COMPILED DECISION NOTICE - MasterView 2.0 … · and a Compiled Decision Notice has been prepared...

COMPILED DECISION NOTICE Sustainable Planning Act

YOUR REF:- BR:11NQ155 OUR REF:- DA-2007-551/A

15 February 2012 Yanjian Group (Mackay) Pty Ltd C/- Cardno Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740 Dear Sir/Madam COMPILED DECISION NOTICE Applicant: Yanjian Group (Mackay) Pty Ltd Proposal: Request to Change Development Approval - Material Change

of Use from Dwelling Houses and Laundromat to 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA)

Application Number: DA-2007-551/A Address: 41 Macalister Street and 232, 240 & 250 Alfred Street,

MACKAY QLD 4740 Property Description: Lot 1 on RP700773, Lot 2 on RP700773, Lot 3 on RP700773

and Lot 4 on RP700773 Your request for a Change of Conditions, lodged on 21st September 2011, to amend DA-2007-551 approved on 14th May 2008, was considered by Council under section 369 of the Sustainable Planning Act. Acting under delegated authority on 8th February 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: Proposal Description Multi-level, Mixed Commercial, Shop, Catering Shop & Motel Premises (140 rooms) 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) 1. Plan of Development

The approved Multi-level Motel Premises (140) rooms, Commercial Premises, Shop and Catering Shop 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) must be completed and maintained generally in accordance with the Plans 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.

This is a Mackay Regional Council digitally signed document.


Drawing Number Title Prepared by Date 3144_DA-00 Title Page Nettleton Tribe 19.12.2011

3144_DA-01 Ground Level Plan Nettleton Tribe 19.12.2011

3144_DA-02 Basement Level Plan Nettleton Tribe 19.12.2011

3144_DA-03 Level 1 Plan Nettleton Tribe 19.12.2011


3144_DA-05 Podium Level Plan Nettleton Tribe 19.12.2011

3144_DA-06 Typical Level Plan Nettleton Tribe 19.12.2011


3144_DA-08 Plant Level Plan Nettleton Tribe 19.12.2011

3144_DA-09 Perspective View Nettleton Tribe 19.12.2011

3144_DA-10 South Elevation Nettleton Tribe 19.12.2011

3144_DA-11 West Elevation Nettleton Tribe 19.12.2011

3144_DA-12 North Elevation Nettleton Tribe 19.12.2011

3144_DA-13 East Elevation Nettleton Tribe 19.12.2011

3144_DA-15 Section A-A Nettleton Tribe 19.12.2011

3144_DA-16 Section B-B Nettleton Tribe 19.12.2011

3144_DA-19 Development Summary Nettleton Tribe 19.12.2011 3144_DA-20 GFA Summary Nettleton Tribe 19.12.2011

2. Amended Plans Required

Prior to the lodgement of Operational Works Approval the approved plans of development must be amended to comply with the following matters:

a) A schedule of external building materials and colours. All external building materials

must be non-reflective. b) The roof floor plan must be amended to show the location of the water break tanks.

The water break tanks must not be visible or add additional height to the roof area. c) The northern and eastern elevations of the podium (Ground floor and levels 1

and 2) must be amended to provide articulation and visual interest as these elevations will be visible above the existing buildings located adjacent to the site. The use of colours, shading and patterns are options to be considered.

d) Provision of a full width awning of the footpath for the full length of the property

frontage with Alfred and Macalister Streets. The awnings are to be designed in accordance with ‘S4’ of the Retail and Commercial Code of the Mackay City Planning Scheme.

e) Provision must be made for secure storage of bicycles on site.



f) Provision of footpath works external to the development site must be undertaken

in lieu of provision of car parking in accordance with Schedule 2 of the Mackay City Planning Scheme. Full width concrete footpaths (in accordance with Council Plan No. A3-989B) must be constructed from the boundary of the development site:

along the eastern side of Macalister Street to Gordon Street, and along the northern side of Alfred Street to Gregory Street.

These works are to be approved as part of the application for Operational Works and completed prior to the commencement of the approved use.

The amended plans must be submitted to Council for endorsement and then will form part of this Development Permit.

5. Transport Network Contributions

A transport network contribution must be paid in accordance with Councils Policy on Transport Network Contributions. The transport network contribution will be applied based on an additional 1,154.48 vehicle movements per day (vpd’s)

6. Parkland Contribution

A parkland contribution must be paid in accordance with the Council’s Policy on Developer Contributions for Parkland. The parkland contribution will be applied based on an additional 216.6 EP’s with a credit of 11.2 EP’s taken into consideration.

7. Water and Sewerage Headworks

Headworks contributions for Water Supply and Sewerage Services must be paid in accordance with Council’s Policy on Developer Contributions for Water Supply and Sewerage Services. Headworks will be applied based on an additional 67.35 ET’s.

8. Contributions Payment Timing

All contributions and charges must be paid at the rate applicable at the date of issue of the Operational Works Approval.

9. Infrastructure Agreement

Prior to the issuing of Operational Works Approval, the developer must enter into a Infrastructure Agreement with Council in relation to a partial contribution to the upgrade and construction of the Alfred Street and Macalister Street intersection. The agreement will determine the payment and the timing of the partial contribution by the developer in accordance with the Council’s Standard Infrastructure Agreement documentation.



10. Use of Motel

The ‘Motel’ facilities shall be provided for the use of bona fide travellers and not for permanent residential occupation or for multiple dwelling unit use. The length of occupation by any person (other than a direct employee of the operator of the premises) shall be limited to a continuous period of not more than 30 calendar days within any period of 180 calendar days. The operator of the premises shall do everything practicable to ensure that this condition is complied with. The developer shall not enter any lease arrangement or sell any of the apartments for use other than ‘temporary accommodation’ as defined in this condition.

12. The developer shall make satisfactory arrangements with Council’s Health & Regulatory

Services Section regarding the provision of refuse collection services to the development. 13. All refuse bins are to be located in the area identified as “Refuse Room” on approved Plan

No. “618 3144_DA-01” December 07 dated 19.12.2011 titled “Ground LevelFloor Plan”. Refuse bins are to be collected by Council’s refuse vehicles via the “Loading Bay” area of the development. This area shall also incorporate a water connection to facilitate wash-down of this area and must be maintained to the satisfaction of Council.

The developer must make satisfactory arrangements with Water & Waste Services for the collection of residential and commercial refuse in accordance with Council Policy No. 53 – Waste Collection Services. The arrangements must include the size, type and number of refuse bins, and the method of coordinating the onsite collection of refuse bins. Refuse bins are only to be moved from the refuse bin storage area on the days that refuse is collected. Refuse bins are to be moved from this area to the designated refuse bin collection point. Once the refuse is collected, all refuse bins must be moved back again to the refuse bin storage area on the days that refuse is collected so as to not impede onsite traffic movement. It is the responsibility of onsite management to ensure that refuse bins placed at the collection point do not cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

15. Construction of Car Parking Areas

The car parking areas shall be constructed, sealed, linemarked and drained for a minimum of 175 158 car parking spaces in accordance with the approved plan and maintained thereafter. The car parking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS 2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles. Car parks labelled ‘small car’ on the plan of development are to be in accordance with AS/NZS 2890.1 - 2004 Section 2.4. The number of ‘small car’ car parks must be reduced in number. The car parks annotated on the attached plans must be amended to be a standard size car park in accordance with the class defined in this condition and in accordance with AS/NZS 2890.2 – 2004. The Basement Level car park must provide a turnaround area to facilitate exit from the south western area of the building. The developer must submit



plans that demonstrate compliance with this requirement condition at the time of lodgement of an application for Operational Works.

18. Linemarking of on-street parking

On-street parking bays affected by the development are to be re-linemarked in accordance with the Queensland Government’s Manual for Uniform Traffic Control Devices. That a drop-off bay will be included and if there is any net loss in on-street carparking Council will need to be compensated accordingly. Within Alfred Street the proposed drop off bay is to be designated as 5 minute Parking.

20. Maximum Building Height

The building height shall not exceed 32.5m from the level of the minimum building floor level (6.68AHD) to the underside of the ceiling of the uppermost habitable room of the building. No part of the building or any structures (antennas, aerials, parapets, lift overrun, etc) are permitted to exceed a height of RL 48m AHD. The applicant is to liaise with the operator of the Mackay Airport to determine if permanent lighting is required to be installed upon the building due to its proximity to the Obstacle Limitation Surface

21. No equipment, antennae’s or the like on roof

There must be no equipment, antennae’s or the like erected on the roof, without further written approval from Council and Mackay Airport Pty Ltd Mackay Port Authority.

24. Water Connection

Water supply connections are to must be to the existing 150mm diameter water main in Macalister Street. Two separate services are required, one for potable water supply and one for fire fighting supply.

The developer must is to seek prior approval from Water & Waste Services for the connection arrangement for domestic supply, fire sprinkler supply and fire hydrant supply is to be submitted for separate approval by Water & Waste Services prior to the lodgement of the operational works application.

An internal water supply hydraulic analysis must be submitted as part of the operational works application.

Pumping direct from Council water mains for potable or fire fighting supply is not permitted. Break tanks must be installed.

Water metering must be as follows: (a) Queensland State Legislation (the ‘Standard Plumbing and Drainage Regulation

2003’, Section 8B) requires compliance with the Queensland Plumbing and Wastewater Code. In particular, the QPW Code requires that ‘The water supply to a meterable premises must be fitted with a device (water meter) to measure the amount of water supplied to the premises’.



(b) The developer is responsible for the installation of sub-meters, master meters, AMR technology hardware, meter cupboards and the supply of all equipment and materials to the satisfaction of Mackay Regional Council’s Policy 055 ‘Sub Metering (Potable Water Supply)’ and Specification D40 ‘Sub Metering (Potable Water Supply)’.

(c) Individual meters (Sub-meters) must be installed to each meterable premises (i.e each meterable premises including common property areas).

(d) A Master Meter must be installed at the common entry point into the development.

(e) Sub-meters and Master Meters must be fitted with Automatic Meter Reading (AMR) technology. AMR technology consists of a Meter Interface Unit (MIU) fitted to the meter, a Data Concentration Unit (DCU) located remote from the meters in a lockable Cupboard (termed ‘Meter Cupboard’), and the equipment necessary to provide connectivity between the MIU and DCU.

(f) The Master Meter and DCU must be located together in a ‘Meter Cupboard’ located at the front of the common entry point to the development such that accessibility from outside the development is maintained at all times.

25. Clearances to Water and Sewerage

Clearance to all water and sewer services must comply with Council’s Policy No. MW16 “Clearances to Water and Sewerage”. All works within the development must comply with Council Policy MW02 “Building over and adjacent to sewer”.

27. New Sewer Main Design

The existing sewer main passing under the basement of the proposed development must be removed and replaced. The final design of the new proposed sewer main proposed to be attached to the basement wall needs to be must be submitted to Water & Waste Services Council for approval as part of the operational works application. The developer is to seek prior approval from Water & Waste Services on the pipe material proposed, the type and set up of fitting to the wall and the realignment design prior to the lodgement of the Operational Works application.

28. House Connections

No house connection branches are to be installed on the replacement sewer main within the development. The developer is to seek approval from Water & Waste Services for the sewer connection point for the development prior to the lodgement of the Operational Works application. The new replaced pipe through the development can not have house connection junctions installed. The connection point for the development will need to be into a 225dia sewer. The two options available are into the existing manhole in Alfred St where the 225dia sewer commences or into a potential new 225dia sewer that may be laid in the future along Macalister and Alfred Streets. The second options is subject to confirmed installation dates. The developer is responsible for all associated costs with connection requirements.



29. Cost of redirecting existing house drains

The developer is responsible for all associated costs for the redirection of any existing house drainage connections within the section of pipe to be replaced. The developer is responsible for liaising with impacted property owners to obtain permission to enter their properties and undertake any rectification and remedial work. properties and needs to get permissions from property owners prior to commencing any relocation works. House drain relocation designs are to be submitted The relocation proposal for the properties to the east of the site needs to be an engineered design which is submitted as part of the Operational Works application for approval by Water & Waste Services. to Council. Compliance with this condition does not negate the need for Council issued Plumbing and Drainage Works approvals where required.

30. Management Plan for Sewerage works

The developer is responsible for submission of a sewerage management plan for the sewerage works that are to be undertaken whilst ensuring to demonstrate ongoing service is maintained to customers affected by the works. supply is maintained to customers. The management plan needs to undertake specify the development of risk assessments and develop work method statements on all works activities to ensure there are no disruptions to customers or spills of sewage that occur. The management plan needs to be submitted as part of the Operational Works application. The developer shall provide Council with a written advice waiving any rights Council responsibility for clean up works or costs should a break or leak occur on the section of main to be replaced through the development.

31. Stormwater Connections

Stormwater from the north west segment of the site is to be discharge to the existing gully pit in Macalister Street adjacent to the northern boundary of the development site.

Stormwater from the south east segment of the site is to discharge to the existing gully pit in Alfred Street adjacent to the eastern boundary of the development site. (see attached Plan SK1)

The stormwater is to be treated to remove pollutants listed in Mackay City Council’s Stormwater Management Plan for Mackay, Table 6-1d attached), prior to discharging into Council’s stormwater system.

Council’s Stormwater Quality Risk Classification has classified this development as Low Risk. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay Regional Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No. 15.07. As a minimum, a suitable gross pollutant trap is to be provided.



Stormwater drainage runoff from all carparking areas shall be treated by fitting an approved pollution control system (Stormwater Quality Improvement Device) to prevent solids, contaminants, oils and greases from entering the Council’s stormwater drainage system. The pollution control system is to be installed within the property and maintained by the lot owner.

37. Construction Equipment

a. Any construction crane/s with a total height over 10m above natural ground level

located on the site must have a light located on the top of the crane. This light must be illuminated at all times immediately after the crane is placed on the subject site.

b. Construction equipment must not penetrate the OLS (Obstacle Limitation Surface)

surface, unless written approval has been obtained from the Mackay Port Authority Mackay Airport Pty Ltd Manager at least 10 business days prior to the equipment entering the site.

Assessment Manager’s Advice 1. The ‘Commercial Premises’ component of the development is approved in accordance with

the definition stated below:

"Commercial Premises" means any premises used as a business office or for other business or commercial purposes. The term does not include a health centre, a home-based business, a local store, a professional office, a service industry, a shop or a showroom as separately defined. Any proposed use of the Commercial Premises that complies with this use definition will be self-assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.

2. The ‘Catering Shop’ component of the development is approved in accordance with the definition stated below:

"Catering Shop" means any premises used for preparing and providing food and drink for sale to the public, and includes but is not limited to, any of the following activities:

Café; Espresso Bar; Fast-food Outlet; Kiosk; Milk Bar; Premises specified in a tavern licence or a limited hotel license or other license issued

under the Liquor Act including those requiring an outdoor dining permit Restaurant; Snack Bar; Take-away Food Shop; & Tea Room or Tea House.



Any proposed use of the Catering Shop that complies with this use definition will be self-assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.

3. The ‘Shop’ component of the development is approved in accordance with the definition

stated below: "Shop" means any premises used for the display and sale of goods to the public, and for a hairdressing salon, a barber’s shop and a video outlet. Any proposed use of the Shop that complies with this use definition will be self-assessable development. Any other use will require a separate approval as determined by the Planning Scheme in place at the time.

12. Summary of Developer Contributions as at date of approval.

Note: Contributions paid at the time nominated in the relevant condition will be re-calculated at current applicable rate, at that time.

Infrastructure

Catchment

Number of Units/ET’s/ EP’s/VPD

Total Calculated Amount

Amount of Economic Incentive

Total Amount

Due

Water Supply

city Total ET = 67.35 with credit given for 4 ETS

67.35 ETs x 4554 = $306,711.90

N/A $306,711.90

Sewerage Supply

city Total ET = 67.35 with credit given for 4 ETS

67.35 ETs x 3162 = $212,960.70

N/A $212,960.70

Parks Motel rooms Commercial land use

1.3 EP x 168 = 218.4 25.2 EP/ha x 3749.4 m² = 9.4 EP Credit given for 4 x 2.8 EPs

216.6 EP x $1073 = $232,411.8

N/A $232,411.8

Transport Network

Motel units 336 vpds Commercial 857.52 vpds Total 1,154.48 (with 40 vpds credit given)

1154.48 vpds x 341= $393677.68

$393,677.68

$393,677.68 No concession in accordance with Council’s current Trunk Road Network Policy



12. 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 will be issued separately.

Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.

13. Council acknowledges the stated intention that the development will be operated as a

serviced apartment complex with units sold individually and leased back by an operator who will manage the completed development as a venue for short term accommodation.

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 Adopted Infrastructure Charge Notice If you require any further information please contact Shane Kleve



Application Number: DA-2007-551/A

Date of Decision: 8th February 2012

1. APPLICANT/S DETAILS

Name: Yanjian Group (Mackay) Pty Ltd

Postal Address: C/- Cardno Humphreys Reynolds Perkins

PO Box 244

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 41 Macalister Street and 232, 240 & 250 Alfred Street, MACKAY QLD 4740

Property Description: Lot 1 on RP700773, Lot 2 on RP700773, Lot 3 on RP700773 and Lot 4 on RP700773

3. OWNER’S DETAILS

McAlister Street Holdings Pty Ltd

4. PROPOSAL

Request to Change Development Approval - Material Change of Use from Dwelling Houses and Laundromat to 137 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA)

5. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Pursuant to the Mackay City Planning Scheme

Approved in Full subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The following conditions have been changed: The Application Proposal description has been amended Conditions Number 1 - 2, 13, 15, 18, 20 - 21, 24 - 25, 27 – 31, 37 have been amended. Condition Number 5 – 10, 12 and Assessment Managers Advice 1 – 3 have been

deleted Assessment Managers Advice 12 and 13 has been added

All remaining conditions remain unchanged as per Negotiated Decision Notice. The conditions for this Compiled Decision Notice are attached.

7. IDAS REFERRAL AGENCIES

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

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This approval is issued under the Mackay City Planning Scheme

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

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

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. CURRENCY PERIOD

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

14. APPEALS

Attached is an extract from the Sustainable Planning Act which details your appeal rights and the appeal rights of any submitters regarding this decision.



15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

16/02/2012

shane

Typewritten Text

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2007-551/A Applicant’s Name: Yanjian Group (Mackay) Pty Ltd Decision Date: 8 February 2012

Page 1 of 11

Assessment Manager’s Conditions 1. Plan of Development

The approved 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) must be completed and maintained generally in accordance with the Plans 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.

Drawing Number Title Prepared by Date

3144_DA-00 Title Page Nettleton Tribe 19.12.2011

3144_DA-01 Ground Level Plan Nettleton Tribe 19.12.2011

3144_DA-02 Basement Level Plan Nettleton Tribe 19.12.2011



3144_DA-05 Podium Level Plan Nettleton Tribe 19.12.2011

3144_DA-06 Typical Level Plan Nettleton Tribe 19.12.2011


3144_DA-08 Plant Level Plan Nettleton Tribe 19.12.2011

3144_DA-09 Perspective View Nettleton Tribe 19.12.2011

3144_DA-10 South Elevation Nettleton Tribe 19.12.2011

3144_DA-11 West Elevation Nettleton Tribe 19.12.2011

3144_DA-12 North Elevation Nettleton Tribe 19.12.2011

3144_DA-13 East Elevation Nettleton Tribe 19.12.2011

3144_DA-15 Section A-A Nettleton Tribe 19.12.2011

3144_DA-16 Section B-B Nettleton Tribe 19.12.2011

3144_DA-19 Development Summary Nettleton Tribe 19.12.2011 3144_DA-20 GFA Summary Nettleton Tribe 19.12.2011

2. Amended Plans Required

Prior to the lodgement of Operational Works Approval the approved plans of development must be amended to comply with the following matters:

a) A schedule of external building materials and colours. All external building

materials must be non-reflective.



Page 2 of 11

b) The roof floor plan must be amended to show the location of the water break tanks. The water break tanks must not be visible or add additional height to the roof area.

c) The northern and eastern elevations of the podium (Ground floor and levels 1

and 2) must be amended to provide articulation and visual interest as these elevations will be visible above the existing buildings located adjacent to the site. The use of colours, shading and patterns are options to be considered.

d) Provision of a full width awning of the footpath for the full length of the

property frontage with Alfred and Macalister Streets. The awnings are to be designed in accordance with ‘S4’ of the Retail and Commercial Code of the Mackay City Planning Scheme.

e) Provision must be made for secure storage of bicycles on site. f) Provision of footpath works external to the development site must be

undertaken in lieu of provision of car parking in accordance with Schedule 2 of the Mackay City Planning Scheme. Full width concrete footpaths (in accordance with Council Plan No. A3-989B) must be constructed from the boundary of the development site:

along the eastern side of Macalister Street to Gordon Street, and along the northern side of Alfred Street to Gregory Street.

These works are to be approved as part of the application for Operational Works and completed prior to the commencement of the approved use.

The amended plans must be submitted to Council for endorsement and then will form part of this Development Permit.

3. Amalgamation of Subject sites

The site (Lots 1, 2, 3 & 4 on RP700773) must be amalgamated into one allotment and the Plan of Amalgamation shall be lodged for registration with the Department of Natural Resources and Water prior to the commencement of building work to construct the development.

4. Truncation Required

A standard 4m x 4m truncation on the corner of Alfred and Macalister Streets is required to be provided by the developer and be gazetted as public road reserve.

5. Deleted 6. Deleted 7. Deleted 8. Deleted



Page 3 of 11

9. Deleted 10. Deleted 11. All service equipment, lighting and air-conditioning units shall be located so as not

to cause a nuisance to neighbouring properties in accordance with the relevant Environmental Protection Act and Regulations.

12. Deleted 13. All refuse bins are to be located in the area identified as “Refuse Room” on

approved Plan No. “3144_DA-01” dated 19.12.2011 titled “Ground Level Plan”. Refuse bins are to be collected by Council’s refuse vehicles via the “Loading Bay” area of the development. This area shall also incorporate a water connection to facilitate wash-down of this area and must be maintained to the satisfaction of Council.

The developer must make satisfactory arrangements with Water & Waste Services for the collection of residential and commercial refuse in accordance with Council Policy No. 53 – Waste Collection Services. The arrangements must include the size, type and number of refuse bins, and the method of coordinating the onsite collection of refuse bins. Refuse bins are only to be moved from the refuse bin storage area on the days that refuse is collected. Refuse bins are to be moved from this area to the designated refuse bin collection point. Once the refuse is collected, all refuse bins must be moved back again to the refuse bin storage area on the days that refuse is collected so as to not impede onsite traffic movement. It is the responsibility of onsite management to ensure that refuse bins placed at the collection point do not cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

14. Landscaping Plan

A detailed site and footpath landscaping plan prepared by a qualified Landscape Designer shall be submitted to Council for approval. This plan shall show the type and location of all proposed plant species and the details of the irrigation system. The detailed Landscaping Plan shall be submitted to Council for approval at the time of lodgement of the Operational Works application. The Landscaping Plan shall address the following;

a) Footpath and street tree plan (refer Plan A3-989) b) Landscaping around the perimeter of the site (within the site boundaries) The landscaping shown on the approved plan shall be completed before the development is occupied and shall be maintained thereafter to the satisfaction of Council.



Page 4 of 11

15. Construction of Car Parking Areas The car parking areas shall be constructed, sealed, linemarked and drained for a minimum of 158 car parking spaces in accordance with the approved plan and maintained thereafter. The car parking classification is Class 1 for internal parking and is to be designed in accordance with Australian Standard AS/NZS 2890.1 – 2004. All car parking spaces and aisle widths shall be accessible by B99 design vehicles. Car parks labelled ‘small car’ on the plan of development are to be in accordance with AS/NZS 2890.1 - 2004 Section 2.4. The number of ‘small car’ car parks must be reduced in number. The car parks annotated on the attached plans must be amended to be a standard size car park in accordance with the class defined in this condition and in accordance with AS/NZS 2890.2 – 2004. The Basement Level car park must provide a turnaround area to facilitate exit from the south western area of the building. The developer must submit plans that demonstrate compliance with this condition at the time of lodgement of an application for Operational Works.

16. New Crossings

The developer shall construct the driveway crossover for the accesses to Alfred Street and Macalister Street in accordance with Council’s Standard Drawing PA3-773.

17. Removal of redundant crossings

Any existing vehicle crossings in Alfred and Macalister Streets that are made redundant by this development are to be removed and kerb and gutter continued across to match the existing kerb and guttering at the developers cost.

18. Linemarking of on-street parking

On-street parking bays affected by the development are to be re-linemarked in accordance with the Queensland Government’s Manual for Uniform Traffic Control Devices. That a drop-off bay will be included and if there is any net loss in on-street carparking Council will need to be compensated accordingly.

19. Car park Lighting Plan

A car park lighting plan shall be provided that demonstrates compliance with the relevant Australian Standard. The plan shall demonstrate that light spillage onto adjoining properties is within the acceptable limits.

20. Maximum Building Height

No part of the building or any structures (antennas, aerials, parapets, lift overrun, etc) are permitted to exceed a height of RL 48m AHD. The applicant is to liaise with the operator of the Mackay Airport to determine if permanent lighting is required to be installed upon the building due to its proximity to the Obstacle Limitation Surface



Page 5 of 11

21. No equipment, antennae’s or the like on roof

There must be no equipment, antennae’s or the like erected on the roof, without further written approval from Council and Mackay Airport Pty Ltd.

22. Drainage for underground car parking areas Any stormwater entering the underground carparking area shall be collected and pumped to the existing underground stormwater drainage system in Alfred Street.

23. No Ponding of Stormwater

The developer shall ensure that no ponding of stormwater resulting from the development occurs on adjacent sites and that no stormwater formerly flowing onto the site is diverted onto other sites.

24. Water Connection

Water supply connection must be to the existing 150mm diameter water main in Macalister Street. Two separate services are required, one for potable water supply and one for fire fighting supply.

The developer must seek approval from Water & Waste Services for the connection arrangement for domestic supply, fire sprinkler supply and fire hydrant supply prior to the lodgement of the operational works application.

An internal water supply hydraulic analysis must be submitted as part of the operational works application.

Pumping direct from Council water mains for potable or fire fighting supply is not permitted. Break tanks must be installed.

Water metering must be as follows: (a) Queensland State Legislation (the ‘Standard Plumbing and Drainage

Regulation 2003’, Section 8B) requires compliance with the Queensland Plumbing and Wastewater Code. In particular, the QPW Code requires that ‘The water supply to a meterable premises must be fitted with a device (water meter) to measure the amount of water supplied to the premises’.

(b) The developer is responsible for the installation of sub-meters, master meters, AMR technology hardware, meter cupboards and the supply of all equipment and materials to the satisfaction of Mackay Regional Council’s Policy 055 ‘Sub Metering (Potable Water Supply)’ and Specification D40 ‘Sub Metering (Potable Water Supply)’.

(c) Individual meters (Sub-meters) must be installed to each meterable premises (i.e each meterable premises including common property areas).

(d) A Master Meter must be installed at the common entry point into the development.



Page 6 of 11

(e) Sub-meters and Master Meters must be fitted with Automatic Meter Reading (AMR) technology. AMR technology consists of a Meter Interface Unit (MIU) fitted to the meter, a Data Concentration Unit (DCU) located remote from the meters in a lockable Cupboard (termed ‘Meter Cupboard’), and the equipment necessary to provide connectivity between the MIU and DCU.

(f) The Master Meter and DCU must be located together in a ‘Meter Cupboard’ located at the front of the common entry point to the development such that accessibility from outside the development is maintained at all times.

25. Clearances to Water and Sewerage

Clearance to all water and sewer services must comply with Council’s Policy No. MW16 “Clearances to Water and Sewerage”. All works within the development must comply with Council Policy MW02 “Building over and adjacent to sewer”.

26. Live Water and Sewer Work

Water & Waste Services shall carry out all works associated with connecting to existing water and sewer services. The full cost of these works shall be met by the development.

27. New Sewer Main Design

The existing sewer main passing under the basement of the proposed development must be removed and replaced. The final design of the proposed sewer main must be submitted to Council for approval as part of the operational works application. The developer is to seek prior approval from Water & Waste Services on the pipe material proposed and the realignment design prior to the lodgement of the Operational Works application.

28. House Connections No house connection branches are to be installed on the replacement sewer main within the development. The developer is to seek approval from Water & Waste Services for the sewer connection point for the development prior to the lodgement of the Operational Works application.

29. Cost of redirecting existing house drains

The developer is responsible for all associated costs for the redirection of any existing house drainage connections within the section of pipe to be replaced. The developer is responsible for liaising with impacted property owners to obtain permission to enter their properties and undertake any rectification and remedial work. House drain relocation designs are to be submitted to Council. Compliance with this condition does not negate the need for Council issued Plumbing and Drainage Works approvals where required.



Page 7 of 11

30. Management Plan for Sewerage works

The developer is responsible for submission of a sewerage management plan for the works to demonstrate ongoing service is maintained to customers affected by the works. The management plan needs to specify the development of risk assessments and work method statements on all work activities to ensure there are no disruptions to customers or spills of sewage. The management plan needs to be submitted as part of the Operational Works application. The developer shall provide Council with a written advice waiving any Council responsibility for clean up works or costs should a break or leak occur on the section of main to be replaced through the development.

31. Stormwater Connections

Stormwater from the north west segment of the site is to discharge to the existing gully pit in Macalister Street adjacent to the northern boundary of the development site.

Stormwater from the south east segment of the site is to discharge to the existing gully pit in Alfred Street adjacent to the eastern boundary of the development site.

Council’s Stormwater Quality Risk Classification has classified this development as Low Risk. Stormwater Quality Best Management Practices (SQBMP) must be developed and implemented in accordance with Mackay Regional Council’s Engineering Design Guidelines – Soil and Water Quality Management – Planning Scheme Policy No. 15.07. As a minimum, a suitable gross pollutant trap is to be provided.

Stormwater drainage runoff from all carparking areas shall be treated by fitting an approved pollution control system (Stormwater Quality Improvement Device) to prevent solids, contaminants, oils and greases from entering the Council’s stormwater drainage system. The pollution control system is to be installed within the property and maintained by the lot owner.

32. Floor Level – Multi storey building

The finished floor level for the lowest habitable level and the top of vehicular access ramp must be 6.68 AHD. (Q100 + 300mm)

33. Provision of Full Width Footpath

The developer shall provide a full width concrete footpath for the full length of the Alfred Street and Macalister Street frontages of the property. The path shall be constructed in accordance with Councils Standard Drawing A3-989 B (copy attached).



Page 8 of 11

34. Provision of electricity and telephone services

It shall be satisfactorily demonstrated that electricity and telephone services can be provided to the site.

35. Existing Buildings to be removed

All buildings or other structures currently situated on the subject site shall be removed and demolished prior to commence of new building work.

36. Damage to Council’s Infrastructure

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

37. Construction Equipment

a. Any construction crane/s with a total height over 10m above natural ground

level located on the site must have a light located on the top of the crane. This light must be illuminated at all times immediately after the crane is placed on the subject site.

b. Construction equipment must not penetrate the OLS (Obstacle Limitation

Surface) surface, unless written approval has been obtained from the Mackay Airport Pty Ltd Manager at least 10 business days prior to the equipment entering the site.

38. Removal and carting of Soil from the subject site

There the volume of fill material imported to the site or the volume of spoil material exported from the site exceeds 2,500m3, the volume and transport route are to nominated for separate Council Approval. Specific conditions may apply, including contributions towards the cost of accelerated pavement degradation along haulage routes and/or for repairs to haulage routes.

39. Acid Sulphate Soils

Any areas where the ground surface is less than RL 20.00 AHD must be assessed for acid sulphate soils in accordance with the State planning Policy 2.02. If acid sulphate souls are identified treatment and management measures must be implemented in accordance with State Planning Policy and Guidelines.

40. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawings(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.



Page 9 of 11

41. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition.

42. Conflict between plans and written conditions

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

43. Notice of Intention to Commencement the Use

Prior to the commencement of the use on the site, 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).

44. Registered Engineer

Plans, specifications and schedule of works shall be prepared by a Registered Engineer (RPEQ) and shall be submitted to Council for separate approval. Plans, specifications and schedule of works are required to be submitted and are to accompany the relevant forms and fees in accordance with Council’s Engineering Design Guidelines.



Page 10 of 11

Assessment Manager’s Advice 1. Deleted 2. Deleted 3. Deleted 4. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 6W of the Environmental Protection Regulation 1998, which prohibits any construction, building and earthworks activities likely to cause nuisance noise (including the entry and departure of heavy vehicles) between the hours of 6:30 pm and 6:30 am from Monday to Saturday and at all times on Sundays or Public Holidays

5. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 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.

6. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

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. Noise during Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998



Page 11 of 11

9. Contaminated Land

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

10. Trade Waste Advice

A grease trap must be installed for each individual tenancy of catering shop and shop. It is the owner’s responsibility to ensure that all outlets have a licence to discharge trade waste to sewer prior to any trade waste discharging to the sewer.

11. History of the Site

To reflect the past history of the site, it is encouraged that part of the new development acknowledges this history. For example to acknowledge the ‘Farrellys Store” that was located on this site from 1922. Naming part of the building or erecting a plaque on the façade of the proposed building identifying the site as being the former site of the ‘Farrellys Store’.

12. 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 will be issued separately.

Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.

13. Council acknowledges the stated intention that the development will be operated as

a serviced apartment complex with units sold individually and leased back by an operator who will manage the completed development as a venue for short term accommodation.


proposed mixed-use development Date

Title

Scale

Client Project

© copyright nettleton tribe partnership pty ltd

41 MACALISTER STREET, MACKAY Number

YANJIAN GROUP3144_DA-00

Title Page

09.09.11

DA-00 Title PageDA-01 Ground Level PlanDA-02 Basement Level PlanDA-03 Level 1 PlanDA-04 Level 2 PlanDA-05 Podium Level PlanDA-06 Typical Level PlanDA-07 Plant Level PlanDA-08 Perspective ViewDA-10 South ElevationDA-11 West ElevationDA-12 North ElevationDA-13 East ElevationDA-15 Section A-ADA-16 Section B-BDA-19 Development SummaryDA-20 GFA Summary


stephanieo

Manual DA & Date


Title

Scale

Client Project




Ground Level Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

3

4

G

RAM

P U

P

VOID

RL. 3.830 m

1 23

4

5

6

8

9101112131415161718

20

21

22

23

25 26 27 28

7

19

24

29

30

SMALL CAR

SMALL CARSMALL

CARSMALL CAR

WATERTANK

STORE

5100

6200

6200

6200

6524

STORE

STORE

SMALL CAR

DRIVEWAYSUBSTATION OVER

5000

2400

2300

5400

300

300

1DA-15

1DA-15

3000

1105

079

0015

0010

985

6000

6000 7500 7100 7100 5100 7100 7500 3000


Title

Scale

Client Project



YANJIAN GROUP 1 : 200

3144_DA-02

Basement Level Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

4

RAM

P U

P1:

6RA

MP

UP

1:6

LOBBY

DRIVEWAY

DRIVEWAY

SERVICES

G

34

47

48

1

11

24

52

52

6200

2300small

car

smallcar 23

00

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

void overloading

69005500

6100

6200

STORE

FHR

12

25

35

51

56

5758

1DA-15

1DA-15

3000

1105

079

0015

0010

985

6000

6000 7500 7100 7100 5100 7100 7500 3000


Title

Scale

Client Project




3144_DA-03

Level 1 Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

3

4

G

RAM

P U

P1:

6

3000

LOBBY

DRIVEWAY

DRIVEWAY

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

smallcar

35

48

49

1

11

24

61

53

5500 6200

6100

6200

5400 5400 5400

5400

5400

5400

STORE

FHR

1DA-15

1DA-15

3000

1105

079

0015

0010

985

6000

6000 7500 7100 7100 5100 7100 7500 3000

59

CAR PARKING SUMMARY

BASEMENT: 30GROUND 15LEVEL 1 58LEVEL 2 59

GRAND TOTAL 162


Title

Scale

Client Project



YANJIAN GROUPAs indicated

3144_DA-04

Level 2 Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

MA

CA

LIST

ER S

TREE

T

ALFRED STREET

3

4

G

LOBBYSERVICES

TYPE A

TYPE D

TYPE C TYPE C

TYPE B-1

TYPE A TYPE ATYPE B-1

TYPE B-2

TYPE D

TYPE B-1

SERVICES

POOL

GYM

FEMALE

MALE

PWD

SAUNA

SPA

LINE OF BUILDINGOVER SHOWN DASHED

COURTYARDCOURTYARDCOURTYARDCOURTYARD

COURTYARD

COURTYARD COURTYARD

CO

URT

YARD

COURTYARDCOURTYARDCOURTYARD

STEP

LANDSCAPE

LANDSCAPE

LANDSCAPE

LAN

DSC

APE

LAN

DSC

APE

VOID

LAN

DSC

APE

15000 3100

4000

POOL FENCE

LOBBY

CHUTE

STORE

SUN LOUNGES

6000

6000

3000

3000

3000

1DA-15

1DA-15

3000

1105

079

0015

0010

985

6000

6000 7500 7100 7100 5100 7100 7500 3000


Title

Scale

Client Project




3144_DA-05

Podium Level Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

3

4

3000

LOBBYSERVICES

G


TYPE B-2

TYPE D

TYPE C TYPE C

TYPE B-1


TYPE B-2

TYPE D

TYPE B-1

SERVICES

7500

1105

015

0064

0015

0010

985

6000

6000 7500 7100 7100 5100 7100

3000

3000

2700

6000 78

85

6000

3000

1DA-15

1DA-15

5700


Title

Scale

Client Project




3144_DA-06

Typical Level Plan

09.09.11


stephanieo

Manual DA & Date

BDA-16

BDA-16

A B C D

1

E F

6

2

5

3

4

G

LIFT

OVE

RRU

N ROOFPLANT(CONC)

FALL

3°

GUTTER

GUTTER

GUTTER

GU

TTER GU

TTER

GUTTER

GUTTER GUTTER

FALL

3°

FALL

3°

FALL

3°

FALL

3°

FALL

3°

FALL 3° FALL 3°

O/F O/F

ROOFPLANT

+1000

+1000+1000

+1000

O/F O/F

1DA-15

1DA-15

3000

1105

079

0015

0010

985

6000

6000 7500 7100 7100 5100 7100 7500


Title

Scale

Client Project




3144_DA-07

Plant Level Plan

09.09.11


stephanieo

Manual DA & Date


Title

Scale

Client Project




Perspective View

09.09.11

artist's impression - view from Macalister Street


stephanieo

Manual DA & Date


Title

Scale

Client Project




South Elevation

09.09.11


stephanieo

Manual DA & Date

LEGEND

RENDERED & PAINTED MASONRYRENDERED & PAINTED MASONRY WITH EXPRESSED REBATESGLAZING WITH POWDERCOAT FRAMEGLASS BALUSTRADE WITH POWDERCOAT FRAMERENDERED AND PAINTED BALUSTRADE WITH HANDRAILRENDERED AND PAINTED UPSTANDMETAL SCREENING WITH POWDERCOAT FINISHFEATURE METAL BLADES WITH POWDERCOAT FINISHPAINTED FC CLADDINGPRE-FINISHED CLADDING

12345678910


Title

Scale

Client Project




3144_DA-11

West Elevation

09.09.11


stephanieo

Manual DA & Date


Title

Scale

Client Project




North Elevation

09.09.11


stephanieo

Manual DA & Date


Title

Scale

Client Project




East Elevation

09.09.11


stephanieo

Manual DA & Date

RL

Ground6680

RL

Level 110180

RL

Level 213030

RL

Level 317330

RL

Level 420180

RL

Level 523030

RL

Level 625880

RL

Level 728730

RL

Level 831580

RL

Level 934430

RL

Level 1037280

RL

Level 1140130

RL

Level 1242980

RL

Plant Level45830

RL

Airport Height Control49000

1 62 5

3850

2850

3300

2850

3500

2850

2850

2850

2850

2850

2850

2850

2850

2850

3170

3 4

RL

Upper Ceiling45630

RL

Basement3830

NGLNGL

PARKING

PARKING

PARKING

PARKING

GYM

POOL

RETAIL / LOBBY

RL

STRUCTURE16330

1.8M1.8M


Title

Scale

Client Project




3144_DA-15

Section A-A

09.09.11


stephanieo

Manual DA & Date

RL

Ground6680

RL

Level 110180

RL

Level 213030

RL

Level 317330

RL

Level 420180

RL

Level 523030

RL

Level 625880

RL

Level 728730

RL

Level 831580

RL

Level 934430

RL

Level 1037280

RL

Level 1140130

RL

Level 1242980

RL

Plant Level45830

RL

Airport Height Control49000

A B C D E F G

RL

Upper Ceiling45630

RL

Basement3830

RL

STRUCTURE16330

PARKING

PARKING

PARKING

PARKING

PARKING

PARKING

PARKING

RETAIL

1.8M1.8M

RAMP

RAMP

RAMPNGLNGL MACALISTER STREET

3170

2850

2850

2850

2850

2850

2850

2850

2850

2850

2850

4300

2850

3500

2850


Title

Scale

Client Project




3144_DA-16

Section B-B

09.09.11


stephanieo

Manual DA & Date

1128 m²

1970 m²


Title

Scale

Client Project




3144_DA-19

Development Summary

09.09.11

SITE COVER SUMMARY:SITE AREA: 2037 sqm

PODIUM GBA: 1970 sqmTOWER GBA : 1128 sqm

TOTAL BUILDING AREA/ TOTAL SITE AREA x 100

TOTAL PODIUM SITE COVER = 1970 / 2037 x 100 = 96.71 %

TOTAL LEVEL SITE COVER = 1128 / 2037 x 100 = 55.37 %

AREA CALCULATIONS SUMMARYNOTE: BALCONY AREAS VARY-TYPICAL AREA SHOWN BELOWUNIT TYPE INTERNAL AREA (m2) BALCONY AREA(m2) TOTAL (m2) TOTAL NO. OF UNITS A 2 BED 91 14 105 39 B-1 1 BED 61 8 69 39 B-2 1 BED 54 11 65 19 C 1 BED 58 13 71 20 D 1 BED 50 6 56 20

TOTAL UNITS 137

- 1 : 500

Site Cover - Typical Level1

SITE COVER MEASURED TO THE PERIMETER OF THE BUILDING, EXCLUDING BALCONIES GREATER THAN8sqm TO A MAX. EXCLUSION OF 12sqm AS DEFINED IN MACKAY CITY PLANNING SCHEME (2006)

- 1 : 500

Site Cover - Podium Level2


stephanieo

Manual DA & Date

232 m²

43 m²

1068 m²


Title

Scale

Client Project




3144_DA-20

GFA Summary

09.09.11

- 1 : 500

Ground Level GFA1

- 1 : 500

Typical Level GFA2


stephanieo

Manual DA & Date


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-2007-551/A

Date of Approval 8th February 2012

Approved Request to Change Development Approval - Material Change of Use from Dwelling Houses and Laundromat to 137 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA)

Location 41 Macalister Street and 232, 240 & 250 Alfred Street, MACKAY QLD 4740

Property Description Lot 1 on RP700773, Lot 2 on RP700773, Lot 3 on RP700773 and Lot 4 on RP700773

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: Yanjian Group (Mackay) Pty Ltd Address: C/- Cardno Humphreys Reynolds Perkins PO Box 244 MACKAY QLD 4740 _________________________________________ Signature of Applicant Date: ______________


ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009

To: Yanjian Group Pty Ltd C/- Humphreys Reynolds Perkins North

Queensland PO Box 244 MACKAY QLD 4740

Date of issue: 16th February 2012 Ref Number DA-2007-551/A

LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lots 1 – 4 on RP700773 Property Address: 41 Macalister Street, MACKAY QLD 4740 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES The adopted infrastructure charge applies to the following development type: Material Change of Use - 129 Multiple Dwelling Units and Catering Shop/Shop/Commercial Premises (275m2 GFA) AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.

NET CHARGE AMOUNT – $2,520,250 + annual adjustments and/or reviews

CHARGE CALCULATION

Charge Category

Adopted Infrastructure

Charge Demand Units

No. of Demand

Units

Charge Amount

1 or 2 bedroom dwelling

$20,000 1 or 2 Bedroom Dwelling 129 $2,580,000

Commercial (Retail)

$180 M2 Gross Floor Area

(GFA) 275 $49,500

$10 M2 Impervious Area 275 $2,750

Gross Charge Amount Total $2,632,250

APPLIED CREDIT CALCULATION

Charge Category

Credit Unit Value of Credit Unit No of Credit Units

Applied Credit

Amount 3 or more bedroom dwelling

Lots $28,000 4 $112,000

Applied Credit Amount Total $112,000

NET CHARGE SUMMARY Gross Charge Amount Applied Credit Amount Net Charge Amount

$2,632,250 $112,000 $2,520,250

ADJUSTMENTS TO THE CHARGE The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment.


DUE DATE FOR PAYMENT Payment of the total charge must be made before the change happens if the charge applies to a Material Change of Use. PAYMENT DETAILS Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9098 or e-mail [email protected] Payment can be made at:

42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740

or credit card

GOODS AND SERVICES TAX The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect APPEAL RIGHTS Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9098 or e-mail [email protected] Shane Kleve Acting Manager Development Assessment


Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—

(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or

(a) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice

(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to

the person. (4) An appeal under this section may only be about—

(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or

(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an

adopted infrastructure charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—

(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or

regulated State infrastructure charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted

infrastructure charges notice or negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.

(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to

the person. (4) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an

adopted infrastructure charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part – relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—

(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or

(b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated infrastructure charges notice); or

(c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted infrastructure charges notice); or

(d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated regulated State infrastructure charges notice).

(2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice.

(3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.

(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.

680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice

or regulated State infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.

(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance

of the person’s relevant appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—

(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or

(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or

(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.


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