DECISION NOTICE APPROVAL

PLANNING ACT 2016, SECTION 63

I refer to your application and advise that on 13 January 2020 Council decided to approve the application in full subject to conditions. Details of the decision are as follows:

1. APPLICATION DETAILS

Application Number: MCU028.1-2019

Properly Made Date: 15 October 2019

Decision Date: 13 January 2020

Planning Scheme: Central Highlands Regional Council Planning Scheme 2016

(Amendment No. 3)

2. APPLICANT DETAILS

Name: HEME Pty Ltd C/- Des Skinner Design

Postal Address: PO Box 435 EMERALD QLD 4720

Email Address: skindesign@bigpond.com

3. PROPERTY DETAILS

Street Address: 20-24 Hawkins Place EMERALD

Real Property Description: Lot 17 on RP860079

Lot 18 on RP860079

Lot 5 on SP227990

Local Government Area: Central Highlands Regional Council

4. DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use: Industrial Shed Extension for an Existing Medium Impact Industry.

5. CURRENCY PERIOD FOR THE APPROVAL

This development approval will lapse at the end of the period set out in section 85 of Planning Act 2016.

Our Ref: MCU028.1-2019

Assessment Manager: Jen Marsh

Telephone: 1300 242 686

Fax: 1300 242 687

Email: tplanning@chrc.qld.gov.au

Address: PO Box 21, Emerald QLD 4720

This approval lapses if the first change of use does not happen within six (6) years ending on 13 January 2026.

6. STATEMENT OF REASONS

Description of development The approved development is for Material Change of Use: Industrial Shed Extension for an Existing Medium Impact Industry.

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

• Industry zone code

• Industry uses code

• Transport, parking & access code

• Landscaping code

• Works, services & infrastructure (development design code)

• Airport environs overlay code

• Flood hazard overlay code

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

(i) The scale and intensity of the industry use is compatible with its location and setting.

(ii) The development provides landscaping which is consistent with the built form.

(iii) The development provides for on-site parking, access, circulation and servicing areas that are safe, convenient and meet the requirements of the development.

(iv) The risk of harm to property and natural environment from flood is minimised to an acceptable or tolerable level.

(v) The development is not likely to impact on the operational efficiency or safety of the Emerald Airport.

(vi) The safety of people is protected and the risk of harm to the property and the natural environment from flood is minimised to an acceptable or tolerable level.

7. INFRASTRUCTURE

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

8. ASSESSMENT MANAGER CONDITIONS

This approval is subject to the conditions below:

1. PARAMETERS OF APPROVAL a) Compliance with Conditions

The applicant is responsible for ensuring compliance with this development approval and the

conditions of the approval by an employee, agent, contractor or invitee of the applicant.

Timing: At all times.

b) Works – Applicant’s Expense

The cost of all works associated with the development and construction of the development including services, facilities and/or public utility alterations required are met at no cost to the Council or relevant utility provider, unless otherwise stated in a development condition.

Timing: At all times.

c) Works – Developer Responsibility

The applicant is required to have repaired any damage to existing infrastructure (e.g. kerb and channel, footpath or roadway) that may have occurred during any works carried out associated with the development. To the extent the damage is deemed to create a hazard to the community, it must be repaired immediately.

Timing: At all times.

d) Works – Design & Standard

Unless otherwise stated, all works must be designed, constructed and maintained in accordance with the relevant Council policies, guidelines and standards.

Timing: At all times.

e) WORKS – SPECIFICATION & CONSTRUCTION

All engineering drawings/specifications, design and construction works must comply with the requirements of the relevant Australian Standards and must be approved, supervised and certified by a Registered Professional Engineer of Queensland (RPEQ). Timing: At all times.

All development conditions contained in this development approval about infrastructure under Chapter 4 of the Planning Act 2016 (the Act), should be read as being non-trunk infrastructure conditioned under section 145 of the Act, unless otherwise stated.

Timing: At all times.

2. APPROVED PLANS & DOCUMENTS

a) Approved Plans & Documents

Undertake the approved development generally in accordance with the approved plans and documents including any amendments where made in red on the approved plan(s) or document(s):

Title Plan No. Revision Date Prepared by

Timing: At all times.

b) Conditions of Approval & Approved Plans

Where there is a conflict between the conditions of this approval and the details shown on the approved plans and documents, the conditions of approval take precedence.

Timing: At all times.

c) Decision Notice & Approved Plans to be Retained On-Site

A copy of this decision notice and stamped approved plans/drawings must be retained on site. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing: At all times.

3. AMENITY – BUILDING WORKS

a) Amenity Building Works

Ensure all buildings and structures associated with the development are constructed from materials and/or painted or similarly treated with paint or pigment of a low reflective level that does not cause excessive glare. It is recommended that all buildings and structures are powder coated and painted in an environmental green finish.

Timing: Prior to commencement of use and at all times thereafter.

4. CONSTRUCTION ACTIVITY & NOISE

a) Hours of Operation - Construction

Carry out construction work only between the hours of 6.30 am and 6.30 pm Monday to Saturday, with no work to be undertaken on Sundays or public holidays. Noise levels from construction work must at all times comply with the requirements of the Environmental Protection Act 1994.

Timing: As specified within the wording of this condition.

5. LANDSCAPING

a) Operational Works

Submit as part of the first Operational Works application a Landscaping Plan, prepared accordance with the planning scheme policy SC6.3.6 – Landscaping Plan contained in the Central Highlands Regional Council Planning Scheme 2016. Timing: As specified within the wording of the condition.

b) Establishment of Landscaping

Establish, maintain and retain all landscaping generally in accordance with the approved plans. The landscaping must predominantly contain plant species that are endemic to the Central Queensland region due to their low water dependency.

Timing: At all times.

c) Landscaping Maintenance

Proposed Site Layout 261350.2 B Aug 2019 Des Skinner Designs

Proposed Building Elevations

261350.40 A Aug 2019 Des Skinner Designs

Ensure the landscaped areas include a water and maintenance plan during the establishment phase, and an ongoing maintenance and replanting programme.

Timing: At all times.

6.

a) Amalgamation of Allotments

Lot 5 on SP227990, Lot 18 on RP8600079 and Lot 17 on RP8600079 are to be amalgamated.

Timing: Prior to the issue of the building permit. WASTE STORAGE

a) Waste Storage

All waste onsite should be stored within an appropriate waste storage area. The waste storage area must be:

(i) Designed to not cause nuisance to neighbouring properties; (ii) Screened from any road frontage or adjoining property; (iii) Of a sufficient size to accommodate commercial type bins that will be serviced by a

commercial contractor plus clearance around the bins for manoeuvring and cleaning; (iv) Provided with a suitable hosecock and hoses at the waste storage area, and washdown must

be drained to the sewer and fitted with an approved stormwater diversion valve arrangement in accordance with the provisions of a Trade Waste Permit and the Plumbing and Drainage Act 2002.

Timing: At all times.

b) Liquid Waste Storage

Store all liquid waste (e.g. oil, waste oil, paint tins, acid drums, batteries etc.) that cannot be disposed of in Council’s sewerage system or an on-site industrial waste treatment system in a covered area on an impervious surface and ensure it is contained in a manner capable of containing the liquids in case of spillage. Timing: At all times.

b) OPERATIONAL WORK

a) Stormwater Drainage

Obtain a Development Permit for Operational Work for Engineering Work (Stormwater Drainage Works). Timing: Prior to the commencement of any Stormwater Drainage works.

b) Parking & Access

Obtain a Development Permit for Operational Work for Engineering Works - Parking and Access Works. Timing: Prior to the commencement of any car parking or access works.

c) Design, Construction & Maintenance – Parking & Access

Design, construct and maintain all car parking and access works generally in accordance with the approved plans, Capricorn Municipal Development Guidelines, AS2890-1: 2004 Parking facilities – Off-street car parking, and Manual of Uniform Traffic Control Devices (Queensland).

Timing: At all times.

d) On- Site Car Parking

Provide and retain 18 car parking spaces on-site in accordance with the approved plans. All car parking spaces must be given suitable hard stand surface treatment (concrete or bitumen). Timing: At all times.

c) STORAGE OF HAZARDOUS MATERIALS OR CHEMICALS

a) Storage of Hazardous Materials or Chemicals

The storage in bulk of hazardous materials or hazardous chemicals must be above the Defined Flood Event (DFE).

Timing: At all times.

9. APPROVED PLANS

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

10. ADVISORY NOTES

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

A. GENERAL ENVIRONMENTAL DUTY

General environmental duty under the Environmental Protection Act 1994 prohibits unlawful

environmental nuisance caused by noise, aerosols, particles, dust, ash, fumes, light, odour or smoke

beyond the boundaries of the property during all stages of the development including earthworks,

construction and operation.

B. ABORIGINAL CULTURAL HERITAGE

It is advised that under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out

an activity must take all reasonable and practicable measures to ensure the activity does not harm

Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the

duty of care are listed in the Aboriginal cultural heritage legislation. The information on Aboriginal cultural

heritage is available on the Department of Aboriginal and Torres Strait Islander Partnerships website

(www.datsip.qld.gov.au).

C. INFRASTRUCTURE CHARGES NOTICE

This application is not subject to infrastructure charges in accordance with Council policies and Adopted

Infrastructure Charges Resolution (No. 12.2) 2017.

Title Plan No. Revision Date Prepared by

Proposed Site Layout 261350.2 B Aug 2019 Des Skinner Designs

Proposed Building Elevations

261350.40 A Aug 2019 Des Skinner Designs

11. FURTHER DEVELOPMENT PERMITS REQUIRED

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

• Development Permit for Operational Works

• Development Permit for Building Work

• Development Permit for Plumbing Works

12. RIGHTS OF APPEAL

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

A copy of the relevant appeal provisions are attached.

13. OTHER DETAILS

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

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

14. DELEGATED PERSON

Name: Sarah Ronnfeldt

Signature:

Date:

13 January 2019

PRINCIPAL PLANNER DEVELOPMENT ASSESSMENT

Enc: Approved Plans Appeal Provisions

APPEAL RIGHTS

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

Chapter 6 Dispute resolution

Part 1 Appeal rights

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

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

(b) the person— (i) who may appeal a matter (the appellant); and (ii) who is a respondent in an appeal of the matter; and (iii) who is a co-respondent in an appeal of the matter; and (iv) who may elect to be a co-respondent in an appeal of the matter.

(2) An appellant may start an appeal within the appeal period. (3) The appeal period is—

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

(b) for an appeal against a deemed refusal—at any time after the deemed refusal happens; or (c) for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the

registration of premises—20 business days after a notice is published under section 269(3)(a) or (4); or (d) for an appeal against an infrastructure charges notice—20 business days after the infrastructure charges

notice is given to the person; or (e) for an appeal about a deemed approval of a development application for which a decision notice has not been

given—30 business days after the applicant gives the deemed approval notice to the assessment manager; or (f) for any other appeal—20 business days after a notice of the decision for the matter, including an enforcement

notice, is given to the person. Note— See the P&E Court Act for the court’s power to extend the appeal period.

(4) Each respondent and co-respondent for an appeal may be heard in the appeal. (5) If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or

P&E Court to withdraw from the appeal. (6) To remove any doubt, it is declared that an appeal against an infrastructure charges notice must not be about—

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

(i) the establishment cost of trunk infrastructure identified in a LGIP; or (ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.

229 Notice of appeal

(1) An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that— (a) is in the approved form; and (b) succinctly states the grounds of the appeal.

(2) The notice of appeal must be accompanied by the required fee. (3) The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice

of appeal to— (a) the respondent for the appeal; and (b) each co-respondent for the appeal; and (c) for an appeal about a development application under schedule 1, table 1, item 1—each principal submitter for

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

change application; and (d) each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is

not a principal submitter in an appeal under paragraph (c) or (ca); and (e) for an appeal to the P&E Court—the chief executive; and (f) for an appeal to a tribunal under another Act—any other person who the registrar considers appropriate.

(4) The service period is— (a) if a submitter or advice agency started the appeal in the P&E Court—2 business days after the appeal is

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

(5) A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6). (6) A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days

after the notice of appeal is given to the person.