screen fencing must contain no gaps so that the privacy of adjoining residents is protected. Where timber paling fences are proposed, the palings are to be overlapped to allow for the natural shrinkage of the timber.

19. The erection of a second boundary line fence parallel to any existing boundary fence, is prohibited, thereby preventing the creation of an unmaintainable area between two fences that may attract or harbour vermin or pests.

20. Should any existing fence provide insufficient screening then the Applicant may, by agreement with the owner/s of the neighbouring property, replace the existing fence wholly at the developer’s expense. Any replacement fence must comply with the requirements of this approval.

21. Should any existing fence not comply with the requirements of this approval then the Applicant must replace said fencing in accordance with the requirements of this approval.

Privacy

22. The developer shall provide fixed external privacy screens to the upper level windows as identified on the approved plans of development, and to the southern alignment of the upper level deck of Unit 1, to limit the potential for overlooking of adjoining properties. The fixed external screens must be a maximum of 25% open, constructed of durable materials of a suitable design and colour to blend in with the development, and shall be maintained by the relevant unit owner/ body corporate. Details of the proposed privacy screens are to be submitted to and approved by Council prior to the issue of any development permit for building works.

Addressing

23. Each unit is to be numbered with the number to be displayed in a position clearly visible from the access driveway. Such numbering shall be visible at night with positioning having regard to exterior lighting of unit entries.

Amenity

24. All air conditioning and refrigeration units must be enclosed or screened using landscaping or materials consistent with that elsewhere in the building.

25. Noise from commercial plant (air-conditioning and refrigeration units) must not exceed 5dB(A) between 7.00am and 10.00pm and 3dB(A) between 10.00pm and 7.00am, above the background ambient noise level, measured at the boundaries of the subject site (measured as the LAmax,adj,T

parameter).

26. All night and outdoor lighting must be designed, constructed and operated to

ensure that light emitted from the subject land does not exceed the limits stated in Australian Standard AS4282 ‘Control of the Obtrusive Effects of Outdoor Lighting’.

Waste Management

27. Waste management (storage, screening, collection etc.) is to be undertaken in accordance with the Environmental Protection (Waste Management) Regulation 2000 and to the satisfaction of Council’s Manager, Waste & Recycling, at no cost to Council. No wastes or rubbish are to be burnt on-site.

28. The Developer is to provide a sufficient area/s for the storage of waste bins. This area is to be sealed, screen fenced and designed so as to prevent the release of contaminants to the environment.

Clothes Drying

29. Each unit must be provided with an external clothes drying facility at ground level, within each unit’s private open space. Clothes drying facilities must be fully screened from view at the property boundary.

Filling

30. The applicant shall advise Council of any lot filling to be undertaken. Details of the extent of lot filling shall be submitted with the ‘as constructed’ plans on completion of the works. Any lot filling shall be constructed in accordance with the Isis Shire ‘Excavation and Filling Code’ and certified by a registered professional engineer in the State of Queensland.

Acid Sulfate Soils

31. The applicant has not undertaken an investigation into the potential for encountering acid sulphate soils (ASS). A report in accordance with State Planning Policy 2/02 ‘Planning and Managing Development Involving Acid Sulfate Soils’ is required as excavation is proposed below RL5.0. Notwithstanding the requirement for a report on ASS, material being removed from the site should be monitored for ASS and, should the proposed development result in the disturbance of ASS, an appropriate management plan will be required in accordance with the Planning Guideline for State Planning Policy 2/02. Such information is to be submitted with any application for operational work.

Building Approval

32. Building approval, as required by the Building Act 1975 and the Building Code of Australia, shall be obtained in respect of any building work in relation to this approval (including demolition or removal of existing buildings) before any building work is commenced.

Telecommunications and Electricity Infrastructure

33. The development shall be provided with an underground subscriber connection to electricity and telecommunications infrastructure, to the satisfaction of the relevant service providers. The electricity supply shall be designed and installed to allow connection to any future underground electricity infrastructure provided in the vicinity of the site.

Site Development

34. The Developer or any of his agents, contractors or servants shall not commence construction work on the site on any day before 6:30am, nor continue any such work after 6:00pm, nor shall they undertake any construction work on a Sunday or Public Holiday without the prior approval of Council. Adequate precautions, to the satisfaction of the Council shall be taken to ensure dust, noise or odours do not cause annoyance to adjacent sites or dwellings during construction on the site. This may mean the cessation of work during periods of adverse climatic conditions or until rectification of the nuisance, if directed by Council.

The applicant or any of his agents, contractors or servants shall ensure full compliance with Workplace Health and Safety Act and Regulations with particular additional attention to site safety when there is no construction personnel on site.

Services and Reinstatement

35. The applicant shall meet the cost of all alterations to public utilities, mains and services made necessary in connection with any of the works arising from this approval and shall restore and reinstate all roads to the satisfaction of the Council when such works have been carried out.

General

36. All works are to be undertaken at the Developer’s expense.

37. All conditions contained in this Decision Notice are to be completed/complied with before the use hereby approved commences, unless otherwise stated within this notice.

End of Schedule 1



Council Reference: 322.2008.21023.1Development Permit Date: 4 February 2010Applicant: Rusco Developments Pty Ltd c/- Randall Barrington

Town Planning Pty LtdProperty Owner: Rusco Developments Pty LtdReal Property Description: Lot: 1 RP: 110301, County Cook, Parish HerculesLocation: 124 Esplanade WOODGATEApproved Use: Multiple Dwellings (3 units)Planning Scheme: Superseded Planning Scheme for Part of the Shire of

Isis (Woodgate and Environs)Land Designation: Residential A zone

Development Advice

A. Sub-meters should be located so that if the proposed development is to be subdivided by Community Title they will be located within a Common Property area.

B. The relevant period for this development is in accordance with Section 3.5.21 and 3.5.21A of the Integrated Planning Act 1997 .

C. This Development Approval does not authorise any activity that may harm Aboriginal cultural heritage. Under the Aboriginal Cultural Heritage Act 2003 you have a duty of care in relation to such heritage. Section 23(1) provides that “a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. Council does not warrant that the approved development avoids affecting Aboriginal cultural heritage. It may therefore be prudent for you to carry out searches, consultation, or a cultural heritage assessment to ascertain the presence or otherwise of Aboriginal cultural heritage. The Act and the associated duty of care guidelines explain your obligations in more detail and should be consulted before proceeding.

D. A Building Permit will be required to remove or demolish any structures from the site.

End of Schedule 2



Number:

1

File Number:

Part:

R - MEETING CLOSE

Subject:

Meeting Close


Resolution

There being no further business - Cr Sommerfeld declared the meeting closed at 9.43 am.

Confirmed this Eighteenth day of February 2010.

___________________________________________CHAIRMAN

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