TOWNSVILLE QLD 4810

Our ref: M1785

QA: mh.sj.nq

9 August 2021

Assessment Manager

Townville City Council

PO Box 1268

TOWNSVILLE QLD 4810

Via: TOLS

Attention: Lifestyle, Economy, Environment and Planning

Dear Sir/Madam,

Re: Development Application for a Development Permit for Reconfiguring a Lot –

One Lot into Two Lots on land described as Lot 495 on SP143118, and located at

26 Samhordern Road, Alice River

On behalf of the Applicant, Adrienne Clarey, Milford Planning hereby apply for Reconfiguring a Lot

– One Lot into Two Lots on the abovementioned property. Accordingly, we enclose a copy of the

development assessment report prepared by Milford Planning.

We request the applicable assessment fee of $2,750 be applied to our account (account number

35665). The applicable fee has been calculated based on Council’s 2021/2022 schedule of fees

and charges.

We look forward to receiving the Confirmation Notice in due course and request that if additional

information is required to assess the development application, that Council contact us prior to

issuing of an Information Request.

If you have any questions regarding this application or correspondence, please do not hesitate to

contact the undersigned on TEL: 4724 0095.

Yours sincerely,

MILFORD PLANNING

Meredith Hutton

TOWN PLANNER

Encl: Development application package

Cc: Adrienne Clarey C/- Kirsty Simpson

Version: 1, Version Date: 09/08/2021Document Set ID: 19216212

Client: Adrienne Clarey

Date: August 2021

Project Ref: M1785

Development Application

Project:

Reconfiguring a Lot – One Lot into Two Lots

Property Details:

26 Samhordern Road, Alice River

Lot 495 on SP143118


MILFORD PLANNING 2

DOCUMENT CONTROL

Disclaimer:

This report has been prepared by Milford Planning on behalf of and for the exclusive use of Milford Planning

Pty Ltd’s Client, and is subject to, and issued in connection with the provisions of the agreement between

Milford Planning Pty Ltd and its Client.

While reasonable effort has been made to ensure that the contents of this publication are factually correct,

Milford Planning Pty Ltd does not accept responsibility for the accuracy or completeness of the contents and

shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or

reliance on, the contents of this publication.

Copyright:

This publication is protected by the Copyright Act 1968. Information contained in this document is the

property of Milford Planning Pty Ltd. Use or copying of this document in whole or in part without the written

consent of Milford Planning Pty Ltd constitutes an infringement of copyright.

Project Description: Reconfiguring a Lot – One Lot into Two Lots

Client: Adrienne Clarey

Date: 9 August 2021

Contact: Meredith Hutton

Quality Assurance

Issue: Final Version: 1

Meredith hutton

TOWN PLANNER

Sarah Jones

SENIOR TOWN PLANNER

AUTHOR REVIEWER


MILFORD PLANNING 3

TABLE OF CONTENTS

1.0 INTRODUCTION .................................................................................................. 5 2.0 SITE AND SURROUNDING AREA ............................................................................ 6

2.1 SITE DETAILS ................................................................................................. 6 2.2 SITE AND SURROUNDING AREA ........................................................................ 6 2.3 BACKGROUND ................................................................................................ 6

3.0 DESCRIPTION OF PROPOSAL ................................................................................ 8 3.1 OVERVIEW ..................................................................................................... 8 3.2 PROPOSED DEVELOPMENT ............................................................................... 8 3.3 DEVELOPMENT PLANS ...................................................................................... 9 3.4 PRE-LODGEMENT MEETING ............................................................................... 9

4.0 RELEVANT LEGISLATION .................................................................................... 10 4.1 COMMONWEALTH LEGISLATION ...................................................................... 10 4.2 PLANNING ACT 2016 ..................................................................................... 10 4.3 STATE ASSESSMENT AND REFERRALS .............................................................. 10 4.4 STATE PLANNING POLICY ............................................................................... 10 4.5 NORTH QUEENSLAND REGIONAL PLAN ............................................................. 10 4.6 ASSESSMENT MANAGER AND PLANNING SCHEME ............................................. 11

5.0 PLANNING INSTRUMENTS .................................................................................. 12 5.1 INTRODUCTION ............................................................................................ 12 5.2 LAND DESIGNATION ...................................................................................... 12 5.3 LEVEL OF ASSESSMENT ................................................................................. 12 5.4 ASSESSMENT BENCHMARKS ........................................................................... 12

6.0 PLANNING ASSESSMENT .................................................................................... 13 6.1 STRATEGIC FRAMEWORK ............................................................................... 13 6.2 RURAL RESIDENTIAL ZONE CODE .................................................................... 14 6.3 RECONFIGURING A LOT CODE ........................................................................ 15 6.4 HEALTHY WATERS CODE ................................................................................ 17 6.5 LANDSCAPE CODE ......................................................................................... 18 6.6 TRANSPORT IMPACT, ACCESS AND PARKING CODE ........................................... 19 6.7 WORKS CODE ............................................................................................... 20 6.8 FLOOD HAZARD OVERLAY CODE ..................................................................... 20

7.0 OTHER RELVANT MATTERS ................................................................................. 22 8.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................ 23


MILFORD PLANNING 4

APPENDICES

Appendix 1: DA Form 1; Title search; and Land Owner Consent

Appendix 2: SmartMap; and aerial photograph of the subject site and surrounding locality

Appendix 3: SARA mapping

Appendix 4: Development Permit RC13/0070

Appendix 5: Proposal Plan prepared by Rowlands Surveys

Appendix 6: Council pre-lodgement meeting record

Appendix 7: Rural Residential Zone Code

Appendix 8: Reconfiguring a Lot Code


MILFORD PLANNING 5

1.0 INTRODUCTION

This town planning report has been prepared in support of a development application seeking a

Development Permit for Reconfiguring a Lot – One Lot into Two Lots on land described as Lot 495

on SP143118, and located at 26 Samhordern Road, Alice River.

This report provides the following information with respect to the assessment of the development

proposal:

§ Overview of the site and surrounding area.

§ Description of the proposal.

§ Overview of legislation relevant to the development application.

§ Assessment of the proposal against relevant legislation.

§ Other relevant matters.

§ Conclusions and recommendations.

The development application is made in accordance with s 51 of the Planning Act 2016 (the Act)

and contains the mandatory supporting information specified in the applicable DA Form.

Appendix 1 comprises DA Form 1 and the accompanying Land Owner Consent.

The subject property is located within the Townsville City Council’s local government area and will

be assessed against the City Plan 2014 (the planning scheme). This application is subject to

impact assessment in accordance with the provisions of the planning scheme and the Act.

Formal public notification of the application will be required.


MILFORD PLANNING 6

2.0 SITE AND SURROUNDING AREA

2.1 Site Details

Specific details pertaining to the subject site are incorporated in the following Table 2.1.

Table 2.1 – Site Characteristics

Street Address 26 Samhordern Road, Alice River (refer Appendix 2).

Real Property Description Lot 495 on SP143118 (refer Appendix 2).

Property Owner Adrienne McGregor Clarey and Pamela Ruth Simpson (refer Appendix 1).

Site Area 4,204m2 (refer Appendix 2).

Street Frontage Samhordern Road.

Current Use Dual Occupancy.

Zoning Rural Residential Zone.

Local Heritage Register The site is not listed on the Local Heritage Register.

Contaminated Land The land is not known to be included on the Queensland Government’s

Environmental Management Register or Contaminated Land Register.

Easement The land is not burdened by any easements.

Topography The site has generally even topography.

Existing Infrastructure The property is connected to Council’s reticulated water network.

SARA Mapping The site is not identified as being located within any State Assessment and

Referral Agency (SARA) mapping overlays (refer Appendix 3).

Referral Agencies No referrals triggered.

Planning Instrument Townsville City Plan 2014.

2.2 Site and Surrounding Area

The subject site consists of a single, regular shaped allotment with an area of 4,204m2. An

existing dual occupancy is contained within the lot, with one detached dwelling to the Samhordern

Road frontage and a second detached dwelling to the southern part of the property. Access is via

the Samhordern Road frontage, with separate driveways provided for each dwelling to the western

side of the frontage.

The lot is surrounded predominantly by rural residential uses. The wider locality includes Mount

Margaret residential estate to the south and Harvey Range Road corridor to the north. Existing

parkland is located approximately 250m north of the subject site.

2.3 Background

The proposed development was previously approved by Council under the superseded planning

scheme on 24 June 2013 (RC13/0070). The approved subdivision provided for a one into two lot


MILFORD PLANNING 7

subdivision, with the creation of one rear lot with a 5m access handle traversing the western side

of the subject site.

A subsequent Development Permit for Operational Works associated with RC13/0070 was

approved by Council on 21 February 2014 (OP14/0002).

We note the abovementioned applications were assessed against the superseded planning

scheme, with the relevant category of assessment being code assessment.

The subdivision did not progress, and this approval has since lapsed.

A copy of Development Permit RC13/0070 is provided at Appendix 4.


MILFORD PLANNING 8

3.0 DESCRIPTION OF PROPOSAL

3.1 Overview

This report details an application seeking a Development Permit for Reconfiguring a Lot – One Lot

into Two Lots on land described as Lot 495 on SP143118, and located at 26 Samhordern Road,

Alice River.

3.2 Proposed Development

The proposed subdivision will result in the creation of one additional rear lot, with access handle

traversing the western side of the site providing frontage to Samhordern Road. The proposed

front lot (Lot 45) will achieve a lot size of approximately 2,001m2, with the proposed rear lot (Lot

46) being approximately 2,203m2. We note the proposed layout is the same as the previous

approval issued by Council.

The proposed development does not involve any physical changes to the existing built structures

and access arrangements, providing for each existing residence to be afforded separate title.

Each existing dwelling and associated access and structures will be wholly contained within each

respective lot.

Access

The proposed development seeks to formalise the existing access arrangements for each dwelling.

Specifically, Lot 45 will maintain existing access from Samhordern Road to the western side of

the road frontage and Lot 46 will maintain existing access arrangement from Samhordern Road,

with provision of a 5m wide access handle traversing the western boundary of the site.

It is considered the 5m wide access handle is sufficient width, given:

§ The access handle will service a single residential dwelling only.

§ The access formalises existing arrangements, with a 5m wide access driveway currently

fenced.

§ The existing 5m wide access has functioned over the past several years without issue.

§ The access provides for an appropriate level of amenity for the Samhordern Road

streetscape.

§ The access width is considered sufficient to accommodate access for vehicles anticipated

to use the rear lot.

§ The access can appropriately contain services necessary for Lot 46.

§ Council previously approved the 5m wide access easement in accordance with RC13/0070

(refer Appendix 4).


MILFORD PLANNING 9

Water and Sewer Infrastructure

The proposed lots can be afforded separate connection to Council’s reticulated water

infrastructure.

The proposed lots are sufficiently sized to contain separate on-site wastewater treatment systems

within each lot.

3.3 Development Plans

The development proposal is illustrated in the following proposal plan prepared by Rowlands

Surveys (refer Appendix 5):

§ 43242/01 – Proposed Reconfiguration.

As detailed on the proposal plans, the proposal incorporates:

§ Provision of two smaller lots.

§ Existing dwellings to be retained within each respective lot.

§ The area of proposed Lot 45 will be approximately 2,001m2.

§ The area of proposed Lot 46 will be approximately 2,203m2.

§ Access handle providing frontage to Samhordern Road for proposed Lot 46.

3.4 Pre-lodgement Meeting

This project was the subject of a pre-lodgement meeting between Council’s planning and

engineering coordinators and the applicant’s representatives on 24 June 2021. Council were

noted as being generally supportive of the proposal given the proposal seeks to provide separate

title to two existing dwellings.

Council’s pre-lodgement meeting record is provided at Attachment 6.


MILFORD PLANNING 10

4.0 RELEVANT LEGISLATION

4.1 Commonwealth Legislation

The application is not subject to assessment against Commonwealth legislation. It is not

anticipated that development of this land will trigger assessment against the Environmental

Protection and Biodiversity Conservation Act 1999 (EPBC), as it is not anticipated that the

development will significantly impact upon a matter of national environmental significance.

4.2 Planning Act 2016

The Act provides the framework for coordinating local, regional and state planning. Given the

nature of the development, the application requires assessment against this legislation.

4.3 State Assessment and Referrals

As confirmed by the SARA mapping (refer Appendix 3), the development site is not located

within any SARA mapping overlays.

Referral Agency

Based on the SARA mapping and the provisions of the Planning Regulation 2017 (the Regulation),

the development does not trigger any referrals to SARA.

4.4 State Planning Policy

In accordance with section 2.1 – State Planning Policy of the planning scheme, the Minister has

identified that all aspects of the SPP prior to 3 July 2017 have been integrated into the planning

scheme. We understand that Council is currently in the process of ensuring the planning scheme

incorporates all aspects of the 2017 SPP. For the purposes of this development, we consider that

assessment of the proposal against the provisions of the SPP is not required, and all relevant

matters will be dealt with under the provisions of the planning scheme.

4.5 North Queensland Regional Plan

The North Queensland Regional Plan was implemented in March 2020, with the intent of

capitalising on the growth, prosperity and diversity of the region by supporting a vibrant economy,

generating jobs, improving business investment, protecting our natural environment, and

encouraging tourism and lifestyle opportunities over the next 25 years. The vision of the NQ

Regional Plan will be realised through a series of goals and the proposed development is

considered to align with the four regional goals, in particular Goal 3 – Liveable, sustainable and

resilient communities that promote living in the tropics.


MILFORD PLANNING 11

4.6 Assessment Manager and Planning Scheme

Townsville City Council is nominated as the assessment manager for the application. The

applicable planning scheme for use by the assessment manager remains the Townsville City

Council’s City Plan 2014 (the planning scheme).


MILFORD PLANNING 12

5.0 PLANNING INSTRUMENTS

5.1 Introduction

The planning scheme seeks to achieve outcomes through the identification of a number of overall

outcomes, performance outcomes and acceptable solutions. Land identified within the planning

scheme is divided into a number of zones, within such areas, such as the proposed development

site, are identified within individual precincts. The planning scheme further identifies numerous

overlay codes.

5.2 Land Designation

The site is included within the Rural Residential Zone of the planning scheme.

5.3 Level of Assessment

In accordance with Assessment Table 5.6.1 of the planning scheme, the application is impact

assessable, which results from reconfiguring a lot within the Rural Residential Zone that does not

achieve a lot size of 4,000m2.

5.4 Assessment Benchmarks

Given the impact assessable nature of the use, the following benchmarks of the planning scheme

are considered applicable for assessment against:

§ Strategic Framework.

§ Rural Residential Zone Code (refer Appendix 7).

§ Reconfiguring a Lot Code (refer Appendix 8).

§ Healthy Waters Code.

§ Landscape Code.

§ Transport Impact, Access and Parking Code.

§ Works Code.

§ Flood Hazard Overlay Code.

Section 6 of this report provides an assessment against the overall outcomes of the relevant

planning scheme codes.


MILFORD PLANNING 13

6.0 PLANNING ASSESSMENT

This section of the report provides an assessment of the proposed development against the

applicable provisions of the planning scheme.

6.1 Strategic Framework

The planning scheme incorporates a strategic framework, which sets the policy direction, and

basis for ensuring appropriate development occurs within the planning scheme area.

The strategic framework is represented by the following four themes:

(i) Shaping Townsville;

(ii) Strong, connected community;

(iii) Environmentally sustainable future; and

(iv) Sustaining growth.

The strategic framework provides strategic outcomes for each of the above four themes.

It is noted that the proposal furthers the outcomes sought by the above themes and their

outcomes, particularly when considering:

§ The proposed development seeks to provide separate title to land that currently functions

as two separate dwellings.

§ The proposed development does not involve any physical change to the existing use of

the site.

§ The proposed development provides opportunity for lifestyle choices that meets the needs

of different people and families in the Townsville region.

§ The proposed development provides greater choice in terms of lot typology without

altering the character of the streetscape.

§ The proposed development does not involve an intensification of land use, given the site

currently operates as two separate dwellings.

§ The proposed development provides for an additional rural residential lot that is in

character with the rural residential setting of the locality, given the houses are already

existing.

§ The proposed development does not adversely impact the environmental values of the

surrounding land.


MILFORD PLANNING 14

6.2 Rural Residential Zone Code

The purpose of the Rural Residential Zone Code is to provide for residential development on large

lots where the intensity of residential development is dispersed.

The particular purpose of the code is to:

(a) provide for semi-rural lifestyles in which the primary use is dwelling houses on large

lots which may have limited access to infrastructure and services;

(b) provide for some subordinate, and generally domestic scale, rural activities and home

based business to occur;

(c) ensure development maintains the character and amenity of the rural residential

locality; and

(d) ensure any intensification of impacts on nearby ecological values or natural resources

is avoided.

The overall outcomes of this code are as follows:

(a) residential development occurs in the form of dwelling houses, to the general

exclusion of other more intensive residential uses;

(b) reconfiguration creates large lots which support a semi-rural lifestyle and avoid

intensification of impacts on on-site and on nearby ecological values, natural

resources or rural activities;

(c) lot sizes are sufficient to ensure the protection of environmental values and water

quality objectives;

(d) further expansion of existing rural residential areas does not occur beyond those areas

zoned for this purpose;

(e) home businesses occur to an extent that does not unduly diminish the semi-rural

residential amenity, having regard to noise, odour, dust, traffic and other impacts;

(f) roadside stalls and other sales of produce produced on the site are of a limited scale

that is consistent with the semi-rural lifestyle;

(g) non-residential uses occur within the zone where they primarily support the day-to-

day needs of the immediate residential community and do not unreasonably detract

from the residential amenity of the area;

(h) development is buffered from nearby rural land such that the productive use of the

rural land is not constrained;

(i) residential development is protected from the impacts of nearby industrial activities,

transport corridors and infrastructure installations and major facilities such as

Department of Defence landholdings;

(j) the natural bushland setting and village character of Balgal Beach and Magnetic Island

townships are maintained. Tourism accommodation in these communities is of a

house compatible scale; and


MILFORD PLANNING 15

(k) development does not diminish water quality and does not intensify impacts on other

environmental values including remaining areas of ecological significance within the

zone.

Response

The proposal is considered to be generally consistent with the relevant purpose, overall outcomes,

performance outcomes, and acceptable outcomes of the Rural Residential Zone Code. In

particular, it is noted that:

§ The proposed development involves creation of two smaller rural residential lots.

§ The proposed development seeks to formalise separate title to land that currently

functions as two separate residences.

§ The proposed development does not result in any physical change to the existing use of

the land, with each existing dwelling, access and ancillary structures to remain as existing

and wholly contained within each respective lot.

§ The proposed development results in lots greater than 2,000m2 and can be appropriately

serviced.

§ The proposed development will facilitate residential uses consistent with the surrounding

locality.

§ The proposed development does not result in any adverse impact to the amenity of the

surrounding locality, given the proposal will not result in an increase in intensity on the

premises.

§ The proposed development is not located within close proximity of any non-compatible

uses.

§ The proposed development aligns with the previous approval issued by Council.

Refer to Appendix 7 for further assessment against the Rural Residential Zone Code

6.3 Reconfiguring a Lot Code

The proposed development is nominated for assessment against the Reconfiguring a Lot Code.

The purpose of this code is to:

(a) facilitate the creation of attractive, accessible and functional neighbourhoods and districts,

and a well-integrated, compact and sustainable city form; and

(b) protect the productive capacity, landscape character and ecological and physical functions

of Townsville’s diverse natural resources.

The purpose of the code will be achieved through the following overall outcomes:

(a) lot reconfiguration creates safe, convenient, functionally efficient and attractive

neighbourhoods and districts that are consistent with the intended character of the area;


MILFORD PLANNING 16

(b) lot reconfiguration creates walkable residential neighbourhoods and centres, and

accessible community facilities and employment opportunities;

(c) lot reconfiguration is responsive to the local environment, including topography, natural

drainage systems, vegetation and habitat, cultural heritage features, streetscape

character, landmarks, views and vistas;

(d) lot reconfiguration near infrastructure corridors and other major facilities ensures that

sensitive land uses are protected from activities generating amenity impacts;

(e) lot reconfiguration assists in protecting areas containing important ecological values or

providing important environmental services;

(f) lot reconfiguration does not facilitate fragmentation or alienation of land that would

prejudice the productive use of rural land resources;

(g) lot reconfiguration facilitates compatible relationships between different land uses and

with the natural environment;

(h) lot design and lot sizes are suited to the intended use of the land having regard to the

ability to accommodate buildings, vehicle access, parking, on-site services and open

space;

(i) lot orientation facilitates the conservation of non-renewable energy sources and the siting

of buildings that is appropriate for the local climatic conditions;

(j) infrastructure is supplied to all lots in a safe, efficient, coordinated and sequenced manner,

which minimises whole of life cycle costs and is sensitive to the environment in which they

are provided;

(k) the street system provides for high levels of permeability and safety for all users and in

particular, facilitates high levels of accessibility by public transport, walking and cycling;

and

(l) public open space is attractive and accessible and equitably meets user requirements for

recreational, social and cultural activities.

Response

The proposal is considered to be generally consistent with the purpose, overall outcomes,

performance outcomes and acceptable outcomes of the Reconfiguring a Lot Code when

considering:

§ The proposed development results in a planning outcome that optimises the use of the

subject land, providing for residential uses that are consistent with the intended character

of the area.

§ The two proposed land parcels currently consist of uses that operate independently of

each other, and the proposed development will allow the uses to be afforded separate

tile.

§ Existing residential uses will be retained within each proposed lot.

§ The proposed development will not result in an increase in intensity of residential

development, given the existing two dwellings will be retained.


MILFORD PLANNING 17

§ The proposed development is not considered to impact negatively upon the amenity of

the locality as the proposed subdivision is currently functioning as two individual lots.

§ The proposed development does not involve a physical change to the land that would

adversely impact on the natural environment or surrounding rural residential uses.

§ Whilst the proposed access strip of 5m width does not achieve the minimum nominated

width of 8m, it is considered the reduced width is sufficient given the access strip services

one lot only and can appropriately contain access and services necessary for the rear lot.

§ The proposed access handle common boundary is currently fenced and the 5m wide

access strip to the rear dwelling has functioned without issue over the past several years.

§ The proposed lots can be afforded direct and efficient access from Samhordern Road.

§ The proposed development creates lots of an appropriate dimension to accommodate the

existing residential buildings, access, on-site parking and open space and on-site

wastewater treatment.

§ The proposed lots can achieve separate connection to Council’s reticulated water network.

§ The proposed lots can be appropriately serviced by on-site wastewater treatment

systems.

§ The proposed development aligns with previous approval issued by Council.

Refer to Appendix 8 for further assessment against the Rural Residential Zone Code

6.4 Healthy Waters Code

The proposed development is nominated for assessment against the Healthy Waters Code.

The purpose of this code is to ensure development manages stormwater and wastewater as part

of the integrated total water cycle and in ways that help protect the environmental values

specified in the Environmental Protection (Water) Policy 2009.

The purpose of this code will be achieved through the following overall outcomes:

(a) environmental values of receiving water are protected from adverse

development impacts arising from altered stormwater quality and altered stormwater

flow;

(b) environmental values of receiving water are protected from waste water impacts;

(c) environmental values of receiving water are protected from development impacts

arising from the creation or expansion of non-tidal artificial waterways such as urban

lakes;

(d) potential adverse impacts on the natural and built environment,

including infrastructure and human health as a result of acid sulfate soils are avoided;

(e) public health and safety are protected and damage or nuisance caused by stormwater

is avoided;


MILFORD PLANNING 18

(f) stormwater is designed to maintain or recreate natural hydrological processes and

minimise run-off;

(g) whole of lifecycle costs of infrastructure are minimised; and

(h) well-designed developments are responsive to receiving water quality.

Response

The proposal is considered generally consistent with the purpose and desired outcomes of the

Healthy Waters Code. In particular, the proposed development will not result in a physical change

to the subject land that will alter the management of the existing stormwater and wastewater

cycles. The proposed lots can be appropriately connected to Council’s reticulated water network

and afforded on-site wastewater treatment systems.

6.5 Landscape Code

The proposed development is nominated for assessment against the Landscape Code.

The purpose of this code is to ensure landscaping in both the private and public domains is

designed and constructed to a high standard, provides a strong contribution to the city image, is

responsive to the local character, site and climatic conditions and remains fit for purpose over the

long-term.

The purpose of this code will be achieved by the following overall outcomes:

(a) a high quality streetscape and on-site landscape enhances the character of the city;

(b) landscape design is used to integrate the natural and built form elements of the site

and the locality;

(c) landscape elements create a legible and attractive street frontage, and enhance the

continuity of the streetscape;

(d) screening is used to soften built form, mitigate adverse aesthetic impacts and provide

privacy and character;

(e) plant species and landscaping materials are suited to the Dry Tropics' cyclone prone

climate;

(f) plant species, landscape materials and surface treatments are suited to their intended

function and user requirements;

(g) plant species, landscaping materials and surface treatments are designed to remain

attractive, fit for purpose and be cost effective to maintain over the long-term;

(h) landscape design facilitates an accessible, safe and comfortable environment for all

users; and

(i) significant on-site vegetation is retained, protected and integrated into the site design

wherever practicable.


MILFORD PLANNING 19

Response

The proposal is considered generally consistent with the purpose and desired outcomes of the

Landscape Code. The proposed development seeks to provide separate title to the existing

residential uses on the premises and does not involve any physical change to the existing use of

the site. No changes to the existing landscaping is proposed, with existing vegetation retained to

the extent possible.

6.6 Transport Impact, Access and Parking Code

The proposed development is nominated for assessment against the provisions of the Transport

Impact, Access and Parking Code.

The purpose of this code is to ensure appropriate provision for transport and end of trip facilities,

and to facilitate, as far as practicable, an environmentally sustainable transport network.


(a) the function, safety and efficiency of the transport network are optimised;

(b) pedestrians (including people with a disability) and cyclists are provided with a high

level of accessibility, safety, amenity and convenience within a development site and

on-site facilities are integrated with external walking and cyclist networks and public

transport nodes;

(c) the use of public transport is facilitated wherever appropriate;

(d) access, parking, servicing and associated manoeuvring areas are designed to be safe,

functional and meet the reasonable demands generated by the development;

(e) access, parking, servicing and associated manoeuvring areas do not detract from

streetscape character, and are designed to discourage crime and antisocial behaviour;

and

(f) adverse impacts on the environment and the amenity of the locality are avoided.

Response

The proposal is considered consistent with the purpose and overall outcomes of the Transport

Impact, Access and Parking Code. In particular, it is noted that:

§ The proposed lots will maintain direct access to Samhordern Road via existing access

arrangements.

§ Whilst the proposed access strip of 5m width does not achieve the minimum width of

8m, it is considered the reduced width is sufficient given the access strip services one

lot only, can appropriately contain access and services necessary for the rear lot.

§ The proposed access handle common boundary is currently fenced and the 5m wide

access strip to the rear dwelling has functioned without issue over the past several years.

§ The proposed development will not result in an increase in intensification of residential

uses and is therefore not considered to impact on the local transport network.

§ The proposed access strip aligns with that previously approved by Council.


MILFORD PLANNING 20

6.7 Works Code

The proposed development is nominated for assessment against the Works Code.

The purpose of this code is to ensure development is provided with a level of infrastructure which

maintains or enhances community health, safety and amenity and which avoids or minimises

impacts on the natural environment.

The purpose of the code will be achieved through the following overall outcomes:

(a) premises are provided with a level of service which is appropriate to the intended

character and function of the zone;

(b) risk to life and property is avoided;

(c) development does not detract from environmental values, including the quality

of receiving waters;

(d) development does not detract from the desired character and amenity of the locality;

(e) the integrity and quality of existing infrastructure is maintained;

(f) access, parking, streets and pedestrian and cycle paths are provided to standards

that ensure safe, convenient and efficient operation of movement networks;

(g) development facilitates an efficient provision of infrastructure and use of resources;

and

(h) whole of life cycle costs for infrastructure are minimised.

Response

The proposal is considered consistent with the purpose and overall outcomes of the Works Code.

The proposed development involves creation of one rear lot, with both lots able to be appropriately

connected to Council’s reticulated water network and afforded on-site wastewater treatment

systems.

6.8 Flood Hazard Overlay Code

The proposed development is assessable against the provision of the Flood Hazard Overlay Code

as a small area to the south-western corner of Lot 46 is mapped as being subject to low and

medium flood hazard.

The purpose of this code is to manage development outcomes in flood hazard areas so that risk

to life, property, community, economic activity and the environment during future flood events is

minimised, and to ensure that development does not increase the potential for flood damage on-

site or to other property.


MILFORD PLANNING 21


(a) development is compatible with the nature of the flood hazard except where there is an

overriding need for the development in the public interest and no other site is suitable

and reasonably available for the proposal;

(b) where development is not compatible with the nature of the flood hazard and there is an

overriding need for the development in the public interest and no other site is suitable

and reasonably available for the proposal:

i. development minimises as far as practicable the adverse impacts from

the hazard; and

ii. does not result in unacceptable risk to people or property;

(c) wherever practicable, facilities with a role in emergency management and vulnerable

community services are located and designed to function effectively during and

immediately after flood hazard event;

(d) development maintains the safety of people and minimises the potential damage to

property from flood events on the development site; and

(e) development does not result in adverse impacts on people’s safety, the environment or

the capacity to use land within the floodplain.

Response

The proposal is considered consistent with the purpose and overall outcomes of the Flood Hazard

Overlay Code given it does not increase exposure to flood. In particular, the extent of flood

hazard is limited to a small area of low flood hazard to the southern boundary of the site and is

considered negligible. Further, both dwellings are located outside of flood hazard areas.


MILFORD PLANNING 22

7.0 OTHER RELVANT MATTERS

There are other relevant matters to support the approval of the development application, including

(but not limited to) the following:

§ The proposed development seeks to provide separate title to land that currently operates

as two separate dwellings.

§ The proposed development does not involve any physical change to the existing use of

the site.

§ The proposed development was previously approved by Council, with the relevant

approval lapsing prior to the finalisation of the subdivision.

§ Whilst it is acknowledged that the level of assessment for the proposed development has

changed to impact assessment since the previous approval was issued, the built form

outcomes and impacts on the streetscape will not change from the current arrangements.

§ Despite the fact that Development Permit RC13/0070 has lapsed, the issuing of the said

permit is an indication of Council’s underlying support for the subdivision to facilitate

separate title for the existing dwellings.

§ The proposed development will allow the existing land uses to continue, with no proposed

changes or interruptions.

§ The proposed development is not considered to impact negatively upon the amenity of

the locality as the proposed subdivision is currently operating as two individual lots.

§ Each lot can be serviced by essential infrastructure services to meet the demand

generated by the existing residential uses on the subject land.


MILFORD PLANNING 23

8.0 CONCLUSIONS AND RECOMMENDATIONS

This proposal details a development application seeking a Development Permit for Reconfiguring

a Lot – One Lot into Two Lots on land described as Lot 495 on SP143118, and located at 26

Samhordern Road, Alice River.

In summary, the proposed development is recommended for approval based on the following

reasons:

§ The proposed development will further the achievement of the planning scheme’s

strategic framework.

§ The proposed development is considered to generally comply with the planning scheme

benchmarks that are considered to be relevant to the assessment of a proposal of this

nature.

§ There are a range of planning grounds and other relevant matters in support of the

application as detailed in the previous sections of this report.

§ Any areas of uncertainty can be dealt with through reasonable and relevant conditions of

the approval.

Given the above facts and circumstances presented in this report, we recommend that Council

approve the development subject to reasonable and relevant conditions.


Appendix 1


DA Form 1 – Development application details Approved form (version 1.3 effective 28 September 2020) made under section 282 of the Planning Act 2016.

This form must be used to make a development application involving code assessment or impact assessment, except when applying for development involving only building work.

For a development application involving building work only, use DA Form 2 – Building work details.

For a development application involving building work associated with any other type of assessable development (i.e. material change of use, operational work or reconfiguring a lot), use this form (DA Form 1) and parts 4 to 6 of DA Form 2 – Building work details.

Unless stated otherwise, all parts of this form must be completed in full and all required supporting information must accompany the development application.

One or more additional pages may be attached as a schedule to this development application if there is insufficient space on the form to include all the necessary information.

Note: All terms used in this form have the meaning given under the Planning Act 2016, the Planning Regulation 2017, or the Development Assessment Rules (DA Rules).

PART 1 – APPLICANT DETAILS

1) Applicant details

Applicant name(s) (individual or company full name) Adrienne Clarey C/- Milford Planning

Contact name (only applicable for companies) Meredith Hutton

Postal address (P.O. Box or street address) PO Box 5463

Suburb Townville

State Queensland

Postcode 4810

Country Australia

Contact number (07) 4724 0095

Email address (non-mandatory) [email protected]

Mobile number (non-mandatory)

Fax number (non-mandatory)

Applicant’s reference number(s) (if applicable) M1785

2) Owner’s consent

2.1) Is written consent of the owner required for this development application?

Yes – the written consent of the owner(s) is attached to this development application

No – proceed to 3)

This form and any other form relevant to the development application must be used to make a development application 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. For the purpose of assessing a development application relating to strategic port land and Brisbane core port land, any reference to a planning scheme is taken to mean a land use plan for the strategic port land, Brisbane port land use plan for Brisbane core port land, or a land use plan for airport land.


DA Form 1 – Development application details

Version 1.3— 28 September 2020

PART 2 – LOCATION DETAILS

3) Location of the premises (complete 3.1) or 3.2), and 3.3) as applicable) Note: Provide details below and attach a site plan for any or all premises part of the development application. For further information, see DA Forms Guide: Relevant plans. 3.1) Street address and lot on plan

Street address AND lot on plan (all lots must be listed), or Street address AND lot on plan for an adjoining or adjacent property of the premises (appropriate for development in water but adjoining or adjacent to land e.g. jetty, pontoon. All lots must be listed).

a)

Unit No. Street No. Street Name and Type Suburb

26 Samhordern Road Alice River

Postcode Lot No. Plan Type and Number (e.g. RP, SP) Local Government Area(s) 4817 495 SP143118 Townsville City

b)

Unit No. Street No. Street Name and Type Suburb

Postcode Lot No. Plan Type and Number (e.g. RP, SP) Local Government Area(s)

3.2) Coordinates of premises (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)

Note: Place each set of coordinates in a separate row.

Coordinates of premises by longitude and latitude

Longitude(s) Latitude(s) Datum Local Government Area(s) (if applicable)

WGS84

GDA94

Other:

Coordinates of premises by easting and northing Easting(s) Northing(s) Zone Ref. Datum Local Government Area(s) (if applicable)

54

55

56

WGS84

GDA94

Other:

3.3) Additional premises

Additional premises are relevant to this development application and the details of these premises have been attached in a schedule to this development application

Not required

4) Identify any of the following that apply to the premises and provide any relevant details

In or adjacent to a water body or watercourse or in or above an aquifer

Name of water body, watercourse or aquifer:

On strategic port land under the Transport Infrastructure Act 1994

Lot on plan description of strategic port land:

Name of port authority for the lot:

In a tidal area

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

Name of port authority for tidal area (if applicable):

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 Name of airport:




Listed on the Environmental Management Register (EMR) under the Environmental Protection Act 1994 EMR site identification:

Listed on the Contaminated Land Register (CLR) under the Environmental Protection Act 1994 CLR site identification:

5) Are there any existing easements over the premises? Note: Easement uses vary throughout Queensland and are to be identified correctly and accurately. For further information on easements and how they may affect the proposed development, see DA Forms Guide.

Yes – All easement locations, types and dimensions are included in plans submitted with this development application

No

PART 3 – DEVELOPMENT DETAILS Section 1 – Aspects of development

6.1) Provide details about the first development aspect

a) What is the type of development? (tick only one box)

Material change of use Reconfiguring a lot Operational work Building work

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

Development permit Preliminary approval Preliminary approval that includes a variation approval

c) What is the level of assessment? Code assessment Impact assessment (requires public notification)

d) Provide a brief description of the proposal (e.g. 6 unit apartment building defined as multi-unit dwelling, reconfiguration of 1 lot into 3 lots):

Reconfiguring a Lot – One Lot into Two Lots

e) Relevant plans Note: Relevant plans are required to be submitted for all aspects of this development application. For further information, see DA Forms guide:

Relevant plans.

Relevant plans of the proposed development are attached to the development application

6.2) Provide details about the second development aspect

a) What is the type of development? (tick only one box)

Material change of use Reconfiguring a lot Operational work Building work

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

Development permit Preliminary approval Preliminary approval that includes a variation approval

c) What is the level of assessment? Code assessment Impact assessment (requires public notification)

d) Provide a brief description of the proposal (e.g. 6 unit apartment building defined as multi-unit dwelling, reconfiguration of 1 lot into 3 lots):

e) Relevant plans Note: Relevant plans are required to be submitted for all aspects of this development application. For further information, see DA Forms Guide:

Relevant plans.

Relevant plans of the proposed development are attached to the development application 6.3) Additional aspects of development

Additional aspects of development are relevant to this development application and the details for these aspects that would be required under Part 3 Section 1 of this form have been attached to this development application

Not required




Section 2 – Further development details

7) Does the proposed development application involve any of the following?

Material change of use Yes – complete division 1 if assessable against a local planning instrument

Reconfiguring a lot Yes – complete division 2

Operational work Yes – complete division 3

Building work Yes – complete DA Form 2 – Building work details

Division 1 – Material change of use Note: This division is only required to be completed if any part of the development application involves a material change of use assessable against a

local planning instrument.

8.1) Describe the proposed material change of use Provide a general description of the proposed use

Provide the planning scheme definition (include each definition in a new row)

Number of dwelling units (if applicable)

Gross floor area (m2) (if applicable)

8.2) Does the proposed use involve the use of existing buildings on the premises?

Yes

No

Division 2 – Reconfiguring a lot Note: This division is only required to be completed if any part of the development application involves reconfiguring a lot.

9.1) What is the total number of existing lots making up the premises?

One

9.2) What is the nature of the lot reconfiguration? (tick all applicable boxes)

Subdivision (complete 10)) Dividing land into parts by agreement (complete 11)) Boundary realignment (complete 12)) Creating or changing an easement giving access to a lot

from a constructed road (complete 13))

10) Subdivision

10.1) For this development, how many lots are being created and what is the intended use of those lots:

Intended use of lots created Residential Commercial Industrial Other, please specify:

Number of lots created Two

10.2) Will the subdivision be staged?

Yes – provide additional details below

No

How many stages will the works include?

What stage(s) will this development application apply to?




11) Dividing land into parts by agreement – how many parts are being created and what is the intended use of the parts?

Intended use of parts created Residential Commercial Industrial Other, please specify:

Number of parts created

12) Boundary realignment

12.1) What are the current and proposed areas for each lot comprising the premises?

Current lot Proposed lot

Lot on plan description Area (m2) Lot on plan description Area (m2)

12.2) What is the reason for the boundary realignment?

13) What are the dimensions and nature of any existing easements being changed and/or any proposed easement? (attach schedule if there are more than two easements) Existing or proposed?

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

Identify the land/lot(s) benefitted by the easement

Division 3 – Operational work Note: This division is only required to be completed if any part of the development application involves operational work.

14.1) What is the nature of the operational work?

Road work

Drainage work

Landscaping

Stormwater

Earthworks

Signage

Water infrastructure

Sewage infrastructure

Clearing vegetation

Other – please specify:

14.2) Is the operational work necessary to facilitate the creation of new lots? (e.g. subdivision)

Yes – specify number of new lots:

No

14.3) What is the monetary value of the proposed operational work? (include GST, materials and labour)

$

PART 4 – ASSESSMENT MANAGER DETAILS

15) Identify the assessment manager(s) who will be assessing this development application

Townsville City Council

16) Has the local government agreed to apply a superseded planning scheme for this development application?

Yes – a copy of the decision notice is attached to this development application

The local government is taken to have agreed to the superseded planning scheme request – relevant documents attached

No




PART 5 – REFERRAL DETAILS

17) Does this development application include any aspects that have any referral requirements? Note: A development application will require referral if prescribed by the Planning Regulation 2017.

No, there are no referral requirements relevant to any development aspects identified in this development application – proceed to Part 6

Matters requiring referral to the Chief Executive of the Planning Act 2016: Clearing native vegetation

Contaminated land (unexploded ordnance)

Environmentally relevant activities (ERA) (only if the ERA has not been devolved to a local government)

Fisheries – aquaculture

Fisheries – declared fish habitat area

Fisheries – marine plants

Fisheries – waterway barrier works

Hazardous chemical facilities

Heritage places – Queensland heritage place (on or near a Queensland heritage place) Infrastructure-related referrals – designated premises

Infrastructure-related referrals – state transport infrastructure

Infrastructure-related referrals – State transport corridor and future State transport corridor

Infrastructure-related referrals – State-controlled transport tunnels and future state-controlled transport tunnels

Infrastructure-related referrals – near a state-controlled road intersection

Koala habitat in SEQ region – interfering with koala habitat in koala habitat areas outside koala priority areas

Koala habitat in SEQ region – key resource areas

Ports – Brisbane core port land – near a State transport corridor or future State transport corridor

Ports – Brisbane core port land – environmentally relevant activity (ERA)

Ports – Brisbane core port land – tidal works or work in a coastal management district

Ports – Brisbane core port land – hazardous chemical facility

Ports – Brisbane core port land – taking or interfering with water

Ports – Brisbane core port land – referable dams

Ports – Brisbane core port land – fisheries

Ports – Land within Port of Brisbane’s port limits (below high-water mark)

SEQ development area

SEQ regional landscape and rural production area or SEQ rural living area – tourist activity or sport and recreation activity

SEQ regional landscape and rural production area or SEQ rural living area – community activity

SEQ regional landscape and rural production area or SEQ rural living area – indoor recreation

SEQ regional landscape and rural production area or SEQ rural living area – urban activity

SEQ regional landscape and rural production area or SEQ rural living area – combined use

Tidal works or works in a coastal management district

Reconfiguring a lot in a coastal management district or for a canal

Erosion prone area in a coastal management district

Urban design

Water-related development – taking or interfering with water

Water-related development – removing quarry material (from a watercourse or lake)

Water-related development – referable dams

Water-related development –levees (category 3 levees only)

Wetland protection area

Matters requiring referral to the local government: Airport land

Environmentally relevant activities (ERA) (only if the ERA has been devolved to local government)




Heritage places – Local heritage places

Matters requiring referral to the Chief Executive of the distribution entity or transmission entity: Infrastructure-related referrals – Electricity infrastructure

Matters requiring referral to:

• The Chief Executive of the holder of the licence, if not an individual

• The holder of the licence, if the holder of the licence is an individual

Infrastructure-related referrals – Oil and gas infrastructure Matters requiring referral to the Brisbane City Council:

Ports – Brisbane core port land Matters requiring referral to the Minister responsible for administering the Transport Infrastructure Act 1994:

Ports – Brisbane core port land (where inconsistent with the Brisbane port LUP for transport reasons)

Ports – Strategic port land Matters requiring referral to the relevant port operator, if applicant is not port operator:

Ports – Land within Port of Brisbane’s port limits (below high-water mark)

Matters requiring referral to the Chief Executive of the relevant port authority: Ports – Land within limits of another port (below high-water mark)

Matters requiring referral to the Gold Coast Waterways Authority: Tidal works or work in a coastal management district (in Gold Coast waters)

Matters requiring referral to the Queensland Fire and Emergency Service: Tidal works or work in a coastal management district (involving a marina (more than six vessel berths))

18) Has any referral agency provided a referral response for this development application?

Yes – referral response(s) received and listed below are attached to this development application

No

Referral requirement Referral agency Date of referral response

Identify and describe any changes made to the proposed development application that was the subject of the referral response and this development application, or include details in a schedule to this development application (if applicable).

PART 6 – INFORMATION REQUEST

19) Information request under Part 3 of the DA Rules

I agree to receive an information request if determined necessary for this development application

I do not agree to accept an information request for this development application Note: By not agreeing to accept an information request I, the applicant, acknowledge: • that this development application will be assessed and decided based on the information provided when making this development

application and the assessment manager and any referral agencies relevant to the development application are not obligated under the DA Rules to accept any additional information provided by the applicant for the development application unless agreed to by the relevant parties

• Part 3 of the DA Rules will still apply if the application is an application listed under section 11.3 of the DA Rules. Further advice about information requests is contained in the DA Forms Guide.




PART 7 – FURTHER DETAILS

20) Are there any associated development applications or current approvals? (e.g. a preliminary approval)

Yes – provide details below or include details in a schedule to this development application

No

List of approval/development application references

Reference number Date Assessment manager

Approval

Development application

Approval

Development application

21) Has the portable long service leave levy been paid? (only applicable to development applications involving building work or

operational work) Yes – a copy of the receipted QLeave form is attached to this development application

No – I, the applicant will provide evidence that the portable long service leave levy has been paid before the assessment manager decides the development application. I acknowledge that the assessment manager may give a development approval only if I provide evidence that the portable long service leave levy has been paid Not applicable (e.g. building and construction work is less than $150,000 excluding GST)

Amount paid Date paid (dd/mm/yy) QLeave levy number (A, B or E)

$

22) Is this development application in response to a show cause notice or required as a result of an enforcement notice?

Yes – show cause or enforcement notice is attached

No

23) Further legislative requirements

Environmentally relevant activities 23.1) Is this development application also taken to be an application for an environmental authority for an Environmentally Relevant Activity (ERA) under section 115 of the Environmental Protection Act 1994?

Yes – the required attachment (form ESR/2015/1791) for an application for an environmental authority accompanies this development application, and details are provided in the table below

No Note: Application for an environmental authority can be found by searching “ESR/2015/1791” as a search term at www.qld.gov.au. An ERA requires an environmental authority to operate. See www.business.qld.gov.au for further information.

Proposed ERA number: Proposed ERA threshold:

Proposed ERA name:

Multiple ERAs are applicable to this development application and the details have been attached in a schedule to this development application.

Hazardous chemical facilities

23.2) Is this development application for a hazardous chemical facility?

Yes – Form 69: Notification of a facility exceeding 10% of schedule 15 threshold is attached to this development application

No Note: See www.business.qld.gov.au for further information about hazardous chemical notifications.




Clearing native vegetation

23.3) Does this development application involve clearing native vegetation that requires written confirmation that the chief executive of the Vegetation Management Act 1999 is satisfied the clearing is for a relevant purpose under section 22A of the Vegetation Management Act 1999?

Yes – this development application includes written confirmation from the chief executive of the Vegetation Management Act 1999 (s22A determination)

No Note: 1. Where a development application for operational work or material change of use requires a s22A determination and this is not included,

the development application is prohibited development. 2. See https://www.qld.gov.au/environment/land/vegetation/applying for further information on how to obtain a s22A determination.

Environmental offsets

23.4) Is this development application taken to be a prescribed activity that may have a significant residual impact on a prescribed environmental matter under the Environmental Offsets Act 2014?

Yes – I acknowledge that an environmental offset must be provided for any prescribed activity assessed as having a significant residual impact on a prescribed environmental matter

No Note: The environmental offset section of the Queensland Government’s website can be accessed at www.qld.gov.au for further information on environmental offsets.

Koala habitat in SEQ Region

23.5) Does this development application involve a material change of use, reconfiguring a lot or operational work which is assessable development under Schedule 10, Part 10 of the Planning Regulation 2017?

Yes – the development application involves premises in the koala habitat area in the koala priority area

Yes – the development application involves premises in the koala habitat area outside the koala priority area

No Note: If a koala habitat area determination has been obtained for this premises and is current over the land, it should be provided as part of this development application. See koala habitat area guidance materials at www.des.qld.gov.au for further information.

Water resources

23.6) Does this development application involve taking or interfering with underground water through an artesian or subartesian bore, taking or interfering with water in a watercourse, lake or spring, or taking overland flow water under the Water Act 2000?

Yes – the relevant template is completed and attached to this development application and I acknowledge that a relevant authorisation or licence under the Water Act 2000 may be required prior to commencing development

No Note: Contact the Department of Natural Resources, Mines and Energy at www.dnrme.qld.gov.au for further information.

DA templates are available from https://planning.dsdmip.qld.gov.au/. If the development application involves:

• Taking or interfering with underground water through an artesian or subartesian bore: complete DA Form 1 Template 1 • Taking or interfering with water in a watercourse, lake or spring: complete DA Form1 Template 2 • Taking overland flow water: complete DA Form 1 Template 3.

Waterway barrier works 23.7) Does this application involve waterway barrier works?

Yes – the relevant template is completed and attached to this development application

No DA templates are available from https://planning.dsdmip.qld.gov.au/. For a development application involving waterway barrier works, complete DA Form 1 Template 4.

Marine activities

23.8) Does this development application involve aquaculture, works within a declared fish habitat area or removal, disturbance or destruction of marine plants?

Yes – an associated resource allocation authority is attached to this development application, if required under the Fisheries Act 1994 No

Note: See guidance materials at www.daf.qld.gov.au for further information.




Quarry materials from a watercourse or lake

23.9) Does this development application involve the removal of quarry materials from a watercourse or lake under the Water Act 2000?

Yes – I acknowledge that a quarry material allocation notice must be obtained prior to commencing development No

Note: Contact the Department of Natural Resources, Mines and Energy at www.dnrme.qld.gov.au and www.business.qld.gov.au for further information. Quarry materials from land under tidal waters

23.10) Does this development application involve the removal of quarry materials from land under tidal water under the Coastal Protection and Management Act 1995?

Yes – I acknowledge that a quarry material allocation notice must be obtained prior to commencing development

No

Note: Contact the Department of Environment and Science at www.des.qld.gov.au for further information.

Referable dams

23.11) Does this development application involve a referable dam required to be failure impact assessed under section 343 of the Water Supply (Safety and Reliability) Act 2008 (the Water Supply Act)?

Yes – the ‘Notice Accepting a Failure Impact Assessment’ from the chief executive administering the Water Supply Act is attached to this development application

No Note: See guidance materials at www.dnrme.qld.gov.au for further information.

Tidal work or development within a coastal management district

23.12) Does this development application involve tidal work or development in a coastal management district?

Yes – the following is included with this development application:

Evidence the proposal meets the code for assessable development that is prescribed tidal work (only required if application involves prescribed tidal work)

A certificate of title

No Note: See guidance materials at www.des.qld.gov.au for further information. Queensland and local heritage places

23.13) Does this development application propose development on or adjoining a place entered in the Queensland heritage register or on a place entered in a local government’s Local Heritage Register?

Yes – details of the heritage place are provided in the table below

No Note: See guidance materials at www.des.qld.gov.au for information requirements regarding development of Queensland heritage places.

Name of the heritage place: Place ID:

Brothels

23.14) Does this development application involve a material change of use for a brothel?

Yes – this development application demonstrates how the proposal meets the code for a development application for a brothel under Schedule 3 of the Prostitution Regulation 2014

No

Decision under section 62 of the Transport Infrastructure Act 1994

23.15) Does this development application involve new or changed access to a state-controlled road?

Yes – this application will be taken to be an application for a decision under section 62 of the Transport Infrastructure Act 1994 (subject to the conditions in section 75 of the Transport Infrastructure Act 1994 being satisfied)

No




Walkable neighbourhoods assessment benchmarks under Schedule 12A of the Planning Regulation

23.16) Does this development application involve reconfiguring a lot into 2 or more lots in certain residential zones (except rural residential zones), where at least one road is created or extended?

Yes – Schedule 12A is applicable to the development application and the assessment benchmarks contained in schedule 12A have been considered

No Note: See guidance materials at www.planning.dsdmip.qld.gov.au for further information.

PART 8 – CHECKLIST AND APPLICANT DECLARATION

24) Development application checklist

I have identified the assessment manager in question 15 and all relevant referral requirement(s) in question 17 Note: See the Planning Regulation 2017 for referral requirements

Yes

If building work is associated with the proposed development, Parts 4 to 6 of DA Form 2 – Building work details have been completed and attached to this development application

Yes

Not applicable

Supporting information addressing any applicable assessment benchmarks is with the development application Note: This is a mandatory requirement and includes any relevant templates under question 23, a planning report and any technical reports required by the relevant categorising instruments (e.g. local government planning schemes, State Planning Policy, State Development Assessment Provisions). For further information, see DA Forms Guide: Planning Report Template.

Yes

Relevant plans of the development are attached to this development application Note: Relevant plans are required to be submitted for all aspects of this development application. For further information, see DA Forms Guide: Relevant plans.

Yes

The portable long service leave levy for QLeave has been paid, or will be paid before a development permit is issued (see 21)

Yes

Not applicable

25) Applicant declaration

By making this development application, I declare that all information in this development application is true and correct

Where an email address is provided in Part 1 of this form, I consent to receive future electronic communications from the assessment manager and any referral agency for the development application where written information is required or permitted pursuant to sections 11 and 12 of the Electronic Transactions Act 2001

Note: It is unlawful to intentionally provide false or misleading information.

Privacy – Personal information collected in this form will be used by the assessment manager and/or chosen assessment manager, any relevant referral agency and/or building certifier (including any professional advisers which may be engaged by those entities) while processing, assessing and deciding the development application. All information relating to this development application may be available for inspection and purchase, and/or published on the assessment manager’s and/or referral agency’s website. Personal information will not be disclosed for a purpose unrelated to the Planning Act 2016, Planning Regulation 2017 and the DA Rules except where:

• such disclosure is in accordance with the provisions about public access to documents contained in the Planning Act 2016 and the Planning Regulation 2017, and the access rules made under the Planning Act 2016 and Planning Regulation 2017; or

• required by other legislation (including the Right to Information Act 2009); or

• otherwise required by law.

This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.




PART 9 – FOR COMPLETION OF THE ASSESSMENT MANAGER – FOR OFFICE USE ONLY

Date received: Reference number(s):

Notification of engagement of alternative assessment manager

Prescribed assessment manager

Name of chosen assessment manager

Date chosen assessment manager engaged

Contact number of chosen assessment manager

Relevant licence number(s) of chosen assessment manager

QLeave notification and payment Note: For completion by assessment manager if applicable

Description of the work

QLeave project number

Amount paid ($) Date paid (dd/mm/yy)

Date receipted form sighted by assessment manager

Name of officer who sighted the form


Current Title Search

Queensland Titles Registry Pty LtdABN 23 648 568 101

Title Reference: 50381343 Search Date: 02/08/2021 13:49

Date Title Created: 24/01/2002 Request No: 38065523

Previous Title: 50336692

Estate in Fee Simple

LOT 495 SURVEY PLAN 143118Local Government: TOWNSVILLE

ESTATE AND LAND

Dealing No: 713511777 12/10/2010

ADRIENNE MCGREGOR CLAREYPAMELA RUTH SIMPSON JOINT TENANTS

REGISTERED OWNER

1. Rights and interests reserved to the Crown byDeed of Grant No. 10586024 (POR 220)

2. MORTGAGE No 708909890 19/08/2005 at 11:14NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937

EASEMENTS, ENCUMBRANCES AND INTERESTS

NIL

ADMINISTRATIVE ADVICES

NIL

UNREGISTERED DEALINGS

Caution - Charges do not necessarily appear in order of priority** End of Current Title Search **

COPYRIGHT QUEENSLAND TITLES REGISTRY PTY LTD [2021]Requested by: D-ENQ PROPERTY & TITLE SEARCH

www.titlesqld.com.auPage 1/1


Appendix 2


349RP804054

FH

7448m²

350RP804054

FH

7425m²

351RP804054

FH

5618m²

352RP804054

FH

7833m²

353RP804054

FH

6027m²

457RP886291

FH

4024m²458RP886291

FH

4015m²

459RP886291

FH

4195m²

460RP886291

FH

4195m²

480SP121000

FH

4636m²

479SP121000

FH

4870m²

LRP886289

EA

7255m²

ARP804051EA

1.759ha

ARP804051

EA

1.759ha

NRP886289

EA1451m²

481SP143118

FH

4212m²

482SP143118

FH

4231m²

483SP143118

FH

4702m²

488SP143118

FH

5304m²489SP143118

FH

5533m²490

SP143118FH

5039m²

492SP143118

FH

6526m²

493SP143118

FH

4190m²

494SP143118

FH

4204m²

495SP143118

FH

4204m²

496SP143118

FH

4204m²

COUR

T

HELE

NITA

JILL

IAN

COUR

T

SAMHORDERN ROAD

SAMHORDERN ROAD

DCDBLot/Plan 495/SP143118Area/Volume 4204m²Tenure FREEHOLDLocal Government TOWNSVILLE CITYLocality ALICE RIVERSegment/Parcel 62599/404

SUBJECT PARCEL DESCRIPTION

SCALE 1 : 2000HORIZONTAL DATUM:GDA94 ZONE:55m

40 80 120 160 2000

8259-34213STANDARD MAP NUMBER

146°36'12".72119°20'02".581ALICE RIVER2.21 KM

MAP WINDOW POSITION &NEAREST LOCATION

PRINTED (dd/mm/yyyy) 09/06/2021

DCDB 08/06/2021

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, Mines and Energy(DNRME)'s best efforts, DNRME 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 InformationFor further information on SmartMap products visithttps://www.qld.gov.au/housing/buying-owning-home/property-land-valuations/smartmaps

CLIENT SERVICE STANDARDS

SmartMapAn External Product of

SmartMap Information Services

Based upon an extraction from theDigital Cadastral Data Base

(c) The State of Queensland,(Department ofNatural Resources, Mines and Energy) 2021.

45 83 00m E

83

84

84

1

786 20 00 m N 786 20

2

21 21

3

22 22

4

23 23

GDA

19°20'07".917

146°36'07".957 146°36'17".485

19°20'07".917

19°20'00"

19°19'57".245

146°36'17".485

19°19'57".245

146°36'07".957

19°20'00"


Appendix 3


Matters of Interest for all selected Lot Plans

Matters of Interest by Lot PlanLot Plan: 495SP143118 (Area: 4204 m2)

'DWH��

State Assessment and Referral Agency

4XHHQVODQG�*RYHUQPHQW��7KH�6WDWH�RI�4XHHQVODQG��

'LVFODLPHU�7KLV�PDS�KDV �EHHQ�JHQHUDWHG�IURP�WKH� LQIRUPDWLRQ�VXSSOLHG�WR� WKH�4XHHQVODQG�*RYHUQPHQW�IRU�WKH�SXUSRVHV�RI�WKH�'HYHORSPHQW�$VVHVVPHQW�0DSSLQJ�6\VWHP��7KH�PDS�JHQHUDWHG�KDV�EHHQ�SUHSDUHG�ZLWK�GXH�FDUH�EDVHG�RQ�WKH�EHVW�DYDLODEOH�LQIRUPDWLRQ�DW�WKH�WLPH�RI�SXEOLFDWLRQ��7KH�6WDWH�RI�4XHHQVODQG�KROGV�QR�UHVSRQVLELOLW\ �IRU�DQ\�HUURUV� �LQFRQVLVWHQFLHV �RU�RPLVVLRQV�ZLWKLQ� WKLV �GRFXPHQW��$Q\�GHFLVLRQV �PDGH�E\�RWKHU�SDUWLHV�EDVHG�RQ�WKLV�GRFXPHQW�VROHO\ �WKH�UHVSRQV LELOLW\�RI� WKRVH�SDUW LHV��7KLV �LQIRUPDWLRQ�LV�VXSSOLHG�VXEMHFW� WR� WKH�IXOO� WHUPV �DQG�FRQGLWLRQV �DYDLODEOH�RQ�WKH�GHSDUWPHQW¶V�ZHEVLWH�


Appendix 4


PLANNING AND DEVELOPMENTDEVELOPMENT ASSESSMENT

PAGE >> 1 OF 11 REFERENCE >> RC13/0070 – 10041015 jvs:aet ABN >> 44 741 992 072

Tt22k3n1.docx PD0101-054

TOWNSVILLE CITY COUNCILADMINISTRATION BUILDING

103 WALKER STREET

PO BOX 1268, TOWNSVILLEQUEENSLAND 4810

TELEPHONE >> 07 4727 9001FACSIMILE >> 07 4727 9052

[email protected]

Date >> 24 June 2013

T PattonC/- Milford Planning ConsultantsPO Box 5463TOWNSVILLE QLD 4810

DEVELOPMENT APPLICATION DECISION NOTICESustainable Planning Act 2009 (SPA)

The Development Application for Development Permit – Reconfiguring a Lot(RC13/0070) Plan Right - One (1) into Two (2) Lot Reconfiguration was assessed and APPROVED SUBJECT TO CONDITIONS. The decision was made on 24 June 2013.

The following schedule provides all the relevant details.

1. Applicant detailsName and address T Patton

C/- Milford Planning ConsultantsPO Box 5463TOWNSVILLE QLD 4810

Applicant reference M576

2. Property descriptionAssessment number 10041015Property address 26 Samhordern Road, Alice RiverLegal description Lot 495 SP 143118

3. Application detailsApplication number RC13/0070Assessing officer Jeff SmithApproval applied for Development PermitDevelopment type Reconfiguring a LotDescription Plan Right - One (1) into Two (2) Lot

ReconfigurationAssessed under City of Thuringowa Planning Scheme 2003

4. Deemed approvalThe application has not been deemed to be approved under s.331 of the Sustainable Planning Act 2009.

5. ConditionsThe conditions of this approval are set out in the Schedule of Conditions (attached). The conditions are identified to indicate whether the assessment manager or a concurrence agency imposed them.





6. Further development permits required for this developmentDevelopment Permit – Operational WorksDevelopment Permit - Plumbing and Drainage Work

7. Code for self assessable developmentAll self assessable development related to the development approval must comply with the relevant codes identified in the City of Thuringowa Planning Scheme 2003.

8. Referral agenciesConcurrence agency >> Not Applicable

Advice agency >> Not Applicable

9. Conflict with a relevant instrumentThe assessment manager does not consider that this decision conflicts with a relevant instrument.

10. When approval lapsesSection.341 of the Sustainable Planning Act 2009 establishes when an approval lapses.

11. Rights of appealSections 461, 481, 482, 485, 488, 490 of the Sustainable Planning Act 2009 indicate the Right of Appeal and these sections are attached for your information.

Yours faithfully

For Assessment ManagerPlanning and Development

Appendices >> Conditions;Rights of Appeal.

Enclosed >> Adopted Infrastructure Charge Notice;Approved Plans.





DEVELOPMENT PERMIT

RECONFIGURING A LOT (One Lot into Two Lots)

SCHEDULE OF CONDITIONS

1. Proposal Plans

a) The proposed development must generally comply with the plan(s) referenced in the table below and attached as stamped “Approved Subject to Conditions” which forms part of this approval, unless otherwise specified by any condition of this approval.

Plan Name Plan No. Revision No. Plan/Revision Date

Proposed Reconfiguration Lots 45 and 46

43242 01 24 May 2013

b) The proposed development must comply with all Planning Scheme requirements applying at the date of this application, except as otherwise specified by any condition of this approval.

c) One full set of the most up to date approved plans must be held on site and available for inspection for the duration of the construction phase.

2. On-site Sewerage Disposal

The developer must ensure that the existing on-site sewer treatment systems are wholly contained within each of the abovementioned allotments. Any amendments to the system in this regard must be certified by a Registered Professional Engineer of Queensland (RPEQ).

Note: On site sewerage information supplied with this application is not permission to install the plant or commence building work. Under the Plumbing and Drainage Act 2002, an application must be lodged with the Hydraulic Certification Unit, Townsville City Council before any building work or installation of an on-site treatment plant can be carried out.

Further prospective purchasers of the land must be notified of the above.

3. Confirmation of Existing Services

a) The developer must ensure that the existing services for each lot are contained within the individual allotments; and/or

b) Where the existing services are not contained within the individual lot then such services must be relocated or easement obtained.





Such easements must be registered in accordance with the Land Title Act 1994, in conjunction with registration of the survey plan.

4. Relocation of Utilities

The developer must be responsible for any relocation and/or alteration to any public utility installation required as a result of any works carried out in connection with this development at no cost to council.

5. Soil Erosion Minimisation, Sediment Control and Dust Control

During the construction phase of this development the developer must be responsible for the installation and maintenance of adequate erosion and sediment control management. In particular,

a) The contingent design, implementation and maintenance of measures must be provided in accordance with Aus-Spec Specification - C211 Control of Erosion and Sedimentation.

b) During the construction and maintenance phases of this development the developer must be responsible for adequate mitigation measures being put in place for the suppression of dust so as not to cause a nuisance to neighbouring property.

CONDITIONS REQUIRING OPERATIONAL WORKS APPROVAL

An Operational Works application associated with the following conditions must be submitted to and approved by Council prior to any works commencing on site, unless otherwise approved by Council.

All engineering designs/documentation associated with such an application must be prepared and where necessary, certified by a suitably qualified/experienced person.

6. Water Supply (Public System)

The development must be serviced by the public water supply. In particular,

a) A reticulated water supply must be provided to the frontage of each lot within the proposed development and connected to council’s infrastructure prior to the signing of the survey plan. The water supply must be constructed in accordance with the standard design plans of council and must meet both the maximum design flow and emergency fireflow conditions.

b) The point of connection for the supply of water from council's water supply system is Samhordern Road.

c) The developer must provide a reticulated water supply, including service connection points from the point of connection to each lot in the subdivision.





7. Stormwater Drainage

a) The development site must be graded so that it is free-draining. All runoff from storms naturally falling onto this development site must be collected within the property boundaries and discharged to the lawful point of discharge being either Samhordern Road or the easement to the south of the property or as agreed upon by council.

b) The developer must ensure that no ponding of stormwater occurs on adjacent allotments as a result of this development and that no stormwater formerly flowing onto this development site is diverted onto other neighbouring allotments.

c) The developer must ensure that the post development discharge of stormwater from the subject land does not exceed pre-development peak flows.

d) Overland flow paths and underground drainage must be designed so as not to directly or indirectly cause nuisance to a downstream or adjoining property.

8. Roadworks

a) The developer must provide a new driveway crossover and access driveway for Lot 46 from the edge of bitumen to the property boundary at the developer's expense generally in accordance with Council's relevant Standard Drawings for Driveway Access and Driveway Crossovers for Rural Driveways.

b) During the construction phase, any damages to the road reserve (i.e. footpath/kerb and channel) must be replaced by the developer in accordance with council's standards.

9. Stormwater Drainage

Certification by an appropriately qualified and experienced Registered Professional Engineer of Queensland (RPEQ) of the following requirements must be provided so as to achieve, in particular:

a) The development site must be graded so that it is free-draining. All runoff from storms naturally falling onto this development site must be collected within the property boundaries and discharged to the lawful point of discharge being Samhordern Road or as agreed upon by council.

b) The developer must ensure that no ponding of stormwater occurs on adjacent allotments as a result of this development and that no stormwater formerly flowing onto this development site is diverted onto other neighbouring allotments.





c) Overland flow paths and underground drainage must be designed so as not to directly or indirectly cause nuisance to a downstream or adjoining property.

d) The developer must ensure that the post development discharge of stormwater from the subject land does not exceed pre-development peak flows and there is no concentration or increase in levels or velocities for storms of minor and major design events where the stormwater crosses land owned by others downstream of the developers land.

10. Minimum Lot Levels

a) The finished level on all new allotments created within the development site must be above the flood inundation level from an Average Recurrence Interval (ARI) 50 year storm/tide event. The developer must submit a hydraulic report that determines these levels prior to issue of a Development Permit to carry out Operational Work.

b) The proposed lots must be filled and compacted with approved material to a minimum level equal to the level of a 50 year ARI flood and must be evenly graded to the road frontage or an approved inter-lot drainage system at not less than 0.5% (for residential lots) and 0.25% (for commercial and industrial lots) to ensure that the land is free draining.

c) If the level of fill along an adjoining property boundary exceeds 100mm a retaining wall with at least a 50mm parapet above the fill level must be constructed to the requirements of council, in accordance with Section 5.5.2 of the former COT Planning Scheme.

d) In residential areas that are impacted by storm surge/tide, the proposed lots are to be filled and compacted with approved material to a minimum level of RL 3.90m AHD, in accordance with Section 5.4.4 of the former COT Planning Scheme.

CONDITIONS REQUIRING COUNCIL’S NOTATION / ACCEPTANCE

The following conditions must be submitted to Council for notation or acceptance prior to any works commencing on site, unless otherwise approved by Council.

11. Driveway Construction (Rear Lot)

The developer must provide a new driveway crossover and access driveway, (2.4m minimum wide) for the entire length of the access handle to service the rear lot. The driveway must all be constructed of:

* gravel; or* other alternative aesthetically pleasing materials to be approved in writing

by council prior to signing the survey plan.

Any future development on site must ensure all vehicles entering and exiting therear lot do so in a forward direction.





ADVICE

1. Infrastructure Charges

An Adopted Infrastructure Charges Notice outlining the estimated infrastructure contributions payable relevant to the Development Permit is attached for your information.

2. Further Approvals Required

a) Operational Works

All civil infrastructure and landscaping works associated with this development must be submitted to council for assessment and approval prior to any works commencing on site. Designs/documentation associated with such an application must be prepared and as applicable, certified by an RPEQ or Landscape Architect/Designer.

b) Plumbing and Drainage Works

The developer must obtain a Development Permit to carry out Plumbing and Drainage Works prior to the commencement of sanitary drainage works.

c) Roadworks Approval

The developer is responsible for obtaining a Roadworks Approval in accordance with Local Laws 4 for the installation of any hoardings, gantries or temporary road closures of the footpath or road prior to the commencement of works. The application must include the following:

(i) Completed Roadworks approval application form(ii) Prescribed fee(iii) Traffic Management Plan prepared by a suitably qualified traffic

professional detailing the traffic management measures put in place to manage all roadworks including pedestrians, cyclists and vehicles in accordance with the Manual of Uniform Traffic Control Devices Part 3 - Works on Roads.

If the works require closure of part of the road reserve, a temporary Road Closure Permit will be required. This permit allows for a section of road reserve to be closed for the purpose of works. The Queensland Police Service is the issuing authority for these permits. An application will need to be made to Council for a letter of no objection prior to applying to the Queensland Police Service for the permit. The Traffic Management Plan will need to be included with the application to Council.

3. Connection to Council Water Supply

A copy of this permit and the approved water reticulation design must be submitted to Council with the appropriate application form for connection to





Council's water supply. Council will respond to the application with a quotation for the work and upon payment will schedule the works for connection.

4. Payment of Rates, Charges and Expenses

Prior to signing the survey plan, payment is required of any outstanding rates or charges levied by the Council or any expenses being a charge over the subject land.

5. Satisfaction of Approval Conditions

a) Unless explicitly stated elsewhere in this permit, all requirements of the conditions of this approval must be satisfied prior to Council signing the survey plan.

b) Council may, at its absolute discretion, agree to accept other forms of security to guarantee compliance with conditions to enable an early signing of a survey plan.

6. Limitation of Approval

The council and its officers make no representations and provide no warranties as to the accuracy of the information contained in the application including its supporting material provided to it by the applicant.

The council and its officers rely upon the applicant concerning the accuracy and completeness of the application and its supporting material and accepts the application and supporting material as constituting a representation by the applicant as to its accuracy and completeness. Insofar as the application and its supporting material may be incomplete and/or inaccurate giving rise to any claim by a third party the applicant agrees to indemnity and save the council harmless in respect of any claim so arising.

7. Specifications and Drawings

Details of Council's specifications and standard drawings can be viewed on Council’s website.





RIGHTS OF APPEAL

Chapter 7, Part 1, Division 8 Appeals to court relating to development applications and approvals

461 Appeals by applicants(1) An applicant for a development application may appeal to the court against any of

the following—(a) the refusal, or the refusal in part, of the development application;(b) any condition of a development approval, another matter stated in a

development approval and the identification or inclusion of a code under section 242;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a period mentioned in section 341;(e) a deemed refusal of the development application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—(a) if a decision notice or negotiated decision notice is given—the day the

decision notice or negotiated decision notice is given to the applicant; or(b) otherwise—the day a decision notice was required to be given to the

applicant.(3) An appeal under subsection (1)(e) may be started at any time after the last day a

decision on the matter should have been made.

Chapter 7, Part 1, Division 11 making an appeal to court

481 How appeals to the court are started(1) An appeal is started by lodging written notice of appeal with the registrar of the

court.(2) The notice of appeal must state the grounds of the appeal.(3) The person starting the appeal must also comply with the rules of the court

applying to the appeal.(4) However, the court may hear and decide an appeal even if the person has not

complied with subsection (3).

482 Notice of appeal to other parties—development applications and approvals

(1) An appellant under division 8 must give written notice of the appeal to—(a) if the appellant is an applicant—

(i) the chief executive; and(ii) the assessment manager; and(iii) any concurrence agency; and(iv) any principal submitter whose submission has not been

withdrawn; and(v) any advice agency treated as a submitter whose submission has

not been withdrawn; or(b) if the appellant is a submitter or an advice agency whose response to the

development application is treated as a submission for an appeal—(i) the chief executive; and(ii) the assessment manager; and





(iii) any referral agency; and(iv) the applicant; or

(c) if the appellant is a person to whom a notice mentioned in section 465(1) has been given—(i) the chief executive; and(ii) the assessment manager for the development application to

which the notice relates; and(iii) any entity that was a concurrence agency for the development

application to which the notice relates; and(iv) the person who made the request under section 383 to which the

notice relates, if the person is not the appellant; or(d) if the appellant is a person mentioned in section 466(1)—

(i) the chief executive; and(ii) the responsible entity for making the change to which the appeal

relates; and(iii) the person who made the request to which the appeal relates

under section 369, if the person is not the appellant; and(iv) if the responsible entity is the assessment manager—any entity

that was a concurrence agency for the development application to which the notice of the decision on the request relates; or

(e) if the appellant is a person to whom a notice mentioned in section 467 has been given—the entity that gave the notice.

(2) The notice must be given within—(a) if the appellant is a submitter or advice agency whose response to the

development application is treated as a submission for an appeal—2 business days after the appeal is started; or

(b) otherwise—10 business days after the appeal is started.(3) The notice must state—

(a) the grounds of the appeal; and(b) if the person given the notice is not the respondent or a co-respondent

under section 485—that the person may, within 10 business days after the notice is given, elect to become a co-respondent to the appeal by filing in the court a notice of election in the approved form.

485 Respondent and co-respondents for appeals under division 8(1) Subsections (2) to (8) apply for appeals under sections 461 to 464.(2) The assessment manager is the respondent for the appeal.(3) If the appeal is started by a submitter, the applicant is a co-respondent for the

appeal.(4) Any submitter may elect to become a co-respondent for the appeal.(5) If the appeal is about a concurrence agency’s response, the concurrence

agency is a co-respondent for the appeal.(6) If the appeal is only about a concurrence agency’s response, the assessment

manager may apply to the court to withdraw from the appeal.(7) The respondent and any co-respondents for an appeal are entitled to be heard

in the appeal as a party to the appeal.(8) A person to whom a notice of appeal is required to be given under section 482

and who is not the respondent or a co-respondent for the appeal may elect to be a co-respondent.

(9) For an appeal under section 465—(a) the assessment manager is the respondent; and





(b) if the appeal is started by a concurrence agency that gave the assessment manager a notice under section 385—the person asking for the extension the subject of the appeal is a co-respondent; and

(c) any other person given notice of the appeal may elect to become a co-respondent.

(10) For an appeal under section 466—(a) the responsible entity for making the change to which the appeal relates

is the respondent; and(b) if the responsible entity is the assessment manager—

(i) if the appeal is started by a person who gave a notice under section 373 or a pre-request response notice—the person who made the request for the change is a co-respondent; and

(ii) any other person given notice of the appeal may elect to become a co-respondent.

(11) For an appeal under section 467, the respondent is the entity given notice of the appeal.

488 How an entity may elect to be a co-respondentAn entity that is entitled to elect to be a co-respondent to an appeal may do so, within 10 business days after notice of the appeal is given to the entity, by following the rules of court for the election.

490 Lodging appeal stops particular actions(1) If an appeal, other than an appeal under section 465, 466 or 467, is started

under division 8, the development must not be started until the appeal is decided or withdrawn.

(2) If an appeal is about a condition imposed on a compliance permit, the development must not be started until the appeal is decided or withdrawn.

(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal would not be affected if the development or part of the development is started before the appeal is decided, the court may allow the development or part of the development to start before the appeal is decided.


Appendix 5


Appendix 6


PAGE >> 1 OF 2 ABN >> 44 741 992 072PS1138.00

TOWNSVILLE CITY COUNCIL

PRELODGEMENT MEETING MINUTES >>

DATE >> 24 June 2021

TIME >> 1.30pm

ATTENDEES >>Meredith Hutton Milford PlanningFrances Mahlouzarides Milford PlanningJeff Smith Coordinator – Development AssessmentDee Wagale Development EngineerGlenys Hargreave Planning Support Officer, Development Assessment

COUNCIL REFERENCE >> PLM21/0142ASSESSMENT NO >> 10041015LEGAL DESCRIPTION >> Lot 495 SP 143118PROPERTY ADDRESS >> 26 Samhordern Road ALICE RIVER QLD 4817PROPOSAL >> Pre-Lodgement Informal Meeting Request - ROL (1 to 2 lots)

An application was approved in 2013, progressed to operational works approval but noting further progressed on the site, and has since lapsed.

A new application is proposed to be lodged using the same configuration as per the original approval.

The minimum lot size is not being met, i.e. below 4,000m2.

MINUTES OF MEETING

DEVELOPMENT ASSESSMENT >>� The application will be impact assessable requiring public notification. If submissions are

received the application will need to go to a full council meeting for consideration.� No guarantee can be provided in regard to the application being approved.� Consideration and justification to be given to the access (which appears to be narrower than

required by the scheme), amenity (in terms of dust from the access handle) and lot size.� The application will need to demonstrate access is all weather access. � On site waste water systems will need to contained in each proposed lot.� It is acknowledged the proposed reconfiguration is not increasing the intensity as two

dwellings exist on site. However this will be required to be addressed as part of the application process.

� An option could be to create a group title as no extra lot will be created.

INFRASTRUCTURE ASSESSMENT >>� The drainage plan shows that the two houses have a combined system. These will need to

be separated and contained on each lot as above.

MEETING CLOSED >> 1.38pm

Note : This pre-lodgement advice has been prepared on 25 June 2021 and is subject to change at the time of lodgement of a formal development application.

Version: 3, Version Date: 28/06/2021Document Set ID: 19159755Version: 1, Version Date: 09/08/2021Document Set ID: 19216212

TOWNSVILLE CITY COUNCIL

PAGE >> 2 OF 2 ABN >> 44 741 992 072

Checked by: Jeff Smith

Date: 28 June 2021

Version: 3, Version Date: 28/06/2021Document Set ID: 19159755Version: 1, Version Date: 09/08/2021Document Set ID: 19216212

Appendix 7


MILFORD PLANNING 1

TOWNSVILLE CITY PLAN 2014 – RURAL RESIDENTIAL ZONE CODE

Performance Outcome/Acceptable Outcomes Response

For Self-Assessable and Assessable Development

Home Based Business

PO1: The use does not adversely impact on the amenity of the surrounding residential land uses and local character.

AO1.1: The Home Based Business:

a) is carried out in an existing building or structure;

b) does not use more than 60m² of the gross floor area of the building or structure;

c) involves at least one or more residents of the dwelling house;

d) involves not more than one non-resident employee;

e) where bed and breakfast accommodation, does not exceed three bedrooms;

f) does not generate more than 1 heavy vehicle trip per week;

g) does not generate more than 14 vehicle trips per day by other vehicles, where one trip includes arriving and departing the site. These trips are additional to normal domestic trips associated with the dwelling;

h) contains visitor parking within the site;

i) does not involve hiring out of materials, goods, appliances or vehicles; and

j) does not involve the repair or maintenance of vehicles, other than minor maintenance of vehicles used in conjunction of the home based business on the site.

R1: Not applicable The proposed development does not involve a home based business.

AO1.2: Functional aspects of the use such as service areas, material storage or use activities are not visible from the street. AO1.3: Other than where a bed and breakfast or home based


MILFORD PLANNING 2


childcare, the business use does not operate outside the hours of 8am to 5pm Monday to Friday, 8am to 2pm Saturday and does not operate on Sunday. AO1.4: Noise levels do not exceed acoustic quality objectives under the Environmental Protection (Noise) Policy 2008.

PO2: Heavy vehicle parking:

a) has a direct nexus with a home based business or rural use carried out on the site; and

b) does not adversely affect the amenity of neighbouring properties.

AO2.1: Not more than one heavy vehicle is parked on the site.

R2: Not applicable The proposed development does not involve a home based business. AO2.2:

While on-site, vehicles: a) are not left idling for

more than 5 minutes at any one time; and

b) do not have a refrigeration unit running.

Roadside Stall PO3: Roadside stalls are small in scale and do not impact negatively upon the amenity, character or safety of the locality and the safety and efficiency of roads.

AO3.1: Any structure used for the sale of goods or produce is limited to 20m2 gross floor area.

R3: Not applicable The proposed development does not involve a roadside stall. AO3.2:

Access to the structure is via the primary property access point.

AO3.3: Produce or goods sold is grown, made or produced on the land on which the road side stall is erected.

Sales Office PO4: The use does not adversely impact on the amenity of the surrounding land uses and local character.

AO4: Development of the sales office is in place for no more than two years.

R4: Not applicable The proposed development does not involve a sales office.

Animal Keeping and Cropping PO5: Animal keeping and cropping do not adversely impact on the amenity of the surrounding residential land uses and local character.

AO5.1: Non-Residential Buildings, Animal Enclosures, Storage Facilities and Waste Disposal Areas are set back 50m from any dwelling on an adjoining or nearby site.

R5: Not applicable The proposed development does not involve animal keeping and cropping.

AO5.2: The height of Non-Residential buildings or facilities does not exceed 2 storeys or 8.5m above ground level, whichever is the lesser.


MILFORD PLANNING 3


AO5.3: Cropping does not involve chemical spraying unless a 40m wide vegetated buffer is provided on the site between the crops which are being sprayed and adjoining land.

PO6: Non-residential uses established only where:

a) compatible with local character and amenity; b) limited in scale and supporting the day-to-day needs of the

local community; and c) not more appropriately located in another zone.

R6: Not applicable The proposed development does not involve non-residential uses.

PO7: Tourism accommodation within Balgal Beach and the Magnetic Island townships is compatible with the village character of these communities.

R7: Not applicable The proposed development does not involve non-residential uses.

For assessable development Built Form PO8: Development is consistent with the height and scale of surrounding buildings and includes features that contribute to an attractive streetscape.

R8: Complies The proposed development involves creation of one new residential lot only and is consistent with the existing surrounding residential uses.

PO9: Development minimises impacts on surrounding land and provides for an appropriate level of amenity within the site, having regard to:

a) noise; b) hours of operation; c) traffic; d) visual impact; e) odour & emissions; f) lighting; g) access to sunlight; h) privacy; and i) outlook.

R9: Complies The proposed development is not anticipated to create adverse amenity impacts on surrounding properties given: § The proposed development

seeks to provide separate title to two existing residential uses on the land.

§ The proposed development does not involve any physical change to the use of the land, with the existing dwellings and associated structures and access contained within each proposed lot.

§ The proposed development is consistent with the nature of the locality and surrounding residential uses.

§ The proposed development aligns with the previous approval issued by Council.

PO10: Landscaping is provided to contribute positively to the city image, particularly along major roads.

R10: Complies Existing landscaping will be retained within the subject site to the extent possible.

PO11: Development does not compromise the ongoing productive use of nearby Rural Land.

R11: Complies The proposed subdivision involves creation of one new lot only and is not located near Rural Land.


MILFORD PLANNING 4


For Assessable Development Crime Prevention Through Environmental Design PO12: Development for the purposes of a sensitive use within 500m of land included in the High Impact Industry Zone or Special Purpose Zone, or within 250m of land in the Medium Impact Industry Zone:

a) achieves indoor noise levels consistent with the objectives set out in the Environmental Protection (Noise) Policy 2008;

b) achieves air quality levels consistent with the objectives set out in the Environmental Protection (Air) Policy 2008 and the relevant national standard; and

c) does not experience offensive odours.

R12: Not applicable The proposed development is not located nearby land included in an industrial zone or the Special Purpose Zone.

Protection of Natural Values PO13: The site layout, size and design responds sensitively to on-site and surrounding topography, drainage patterns and ecological values by:

a) minimising earthworks; b) maximising retention of natural drainage patterns; c) ensuring existing drainage capacity is not reduced; d) maximising the retention of existing vegetation; e) providing buffers to protect the ecological functions of

waterways; and f) protecting environmental values and water quality objectives

of receiving waters.

R13: Complies The proposed development involves the creation of two smaller lots only and seeks to provide separate title to the existing residential uses on the land. The proposed development does not involve any physical change to the use of the site.


Appendix 8


MILFORD PLANNING 1

TOWNSVILLE CITY PLAN 2014 - RECONFIGURING A LOT CODE


General design elements

PO1: The layout of roads, streets, lots and infrastructure avoids or minimises impacts on environmental features of the locality by:

a) following the natural topography and minimising earthworks;

b) avoiding crossing or otherwise fragmenting waterways, wetlands, habitat areas or ecological corridors;

c) maintaining natural drainage features and hydrological regimes; and

d) maintaining important ecological corridors and habitat areas.

R1: Complies The proposed development is designed to minimise impacts on environmental features in the locality. The proposed subdivision does not alter the existing layout of the site.

PO2: The development is well integrated with the surrounding locality, having regard to:

a) the layout of, and connections to, surrounding roads, streets, pedestrian and cycle networks and other infrastructure networks;

b) open space networks, habitat areas or corridors; c) connections to centres and employment areas; d) opportunities for shared use of public facilities; e) surrounding landscaping and streetscape treatments; and f) the interface between incompatible land uses.

R2: Complies The proposed development will integrate with the surrounding locality and will result in residential development that is consistent with the surrounding built form in the area, particularly noting the premise currently presents as two separate properties and the proposal does not involve any physical change in the use of the land or the existing built form.

PO3: The design of urban street blocks encourages walking.

R3: Not applicable The proposed development does not involve the construction of urban streets.

PO4: Street blocks and lot types are generally in a grid pattern and arranged to provide:

a) an efficient development pattern that supports walking, cycling and public transport use;

b) regular shaped lots; and c) development that is consistent with the intent of the zone.

R4: Not applicable The proposed development does not involve the construction of urban streets.

PO5: New development optimises views and physical connections to important landscape features to enhance legibility and sense of place.

R5: Complies The proposed development will provide views and physical connections to important landscape features where possible.

PO6: Reconfiguring a lot does not facilitate development that would be visually obtrusive on ridgelines and prominent landscape features, or does not intensify development where already occurring on such features.

R6: Not applicable The proposed development is not located on a ridgeline or prominent landscape feature.

PO7: Development maintains or rehabilitates vegetated buffers to coastal waters where practicable.

R7: Not applicable The proposed development is not located within close proximity to vegetated buffers or coastal waters.

PO8: Where a reconfiguration involves the creation of a new road or street (other than in the Rural Zone), streetscape and landscape treatments are provided that:

R8: Not applicable The proposed development does not include the construction of any new road or street.


MILFORD PLANNING 2


a) create an attractive and legible environment which establishes character and identity;

b) enhance safety and comfort, and meet user needs; c) complement the function of the street in which they are

located by reinforcing desired traffic speed and behaviour; d) support safe pedestrian and cycling movement; e) maximise infiltration of stormwater runoff wherever

practicable; and f) minimise maintenance and whole of lifecycle costs.

Parks and Open Space

PO9: Reconfiguration facilitates the provision of a hierarchy of open space at local, district and regional levels that:

a) contributes to the legibility and character of the neighbourhood;

b) is linked to existing parkland or open space networks wherever possible;

c) meets the community’s needs and is designed to maximise use by the community it serves; and

d) offer a broad range of informal and formal experiences to the community.

R9: Not applicable The proposed development is for a simple one into two lot subdivision and will not need to facilitate the provision of the hierarchy of open space, particularly given existing parkland is located approximately 250m north of the subject land.

PO10: Within residential areas, local recreation parks are created which provide informal recreational opportunities to supplement private open space of the neighbourhood.

AO10.1: Local recreational parks are provided at a rate of 1ha per 1,000 people.

R10: Not applicable The proposed development will not create a significant increase in the demand for public parks. Existing public parks in the area sufficiently satisfies the performance outcome, with an existing park approximately 250m north of the subject land.

AO10.2: Local recreational parks are provided at a maximum distance of 400m from the residents they serve.

PO11: Local recreational parks are of a sufficient size, shape and topography to accommodate a usable activity area, accommodating recreational facilities that meet local needs for a range of age cohorts, such as play equipment, kick-about areas, picnic areas, seating and the like.

AO11.1: Local recreational parks have a minimum usable activity area of 0.5ha.

R11: Not applicable The proposed development will not involve the development of public recreation parks.

AO11.2: Parks are square to rectangular with the ratio of dimensions no greater than 2:1. AO11.3: At least 80% of the park has a grade of no more than 1:10.

PO12: Local recreational parks are located and designed to maximise accessibility and to ensure a majority of the park has good casual surveillance established through overlooking from adjacent land uses.

AO12: At least 50% of the perimeter of the park has a direct road frontage.


PO13: Local recreational parks are provided with a reasonable level of flood immunity such that community space remains available during most flood events.

AO13: At least 10% of the park area is above the 2% AEP and embellishments, including play equipment, shelters and shared pathways are constructed above the 2% AEP flood level.



MILFORD PLANNING 3


PO14: Parkland is safe and secure, with a clear relationship between the public realm and adjoining land uses through treatment including alignment, fencing, public lighting and landscaping.


PO15: Design and embellishments of local recreational parks:

a) reflect the likely demographic needs of the local community which the park services;

b) complement those in nearby parks, increasing the range of facilities available to the community; and

c) are fit for purpose.

AO15: The design and embellishments of local recreational parks is undertaken in accordance with the Development Manual Planning Scheme Policy No. SC6.4 - SC6.4.3.6 Landscape Policy.


PO16: Local recreational parks are to provide pathway connections to the on-street verge pathway network and pathways are provided to connect to activity areas within the park.


Climatic Response

PO17: Road, street and lot orientation and lot size facilitate development that conserves non-renewable energy sources and enhances climate responsiveness by:

a) optimising a generally north-south orientation for the long axis of street blocks, or where east-west orientation is unavoidable, proportioning lots to allow for appropriate building orientation; and

b) creating lots that are generally rectangular in shape.

R17: Complies The proposed development is for a simple one into two lot subdivision only. The proposed development facilitates orientations that are generally in a north-south direction to enhance climate responsiveness.

PO18: Road, street and lot orientation and lot size are responsive to north east prevailing winds and facilitates air permeability.

AO18.1: Where practicable, parallel side boundaries are staggered.

R18: Complies The proposed development is for a simple one into two lot subdivision only. It is considered the lot layout is responsive to the north-east prevailing winds, with the lot size of each proposed lot exceeding 2,000m2.

AO18.2: The layout does not create more than three small lots, solid fencing or other barriers perpendicular to the target winds. OR AO18.3: Where barriers exist perpendicular to target winds, the distance between a down-wind barrier or receptor and the up-wind barrier is not less than 7 times the height of the upwind barrier.


MILFORD PLANNING 4


AO18.4: Where they are proposed, built to boundary walls are located on the west-southwest boundary of lots, except where these boundaries are on the higher side of a sloping lot.

Development near infrastructure corridors and other major facilities

PO19: Reconfiguration within 100m of any High Pressure Gas Pipeline does not:

a) increase the number of lots; b) affect the long-term operation of the pipeline; and c) put at risk the safety and lives of people or the safety of

property.

R19: Not applicable The subject land is not adjacent to any listed infrastructure.

PO20: Lots are designed and oriented to:

a) minimise the visual exposure of electricity transmission lines;

b) facilitate a substantive vegetated buffer adjoining electricity transmission line easements; and

c) ensure habitable buildings and recreation areas are well separated from electricity transmission line easements.

AO20.1: Where on land that includes or adjoins a high voltage electricity easement (above 33kV), lot design and layout incorporates:

a) a vegetated buffer within a distance of 20m from the boundary of the electricity transmission line easement; and

b) the orientation of the primary lot frontage away from transmission line easement.


AO20.2: Lots are designed and oriented to ensure that a habitable building or primary open space areas on each lot can comply with the separation distance set out in Table 9.4.4.3(b).

PO21: Reconfiguration ensures an appropriate level of amenity and safety is achieved for residential and other sensitive land uses through appropriate separation and buffering from nearby incompatible uses, including Department of Defence landholdings, major hazard facilities, intensive animal industries, major sport, recreation and entertainment facilities, sewerage, water and waste Treatment and disposal facilities and industrial areas. The continued safe and efficient operation of these types of facilities is protected.


PO22: Reconfiguration of land potentially affected by the impacts of a transport corridor or other noise generating activities ensures the development is designed to facilitate adequate noise management.


PO23: Where they are used, noise attenuation measures are:

a) compatible with the local streetscape and do not preclude the creation of active street frontages where desired;

b) durable and easily maintained; and

R23: Not applicable Noise attenuation measures are not required as part of the proposed development.


MILFORD PLANNING 5


c) are designed to discourage crime and antisocial behaviour, having regard to:

i) opportunities for graffiti; ii) provision of casual surveillance of public open

space and movement networks; and iii) opportunities for concealments or vandalism.

PO24: Reconfiguration does not result in lots being subject to adverse air quality impacts.

R24: Not applicable The reconfiguration will not result in a decrease in air quality.

Services

PO25: Services, including water supply, stormwater drainage management, sewerage infrastructure, reticulated gas, public lighting, waste disposal, electricity and telecommunications, are provided in a manner that:

a) is efficient; b) is adaptable to allow for future infrastructure upgrades; c) minimises risk of adverse environmental or amenity-

related impacts; d) promotes total water cycle management, the efficient use

of water resources and the protection of environmental values and water quality objectives of receiving waters; and

e) minimises whole of life cycle costs for that infrastructure.

R25: Complies The proposed development can be connected to all essential infrastructure services in an efficient and orderly manner. The proposed infrastructure connections are not considered to adversely impact on future infrastructure upgrades or create adverse environmental or amenity related impacts.

Lot Sizes and Design

PO26: Reconfiguration creates lot sizes that:

a) are consistent with the intended character of the zone, precinct or sub-precinct in which the land is located;

b) do not compromise the future development potential of land in the Emerging community zone for urban purposes;

c) are sufficient to protect the productive capacity, environmental and landscape values of rural land resources;

d) are sufficient to protect ground and surface water quality in the Rural residential zone; and

e) are sufficient to protect areas with significant ecological values.

AO26: Minimum lot size is in accordance with Table 9.4.4.3(c).

R26: Complies The proposed development results in lot sizes that do not meet the minimum lot size of 4,000m2. Specifically, the proposed development results in the following lot sizes: § Lot 45 – 2,001m2; and § Lot 46 – 2,203m2.

It is considered the resultant lot sizes are acceptable, given: § The proposed development

seeks to formalise separate title to land that currently functions as two separate land parcels.

§ The proposed development does not result in any physical change to the existing use of the land, with each existing dwelling, access and ancillary structures to remain as existing and wholly contained within each respective lot.

§ The proposed development will facilitate residential uses consistent with the surrounding locality.

§ The proposed development will not adversely impact the productive capacity,


MILFORD PLANNING 6


environmental and landscape values of rural land resources.

§ The proposed layout aligns with the previous approval issued by Council.

PO27: Lots have regular shape and dimensions to facilitate the efficient development of the land for its intended purpose, and have sufficient area to provide for:

a) buildings and structures appropriate to the zone, precinct or sub-precinct;

b) adequate usable open space and landscaping;

c) ventilation and sunlight;

d) privacy for residents; e) suitable vehicle access

and on-site parking where required; and

f) any required on-site services and infrastructure such as effluent disposal areas.

AO27: The dimensions of lots are in accordance with Table 9.4.4.3(c).

R27: Complies The proposed lots are regular in shape and are appropriately dimensioned to provide for the rural residential use of the land. Specifically: § The proposed development

seeks to provide separate title to the two existing dwellings on the property.

§ The proposed development does not involve any physical change in use of the land or existing built form.

§ The land presents as two land parcels currently, with separate access crossover to Samhordern Road.

§ The proposed lots are appropriately sized to contain the existing residential uses and can be appropriately serviced.

§ The proposed lots align with the layout previously approved by Council.

PO28: Where rear lots are created, they:

a) provide for an appropriate level of amenity;

b) incorporate direct access of a sufficient width for the use of the lot; and

c) ensure infrastructure services to the lot can be easily constructed, monitored and maintained.

AO28.1: Only one rear lot is provided behind each standard lot.

R28.1: Complies The proposed development involves creation of one rear lot only.

AO28.2: No more than two rear lot access strips directly adjoin each other.

R28.2: Complies The proposed development does not involve more than two rear lot access strips adjoining each other.

AO28.3: No more than two rear lots gain access from the head of a cul-de-sac.

R28.3: Not applicable The proposed development is not located on a cul-de-sac.

AO28.4: Where a rear lot is proposed in a residential zone, a square building envelope with sides of 17m is capable of being contained entirely within the lot.

R28.4: Complies The proposed new rear lot is capable of achieving the nominated building envelope. It is noted, the proposed development will maintain the existing residential use on the rear lot, with no physical change to the built form proposed.

AO28.5: An access strip for a rear lot has a minimum width of:

a) 8m in a rural or rural residential zone for access lengths up to

R28.5: Alternative Solution The proposed development involves a 5m wide access strip, with this considered suitable given: § The proposed access strip will

service one lot only, resulting in minimal vehicle traffic


MILFORD PLANNING 7


50m and greater than 50m, 15m width; or

b) 3.5m in urban residential zones; or

c) 8m in an industry zone; or

d) in any other zone, no acceptable outcome is nominated.

traversing the access. § The proposed access strip

width of 5m provides for an access that is sufficiently setback from existing built structures.

§ The proposed access can appropriately contain access and services necessary for the rear lot.

§ The proposed access formalises existing arrangements, with the 5m wide access driveway currently fenced.

§ The existing 5m access drive has functioned over the past several years without issue.

§ The width of the access handle aligns with that previously approved by Council.

AO28.6: A passing bay is provided for access strips greater than 30m in length.

A28.6: Alternative solution A passing bay is not considered necessary, given the access strip services one rear lot only with one existing dwelling provided to the rear lot, resulting in minimal traffic demand. The proposed development complies with PO28. It is noted the existing arrangement has been maintained over previous years without any issue arising.

PO29: Realignment of boundaries in the Rural Zone only occurs where this contributes to:

a) a reduction in the number of lots or level of fragmentation in the zone; or

b) potential for improved land management practices; or c) improved protection and management of significant

ecological values.

R29: Not applicable The proposed development is not located in the Rural Zone.

Movement network design

PO30: The movement network has a legible structure, with roads and streets that conform to their function in the network, having regard to:

a) traffic volumes, vehicle speeds and driver behaviour; b) on street parking; c) sight distance; d) provision for public transport routes and stops; e) provision for pedestrian and cyclist movement, prioritising

these where appropriate; f) provision for waste collection and emergency vehicles; g) lot access; h) convenience; i) public safety; j) amenity;

R30: Not applicable The proposed development does not involve a new road.


MILFORD PLANNING 8


k) the incorporation of public utilities and drainage; and l) landscaping and street furniture.

PO31: The road and street network provides for convenient and safe movement between local streets and higher order roads.


PO32: A cul—de—sac is not included in the road and street design unless no other practical options exist.


PO33: Local streets do not operate as through traffic routes for externally generated traffic (other than for pedestrians, cyclists and public transport).


PO34: Safe, convenient and efficient intersections are provided for vehicles, pedestrians, cyclists and public transport.


PO35: Access arrangements for lots do not affect the function, vehicle speeds, safety, efficiency and capacity of streets and roads

R35: Complies The proposed development provides safe and efficient access from Samhordern Road and is not anticipated to create an impact on the local road network, as the proposed development will not result in an increase in residential density given the existing residential uses will be maintained.

PO36: Rear lanes are designed to:

a) provide enough width to enable safe vehicle movement, including service vehicles;

b) connect to other streets at both ends;

c) enable safe access into and out of garages without using doors that open into the lane;

d) not create a more direct through-route alternative for vehicles, cyclists or pedestrians than the adjoining street network;

e) ensure rear yards of properties can be fenced for security;

f) ensure any rear boundary treatment or tree planting does not create concealed recesses, obstructed access or allow uninvited access

AO36: Rear lanes are designed and provided in accordance with the Development Manual Planning Scheme Policy No. SC6.4 -SC6.4.3.16 Rear Lane Design.

R36: Not applicable The proposed development does not involve a new rear lane.


MILFORD PLANNING 9


opportunities into rear yards; and

not provide for visitor parking within the lane. PO37: Reconfigurations, where involving a frontage to an existing or historical rear lane are designed to not diminish the character of the rear lane.

AO37.1: Lots have primary frontage to a street or road, other than rear lane.

R37: Not applicable The proposed development does not have frontage to a historical rear lane. AO37.2:

Development is undertaken in accordance with the Development Manual Planning Scheme Policy - SC6.4.3.16 Rear lane design.

Road Design

PO38: The geometric design features of each type of road:

a) convey its primary function for all relevant design vehicle types;

b) have an adequate horizontal and vertical alignment that is not conducive to excessive speeds;

c) encourage traffic speeds and volumes to levels commensurate with road hierarchy function;

d) ensure unhindered access by emergency and waste collection vehicles and buses;

e) ensures safe access to lots;

f) ensure design has regard and includes treatment to address the function, the necessary legibility and place making to support adjoining land uses; and

g) accommodate appropriate bicycle, pedestrian and shared paths.

AO38: Roads are designed in accordance with the standards identified in Development Manual Planning Scheme Policy No. SC6.4 —SC6.4.4.1 Geometric Road Design,SC6.4.3.13 Townsville Road Hierarchy, SC6.4.3.14 Traffic Impact Assessment Guidelines, SC6.4.3.22 Waste Management Guidelines, SC6.4.4.7 Bicycle, Pedestrian and Shared Path Design and SC6.4.4.8 Standard Drawings.


Pedestrian and cyclist facilities

PO39: A network of bicycle, pedestrian and shared paths is provided which encourage pedestrian activites and cycling for transportation and recreational purposes and that links open space networks, employment areas and community facilities, including

R39: Not applicable The proposed development does not involve any additions to the public transport network.


MILFORD PLANNING 10


public transport stops, activity centres and schools, and is designed having regard to:

a) topography; b) cyclist and pedestrian safety; c) cost effectiveness and maintenance costs; d) likely user volumes and types; e) convenience, including end of trip facilities; and f) accessibility, including public lighting, signage and

pavement making. PO40: The alignment of pedestrian paths and cycleways is designed so that they:

a) allow for the retention of trees and other significant features;

b) maximise the visual interest provided by views and landmarks where they exist;

c) do not compromise the operation of or access to other infrastructure services; and

d) minimise potential conflict points with vehicles.


PO41: Where possible, the bicycle, pedestrian and shared path design facilitates uninterrupted movement of users and safe street crossings are provided for pedestrians and cyclists across major roads.


Public Transport

PO42: The movement network caters for the extension of existing or future public transport routes to provide services that are convenient and accessible to the community.

AO42: Except in the Rural zone and the Rural residential zone, at least 90% of proposed lots are within 400m walking distance from an existing or potential bus route or 500m walking distance of an identified bus stop.


PO43: Residential densities are optimised within walking distance of existing and potential public transport stations, where this is consistent with the intended character of the Zone or Precinct in which the land is located.


PO44: Public transport stops are located and designed to:

a) ensure adequate sight distances are available to and for passing traffic;

b) be part of the pedestrian network and allow for safe pedestrian crossing;

c) provide shelter or shade, seats, adequate lighting and timetable information;

d) be in keeping with the character of the locality; e) be able to be overlooked from nearby buildings where in

urban areas; and minimise adverse impacts on the amenity of nearby dwellings.


Additional requirements for volumetric subdivision

PO45: The reconfiguration of the space above or below the surface of the land facilitates appropriate development in accordance with the intent of the Zone or Precinct in which the land is located or is consistent with a lawful approval that has not lapsed.

R45: Not applicable The proposed development does not involve a volumetric subdivision.


TOWNSVILLE QLD 4810

Documents

Transcript of TOWNSVILLE QLD 4810