Town Planning Report - Mackay Council...Town Planning Report 9 Waddells Road, Nindaroo Cardno...

Town Planning Report

9 Waddells Road, Nindaroo HRP15366

Development Permit – Reconfigure a Lot – 2 Rural Lots into 2 Lots

Prepared for Ricky Baretta

December 2015

Town Planning Report

9 Waddells Road, Nindaroo Lot 1 SP103084 & Lot 4 SP153669 HRP15366

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Town Planning Report 9 Waddells Road, Nindaroo

Cardno HRP15366 ii

Document Information

Prepared for Ricky Baretta

Project Name 9 Waddells Road, Nindaroo

File Reference Town Planning Report v1

Job Reference HRP15366

Date December 2015

Document Control

Version Date Author Author Initials

Reviewer Reviewer Initials

1 10.12.15 John Viklund JV Michael Jewell MJ

Prepared for: Ricky Baretta C/- Po Box 759, Mackay, Qld, 4740

Prepared by: Cardno HRP

Cardno HRP retains ownership and copyright of the contents of this document including drawings, plans, figures and other work produced by Cardno HRP. This document is not to be reproduced in full or in part, unless separately approved by Cardno HRP. The client may use this document only for the purpose for which it was prepared. No third party is entitled to use or rely on this document. This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply. For a copy, please contact us or visit http://www.hrppc.com.au/TermsConditions. Our report is based on information made available by the client. The validity and comprehensiveness of supplied information has not been independently verified and, for the purposes of this report, it is assumed that the information provided to Cardno HRP is both complete and accurate. Whilst, to the best of our knowledge, the information contained in this report is accurate at the date of issue, changes may occur to the site conditions, the site context or the applicable planning framework. This report should not be used after any such changes without consulting the provider of the report or a suitably qualified person.

http://www.hrppc.com.au/TermsConditions


Cardno HRP15366 iii

Table of Contents

1 Executive Summary 5

1.1 Site Details 5

1.2 Application Details 5

2 Introduction 6

2.1 Pre-lodgement Advice 6

2.2 Pre-lodgement Referral Response 6

3 Site Details and Characteristics 7

3.1 Site Details 7

3.1.1 Location 7

3.2 Site Characteristics 7

3.2.1 Current Use of the Site 7

3.2.2 Road Frontages 7

3.2.3 Existing Significant Vegetation and Waterway Values 7

3.2.4 Ownership 7

3.2.5 Easements 8

3.2.6 Surrounding Land Uses and Zoning 8

3.2.7 Access 8

3.2.8 Existing Infrastructure and Services 8

3.2.9 Site Contamination 8

3.2.10 Topography 8

3.2.11 Planning Scheme Overlay Mapping 9

4 Proposed Development 10

4.1 Application Particulars 10

4.2 Proposal Description 10

4.3 Impact on Amenity 10

4.4 Infrastructure Services 10

4.5 Adopted Infrastructure Charges 10

5 Statutory Town Planning Framework 11

5.1 Introduction 11

5.2 Sustainable Planning Act 2009 11

5.2.1 Code Assessment 11

5.2.2 Referral 12

5.2.3 Public Notification 13

5.2.4 State Planning Regulatory Provisions 13

5.2.5 State Planning Policies 13

5.3 MIW Regional Plan 14

5.4 Consolidated Mackay City Planning Scheme 2009 14

5.4.1 Area Classification 14

5.4.2 Applicable Development Codes 14

5.5 Draft Mackay Region Planning Scheme 15

6 Compliance Summary 17

6.1 Introduction 17

6.2 State Planning Regulatory Provisions 17

6.3 State Planning Policies 17

6.4 Consolidated Mackay City Planning Scheme 2009 17


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6.5 Compliance with Applicable Codes 17

6.5.1 Mackay Frame Locality Code 17

6.5.2 Reconfiguration of a Lot Code 17

6.5.3 Environment and Infrastructure Code 18

6.5.4 Bushfire Management Overlay Code 18

6.5.5 Development in the Vicinity of Mackay Airport Overlay Code 18

6.5.6 Development on Steep Land Overlay Code 18

6.5.7 Good Quality Agricultural Land Overlay Code 18

7 Conclusions and Recommendations 19

Appendices

Appendix A – Statement of Code Compliance

Appendix B – Plan of Development

Appendix C – Owners Consent

Appendix D – Current Title Search

Appendix E – Registered Survey Plan and Smart Map

Appendix F – Searches: CLR and EMR

Appendix G – State Government Mapping Searches

Appendix H – IDAS Forms

Appendix J – XXXX

Appendix K – XXXX


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1 Executive Summary

1.1 Site Details

Site Details

Address 9 Waddells Road, Nindaroo

RPD 1 SP103084 & Lot 4 SP153669

Owner Francis Gino Baretta

Locality Frame

Precinct McCreadys Creek

Zoning Rural

Site Area Lot 1: 3,342m2

Lot 4: 24.95ha

1.2 Application Details

Application Details

Development Type Development Permit to Reconfigure a Lot – 2 Rural Lots into 2 Lots

Level of Assessment Code

Proposal Summary Boundary realignment

Defined Land Use NA

Referral – Concurrence Nil

Referral – Advice Nil

Applicant Ricky Baretta C/- Cardno HRP

Applicant’s Representative

John Viklund

Reference HRP15366


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2 Introduction

This Town Planning report accompanies a development application over land located at 9 Waddells Road,

Nindaroo (refer to Figure 1 – Location Plan).

Ricky Baretta is seeking a Development Permit for a Reconfiguration of a Lot – 1 Rural Lot into 2 Lots.

Section 4 – The Proposed Development of this report together with Appendix B – Plan of Development

contains detailed information with regard to the design of the proposed development.

The proposal is assessable development under the Consolidated Mackay City Planning Scheme 2009

(effective February 2014). The planning scheme requires a Code Assessable development application to be

made in this instance.

Section 313 of the Sustainable Planning Act 2009 (“the SPA”) prescribes the requirements for Code

Assessment.

Section 6 – Summary of Compliance of this report provides a summary of the proposed development’s

compliance with the applicable provisions of the relevant planning framework. Appendix A – Statement of

Code Compliance to this report contains the complete assessment of the proposed development against

the applicable criteria of the relevant codes of the Consolidated Mackay City Planning Scheme 2009.

2.1 Pre-lodgement Advice

On 2 December 2015 Council’s Acting Manager of Development Services advised that: The proposal was discussed at DART recently and it was determined that the proposed realignment was an acceptable outcome as no agricultural land is being removed from production. It is advised that Council would be supportive of the application if submitted as per the attached proposal plan. The Plan of Development submitted with the pre-lodgement request is unchanged in this report.

2.2 Pre-lodgement Referral Response

N/A.


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3 Site Details and Characteristics

3.1 Site Details

3.1.1 Location

The subject site is situated at Waddells Road, Richmond and is located within the Rural Zone in the

McCreadys Creek Planning Precinct, Frame Locality.

3.2 Site Characteristics

3.2.1 Current Use of the Site

Lot 1: Dwelling house

Lot 4: Cane farm.

Figure 3-1: Site and surrounding uses (source: MRC MiMAPS 2015 imagery)

3.2.2 Road Frontages

Lot 1: Waddells Road (rural access).

Lot 4: Waddells Road, Mackay-Habana Road (rural arterial), Woodwards Road (rural access).

3.2.3 Existing Significant Vegetation and Waterway Values

The site is not affected by regulated vegetation or waterways. Refer to Appendix G – State Government

Mapping Searches.

3.2.4 Ownership

The registered owner of the subject lots is Francis Gino Baretta. Refer to Appendix D – Current Title

Search for details.


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3.2.5 Easements

There is an existing easement (Easement A SP153669) through the subject lot for water supply purposes.

The easement is not affected by the development but notwithstanding will be cancelled prior to registration of

the new title.

3.2.6 Surrounding Land Uses and Zoning

The site and surrounding lots are zoned Rural under the Mackay City Planning Scheme 2009.

Dwellings exist on lots to the east, west and north of Lot 1. Cedars Quarry adjoins Lot 4 to the south.

3.2.7 Access

Lot 1: Rural access to Waddells Road.

Lot 4: Rural access to Waddells Road, two rural (farm accesses) to Woodwards Road.

Refer to Appendix B Plan of Development.

3.2.8 Existing Infrastructure and Services

Lot 1: Telephone, electricity, bore-fed water supply, on-site sewerage

Lot 4: Nil

3.2.9 Site Contamination

On 8 December 2015 a search of the Environmental Register and Contaminated Land Register was

executed, which confirmed that neither lot is included in either register.

Refer to Appendix F – Searches CLR & EMR for details.

3.2.10 Topography

The subject site exhibits predominantly gentle grades through the farmed portion, increasing to low hills in the non-farmed areas. The area around the existing dwelling has a grade of less than 10%. Refer to Figure 3-2 & Figure 3-3 below.

Figure 3-2: Topography (Source: MRC MiMAPS, 2015 Imagery, 5m, 1m contours)


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Figure 3-3: Gradients surrounding the existing dwelling

3.2.11 Planning Scheme Overlay Mapping

The following Planning Scheme Overlays apply to the site:

Airport Development Distances (whole of site)

Bushfire Management

Good Quality Agricultural Land

High Impact Areas (whole of site)

Development on Steep Land

Refer to Figure 3-4 below.

Figure 3-4: Planning Scheme Overlay Mapping (source: MRC MiMAPS)

9.7%


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4 Proposed Development

4.1 Application Particulars

Table 4-1 Application Particulars

Application Particulars

Development Type Development Permit for a Reconfiguration of a Lot – 2 lots into 2 lots

Level of Assessment Code

Proposal Summary To realign the common boundary between the two lots.

Referral – Concurrence Nil

Referral – Advice Nil

4.2 Proposal Description

Table 4-2 demonstrates the existing and proposed lot areas and frontages:

Table 4-2 existing and proposed lot areas and frontages

Existing Proposed % Change in

Area Area Frontage Area Frontage

Lot 1 3,342m2 73m 9,430m2 73m +282%

Lot 4 24.95ha 889m 24.341ha 889m -2.5%

The proposed realignment transfers a non-productive area of Lot 4 to Lot 1. The transfer of land improves

the amenity and utility of Lot 1 by increasing its yard area, without impacting on rural production capacity of

Lot 4.

4.3 Impact on Amenity

The use of the land will not change following the realignment. Therefore there will not be any noticeable

impact on amenity.

4.4 Infrastructure Services

The proposal changes the position of a boundary line only and no change to servicing of either lot is

proposed.

4.5 Adopted Infrastructure Charges

In accordance with Council’s Adopted Infrastructure Charges Resolution (AICR) (effective from 16 April

2013), Council infrastructure charges and credits are applicable to any development approval for

Reconfiguration of Lot and Material Change of Use.

Council’s AICR specifies the following methodology of apportioning charges and credits to a Reconfiguration

of a Lot (residential lot).

Charges

The maximum adopted charge for a 3 bedroom or more dwelling per lot.

Credits

Adopted Infrastructure = [(Demand units X Adopted infrastructure Charges rate)] – [(Demand discount units

X Charge Adopted infrastructure credits rate) or (value of contributions previously paid)]].

As there is no increase in the number of lots, in this instance no charges will apply.

B


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5 Statutory Town Planning Framework

5.1 Introduction

This section of the town planning report explains the applicable components of the statutory town planning

framework and their relevance to the proposed development.

5.2 Sustainable Planning Act 2009

The Sustainable Planning Act 2009 (the SPA) is the statutory instrument for the State of Queensland under

which, amongst other matters, development applications are assessed by local governments.

The SPA delivers an Integrated Development Assessment System (IDAS) for integrating State and local

government assessment and approval processes for development. Relevant stages in the IDAS process

including referral and public notification are addressed below.

5.2.1 Code Assessment

The planning framework relevant to assessing the development application at the time of lodgement

comprises the SPA and the Consolidated Mackay City Planning Scheme 2009 (effective February 2014).

Section 238 of the SPA prescribes that a Development Permit is necessary for assessable development, as

declared under the relevant planning scheme.

In this instance, a Code Assessable development application is required to be made to the Assessment

Manager to acquire the necessary Development Permit (refer to Section 5.4 – Consolidated Mackay City

Planning Scheme 2009 of this report).

Section 313 of SPA set out the provisions for assessment managers to assess Code Assessable

applications as follows:

“(2) The assessment manager must assess the part of the application against each

of the following matters or things to the extent the matter or thing is relevant to

the development—

(a) the State planning regulatory provisions;

(b) the regional plan for a designated region, to the extent it is not identified

in the planning scheme as being appropriately reflected in the planning

scheme;

(c) if the assessment manager is not a local government—the laws that are

administered by, and the policies that are reasonably identifiable as

policies applied by, the assessment manager and that are relevant to the

application;

(d) State planning policies, to the extent the policies are not identified in—

(i) any relevant regional plan as being appropriately reflected in the

regional plan; or

(ii) the planning scheme as being appropriately reflected in the

planning scheme;

(e) any applicable codes in the following instruments—

(i) a structure plan;

(ii) a master plan

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v) a planning scheme;


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(f) if the assessment manager is an infrastructure provider – an adopted

infrastructure charges resolution or the priority infrastructure plan.

(3) In addition to the matters or things against which the assessment manager must

assess the application under subsection (2), the assessment manager must

assess the part of the application having regard to the following—

(a) the common material;

(b) any development approval for, and any lawful use of, premises the

subject of the application or adjacent premises;

(c) any referral agency’s response for the application.

(d) the purposes of any instrument containing an applicable code.

(4) If the assessment manager is not a local government, the laws that are

administered by, and the policies that are reasonably identifiable as policies

applied by, the assessment manager and that are relevant to the

application, are taken to be applicable codes in addition to the applicable

codes mentioned in subsection (2)(c) or (e).

(5) The assessment manager must not assess the application against, or having

regard to, anything other than a matter or thing mentioned in this section.

(6) Subsection (2)(a), (b) and (d) does not apply for the part of an application

involving assessment against the Building Act.”

According to Section 326 of the SPA:

“(1) The assessment manager’s decision must not conflict with a relevant instrument

unless—

(a) the conflict is necessary to ensure the decision complies with a State

planning regulatory provision; or

(b) there are sufficient grounds to justify the decision, despite the conflict; or

(c) the conflict arises because of a conflict between—

(i) 2 or more relevant instruments of the same type, and the decision

best achieves the purposes of the instruments; or

(ii) 2 or more aspects of any 1 relevant instrument, and the decision

best achieves the purposes of the instrument.”

At the time of the lodgement of the development application, the common material comprises the application

material only. The application material includes an assessment of the proposed development against the

relevant planning documents and the assessment criteria of the SPA. However, information arising from the

subsequent Information and Referral Stage will also form part of the common material to be assessed by

Council.

5.2.2 Referral

Section 254 of the SPA states that:

“A referral agency has, for assessing and responding to the part of an application

giving rise to the referral, the jurisdiction or jurisdictions prescribed under a regulation.”

Section 13 of the Sustainable Planning Regulation 2009 (“SPR”) explains that:

“For sections 250(a), 251(a) and 254(1) of the Act —

(a) schedule 7, column 2 states the referral agency, and whether it is an advice

agency or a concurrence agency, for the development application mentioned in

column 1; and

(b) schedule 7, column 3 states the jurisdiction of the referral agency mentioned in

column 2.”


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No referrals have been identified as relevant to the proposal.

5.2.3 Public Notification

According to Section 295 of the SPA, the notification stage of the IDAS process applies to an application if

either of the following applies –

“(a) any part of the application requires impact assessment;

(b) the application is an application to which section 242 applies.”

The proposal does not require Impact Assessment.

5.2.4 State Planning Regulatory Provisions

A State Planning Regulatory Provision is an instrument made under Division 2 and Part 6 of the SPA for an

area to advance the purpose of the Act by—

(a) providing regulatory support for regional planning or master planning; or

(b) providing for a charge for the supply of infrastructure; or

(c) protecting planning scheme areas from adverse impacts.

A State Planning Regulatory Provision includes a draft State Planning Regulatory Provision.

Section 313(2)(a) of the SPA requires an Assessment Manager to assess an application against a State

Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the

development.

At the time of lodgement, the following relevant State Planning Regulatory Provisions were in force relevant

to the proposal:

State Planning Regulatory Provision (Adopted Charges) July 2012

The draft State Planning Regulatory Provision (Adopted Charges) establishes a maximum adopted

charge for trunk infrastructure, identifies for certain local government areas, priority infrastructure

areas to facilitate some aspects of development sequencing in relation to the charging framework

while those local governments complete their priority infrastructure plans, and provides a default

proportional split that may be levied by a distributor retailer and relevant local government, until 30

June 2013. These State Planning Regulatory Provisions are relevant to the proposed development

as the subject site is located within a local government area to which the State Planning Regulatory

Provisions apply.

5.2.5 State Planning Policies

A State Planning Policy is an instrument made by the Minister about matters of State interest. As prescribed

by Section 314(2)(d) of the SPA, an assessment manager must have regard to State Planning Policies, if

they are not identified in the planning scheme as being appropriately reflected in the planning scheme.

At the time of lodgement, the following State Planning Policies were in force:

The State Planning Policy (SPP)

The State Planning Policy replaces around a dozen repealed SPPs and provides a comprehensive

view of the State’s interests in land use planning and development for reference of local

governments in preparing planning schemes and assessing development applications.

There are 16 state interests arranged under five broad themes:

Liveable communities and housing

Economic growth

Environment and heritage

Hazards and safety

Infrastructure.


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Part E: Interim Development Assessment Requirements details requirements which should be

considered in the preparation of development applications and must be considered by an

assessment manager when the local government planning scheme has not yet appropriately

integrated the state interests in the SPP.

5.3 MIW Regional Plan

The Mackay Isaac Whitsunday Regional Plan (MIW) came into full effect on 8 February 2012. Its primary

purpose is to provide a sustainable growth management strategy for the region that articulates strategic

direction and certainty that will accommodate a significant increase in population in MIW to 2031.

5.4 Consolidated Mackay City Planning Scheme 2009

The Consolidated Mackay City Planning Scheme 2009 came into effect in November 2009, replacing the

superseded Mackay City Planning Scheme 2006, and is the relevant planning scheme for the assessment of

development proposals within the former Mackay local government area.

5.4.1 Area Classification

The site is located within the Rural Zone of the Consolidated Mackay City Planning Scheme 2009.

5.4.2 Applicable Development Codes

As the proposal is Code Assessable development, the proposal is assessed against the relevant codes as

required by Table 3-2 – Assessment Categories and Applicable Codes – Other Types of Development.

Below is a list of the codes relevant to the proposal.

Codes

Primary Codes

Mackay Frame Locality Code including the Rural Zone

Reconfiguration of a Lot Code

Environment and Infrastructure Code

Overlay Codes

Bushfire Management Overlay Code

Development in the Vicinity of Mackay Airport Overlay Code

Development on Steep Land Overlay Code

Good Quality Agricultural Land Overlay Code

A summary of compliance is set out in Section 6 of this report. A detailed assessment against the all of the

relevant provisions of the abovementioned codes is provided at Appendix A – Statement of Code

Compliance.


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5.5 Draft Mackay Region Planning Scheme

In December 2014 the Mackay Regional Council adopted its Draft Mackay Region Planning Scheme (the

Draft Planning Scheme), which is currently under review of the State Government prior to approval for

commencement. Version 0.8 of the Draft Planning Scheme was placed on public display from May 10, 2013

to August 2, 2013. A summary of applicable provisions under the V 0.8 Draft Planning Scheme is provided in

Table 5.2 below.

Table 5.2 – Applicable Draft Planning Scheme Provisions

Site Details

Address 9 Waddells Road, Nindaroo

RPD Lot 2 RP740432 & Lot 4 RP704319

Zone / Precinct Zone Map 5 – Rural zone

Overlays Airport Environs Overlay Map 5

13km from Airport

Bushfire Hazard Overlay Map 5

Medium Risk Area

Medium Risk Area 50m Buffer

Extractive Resources and High Impact Activities Overlay Map 5

KRA Separation Area

Good Quality Agricultural Land Overlay Map 5

Good Quality Agricultural Land

Good Quality Agricultural Land (300m buffer)

Landscape Character and Image Corridor Overlay Map 5

Landscape Character

Landslide Hazard Overlay Map 5

Landslide Hazard (Slope 15% or greater)

Regional infrastructure corridors and substations Overlay Map 5

Major electricity corridor

100 metres of a major electricity corridor

Short-Cycle Cropping Land Overlay Map 5

Short-Cycle Cropping Land

Short-Cycle Cropping Land Buffer

Use Definition NA

Defined Activity Group NA

Assessment Process RaL – Code Assessable

Codes for Assessment Rural zone code

General development requirements code


Overlay Codes

Summary of Key Provisions:

The Draft Reconfiguration of a Lot Code is primarily relevant to consideration of the proposed development.

Notably, the development cannot comply with Performance Outcome PO8 as the total area of the two lots is

less than 100ha in the Rural zone.

Performance Outcome PO16 and Acceptable Outcome AO16.2 are relevant to development involving

boundary realignments.


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Performance Outcome Acceptable Outcome

PO16

Lots created through boundary realignment (not

resulting in an additional number of lots) are:

(a) usable for development and integrate with the

character and amenity of the surrounding area;

(b) achieve one or a combination of the following:

(i) improved utility of the lot; or

(ii) boundary reflects natural features, infrastructure

corridors or easements; or

(iii) separation of uses or buildings; or

(iv) resolution of boundary encroachment issues.

AO16.2

Lots created through the realignment of a boundary

or boundaries (not resulting in an additional number

of lots) achieve one or a combination of the

following:

(a) the utility and efficiency of the lot/s for the

intended use is improved; or

(b) the alignment of reconfigured boundary/ies

reflects:

(i) natural features such as watercourses, ridgelines

or environmentally significant areas; or

(ii) infrastructure corridors such as roads and

electricity transmission lines; or

(iii) easements; or

(c) different uses or buildings are separated; or

(d) boundary encroachment issues, where a house,

structure or driveway/access way is built over a

boundary line, are resolved.

The proposed development achieves a number of the Performance Outcome / Acceptable Outcome criteria.

I.e.:

Boundary reflects natural features (non-agricultural land removed from the major parcel); and

The utility and efficiency of the lot/s for the intended use is improved.

Therefore, the proposed development is consistent with the Reconfiguration of a Lot Code in the Draft

Planning Scheme.


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6 Compliance Summary

6.1 Introduction

The following sections comprise a summary of compliance against the relevant provisions of the planning

framework as they apply to the proposed development, identified in Section 5 of this report.

More detailed information and responses to the Consolidated Mackay City Planning Scheme 2009 provisions

are included in the Appendices to the Town Planning Report. Appendix A – Statement of Code

Compliance is particularly relevant in this regard, as it contains an assessment of the proposed

development against the relevant codes of the Planning Scheme.

6.2 State Planning Regulatory Provisions

The current State Planning Regulatory Provisions are listed in Section 5.2.4 of this report.

There are no State Planning Regulatory Provisions that are relevant to the proposed development.

6.3 State Planning Policies

The development application must have regard to all relevant and applicable State Planning Policies, which

are not incorporated or reflected Consolidated Mackay City Planning Scheme 2009.

The State Planning Policies in force at the time of lodgement, and those which are identified in Consolidated

Mackay City Planning Scheme 2009 as being appropriately reflected in the Planning Scheme are listed in

Section 5.2.5 of this Report.

There are no current State Planning Policies not reflected in the Planning Scheme that are relevant to the

proposed development.

6.4 Consolidated Mackay City Planning Scheme 2009

A comprehensive assessment of the relevant criteria in the Consolidated Mackay City Planning Scheme

2009 has been undertaken below.

6.5 Compliance with Applicable Codes

A comprehensive assessment of the development compliance with the relevant codes of the Consolidated

Mackay City Planning Scheme 2009 is included as Appendix A - Statement of Code Compliance of this

Town Planning Report. Compliance with the codes is summarised below.

6.5.1 Mackay Frame Locality Code

Development that achieves the Specific Outcomes for the Mackay Hinterland Locality Code including the

Rural zone complies with the Mackay Hinterland Locality Code.

The development complies with all applicable Specific Outcomes of the Mackay Frame Locality Code

including the Rural Zone within the Mackay Frame Locality and therefore complies with the Code.

A detailed statement of compliance is provided in Appendix A.

6.5.2 Reconfiguration of a Lot Code

Development that achieves the Specific Outcomes for the Reconfiguration of a Lot Code complies with the

Code.

The development complies with all applicable Specific Outcomes of the Reconfiguration of a Lot Code and

therefore complies with the code.



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6.5.3 Environment and Infrastructure Code

Development that achieves the Specific Outcomes for the Environment and Infrastructure Code complies

with the Code.

The development complies with all applicable Specific Outcomes of the Environment and Infrastructure Code

and therefore complies with the code.


6.5.4 Bushfire Management Overlay Code

The area mapped on the Overlay Code as subject to Bushfire Hazard is under cane cultivation and has no

associated bushfire risk hazard. The proposed boundary realignment will therefore not have any impact on

exposure to risk of bushfire hazard. Further assessment of the Code has not been undertaken.

6.5.5 Development in the Vicinity of Mackay Airport Overlay Code

The development is exempt development per Table 8-8 “Assessment Categories and Relevant Assessment

Criteria for Development in the Vicinity of Mackay Airport Overlay – Other Development” as the proposal is

for Reconfiguration of a Lot more than 6km from the runway. Further assessment of the Code has not been

undertaken.

6.5.6 Development on Steep Land Overlay Code

The overlay mapping covers a broad area of proposed Lot 1, while the existing dwelling is located in an area

with grades below 10%. As the proposal does not involve any works and will not increase the risk to life or

property due to potential slip, further assessment of the code has not been undertaken.

6.5.7 Good Quality Agricultural Land Overlay Code

Development that achieves the Specific Outcomes for the Good Quality Agricultural Land Code complies

with the Code.

The development complies with all applicable Specific Outcomes of the Good Quality Agricultural Land Code

and therefore complies with the code.



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7 Conclusions and Recommendations

This Town Planning Report accompanies an application by Ricky Baretta for Reconfiguring a Lot – 2 lots into

2 lots.

Technical assessments have been undertaken with regard to the proposed development in order to assess

potential impacts and to address the relevant codes used by Council to assess the proposed development.

The information provided in this Town Planning Report (and accompanying technical appendices)

demonstrates that the proposed development complies with all applicable provisions of the relevant planning

framework or there are relevant grounds to support the development.

The proposed development complies, and is consistent with the relevant and applicable provisions of the

statutory town planning framework. In particular, the proposed development:-

I. Is consistent with the relevant parts of the Consolidated Mackay City Planning Scheme 2009;

II. Promotes a logical boundary reconfiguration and improves the utility of Lot 1;

III. Does not impact on rural production capacity of the site or the locality; and

IV. Does not impact on the amenity of the locality or exacerbate any known impacts in the locality.

We therefore recommend that Council favourably consider the proposed development and approve the

proposed development application, subject to reasonable and relevant conditions.

Yours faithfully

John Viklund

Senior Planner

For CARDNO HRP

Michael Jewell Office Manager and Principal For CARDNO HRP


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9 Waddells Road, Nindaroo

APPENDIX

A STATEMENT OF CODE COMPLIANCE


Cardno HRP14269 22

Statement of Code Compliance

Consolidated Mackay City Planning Scheme 2009

Primary Codes

Mackay Frame Locality Code


Environment and Infrastructure Code

Secondary Codes

Nil


HRP15366 Cardno HRP 23

MACKAY FRAME LOCALITY CODE Specific Outcomes Acceptable / Probable Solutions Discussion

Assessable Development

P1 Commercial development is located in the commercial zone and does not detract from the network of centres referred to in the Desired Environmental Outcomes.

S1 No solution specified. Not Applicable

P2 Residential development where residential use is the

predominant activities (as distinct from farming for example) occurs on land located within the Village zone, Urban Residential zone and the Rural Residential zone.


P3 Tourist development sites generally exhibit a number of the following characteristics: (i) proximity to infrastructure and services adequate to

meet the day-to-day needs of the tourist population likely to be generated by development on the site; and

(ii) proximity to a natural attraction without the potential for adverse effects upon the attributes or values which give rise to the attractiveness of the site; or

(iii) an area of land sufficient to contain fully the extent of the proposed development and the potential impacts likely to flow from it;

(iv) land suitable in its physical characteristics to accommodate the form, scale and intensity of development proposed without imposing unnecessary or unacceptable impacts upon the surrounding area; or

(v) are not located within established residential areas or accessed only via residential street.

S3 No solution specified Not Applicable

P4 Land uses adjacent to industrial areas and key extractive resources areas which are incompatible with those areas include a buffer which mitigates any adverse impacts from the industrial use on the new use.


The development is within the separation area to the Cedars Quarry but does not introduce a new use.



P5 Residential development on land zoned for residential uses, adopts or creates new traffic and transport systems which:

(i) are based on the hierarchy of roads;

(ii) are appropriate to the transport and traffic tasks required by the proposed development, having regard to its scale, intensity and character;

(iii) are linked efficiently and safely with the existing road network;

(iv) promote the safe movement of traffic, cyclists and pedestrians throughout the development area; and

(v) minimises the potential for through traffic and local traffic conflicts and for industrial and non-industrial traffic conflicts.


P6 Rail infrastructure corridors in the City are protected from the constraining effects of proximate, sensitive land uses by seeking buffers, acoustic screens or other forms of physical separation. Where development occurs in close proximity to a rail corridor, appropriate mitigation measures in the design and siting of buildings and recreation space are provided.


P7 New uses and development within the rail corridor, including rail freight yards, stations and shunting yards, has regard for the environmental impacts upon adjacent and adjoining properties.


P8 The network of cane tramways throughout the City is protected from the effects of incompatible development. New estate development for urban residential, rural residential or village purposes is planned to minimise the potential for tramway traffic to conflict with vehicular, bicycle or pedestrian traffic through a combination of careful design and maintaining adequate buffers or separations.


P9 New development is serviced by the full range of urban infrastructure in an orderly, efficient and equitable manner as established in the priority infrastructure plan.


P10 Land fronting the Bruce Highway has limited direct access, if any, to the highway in accordance with the requirements and specifications of the Department of Main Roads




P11 The route of the possible future Port Access corridor linking the industrial areas of the City with the Mackay seaport is preserved.


P12 The use and development of port land subject to freehold lease or similar title, or land adjacent to the airport, includes mechanisms to minimise, mitigate and manage any environmental impacts on the freehold land which may arise from the port operations.


P13 The operational efficiency of the major road transport routes serving the Mackay seaport, the airport, the railway and the Paget industrial area is maintained by:

(i) ensuring adequate buffers or separations between noise and traffic sensitive activities and these major routes; and

(ii) planning development according to the road hierarchy illustrated on the Information Map – Key Infrastructure.


P14 Open space areas are protected from the adverse affects of development through:

(i) limiting development within open space areas to low impact activities, facilities and works that maintain the value of the area;

(ii) locating development on adjoining land in parts of the site less likely to have adverse effects;

(iii) providing buffers to open space areas of sufficient width to mitigate any adverse effects; and

(iv) adopting impact mitigation and management measures for development likely to cause adverse effects.


P15 Open space and recreation areas are preserved by providing that development of land in proximity to high use areas (e.g. the racecourse at Ooralea) is designed and sited to take into account:

(i) noise;

(ii) lighting; and

(iii) traffic impacts of activities and major events.




RURAL ZONE IN THE MACKAY FRAME LOCALITY CODE Specific Outcomes Acceptable / Probable Solutions Discussion


P1 The use of rural zoned land for rural purposes is sustainable over the long term by:

(i) avoiding fragmentation of agricultural lots; and

(ii) using the land according to industry best practice, including:

risk reduction for natural hazards such as bushfire, flooding, land slips and soil erosion;

the management of weeds and pests;

waste reduction and management;

ensuring the intensity of use is in keeping with the capacity of the land.1

S1 No solution specified.

Complies

The proposed realignment involves a non-productive area of Lot 4 and will not result in fragmentation or alienation of GQAL.

P2 The major infrastructure supporting the sugar industry mills, and associated network of tramways and haul-out roads is protected from the effects of encroaching sensitive land uses.


Not Applicable

P3 Intense forms of rural activity requiring significant improvements to the City's infrastructure, are located within reasonable proximity to the urban area of Mackay and the Port of Mackay, providing that the environmental impacts can be managed and the particular nature of the activity does not require a more remote location.


P4 Rural Residential Development does not occur. S5 No solution specified. Not Applicable

1 Certain management practices for the conduct of an agricultural use are ‘exempt’ development in accordance with Schedule 8 of the Integrated Planning Act 1997.



ENVIRONMENT AND INFRASTRUCTURE CODE

Infrastructure

Specific Outcomes Acceptable / Probable Solutions Discussion

Infrastructure Provision

P1 Adequate infrastructure is provided in time to meet the needs of the development.

S1 The timing for provision of infrastructure for development complies with the standards and contribution requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Not Applicable

The proposed realignment will not require infrastructure provision.

Refer to section 4.7 of the Town Planning Report.

P2 Premises are provided with appropriate areas of private and public open space.

Note: Guidance in regards to the design and provision of

open space is provided in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

S2 The provision of open space complies with the standards and requirements detailed in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

Not Applicable

No open space is required to be provided.

P3 Premises have

(i) an adequate, safe and reliable supply of water, including potable water, and is connected, where possible, to an existing reticulated water supply.

(ii) the planning and design of potable water infrastructure considers Water Sensitive Urban Design (WSUD) such as water conservation initiatives.

S3.1 Premises are connected to Council’s reticulated water supply system.

S3.2 If connection to Council’s reticulated water supply system is not possible, a potable water supply is provided in accordance with the standards detailed in the Engineering Design guidelines Planning Scheme Policy).

Complies

Lot 1 has an existing dwelling serviced by bore water supply. No change to servicing is proposed.

P4 Treatment and disposal of waste water ensures:

1. no adverse ecological impacts on the environment, particularly nearby receiving environments including surface waters and ground water; and

2. the cumulative impacts of on site waste water treatment will not cause deterioration of environmental conditions;

3. the planning and design of wastewater infrastructure considers Water Sensitive Urban Design (WSUD) such as wastewater management measures.

S4.1 Connection to Council’s reticulated sewerage treatment system; or

S4.2 Where connection to Council reticulated sewerage system is not possible, and where 20 people or less, Council will refer to the requirements of the Environmental Protection (Water) Policy 1997 and the On Site Sewerage Code (NR&M July 2002) and AS 1547 to ensure the premises are suitable for effluent disposal.

S4.3 Where more than 20 people, no solution specified.

Complies

On-site disposal is utilised. No change or intensification to the existing system is proposed.




Stormwater Management

P5 Drainage works are planned for and designed to ensure that adjoining land and the existing upstream and downstream drainage systems are not adversely affected by development, taking into account:

(i) Water Sensitive Urban Design (WSUD) principles such as:

1. protect natural systems;

2. enhance natural waterway systems within urban development using natural channel design principles;

3. detention of stormwater instead of rapid conveyance;

4. minimise impervious areas;

5. utilisation of stormwater to conserve potable water;

6. integrate stormwater treatment into the landscape;

7. water efficient landscaping; and

8. protection of water related environmental values .

(ii) need for a stormwater system that can be economically maintained;

(iii) safety of pedestrians and vehicles;

(iv) location of discharge;

(v) construction of buildings, structures or paving up to site boundaries which avoid blocking or concentrating natural flow paths2.

(vi) fauna movement is provided for through bridges and culverts.

S5 Drainage works complies with the requirements of the Engineering Design Guidelines Planning Scheme Policy

Complies

No intensification of stormwater runoff will occur.

2 Guidance on the design and construction of drainage systems is provided by the Queensland Urban Drainage Manual 1994.




External Works

P6 Kerb and channelling is provided to a satisfactory standard and constructed to:

(i) prevent edge fretting;

(ii) perform required drainage functions;

(iii) provide the appropriate level of control for vehicle movement;

(iv) allow ready access to abutting properties at suitable locations; and

(v) contribute to the desired streetscape character of the locality.

S6 Premises are provided with kerb and channel in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

Roads

P7 All proposed road pavement surfaces:

(i) are of a quality and durability suitable to the intended traffic volumes and loads;

(ii) provide all-weather access;

(iii) allow the discharge of rainfall;

(iv) provide the safe passage of vehicles and pedestrians; and

(v) provide a reasonable, comfortable riding quality.

S7 Roads are provided in accordance with the Engineering Design Guidelines Planning Scheme Policy ‘.

Not Applicable

No road works are proposed.

Drainage networks

P8 In urban areas, the major drainage network is designed and constructed with the capacity to control stormwater flows under normal and minor system blockage conditions for the DFE applicable to drainage so that:

floodways are restricted to areas where there is no damage to property or hazards for motorists, and

runoff is directed to a lawful point of discharge through competently designed and constructed outlet works

S8 Design requirements of the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable




Public Utilities

P9 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement.3

S9 Street lighting and signage comply with the requirements of the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

Infrastructure Payments

P10 The costs of providing infrastructure is funded by the development giving rise to the need for the infrastructure.

S10 The funding of infrastructure complies with the requirements of the Contributions Planning Scheme Policy.

Not Applicable

There is no increase lot / number of demand units and therefore no contributions will apply.

Refer to section 4.7 of the Town Planning Report.

Car Parking and Access

P11 Premises are provided with:

(i) adequate vehicle parking spaces to satisfy the anticipated requirements of the activity;

(ii) safe and efficient access and manoeuvring areas to meet the anticipated volume and type of traffic;

(iii) large vehicles are able to enter and leave the site without prejudicing the safety and efficiency of the road;

(iv) access driveways are located and designed to minimise conflicts with traffic and pedestrians; and

(v) vehicle crossings from the carriageway to the frontage of the site are constructed and finished to appropriate standards for the expected volume and type of traffic generated by activities on the site.

S11.1 Vehicle parking on the site is in accordance with the rates specified in Schedule 2.

S11.2 Vehicles are able to enter and exit the site (with the exception of dwelling house and duplex) in a forward gear.

S11.3 The design of car parking and access complies with the requirements detailed in the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

The development does not trigger car parking assessment.

Environmental Amenity


Lighting Management

P1 Outdoor lighting does not cause a loss of amenity to adjacent premises or adversely impact on native fauna as a result of the light it emits either


3 ‘Australian Standards and Manual for Uniform Traffic Control Devices’ provides guidance in relation to these matters.




directly or by reflection.

Note: Council will refer to the provisions of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting

Overshadowing

P2 The amenity of adjacent residential land is not adversely affected by shadows cast by adjoining building or structures.

S2 Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.

Not Applicable

Building Setbacks

P3 Residential buildings are sited to minimise loss of amenity for residents’ adjacent to cane tram lines.

S3 Residential buildings are set back a minimum of:

(a) 50m from cane tram lines; and

(b) 100m from cane tram line level crossings and sidings.

Not Applicable

P4 Buildings are set back from a road frontage to:

(i) complement the existing built form; and

(ii) preserve the safety of vehicle movement along adjoining roads.


Noise and Vibration Management


P1 Noise and vibration do not detract from the amenity of residents or employees of any adjacent premises.


Not Applicable

P2 Premises accommodating uses which are likely to generate noise are designed and constructed with noise attenuation measures to avoid noise nuisance to nearby uses.


P3 Noise sensitive uses locating adjacent to State controlled transport infrastructure incorporate attenuation, building design and orientation measures.

Note: Development adjacent to State controlled roads

complies with the Department of Main Roads – Road Traffic Noise Management Code of Practice.


Not Applicable

Air Quality





P1 Premises used for purposes likely to generate emissions such as air pollutants, heat and odours incorporate:

(i) physical measures for removing pollutants from emissions prior to discharge to the atmosphere;

(ii) physical measures for reducing the temperature gradient between emissions and the atmosphere prior to discharge; and

(iii) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.


Not Applicable

Flooding



P1 Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential property damage and to ensure public safety.

S1.1 Development is sited on land that would not be subject to flooding during a DFE; or

S1.2 For development comprising a residential element, the floors of all habitable rooms are located 300mm above the DFE; or

S1.3 For non-residential development or development involving temporary or moveable residential structures (e.g. caravan parks):

(i) buildings are located and designed so that floor levels (except areas used for car parking) are 300mm above the DFE; or

(ii) there is at least one evacuation route that remains passable for emergency evacuations during all floods up to and including the DFE.

Not Applicable

The subject site is not identified to be at risk of flooding and inundation.


P2 There is no increase in the number of people living or working on a flood prone site, except where the premises are occupied on a short term or intermittent basis.


Not Applicable




P3 Development does not result in adverse impacts for the safety of people or the capacity to use land within a floodplain and does not involve:

(i) Any physical alteration to a watercourse; or

(ii) Net filling of 50 cubic metres; or

(iii) The proposed works either:

(A) avoid any reductions of on-site flood storage capacity and contain within the subject site any changes in depth/duration/velocity in flood waters of all floods up to and including the DFE; or

(B) do not change the flood characteristics at the DFE outside the subject site in ways that result in:

- loss of flood storage;

- loss of / changes to flow paths;

- acceleration or retardation of flows; or

- any reduction of flood warning times elsewhere on the floodplain.


Not Applicable

P4 Storage and handling of hazardous substances on sites that are subject to risk of inundation or damage through flood, ensures that persons and property are not placed at unreasonable risk.

S4 Storage or handling of substances that may be a hazard to the environment or human safety by the risk of contamination due to flooding:

(i) is undertaken in accordance with a risk assessment; and

(ii) provides for the storage of any hazardous substances above or securely isolated from the DFE level.

Not Applicable

P5 The use is designed to minimise the impact of Cyclonic Hazards


Undefined Flood and Inundation Areas

P6 Where flood limits are not identified, development is undertaken such that there is no adverse effects on flood levels or flows on the site or up-stream and down-stream of the site




Water Quality

Specific Outcomes Acceptable / Probable Solutions Proposal

P1 Development does not detract from the maintenance of water quality in the City’s watercourses and bulk water storages, in particular its:

(i) environmental values; and

(ii) where applicable, potability of the water supply.

S1 No solution specified. Complies

The proposal is identified as “low risk”.

P2 Premises incorporate:

1. physical measures for intercepting and treating surface water drainage and spilled substances prior to their release to the watercourses; and

2. bunding of sites or areas within sites or integrated drainage systems which include waste water treatment measures, where chemicals, fuels, lubricants or other soluble pollutants are being handled or stored.

Note: Council will refer to the Environmental Protection Policy (Water) 1997


P3 The City’s groundwater resources and surface waters are maintained by:

(i) providing a stormwater system that manages stormwater quantity and quality prior to discharging into receiving waters;

(ii) providing non-structural source control measures;

(iii) providing structural source control measures;

(iv) retaining or rehabilitating natural waterway corridors such as natural channels, wetlands and riparian vegetation;

(v) providing storage of waste water in secure and sealed storage facilities;

(vi) ensuring efficient disposal areas and ground and surface water retrieval areas are buffered from each other;

(vii) ensuring that contaminants do not enter the groundwater resources; and


Not Applicable




(viii) with reuse of reclaimed water, ensuring safe treatment and disposal of contaminated water.

P4 The biodiversity and habitat values of coastal areas and associated estuarine systems are protected from:

(i) increased nutrient or sediment levels; or

(ii) changed flow, inhibited passage, or hydrologic regimes of the natural coastal and marine margins, which may result from development.4


Not Applicable

P5 Sediment and nutrient loadings into a watercourse are minimised through:

(i) treated on-site effluent;

(ii) adequate stormwater run-off controls; and

(iii) on-site and off-site erosion and sediment controls.


Not Applicable

Erosion and Sediment Control


P1 Minimisation of the risk of erosion and sedimentation either on-site or elsewhere, by a comprehensive approach to soil erosion control and sedimentation management, including:

(i) the minimisation of:

(ii) earthworks;

(i) clearing of land;

(ii) long term stockpiling of excavated materials;

a. use of appropriate construction management techniques;

b. diverting surface water drainage around disturbed areas; and

c. treating and removing sediments from

S1 The control of Erosion and Sedimentation complies with Planning Scheme Policy 15.07 - Engineering Design Guideline D7 Soil and Water Quality Management.

Not Applicable

No construction or sediment control is proposed.

4 See ANZECC Australian and New Zealand Guidelines for Fresh and Marine Water Quality, 2000.




stormwater over disturbed areas prior to release from the site.

P2 Progressive rehabilitation of disturbed areas occurs within the site through a comprehensive rehabilitation program including:

a. the grading and reshaping of the disturbed areas to provide controlled and stable drainage flow paths;

b. the construction of drainage paths which divert high velocity flows away from disturbed areas;

c. the re-spreading of stored top soil stripped from the site; and

d. the planting of the disturbed area with native species of grasses, ground covers and trees.


Not Applicable

Coastal Management


P1

(i) there is no net loss of public access to the foreshore, or of public useability of coastal waters;

(ii) appropriate location and design is achieved with respect to sensitive coastal resources and their values;

(iii) roads that run parallel to the coast, are set back from erosion prone areas and significant coastal resources, with only smaller access roads running to the coast; and

(iv) minor spur roads to the foreshore and associated car parks provide access to the foreshore at locations that are convenient to the public, have low environmental sensitivity, and avoid locations that may increase storm tide hazard.


Not Applicable



Erosion Prone Areas

P1 Development and permanent buildings are minimised in erosion-prone areas as defined in this code (apart from temporary or relocatable structures required for safety and recreational purposes).

S1.1 Reconfiguring a lot within an erosion prone area incorporates erosion prone land as undeveloped open space.

S1.2 Relocatable structures such as picnic tables, barbecues, coastal trails, bikeways, demountable structures, equipment sheds, lookouts, elevated decks, shelter sheds etc are located within erosion prone areas only where they remain relocatable.

S1.3 All other development is; (i) located outside of the erosion prone area;

or (ii) as far landward as practical within the lot ;

and (iii) is coastal dependent development (as

defined in this code). S1.4 All building works (excluding demolition), including

extension to existing buildings, on lots wholly or partly within the erosion prone area are:

(i) For rural areas and undeveloped urban areas, located landward of the erosion prone area to minimise the extent of permanent building inside the erosion prone area; and

(ii) For urban areas, located wholly landward of the alignment of existing neighbouring buildings and of a scale and intensity similar to that of the surrounding development.

Not Applicable

P2 Where there is existing development within an erosion-prone area, redevelopment and extensions do not (as defined in this code):-

(i) extend the intensity of the existing level; or

(ii) compromise coastal management outcomes and principles

Note: Supporting information required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

P2 No solution specified.

Not Applicable



High Impact Activity Areas5

P1 Land uses adjoining high impact activity activities, including activities as indicated on Figure 9-8.1; and Figure 9-8.2 “High Impact Activities” and

Information Map “High Impact Activities”, are designed and sited to manage adverse effects on site users by providing:

(i) noise attenuation measures;

(ii) buffers between sensitive uses and the high activity areas;

(iii) landscaping including bunding between sensitive use areas and high impact activity areas; and

(iv) any other measures required to ensure that a nuisance is minimised.

Not Applicable

Lot 1 retains existing use rights for a dwelling – no change proposed.

Lot 4 is proposed to remain in rural production.

5 Refer to High Impact Activities Information Map



P2 Specific Sewerage Treatment Plants meet the following criteria:


PLANT BUFFER DISTANCE

Mackay Southern Water recycling Facility 97,000 EP

1.0km



Landscaping and Fencing


P1 Development is provided with adequate and suitable landscaping and screening on the site which ensures:

(i) an attractive streetscape appearance; and

(ii) the privacy and amenity of any adjoining residences.

S1 Landscaping is provided in accordance with the Landscaping Planning Scheme Policy

Not Applicable No landscaping is proposed.

P2 Landscaping is designed to prevent encroachment upon electricity infrastructure.

S2.1 Landscaping near electricity lines or substations, are designed and developed so that any vegetation at maturity or landscaping structures or works will not exceed 4.0m in height on land:

(i) in an electric line shadow6; or

(ii) within 5m of an electric line shadow; or

(iii) within 5m of a substation boundary.

S2.2 Elsewhere, vegetation is planted in a position that is further from the nearest edge of an electric line shadow or substation boundary than the expected maximum height at maturity of vegetation.

S2.3 On land adjoining an electricity substation boundary, the vegetation foliage at maturity will not be within 3m of the substation boundary. However, where a substation has a solid wall along any part of its boundary, foliage may extend to, but not above or beyond, that solid wall.

Not Applicable

No landscaping is proposed.

P3 Landscaping provides a 2m wide landscaped strip adjacent to the road frontage incorporating existing vegetation wherever possible.


Not Applicable


P4 A landscape strip is provided comprising either a 1.8m high solid fence or 2m wide planted screen adjacent to all side and rear boundaries of a site which adjoins any residential area.


Not Applicable


P5 Landscaping around buildings is designed to maximise shade and redirect cooling breezes in summer and to provide a windbreak in winter.


.

Not Applicable No landscaping is proposed.

6 Electric Line Shadow is defined in Schedule 1




P6 Landscaping incorporates planting for shading summer sun, including:

a. tall shade trees to the west and east of the building; and

b. trellises or pergolas adjacent to windows to the north of the building.


Not Applicable


P7 Landscaping is designed to maximise the outdoor shade areas and minimise use of hard reflective surfaces around the building.


.

Not Applicable


Landscaping for Outdoor Vehicle Parking Areas

P8 Landscaping for outdoor vehicle parking areas, where development is for the purposes of Accommodation units, multiple dwelling units, Sport and recreation, indoor entertainment, outdoor entertainment, child care centre, service station, motel, Industrial uses and retail or commercial uses, will:

(i) visually enhance the area along any road frontage;

(ii) screen the area from any adjoining residential or other sensitive uses;

(iii) provide visual relief and shade throughout the area; and

(iv) be compatible with local native species.

S8.1 Landscaping of outdoor vehicle parking areas provides planting of trees and shrubs:

(i) in a strip 2m wide along any primary road frontage at a density and a scale appropriate to the size of the vehicle parking area and the function of the adjoining road; and

(ii) in median areas throughout the vehicle parking area at a rate of 1 shade tree for every 6 parking spaces.

S8.2 Provide a wall, fence or continuous screen planting, to a height of at least 1.8m along any boundary to land used or likely to be used for residential or other sensitive use.

Not Applicable

The proposed development will not introduce a use listed in Specific Outcome P8.



Landscaping - General Requirements

P9 Landscaping is designed and established to:

(i) an appropriate scale relative to both the street reserve width and to the size and nature of the development;

(ii) incorporate remnant vegetation, where possible;

(iii) provide summer shade and shelter for pedestrian comfort and energy efficiency of buildings;

(iv) maximise areas suitable for on-site infiltration of stormwater;

(v) allow for pedestrian and vehicle safety;

(vi) generate a cohesive and distinct visual character for the streetscape and locality;

(vii) be suitable to the tropical climate;

(viii) provides planting, paving and other landscape treatment according to a Landscaping Plan; and

(ix) minimise irrigation requirements through appropriate plant selection, mulching and water efficient irrigation systems.

Note: The Landscape Planning Scheme Policy should

be referred to for information that may be required by Council to assist in assessment of an application.


Not Applicable


The site is note mapped as maintaining remnant vegetation or vegetation of significant value.

Vegetation Management

P10 Natural vegetation is maintained wherever possible.

Note: Assessable development being operational work

that is clearing of native vegetation of freehold land consistent with Schedule 8, Part 1, 3A of IPA will be assessed under the provisions of the Vegetation Management Act 1999 and the State code for clearing of vegetation on freehold land.


The proposal does not involve any clearing or result in additional exempt clearing.



Community Safety Design Principles


Not Applicable - The proposed development is in a rural area and will not impact on community safety.

Constructed Lakes

Not Applicable – No constructed lakes are proposed.

RECONFIGURATION OF A LOT CODE

Table 9-18 Specific Outcomes and Acceptable & Probable Solutions for the Reconfiguration of a Lot Code

Specific Outcomes Acceptable / Probable Solutions Response

Overall Design

P1 The proposed lot layout facilitates the desired future use of land in accordance with the relevant Locality Code by:

(i) Establishing an orderly and acceptable land use pattern;

(ii) Providing a road network consistent with the road hierarchy identified on the Key Infrastructure Maps (A and B);

(iii) Providing a network, incorporating linkages, of public open space meeting community needs and protecting valuable features; and

(iv) Providing an integrated drainage system based on natural drainage patterns and ecological processes.


Complies

The development maintains an orderly pattern of development by consideration that:

The new boundary aligns with the adjoining lot.

The development does not impact on arable land or farm operations.

Lot Areas and Dimensions




P1 Each lot has an area and dimensions such that it:

(i) is suitable for the range of likely uses;

(ii) offers a high level of utility and amenity for its subsequent use and the use of adjoining allotments by providing ample opportunity for the separation of uses within adjoining lots;

(iii) where in the Higher Density Residential zone, is able to be developed to achieve the desired dwelling unit density levels for the zone; and

(iv) does not prejudice the desired future use of the land such that:

a. suitable access is provided for pedestrians, cyclists, and vehicles; and

b. adequate provision is made for any other area necessary for the conduct of the intended use for the site;

a) takes account of the physical characteristics of the site; and

b) provides efficient servicing of the lot.

c) Where on site effluent disposal is proposed, the allotment size and dimensions need to take into consideration the following issues:

(d) the number of existing on site domestic water treatment plant systems in the locality;

(e) the cumulative effect of the proposed and existing systems in the locality on water quality objectives for waters in the locality;

(f) the size of the lots and the soil types, land slopes, hydrology and hydrogeology in the locality;

(g) the proximity of systems to surface water and ground waters in the locality

(h) the rainfall and other climatic conditions of the locality;

(i) the existing quality of waters in the locality and the water quality objectives for the waters;

(j) any relevant ground water protection plan.


The realignment will improve the utility and amenity of Lot 1.

The productive area of Lot 4 remains unchanged.

The proposed boundary is consistent with the adjoining lot alignments and the non-arable portion of Lot 1.

P2 Each lot is consistent with the minimum area and dimensions as set out in Table 9-18.1 Minimum Area & Dimensions.

Table 9-18.1 Minimum Area & Dimensions

S2

Refer to P3 response below for compliance.

Zones Area Frontage

Rural 100ha




Rural Res 1ha 60m “Note: Proposals involving lots with an area less than the minimum area set out in the acceptable solution must provide lot layout plans for each of with an area less than the minimum. The lot layout plans must demonstrate that the relevant vehicle size (refer to Schedule 2, Table 12-2) can enter and leave each lot in forward motion after performing no more than a three point turn.

Industry (LI) Refer to acceptable probable solution S2

Industry (HI) Refer to acceptable probable solution S2

City Centre No minimum area or dimension specified

Commercial No minimum area or dimension specified

Public Purposes No minimum area or dimension specified

Sport & Recreation No minimum area or dimension specified

Open Space No minimum area or dimension specified

Special Activities No minimum area or dimension specified

Zones Area Frontage

Urban Residential Min 300m2 10m

Higher Density Res

800m2 20m

Village 1000m2 20m

P3 In the Rural Zone, new lots are not created unless:

(1) the result of the reconfiguration is that new lots and the balance lot are above the minimum area stated for the Rural Zone; or

(2) the result of the reconfiguration is that an equal or lesser number of lots is created and the utility and accessibility of all subject lots is an improvement on the original situation in relation to enhancing or supporting the rural use of the lots.


In compliance with P3(2):

An equal number of lots is proposed

No change to access is proposed.

The utility of Lot 1 is improved.

The utility of Lot 4 is unaffected.

P4 Irregular shaped lots are designed to have:

(i) a frontage to depth ratio of no more than 1:3;

(ii) for land in the Urban Residential Zone:

a. a minimum frontage of 10m to any cul-de-sac road or along any curved road alignment; and

b. an area within the lot with the minimum dimensions of 15 by 15m; and

(i) for land in the Higher Density Residential Zone, a minimum width of 20m at a point 6 m in the lot parallel to the longest road frontage.


The new alignment creates a more regular lot shape.

P5 Battleaxe lots do not occur in any proposal for reconfiguring a lot that creates more than 1 additional lot. Battleaxe lots are provided





only where:

(i) there is no increase in the density that is applicable to the zone that the subject land is included in;

(ii) the lot handle is not less than 5m in width;

(iii) both sides of the lot handle are landscaped for the full length of the handle;

(iv) the maximum length of the lot handle is not greater than the minimum depth specified in Table 9-18.1 Minimum Area and Dimensions;

(v) the area of the lot handle is not included in the calculation of the area of the lot for minimum area purposes; and

(vi) for land in the Urban Residential Zone, two adjacent lots have a combined frontage of 50% of the minimum road frontage for a single lot, and a common access drive is provided between the kerb and the head of the access handle.

Small Lots in the Urban Residential Zone

P1 Lots having areas less than 450m2 or an average width less than 18

m enable the design and siting of buildings such that they do not detract from the amenity or character of the area.

S1 Development proposals where lots with areas with 450m² or less are proposed are accompanied by a Plan of Development showing at least the following:

1. North point.

2. Access to lots.

3. Footprint of buildings on subject lots.

4. Footprints of buildings on adjoining lots.

5. Building setbacks.

6. Existing and proposed services.

S2 Lots having areas less than 350 m² form part of an integrated residential development of at least 4 lots, except where:

(i) the lot is located in a Residential Character Area; and

i. there is an existing dwelling of character located on the

Not Applicable




existing residential lot;

in which case, such a lot, less than 350m2 will be considered, if the existing dwelling of character is retained.

Road Layout and Design

Not Applicable – No new roads are proposed.

Open Space Requirements

P1 In residential, commercial and industrial areas, public open space is provided as part of development involving reconfiguration of a lot:

(i) as part of a linked open space system for safe pedestrian and cycling paths linking centres;

(ii) in a location, size and shape to satisfy the local, district or regional recreational needs of the community; and

(iii) to have a multi-functional role such as for stormwater management or fauna habitat.

Note: Guidelines for complying with Council information requirements is

detailed in the Open Space Planning Scheme Policy.

S1 The provision and design of open space complies with the requirements of the Open Space Planning Scheme Policy and the Parks Contributions Planning Scheme Policy.

Not Applicable

No open space is proposed.

Community Title

P1 Community Title Development for a specific use is provided at the same density for that use in the relevant zone and locality codes in which the site is located and the overall and specific outcomes for the relevant zone and locality codes apply.


Infill Development

P1 Infill development addresses the social outcomes of IPA.

S1 Infill development achieves sustainable development outcomes, and occurs where amenity is addressed and achieves integrated networks of pleasant and safe public areas and cultural, recreational or social interaction are provided within well-serviced communities.

Not Applicable



GOOD QUALITY AGRICULTURAL LAND OVERLAY MANAGEMENT CODE



P1 Where the development is on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL and involves the establishment of resident uses or any uses having a residential component Error! Bookmark not defined.:

1. the amenity of residential uses are protected; and

2. the operations of nearby agricultural land is not constrained by the development.

S1 The residential activity areas on the site are separated from the nearby agricultural land as follows:

1. where in proximity to canelands or other horticultural activity:

a minimum 40m, where the distance incorporates vegetation; or

a minimum 300m where the distance is to be left as open ground; and

2. where in proximity to any intensive animal husbandry, a minimum 500m.

Not Applicable

The proposal is for the realignment of boundaries.

P2 Where it is proposed to establish a residential use or any use having a residential component within those buffer distances shown in S1 above, then the premises incorporates mitigation measures to ensure that:

1. the amenity of residential uses are protected; and

2. the operations of nearby agricultural land is not constrained by the development.


No change to use of the land is proposed.

P3 Development on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL does not result in land taken out of agricultural use unless:

1. an overriding community need for the development is demonstrated; and

2. no alternative sites are available.


The proposed boundary realignment does not take land out of agricultural use.

P4 Reconfiguring a lot on good quality agricultural land occurs only where new lots do not adversely affect the potential to sustain agriculture or the continued use of the land as an agricultural resource7 by:

1. not limiting the range of crops able to be grown on any of the lots created; or

2. creating new lots only where they can be amalgamated or used economically in conjunction with other agricultural land.


The proposed realignment does not affect the productive area or productive capacity of Lot 4.

7 Note: Refer to State Planning Guidelines “The Identification of Good Quality Agriculture Land”.




P5 Where the reconfiguring of a lot is for residential purposes on land adjacent to good quality agricultural land, the lot size and layout accommodates a buffer area such that:

1. the potential to sustain agriculture on the adjoining land is maintained; and

2. future residential amenity on the new lot is protected.

S5 All residential lots abutting good quality agricultural land have the following minimum dimensions:

1. where immediately abutting canelands or other horticultural activity;

2. a minimum depth of 60m where a vegetated buffer to a depth of 40m is incorporated into the lot; or

3. a minimum depth of 320m where the buffer is on open ground; and

4. where immediately abutting any intensive animal husbandry a minimum depth of 550m where a vegetated buffer to a depth of 40m is incorporated into the lot.

Not Applicable

The reconfiguring is not for residential purposes.

P6 Where reconfiguring a lot in the Rural zone involves boundary realignments and the primary use of the lot is residential:

1. the lot does not include good quality agricultural land; and

2. buffers to GQAL and associated rail infrastructure (i.e. tram lines) are included in the lot.


Lot 1 is primarily used for residential purposes (existing). The realignment avoids areas of GQAL and increases the buffer area within Lot 1.

P7 Where the lots are identified for sugar cane production the lots are shaped to facilitate production.


The proposed boundary does not impact on productive areas.

P8 Where development likely to result in the establishment of new activities / uses is proposed within 300 m of land identified on the Good Quality Agricultural Land Overlay Map as GQAL and is used for agriculture, a buffer to the GQAL is included on the subject site.

Note: The buffer does not contain GQAL.


The realignment will not result in new uses on the land.


Error! Reference source not found. Cardno HRP 50


APPENDIX

B PLAN OF DEVELOPMENT

LOT 19,430m2

LOT 424.341ha

L33SP119354

L2SP103084

L1RP714411

L2RP904183

L3SP153669

L1RP726997

L7SP180550 L6

RP735664

L7RP702751

EMT A SP153669

200m

Plan of Development V1.1

Waddells Road, Richmond

Lot 1 SP103084; Lot 4 SP153669

Source: MiMAPS 2015

HRP15366 9 DEC 2015

Dwelling houseAccess (existing)Bore




APPENDIX

C OWNERS CONSENT

Scanned by CamScanner




APPENDIX

D TITLE SEARCH AND EASEMENT DOCUMENTS

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 22406608Search Date: 08/12/2015 16:34 Title Reference: 50218284 Date Created: 15/05/1998 Previous Title: 20485136 REGISTERED OWNER Dealing No: 702576295 24/03/1998

FRANCIS GINO BARETTA ESTATE AND LAND Estate in Fee Simple LOT 1 SURVEY PLAN 103084 Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 10255019 (POR 114) 2. MORTGAGE No 601085258 (T31395) 17/02/1982 TO AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No

Caution - Charges do not necessarily appear in order of priority

** End of Current Title Search **

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2015]Requested By: D-ENQ CITEC CONFIRM Page 1/1

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 22406610Search Date: 08/12/2015 16:34 Title Reference: 50448143 Date Created: 18/07/2003 Previous Title: 50218286 REGISTERED OWNER Dealing No: 706792861 14/07/2003

FRANCIS GINO BARETTA ESTATE AND LAND Estate in Fee Simple LOT 4 SURVEY PLAN 153669 Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 10255019 (POR 114) 2. MORTGAGE No 601085258 (T31395) 17/02/1982 TO AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED 3. EASEMENT No 706792871 14/07/2003 at 13:23 burdening the land to LOT 3 ON SP153669 OVER EASEMENT A ON SP153669 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No

Caution - Charges do not necessarily appear in order of priority

** End of Current Title Search **

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2015]Requested By: D-ENQ CITEC CONFIRM Page 1/1




APPENDIX

E REGISTERED SURVEY PLAN AND SMART MAP

2RP904183

FH

65.9972ha1

RP714411

FH

1.089ha

273

CI3389

FH

6993m²

31RP884907

FH

3.635ha

1

RP904183

FH

1.419ha

B

SP119354

33SP119354

FH

69.26ha32

SP

119354

A

RP

884907

A

RP

904183

2RP702798

FH

45.618ha

3RP722821

FH

9.245ha

2

RP722821

1

RP

722821

7RP702751

FH

22.609ha

1RP726997

FH

7.227ha

2CI3982

FH

29.206ha

1

RP708078

6RP735664

FH

33.17ha

1

SP

1030842

SP103084

A

RP

812144

3

SP153669

FH

9961m²

4SP153669

FH

24.95ha

A

SP153669A

SP160966

10SP232809

FH

50.24ha

7SP180550

FH

19.9ha8

SP180550FH

35.95ha

G

SP

259177

F

SP

259176

B

SP216815

MA

CK

AY

-HA

BA

NA

RO

AD

ROAD

MACKAY-HABANA

MA

CK

AY

-HA

BA

NA

RO

AD

ROADWADDELLS

WO

OD

WA

RD

SR

OA

D

RDWADDELLS

DCDB

Lot/Plan 4/SP153669

Area/Volume 24.95ha

Tenure FREEHOLD

Local Government MACKAY REGIONAL

Locality RICHMOND

Segment/Parcel 61842/262

SUBJECT PARCEL DESCRIPTION

SCALE 1 : 10000HORIZONTAL DATUM:GDA94 ZONE:55

m

200 400 600 800 10000

8755-41343

STANDARD MAP NUMBER

149°08'06".811

21°05'01".350

RICHMOND

1.38 KM

MAP WINDOW POSITION &NEAREST LOCATION

PRINTED (dd/mm/yyyy) 10/12/2015

DCDB 09/12/2015

Users of the information recorded in this document (the Information) accept all responsibility andrisk associated with the use of the Information and should seek independent professional advice inrelation to dealings with property.

Despite Department of Natural Resources and Mines(DNRM)'s best efforts, DNRM makesno representations or warranties in relation to the Information, and, to the extent permitted by law,exclude or limit all warranties relating to correctness, accuracy, reliability, completeness orcurrency and all liability for any direct, indirect and consequential costs, losses, damages andexpenses incurred in any way (including but not limited to that arising from negligence) inconnection with any use of or reliance on the Information

For further information on SmartMap products visit http://nrw.qld.gov.au/property/mapping/blinmap

CLIENT SERVICE STANDARDS

SmartMapAn External Product of

SmartMap Information Services

Based upon an extraction from the

Digital Cadastral Data Base

(c) The State of Queensland,(Department of NaturalResources and Mines) 2015.

72 15 00m E

15

72 20

72 20

25

25

1

766 65 00 m N65

2

766 70766 70

3

7575

GDA

21°05'28".029

149°07'42".723 149°08'00" 149°08'30".899

21°05'28".029

21°05'00"

21°04'34".671

149°08'30".899149°08'00"

21°04'34".671

149°07'42".723

21°05'00"




APPENDIX

F SEARCHES: CLR AND EMR

Department of Environment and Heritage Protection (EHP)ABN 46 640 294 485

400 George St Brisbane, Queensland 4000GPO Box 2454 Brisbane QLD 4001 AUSTRALIA

www.ehp.qld.gov.au

SEARCH RESPONSEENVIRONMENTAL MANAGEMENT REGISTER (EMR)

CONTAMINATED LAND REGISTER (CLR)

Transaction ID: 50246438 EMR Site Id: 08 December 2015This response relates to a search request received for the site:

Lot: 1 Plan: SP103084

EMR RESULT

The above site is NOT included on the Environmental Management Register.

CLR RESULT

The above site is NOT included on the Contaminated Land Register.

ADDITIONAL ADVICE

All search responses include particulars of land listed in the EMR/CLR when the search was generated.The EMR/CLR does NOT include:-

1. land which is contaminated land (or a complete list of contamination) if EHP has not been notified2. land on which a notifiable activity is being or has been undertaken (or a complete list of activities)

if EHP has not been notified

If you have any queries in relation to this search please phone 13QGOV (13 74 68)

Administering Authority

Page 1 of 1

Department of Environment and Heritage Protection (EHP)ABN 46 640 294 485

400 George St Brisbane, Queensland 4000GPO Box 2454 Brisbane QLD 4001 AUSTRALIA

www.ehp.qld.gov.au

SEARCH RESPONSEENVIRONMENTAL MANAGEMENT REGISTER (EMR)

CONTAMINATED LAND REGISTER (CLR)

Transaction ID: 50246443 EMR Site Id: 08 December 2015This response relates to a search request received for the site:

Lot: 4 Plan: SP153669

EMR RESULT

The above site is NOT included on the Environmental Management Register.

CLR RESULT

The above site is NOT included on the Contaminated Land Register.

ADDITIONAL ADVICE

All search responses include particulars of land listed in the EMR/CLR when the search was generated.The EMR/CLR does NOT include:-

1. land which is contaminated land (or a complete list of contamination) if EHP has not been notified2. land on which a notifiable activity is being or has been undertaken (or a complete list of activities)

if EHP has not been notified

If you have any queries in relation to this search please phone 13QGOV (13 74 68)

Administering Authority

Page 1 of 1




APPENDIX

G STATE GOVERNMENT MAPPING SEARCHES

Date: 09/12/2015

0 140 280 420 560Metres

Department ofInfrastructure, Local

Government and Planning ¢Disclaimer:This map has been generated from the information supplied to the Department of Infrastructure, Local Government and Planning forthe purposes of Development Assessment Mapping Online but is a print screen only and should not be used for development application(DA) purposes. For DA purposes the user should use the Print Report function to obtain a l ist of DA triggers. The map generated hasbeen prepared with due care based on the best available information at the time of publication. The State of Queensland holds noresponsibility for any errors, inconsistencies or omissions within this document. Any decisions made by other parties based on thisdocument are solely the responsibility of those parties.

DA Mapping System – Print Screen

© The State of Queensland 2015.

Date: 09/12/2015

Department ofInfrastructure, Local

Government and PlanningDisclaimer:This map has been generated from the information supplied to the Department of Infrastructure, Local Government and Planning forthe purposes of Development Assessment Mapping Online but is a print screen only and should not be used for development application(DA) purposes. For DA purposes the user should use the Print Report function to obtain a list of DA triggers. The map generated hasbeen prepared with due care based on the best available information at the time of publication. The State of Queensland holds noresponsibility for any errors, inconsistencies or omissions within this document. Any decisions made by other parties based on thisdocument are solely the responsibility of those parties.

Legen dCadastre (10k)

Cadastre (10k)

Priority Livin g Area (PLA)

Priority Living Area (PLA)

Strategic En viron men tal Area (SEA)

Strategic Environmental Area

Strategic Environmental Area - DesignatedPrecinct

Strategic Croppin g Area (SCA)

Strategic Cropping Area (SCA)

Priority Agricultural Area

Priority Agricultural Area

Port limits

Port limits

In dicative CMD for Cook Shire to Burke Shire(ex cludin g the Torres Strait an d tow n ships)

Indicative CMD for Cook Shire to Burke Shire(excluding the Torres Strait and townships)

En ergex Electricity Substation (100m referraltrigger outside SARA - Referral is to En ergex)

Energex Electricity Substation (100mreferral trigger outside SARA - Referral is toEnergex)

Ergon Electricity Substation (100m referral triggeroutside SARA - Referral is to Ergon )

Ergon Electricity Substation (100m referraltrigger outside SARA - Referral is to Ergon)

Regulated vegetation man agemen t mapCategory A on the regulated vegetationmanagement mapCategory B on the regulated vegetationmanagement map

Category C on the regulated vegetationmanagment mapCategory R on the regulated vegetationmanagement mapCategory X on the regulated vegetationmanagement mapArea not categorised on the regulatedvegetation management map

Water

Vegetation man agemen t region al ecosystem an dremn an t map

Category A or B area containing endangeredregional ecosystemsCategory A or B area containing of concernregional ecosystemsCategory A or B area that is a least concernregional ecosystemCategory A or B area that is remnantvegetation (no regional ecosystem mappingavailable)

Non remnant

Water

Vegetation man agemen t coastal an d n on -coastal bioregion s an d sub-region s

Coastal bioregions and sub-regions

Non coastal bioregions and sub-regions

DA Mappin g System – Prin t Screen

© The State of Queensland 2015.




APPENDIX

H IDAS FORMS

IDAS form 1—Application details (Sustainable Planning Act 2009 version 4.2 effective 3 August 2015)

This form must be used for ALL development applications.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

complete this form (IDAS form 1—Application details)

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form and any other IDAS form relevant to your application must be used for development applications relating to strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.

PLEASE NOTE: This form is not required to accompany requests for compliance assessment.

Mandatory requirements

Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.)

Name/s (individual or company name in full) Ricky Baretta

For companies, contact name

Postal address c/ Cardno HRP

PO Box 759

Suburb Mackay

State Qld Postcode 4740

Country Australia

Contact phone number 07 4957 5880

Mobile number (non-mandatory requirement)

Fax number (non-mandatory requirement)

IDAS form 1—Application details Version 4.2—3 August 2015

Email address (non-mandatory requirement) [email protected]

@

Applicant’s reference number (non-mandatory requirement)

HRP15366

1. What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

a) What is the nature of the development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)

Preliminary approval

under s241 of SPA


under s241 and s242 of SPA

Development permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

Boundary realignment: 2 lots into 2 lots

d) What is the level of assessment? (Please only tick one box.)

Impact assessment

Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional aspects of the application.)

a) What is the nature of development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)


under s241 of SPA


under s241 and s242 of SPA

Development

permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

d) What is the level of assessment?

Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.)

Refer attached schedule

Not required

mailto:[email protected]


2. Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water.) (Attach a separate schedule if there is insufficient space in this table.)

Street address and lot on plan (All lots must be listed.)

Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.)

Street address Lot on plan description

Local government area (e.g. Logan, Cairns)

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

i) 9 Waddells Rd, Nindaroo 4740 1 SP103084 Mackay

ii) 9 Waddells Rd, Nindaroo 4740 4 SP153669 Mackay

iii)

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory)

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

i) Rural Frame locality, McCreadys Ck Steep land, Airport development distances, KRA, GQAL, High Impact Areas

ii) Rural Frame locality, McCreadys Ck

iii)

Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.)

Coordinates (Note: place each set of coordinates in a separate row)

Zone reference

Datum Local government area (if applicable)

Easting Northing Latitude Longitude

GDA94

WGS84

other

3. Total area of the premises on which the development is proposed (indicate square metres)

252,842sqm (25.2842ha)

4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)

Dwelling, cane farm


5. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-mandatory requirement)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

No

Yes—complete either Table F, Table G or Table H as applicable

Table F

Name of owner/s of the land

I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table G

Name of owner/s of the land Francis Gino Baretta

The owner’s written consent is attached or will be provided separately to the assessment manager.

Table H

Name of owner/s of the land

By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

7. Identify if any of the following apply to the premises (Tick applicable box/es.)

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I

On strategic port land under the Transport Infrastructure Act 1994—complete Table J

In a tidal water area—complete Table K

On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.)

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 (no table requires completion)

Table I

Name of water body, watercourse or aquifer


Table J

Lot on plan description for strategic port land Port authority for the lot

Table K

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

8. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc)

No Yes—ensure the type, location and dimension of each easement is included in the plans submitted

9. Does the proposal include new building work or operational work on the premises? (Including any services)

No Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

10. Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.)

No—go to question 12 Yes

11. Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.)

No

Yes—complete Table L and submit with this application the yellow local government/private certifier’s copy of the receipted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L or P)

12. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes—please provide details below

Name of local government Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)


13. List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application)

Description of attachment or title of attachment Method of lodgement to assessment manager

Town Planning Report Electronic

IDAS Forms 1 & 7 Electronic

14. Applicant’s declaration

By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to

provide false or misleading information)

Notes for completing this form

Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application. Note, the assessment manager has discretion to accept an application as properly made despite any non-compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009

Applicant details

Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1

Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required.

Question 6

Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences.

Question 7

If the premises is listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 it may be necessary to seek compliance assessment. Schedule 18 of the Sustainable Planning Regulation 2009 identifies where compliance assessment is required.

Question 11

The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable.

The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.


Question 12

The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

Building and construction industry notification and payment forms are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481 or visit www.qleave.qld.gov.au.

Privacy—The information collected in this form will be used by the Department of Infrastructure, Local Government and Planning (DILGP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY

Date received Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. I have been engaged as the private certifier for the building work referred to in this application

Date of engagement Name BSA Certification license number

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form

The Sustainable Planning Act 2009 is administered by the Department of Infrastructure, Local Government and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

http://www.qleave.qld.gov.au/

http://www.qleave.qld.gov.au/

IDAS form 7—Reconfiguring a lot (Sustainable Planning Act 2009 version 3.2 effective3 August 2015)

This form must be used for development applications or requests for compliance assessment for reconfiguring a lot.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

complete IDAS form 1—Application details

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application.

For requests for compliance assessment, you must:

complete IDAS form 32—Compliance assessment

Provide any mandatory supporting information identified on the forms as being required to accompany your request

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

Mandatory requirements

1. What is the total number of existing lots making up the premises? 2

2. What is the nature of the lot reconfiguration? (Tick all applicable boxes.)

subdivision—complete questions 3–6 and 11

boundary realignment—complete questions 8, 9 and 11

creating an easement giving access to a lot from a constructed road—complete questions 10 and 11

dividing land into parts by agreement—please provide details below and complete questions 7 and 11

3. Within the subdivision, what is the number of additional lots being created and their intended final use?

Intended final use of new lots Residential Commercial Industrial Other—specify

Number of additional lots created

4. What type of approval is being sought for the subdivision?

Development permit


Compliance permit

IDAS form 7—Reconfiguring a lot Version 3.2—3 August 2015

5. Are there any current approvals associated with this subdivision application or request? (E.g. material change of use.)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Does the proposal involve multiple stages?

No—complete Table A Yes—complete Table B

Table A

a) What is the total length of any new road to be constructed? (metres)

b) What is the total area of land to be contributed for community purposes? (square metres)

c) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

d) Does the proposal involve operational work for the building of a retaining wall?

No Yes

Table B—complete a new Table B for every stage if the application involves more than one stage

a) What is the proposed estate name? (if known and if applicable)

b) What stage in the development does this table refer to?

c) If a development permit is being sought for this stage, will the development permit result in additional residential lots?

No Yes—specify the total number

d) What is the total area of land for this stage? (square metres)

e) What is the total length of any new road to be constructed at this stage? (metres)

f) What is the total area of land to be contributed for community purposes at this stage? (square metres)

g) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

h) Does the proposal involve operational work for the building of a retaining wall?

No Yes

7. Lease/agreement details—how many parts are being created and what is their intended final use?

Intended final use of new parts Residential Commercial Industrial Other—specify

Number of additional parts created


8. What are the current and proposed dimensions following the boundary realignment for each lot forming the premises?

Current lot Proposed lot

Lot plan description Area (square metres)

Length of road frontage Lot number Area (square metres)

Length of road frontage

Lot 1 SP103084 3,342 73m 1 9430 73m

Lot 4 SP153669 249,500 889m 4 243,410 889m

9. What is the reason for the boundary realignment?

To increase the useable area of Lot 1 by transferring an area of non-GQAL from Lot 4

10. What are the dimensions and nature of the proposed easement? (If there are more than two easements proposed please list in a separate table on an extra page and attach to this form.)

Width (m) Length (m) Purpose of the easement (e.g. pedestrian access)?

What land is benefitted by the easement?

Mandatory supporting information

11. Confirm that the following mandatory supporting information accompanies this application or request

Mandatory supporting information Confirmation of lodgement

Method of lodgement

All applications and requests for reconfiguring a lot

Site plans drawn to an appropriate scale (1:100, 1:200 or 1:500 are the recommended scales) which show the following:

the location and site area of the land to which the application or request relates (relevant land)

the north point

the boundaries of the relevant land

any road frontages of the relevant land, including the name of the road

the contours and natural ground levels of the relevant land

the location of any existing buildings or structures on the relevant land

the allotment layout showing existing lots, any proposed lots (including the dimensions of those lots), existing or proposed road reserves, building envelopes and existing or proposed open space (note: numbering is required for all lots)

any drainage features over the relevant land, including any watercourse, creek, dam, waterhole or spring and any land subject to a flood with an annual exceedance probability of 1%

any existing or proposed easements on the relevant land and their function

all existing and proposed roads and access points on the relevant land

any existing or proposed car parking areas on the relevant land

the location of any proposed retaining walls on the relevant land and their height

Confirmed Electronic


the location of any stormwater detention on the relevant land

the location and dimension of any land dedicated for community purposes

the final intended use of any new lots.

For a development application – A statement about how the proposed development addresses the local government’s planning scheme and any other planning documents relevant to the application.

For a request for compliance assessment – A statement about how the proposed development addresses the matters or things against which the request must be assessed.

Confirmed Electronic

A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed

Not applicable

Notes for completing this form

For supporting information requirements for requests for compliance assessment, please refer to the relevant matters for which compliance assessment will be carried out against. To avoid an action notice, it is recommended that you provide as much of the mandatory information listed in this form as possible.

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY

Date received Reference numbers

The Sustainable Planning Act 2009 is administered by the Department of Infrastructure, Local Government and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

Smart eDA (http://www.smarteda.qld.gov.au) Page of 1 1 December 09, 2015, 03:40 PM

38 WADDELLS RD, RICHMOND2 matters requiring further investigation.

State Assessment and Referral Agency


38 WADDELLS RD, RICHMOND3 matters requiring further investigation.



Smart eDA

Smart eDA ID: 1449640892268

State assessments

TransportArea within 25m of a State controlled road YesState controlled roads Yes

Economic GrowthWater resource planning area boundaries YesTransportArea within 25m of a State controlled road YesState controlled roads Yes

http://www.dsdip.qld.gov.au/about-planning/sara.html





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