COMPILED DECISION NOTICE - planning.mackay.qld.gov.au · COMPILED DECISION NOTICE Sustainable...

COMPILED DECISION NOTICE Sustainable Planning Act

YOUR REF:- MJ: BR: 4HRP247

OUR REF:- DA-2009-274/B

29 November 2012 Damien Kinsey C/- Cardno HRP PO Box 244 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE

Applicant: Damien Kinsey Proposal: Request for Permissable Change – Change of Conditions

Material Change of Use - General Industry (Storage of Cars) Application Number: DA-2009-274/B Address: 2-4 Success Street, PAGET QLD 4740 Property Description: Lot 133 on SP107863

Your request lodged on 4 October 2012 under section 369 of the Sustainable Planning Act (2009) for a Change of Conditions to DA-2009-274/DA-2009-274/A, approved on 2 October 2009 & 24 January 2011 respectively, was considered by Council’s Manager Development Assessment. Acting under delegated authority on 29 November 2012, your request was approved and a Compiled Decision Notice has been prepared in this instance as a courtesy. The following amendments have been made to the original Conditions of Approval: 1. Condition 1:

Plan of Development

The approved Material Change of Use - General Industry (Warehousing and Storage of Shipping Containers and their associated contents and the Storage of Cars) development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below)

This is a Mackay Regional Council Digitally Signed Document


and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Job Number

File Name Revision

Title Prepared by Date

09NQ087 N/A

09NQ087-001 N/A

Nil Sketch 1

Humphrey Reynolds Perkins North Queensland Cardno HRP

30 June 2009 N/A

2. Condition 2:

Amended Plans Required Prior to the commencement of the works on the subject site lodgement of the Operational Works Application, the approved plans of development must be amended to comply with the following matters:

The positioning of the shipping containers adjacent the southern boundary is to be revised in line with the necessary landscaping required as per Condition 12. The shipping containers may abut the landscaping but must allow for the necessary 2 metres.

a) The hardstand area in accordance with condition 9 must be identified;

b) The indicative bio-retention area must be identified. Note that the bio-retention area must not be included within any of the landscape areas required as part of conditions 15 and 16.

The amended plans must be submitted to Council for approval.

3. Condition 5

Notice of Intention to Commence the Use Prior to the commencement of the use on the site, Within forty (40) business days of the Operational Works application being approved, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).



4. Condition 6

Period of Temporary Use The approved use shall cease at the expiration of three (3) years from this

approval taking affect.

Damage Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

5. Condition 7

Invert Crossing The existing concrete access in Success Street is to be extended 5 meters into the site and constructed as a dished profile (see attached SK1). Compliance with Council Standards All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard drawings and standard specifications.

6. Condition 8

Damage Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately. Lapsing of Development Permit

The approved use will lapse if: a) A properly made Operational Works application has not been lodged

with Council within sixty (60) business days from the date of this approval, inclusive of a Site Based Stormwater Management Plan & Landscape Plan;

b) All conditions of approval, inclusive of the payment of Infrastructure Charges and submission of the Notice of Intention to Commence the Use (as outlined in condition 5), have not been complied with/paid/handed in, in full, within forty (40) business days of the Operational Works application being approved.



7. Condition 9 Cyclone Management Plan

Safety measures must be taken to ensure the safe storage of the containers in cyclonic events. A Management Plan must be put in place to implement the recommendations of the Becker Rosier report of 19 June 2009 and the plan must be implemented when a Cyclone Watch is declared for the Mackay Region. A copy of this plan is to be submitted to Council for Council Records within 4 weeks of the date of this approval. Hardstand Area The entire site, with the exception of any landscaped areas, must be sealed to, at a minimum, a bitumen seal standard. Details of this seal must be provided with the Operational Works Application and agreed to by Council.

8. Condition 10

Ponding and Diversion of Stormwater Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining. Access Access to the site must be from the existing invert crossing in Success Street.

9. Condition 11

On Site Swale Drain A grassed swale drain is to be constructed within the site across the Success

Street frontage to direct stormwater to the existing drainage pit located in the south west corner of the site (see attached SK1).



Stormwater Drainage

Stormwater from the site shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. The stormwater discharge point is the existing stormwater field pit (GP1/2) in the south-western corner of the site (see attached WS Group drawing 9487-C40).

10. Condition 12

Landscape Plan Required A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted within 4 weeks of the date of this approval. The plan must show for all areas identified on the approved plan of development. Additionally, a 2 metre wide continuous landscaping strip is to be positioned along the southern boundary. The landscape plan should at a minimum address the following: Landscape specification of sufficient detail so that landscape works

are to be carried out; Plant schedule detailing number of plants, species, pot size and

height at planting; Details of soil and mulch types, including depths, areas of turf, garden

edges and paving finishes; the details of the irrigation system. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping. Ponding and Diversion of Stormwater Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

11. Condition 13

Height of Stacked Containers

The shipping containers immediately adjacent Success Street and the southern boundary shall not be stacked more than one container high at any time.



Site Based Stormwater Management Plan – “High Risk”

Council’s Stormwater Quality Risk Classification has classified this development as ‘High Risk’ as defined Mackay City Council’s Engineering Design Guidelines - Soil and Water Quality Management – Planning Scheme Policy No.15.07.

The Site Based Stormwater Management Plan must be submitted to

Council for approval at the time of the submission of the Operational Works Application. Assessment of the other components of the Operational Works Application cannot be finalised until the SBSMP is approved. If required, Stormwater Quality Improvement Devices must be located within the site and must be of a private nature.

12. Condition 14

Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with the Operational Works Application. The plan must show for all areas identified in conditions 15 and 16, the following:

a) Landscape specification of sufficient detail so that landscape works

are to be carried out;

b) Plant schedule detailing number of plants, species, pot size and height at planting;

c) Details of soil and mulch types, including depths, areas or turf,

garden edges and paving finishes; and

d) The details of the irrigation system. 13. Condition 15 Landscaping

A two (2) metre wide landscape strip must be planted along the entire western boundary of the site, with the exception of the one (1) vehicular access point. Note that this is inclusive of the south-western boundary.



14. Condition 16 Landscaping – Lot 904 on SP107863 a) Lot 904 must be planted with a five (5) metre wide landscape buffer.

This landscape buffer must provide a continuous (no gaps) vegetated strip where the vegetation is not less than two (2) metres high at the northern boundary of the lot with lower shrubs in between this vegetation and the southern boundary;

b) Bollards must be installed along the south and south-western boundaries of the lot to ensure vehicles cannot park within this lot. Details of the bollards must be included in the Operational Works Application.

15. Condition 17

Completion of Landscaping All of the landscaping works must be completed within forty (40) business days of the Operational Works application being approved.

16. Condition 18

Protection of Landscape Areas from Car Parking Storage Area

The landscaped areas adjoining the car parking storage area must be protected from vehicles by a 125mm high vertical concrete kerb or similar obstruction.

17. Condition 19

Fencing Security fencing along the southern, eastern and western boundaries must be constructed of a visually appealing material other than plain chain wire fencing. Minimum acceptable material is coloured/powder coated chain wire fencing.



18. Condition 20

Refuse Storage Area Any refuse storage area/s on the site must be screened so as not to be visible from Success Street and Boundary Road East.

19. Extension of Timeframe (Conditions 5 & 8) - Assessment Managers

Advice

Council has granted reasonable timeframes for the approvals and works required to be obtained and undertaken in order to comply with conditions 5 & 8. These timeframes have been provided to remove the need for any extensions to be granted by Council.

However, should an extension in time be required, a Permissible Change application requesting that these conditions be changed to reflect an extended period of time must be submitted to Council, for Council’s consideration. Any such application must be accompanied by the applicable fee and include detailed justification for why, given the extended timeframes that have been given combined with the lack of compliance with conditions thus far, Council should grant any extension.

20. Adopted Infrastructure Charges Notice – Assessment Manager Advice

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached.

Note that as no definitive figure was provided on the plans or within the response to the Information Request, the impervious area of 1,523m² was estimated based on a mark-up of an aerial photograph and the provided plan. As a result, this figure may need to be refined. Upon receiving an amended plan of development which shows this area more definitely and with Council’s agreement on the method of calculation, an amended AICN will be issued with a revised impervious figure, if necessary.



CHARGE CALCULATION

Charge Category

Adopted Infrastructure

Charge Demand Units

No. of Demand

Units Charge Amount

Industry (High Impact)

$70 M2 Gross Floor

Area (GFA) 0 Nil

$10 M2 Impervious

Area 1523 $15,230.00

Gross Charge Amount Total $15,230.00 CREDIT CALCULATION

Charge Category

Credit Unit Value of Credit Unit/previously

paid

No of Credit Units

Applied Credit Amount

Industry (High

Impact)

Parks (Per Lot)

$2,250 1 $2,250.00

Water (ET/ha)

$1,995 1.94 $3,879.30

Sewerage (ET/ha)

$2,2120 1.94 $4,112.80

Stormwater/ drainage (Per ha)

$15,290 0.1617 $2,472.40

Applied Credit Amount Total $12,714.50 NET CHARGE SUMMARY Gross Charge Amount Applied Credit Amount Net Charge Amount

$15,230.00 $12,714.50 $2,515.50

Please find enclosed the above Decision Notice with the relevant attachments: Compiled Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval, a separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information please contact Matthew Ingram



Application Number: DA-2009-274/B

Date of Decision: 29 November 2012

1. APPLICANT/S DETAILS

Name: Damien Kinsey

Postal Address: C/- Cardno HRP

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 2-4 Success Street, PAGET QLD 4740

Property Description: Lot 133 on SP107863

3. OWNER’S DETAILS

Louis J Kinsey & Maxine Kinsey 4. PROPOSAL Request for Permissable Change - Material Change of Use - General

Industry (Storage of Cars) 5. DECISION TYPE

DEVELOPMENT DECISION

Request for Permissable Change - Material Change of Use - General Industry (Storage of Cars)

Approved in Full subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: Conditions 1, 2 & 5 have been amended; Conditions 6 - 13 have been deleted and replaced; Conditions 14 - 20 have been added Assessment Managers Advice Points 1 & 9 have been added

7. IDAS REFERRAL AGENCIES

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

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

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

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Operational Works - Compliance Permit Operational Works Construction - Compliance Certificate

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

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

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

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



15. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

29-11-12

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2009-274/B Applicant’s Name: Damien Kinsey Decision Date: 29 November

Page 1 of 6

1. Plan of Development

The approved Material Change of Use - General Industry (Storage of Cars) must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Job Number

Revision Title Prepared by Date

N/A N/A Sketch 1 Cardno HRP N/A 2. Amended Plans Required

Prior to the lodgement of the Operational Works Application, the approved plan of development must be amended to comply with the following matters: a) The hardstand area in accordance with condition 9 must be identified;

b) The indicative bio-retention area must be identified. Note that the bio-

retention area must not be included within any of the landscape areas required as part of conditions 15 and 16.

The amended plans must be submitted to Council for approval.

3. Maintenance of Development

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

4. Conflict between plans and written conditions

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

5. Notice of Intention to Commence the Use

Within forty (40) business days of the Operational Works application being approved, written notice must be given to Council that the use (development and/or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).

6. Damage

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



Page 2 of 6

7. Compliance with Council Standards

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

8. Lapsing of Development Permit The approved use will lapse if:

a) A properly made Operational Works application has not been lodged with Council within sixty (60) business days from the date of this approval, inclusive of a Site Based Stormwater Management Plan & Landscape Plan;

b) All conditions of approval, inclusive of the payment of Infrastructure Charges and submission of the Notice of Intention to Commence the Use (as outlined in condition 5), have not been complied with/paid/handed in, in full, within forty (40) business days of the Operational Works application being approved.

9. Hardstand Area

The entire site, with the exception of any landscaped areas, must be sealed to, at a minimum, a bitumen seal standard. Details of this seal must be provided with the Operational Works application and agreed to by Council.

10. Access

Access to the site must be from the existing invert crossing in Success Street. 11. Stormwater Drainage

Stormwater from the site shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. The stormwater discharge point is the existing stormwater field pit (GP1/2) in the south-western corner of the site (see attached WS Group drawing 9487-C40).

12. Ponding and Diversion of Stormwater

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



Page 3 of 6

13. Site Based Stormwater Management Plan – “High Risk” Council’s Stormwater Quality Risk Classification has classified this

development as ‘High Risk’ as defined Mackay City Council’s Engineering Design Guidelines - Soil and Water Quality Management – Planning Scheme Policy No.15.07.

The Site Based Stormwater Management Plan must be submitted to Council

for approval at the time of the submission of the Operational Works application. Assessment of the other components of the Operational Works application cannot be finalised until the SBSMP is approved. If required, Stormwater Quality Improvement Devices must be located within the site and must be of a private nature.

14. Landscape Plan Required A detailed site and footpath landscaping plan must be prepared by a qualified

Landscape Designer and must be submitted with the Operational Works application. The plan must show for all areas identified in conditions 15 and 16, the following:

a) Landscape specification of sufficient detail so that landscape works are to

be carried out;

b) Plant schedule detailing number of plants, species, pot size and height at planting;

c) Details of soil and mulch types, including depths, areas or turf, garden

edges and paving finishes; and

d) The details of the irrigation system.

15. Landscaping

A two (2) metre wide landscape strip must be planted along the entire western boundary of the site, with the exception of the one (1) vehicular access point. Note that this is inclusive of the south-western boundary.

16. Landscaping – Lot 904 on SP107863

a) Lot 904 must be planted with a five (5) metre wide landscape buffer. This landscape buffer must provide a continuous (no gaps) vegetated strip where the vegetation is not less than two (2) metres high at the northern boundary of the lot with lower shrubs in between this vegetation and the southern boundary;

b) Bollards must be installed along the south and south-western boundaries of the lot to ensure vehicles cannot park within this lot. Details of the bollards must be included in the Operational Works application.



Page 4 of 6

17. Completion of Landscaping

All of the landscaping works must be completed within forty (40) business days of the Operational Works application being approved.

18. Protection of Landscape Areas from Car Parking Storage Area

The landscaped areas adjoining the car parking storage area must be protected from vehicles by a 125mm high vertical concrete kerb or similar obstruction.

19. Fencing

Security fencing along the southern, eastern and western boundaries of the site must be constructed of a visually appealing material other than plain chain wire fencing. Minimum acceptable material is coloured/powder coated chain wire fencing.

20. Refuse Storage Area

Any refuse storage area/s on the site must be screened so as not to be visible from Success Street and Boundary Road East.

ASSESSMENT MANAGER’S ADVICE 1. Extension of Timeframes (Condition 5 & 8)

Council has granted reasonable timeframes for the approvals and works required to be obtained and undertaken in order to comply with conditions 5 & 8. These timeframes have been provided to remove the need for any extensions to be granted by Council. However, should an extension in time be required, a Permissible Change application requesting that these conditions be changed to reflect an extended period of time must be submitted to Council, for Council’s consideration. Any such application must be accompanied by the applicable fee and include detailed justification for why, given the extended timeframes that have been given combined with the lack of compliance with conditions thus far, Council should grant any extension.

2. Local Laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.



Page 5 of 6

3. Hours of Work

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

4. Dust Control

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

5. Sedimentation Control

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

6. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

7. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

8. Contaminated Land

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



Page 6 of 6

9. Adopted Infrastructure Charges Notice Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached. Note that as no definitive figure was provided on the plans or within the response to the Information Request, the impervious area of 1,523m² was estimated based on a mark-up of an aerial photograph and the provided plan. As a result, this figure may need to be refined. Upon receiving an amended plan of development which shows this area more definitely and with Council’s agreement on the method of calculation, an amended AICN will be issued with a revised impervious figure, if necessary.


5m 26.11m

30.61m 6.76m

5m

5.8m 2m

2m

Landscaping

Storage Area – Road base finish

N 10m

No Standing Sign

No Standing Sign


matthewi

Typewritten Text

matthewi

Typewritten Text

SKETCH 1

matthewi

Manual DA & Date

matthewi

Amendment Required


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

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

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

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

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

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

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

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

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

response notice about the request;

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

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

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

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

the decision on the matter should have been made.



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

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

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

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

the decision is given to the person.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2009-274/B

Date of Approval 29 November 2012

Approved Request for Permissable Change - Material Change of Use - General Industry (Warehousing and Storage of Shipping Containers and their Associated Contents and Storage of Cars)

Location 2-4 Success Street, PAGET QLD 4740

Property Description Lot 133 on SP107863 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Damien Kinsey Address: C/- Cardno HRP PO Box 244 MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


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