2009-09-02 Planning & Development Committee Meeting Minutes · 9/2/2009 · COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Old Bank Building Cnr Nash & Channon

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Old Bank Building

Cnr Nash & Channon Streets, Gympie Qld 4570

On Wednesday 2 September 2009 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 9 September 2009

Planning & Development Committee Meeting – 2 September 2009 - 1 -


PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. Nil. CONTENTS LEAVE OF ABSENCE......................................................................................................................................... 3 APOLOGIES ......................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................ 3 CONFIRMATION OF PREVIOUS MINUTES................................................................................................. 3 SECTION 1: STRATEGIC PLANNING MATTERS ....................................................................................... 4

1/1 AMENDMENTS TO THE PROTECTED AREA ESTATE ................................................................................ 4 1/2 TOZER PARK SITE PROJECT PLAN ......................................................................................................... 5 1/3 APPLICATION FOR RENEWAL OF TERM LEASE 214322 LOT 70 ON LX344, PARISH OF KILKIVAN......... 6 1/4 APPLICATION FOR PROPOSED PERMIT TO OCCUPY OVER AN AREA OF ROAD ABUTTING THE SOUTHERN BOUNDARY OF LOT 1 ON RP838045 ............................................................................................... 11

SECTION 7: “IN COMMITTEE” ITEMS...................................................................................................... 17

7/1 PLANNING SCHEME STUDY – STORM TIDE ASSESSMENT .................................................................... 17 7/2 PROPOSED PURCHASE OF RESERVATION IN TITLE............................................................................... 17 7/3 APPLICATION FOR PROPOSED AMENDMENT OF TERM LEASE.............................................................. 17 7/4 APPLICATION FOR PROPOSED RENEWAL OF TERM LEASE ................................................................... 18

SECTION 8: “GENERAL BUSINESS............................................................................................................. 18

8/1 GREAT SANDY BIOSPHERE.................................................................................................................. 18 SECTION 2: PLANNING APPLICATIONS ................................................................................................... 19

2/1 DA09724 – MATERIAL CHANGE OF USE OF PREMISES – PRELIMINARY APPROVAL FOR AN INTEGRATED RESORT/COMMERCIAL VILLAGE WITHIN A BROADER RESIDENTIAL COMMUNITY OFFERING A RANGE OF HOUSING STYLES AND DENSITIES SUPPORTED BY RETAIL BUSINESS SERVICES AND COMMUNITY INFRASTRUCTURE SET WITHIN VEGETATED COMMUNITY OPEN SPACE AREAS – INSKIP AVENUE, RAINBOW BEACH – RAINBOW SHORES PTY LTD...................................................... 19 2/2 2009-0218 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (SECOND DWELLING) – 14 WATT STREET, GYMPIE – A. RICHARDS......................................................................................... 26



SECTION 3: RECONFIGURING A LOT APPLICATIONS......................................................................... 39 3/1 2008-1694 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – GYMPIE CONNECTION ROAD, VICTORY HEIGHTS – B. PEARCE........................................................... 39 3/2 SD522 – REQUEST TO CHANGE AN EXISTING APPROVAL FOR RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – GERBER ROAD, WIDGEE – F. MORRIS ........... 49

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................ 55

4/1 PLANNING APPLICATIONS PENDING .................................................................................................... 55 4/2 DEVELOPMENT APPLICATIONS APPROVED.......................................................................................... 74

SECTION 5: GENERAL MATTERS ............................................................................................................... 77

5/1 PROPOSED AMENDMENT TO SCHEDULE OF FEES AND CHARGES 2009-2010....................................... 77 5/2 INSTALLATION OF SOLAR WATER HEATERS IN QUEENSLAND BY MID 2012....................................... 78 5/3 POLICY ON BONDING DEVELOPMENT WORK ...................................................................................... 80 5/4 WIDE BAY BURNETT NRM PLAN ....................................................................................................... 81

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION..................................................................... 82 SECTION 7: “IN COMMITTEE” ITEMS...................................................................................................... 84

7/5 PLANNING AND ENVIRONMENT COURT APPEAL NO 1 OF 2008 ........................................................... 84



The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske,

R.A. Gâté, D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. Also in attendance were Mr M. Hartley (Director of Planning & Development),

Mrs K.A. Rolfe (Manager Strategic Planning), Ms T.M. Stenholm (Manager Development and Compliance), Mrs L. Wilbraham (Economic Development Officer) and Ms K. Sullivan (Minutes Secretary).

Ms T.M. Stenholm was not present when the meeting commenced.

LEAVE OF ABSENCE Nil APOLOGIES Nil

DECLARATION OF INTERESTS BY COUNCILLORS

P17/09/09 – Cr G.L. Engeman and Cr A.J. Perrett - Conflict of Interest P18/09/09 – Cr G.L. Engeman – Material Personal Interest

CONFIRMATION OF PREVIOUS MINUTES

P01/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett

That the Minutes of the Planning & Development Committee Meeting held on 18 August 2009 be taken as read and confirmed.

Carried.



SECTION 1: STRATEGIC PLANNING MATTERS 1/1 Amendments to the Protected Area Estate

Re: Minute: P02/09/09 Amendments to the Protected Area Estate From: Director, Tenure Actions Branch, Environmental Protection Agency File: 6/5/15/0001 Date: 4 August 2009 Letter from the Environmental Protection Agency received 6 August 2009 “On 30 July 2009, the Governor in Council approved amendments to the protected area estate. Details of action/s relating to land in your local government area are set out on the attached list. Please find attached for your information the following documents:-

(a) plan AP19205 for Imbil Forest Reserve 1; (b) plan NPW746 for Conondale National Park; and (c) a copy of Forestry and Nature Conservation Legislation Amendment

Regulation (No. 3) 2009, being Subordinate Legislation 2009 No. 158 notified in the Queensland Government Gazette dated 31 July 2009.”

Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 AMENDMENT OF FOREST RESERVES Imbil Forest Reserve 2 (Lot 256 on AP6266 situated in the County of Lennox, containing an area of about 186ha) has been revoked as a Forest Reserve and has been added to the Conondale National Park. Imbil Forest Reserve 1 (previously Lot 135 on AP6265 situated in the County of Lennox, containing an area of about 2,752ha) has been reduced in size to about 10ha. The remaining 2,742ha has been added to the Conondale National Park. The 10ha area consists of tracks through the National Park to allow horseriding to continue. 2.0 CONONDALE NATIONAL PARK ENLARGED Conondale National Park (previously Lot 102 on plan NPW513SHT1 situated in the counties of Canning and Lennox, containing an area of about 6,980ha) is now described as Lots 102, 207, 256 and 467 and the parts of lots 135, 274, 788 and 792 on plan NPW746 situated in the counties of Canning and Lennox and contains an area of about 35,648ha.



3.0 CONCLUSION These amendments are a result of the SEQFA process conducted by the Environmental Protection Agency and subsequent lobbying by the horse riding community to enable some continuation of activities previously permitted in State Forests.

P02/09/09 Moved: Cr J.A. Walker Seconded: Cr J. Watt Recommend that Council notes the information.

Carried. 1/2 Tozer Park Site Project Plan

Re: Minute: P03/09/09 Tozer Park Site Project Plan From: Manager Strategic Planning File: 6/6/10/0008 Date: 24th August 2009 Report: (Manager Strategic Planning – K.A. Rolfe) 1.0 PREVIOUS COUNCIL RESOLUTION Council resolved vide Minute P10/08/09: “……Further that a draft project plan for the Tozer Park site be

circulated to all councillors and relevant staff for further discussion at a meeting to be arranged as soon as possible.

The Sport Recreation and Parks Coordinating Committee discussed the draft Tozer Park Site Project Plan at its August meeting prior to its wider release to Councillors and Managers. A copy of this Project Plan has been included as Attachment 1. 2.0 COMMENTS RECEIVED Suggestions to date include: ▪ Director of Financial Services to be included on Project Team –

budgetary and financial advice. This is an excellent idea as funding the projects will be a major issue. The Director may not need to take a particularly active role in meetings etc but will be available to provide direction.



▪ General Manager Design Services Division to be included on Project Team – all design work.

As the Design Services Manager already reports to the General Manager Design Services Division and has been involved to date in the design process Council may consider that he remains the appropriate team member. Other comments from the Director of Engineering Services were incorporated into the document. However, investigations into the history of the mine shaft capping site office are ongoing. It was also suggested that all future enquiries about use of the project site should be directed to me however property enquiry is fundamentally a Corporate Services function. In accordance with the communication process all such enquiries will be reported to the Project Coordinator. 3.0 ENDORSEMENT It is requested that Council endorse the draft Project Plan with any necessary amendments so that all project team members have certainty as to their roles and responsibilities. The Project Team will then need to do further work to agree on tasks, timelines, actions, milestones etc. so that the Plan can be finalised for Council consideration. Team members may need to continue to progress actions in the meantime, and will report through the Project Coordinator.

P03/09/09 Moved: Cr J.A. Walker Seconded: Cr R.A. Gâté Recommend that Council endorse the draft Tozer Park Site Project Plan (with amendments) and that it be further developed by the Project Team for Council consideration.

Carried. 1/3 Application for Renewal of Term Lease 214322 Lot 70 on LX344, Parish of

Kilkivan Re: Minute: P04/09/09 Renewal of Term Lease 214322, Lot 70

on LX344 From: Department of Environment and Resource Management File: 4/4/05/0007 Date: 24 August 2009 “The term of the above Lease expires on 30 June 2010 and the Department is considering further dealing with this land.



The current lessee has advised they are intending to use the land for the same purpose and will be applying to renew the lease. Please advise if you have any objections to the renewal of the lease, and any views or requirements that may affect the future use of the land. The following information may help you in providing your views and/or requirements – The application for renewal will be assessed in terms of Section 159 of the Land Act 1994, after considering the views of all interested parties and an inspection of the land. The enclosed Smartmap shows the subject land and the surrounding locality. It is expected any further lease would be issued under similar terms and conditions to the current lease. The following additional information is required from Council – • Date to which rates have been paid • Present or proposed zoning of the land If you offer an objection to the renewal of this lease, a full explanation stating the reason for such an objection should be forwarded to this Office. If no reply is received by 5pm on 21 September 2009 it will be assumed you have no interests in this dealing. If you wish to discuss this matter please contact Kimberley Warne on 5480 5343. All future correspondence relative to this matter is to be referred to the contact Officer at the address below or by email to [email protected]. Any hard copy correspondence received will be electronically scanned and filed. For this reason, it is recommended that any attached plans, sketches or maps be no larger than A3-sized. Please quote reference number 2009/006214 in any future correspondence.” Report: (Strategic Planning Officer – R.N. Halse) 1.0 Introduction The above letter was received on the 12 August 2009 relating to the renewal of Term Lease 214322 over Lot 70 on LX344, Bridge Street, Kilkivan. The Department requires information pertaining to the date to which rates have been paid, the present or proposed zoning of the land and Council’s views or requirements that may affect the future use of the land.

mailto:[email protected]�



Council is requested to respond to this application by the 21 September 2009. 2.0 Site Description The subject site has an area of approximately 11.87ha and is sparsely vegetated with environmentally insignificant plant species. Located on the site are overhead electrical transmission lines. The transmission lines run from east to west directly down the centre of the block. In legal terms the site is described as Lot 70 on LX344, Parish of Kilkivan, County of Lennox and was gazetted on the 29 August 1908 as a Reserve for Police. In accordance with the 2007 Kilkivan Shire Planning Scheme the subject site is zoned as ‘Rural Residential’. The following development overlays are also located over the site:

Class C1 Good Quality Agricultural Land; Bushfire Prone Area – Risk 1; Within a 500 metre buffer to a major utility; Within a 100 metre buffer to a riparian zone.

SUBJECT SITE





3.0 Lease Details The Trustees for the site are The State of Queensland (Represented by Department of Police). The purpose for which the land is leased is Grazing - Reserve, Road or Stock Route. The term of lease is 10 years commencing on the 1 July 2000 and expiring on 30 June 2010. The registered lessee is identified as James Arthur Thorburn whom has paid rates on the subject site to the 30 June 2009. Condition one (1) of the lease agreement states that, the lessee shall use the leased land for grazing purposes only. 4.0 Assessment The Planning & Development Directorate offers no objections to the renewal of the proposed Term Lease, nor does the directorate have any requirements in relation to the future use of the land. Corporate Services have no objection to the continuation of the lease arrangement between Department of Environment and Resource Management and the current lessee.



5.0 Conclusion It is recommended that Council offer no objection to the application to renew Term Lease 214322 as the gazetted use of the land is consistent with the planning provisions set out in the 2007 Kilkivan Shire Planning Scheme. In addition, Council should advise the Department that: (a) the rates have been paid up to the 30 June 2009, (b) the land is zoned as Rural Residential and (c) that Council has no requirements in relation to the renewal of the Term

Lease.

P04/09/09 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske Recommend that Council write to the Department of Environment and Resource Management to advise that Council has no objection to the renewal of Term Lease 214322 and that Council has no planning requirements in relation to renewal of the Lease. Further, that Council advise the Department that the rates on the site have been paid up to the 30 June 2009 and that in accordance with the Kilkivan Planning Scheme the land is zoned as ‘Rural Residential’.

Carried.

1/4 Application for Proposed Permit to Occupy Over an Area of Road Abutting the Southern Boundary of Lot 1 on RP838045 Re: Minute: P05/09/09 Proposed Permit to Occupy Lot 1 on RP838045 From: Department of Environment and Resource Management File: 4/4/05/0007 Date: 24 August 2009 “Reference is made to the Department’s letter dated 2 June 2009, in respect to the above application.

Please advise DERM of your views or requirements concerning this application. Your urgent response is required by close of business on 7 September 2009. If you wish to provide a response but are unable to do so before the due date, please contact this office before the due date to arrange a more suitable timeframe. If you wish to discuss this matter please contact this office on (07) 54 805 343.



All future correspondence relative to this matter is to be referred to the contact Officer at the address below or by email to [email protected]. Any hard copy correspondence received will be electronically scanned and filed. For this reason, it is recommended that any attached plans, sketches or maps be no larger than A3-sized. Please quote reference number 2009/004576 in any future correspondence.” Report: (Strategic Planning Officer – R.N. Halse) 1.0 Introduction The above correspondence relates to an application for a proposed Permit to Occupy over an area of road abutting the southern boundary of Lot 1 on RP838045, near Mooloo and Smith Roads.

The Department is seeking information pertaining to Council’s views or requirements that may affect the future use of the land and any local non-indigenous cultural heritage issues that the Department must consider when assessing the application.

A response to this application is required by the 7 September 2009.

2.0 Site Description The subject site being road reserve covers an area of approximately 1.2ha. The site has common boundaries with Lot 1 on RP838045, Lot 40 on LX717 and Lot 41 on LX717. The subject site contains no environmentally significant vegetation types. In accordance with the 2005 Cooloola Shire Planning Scheme the site is located within the ‘Rural Planning Area’ and is zoned as ‘Rural’. The following development overlays are located over the site:

GQAL Class ‘A’



Fig 01: Photograph of Subject Site

SUBJECT SITE



Fig 02: Photograph of Subject Site

3.0 Assessment The Planning & Development Directorate has no objections to the applicant’s proposal for the Permit to Occupy over road reserve abutting the southern boundary of Lot 1 on RP838045 as the proposed activity of grazing is considered to be consistent with the provisions of the 2005 Cooloola Planning Scheme. There are no planning requirements that would affect the proposed Permit to Occupy. Council’s Corporate Services Directorate offers no objection to the proposed Permit to Occupy. The Design Services Division has no objection to the Permit to Occupy as shown on Drawing DWG09/161 on the condition that:

No objections are received from adjoining land owners, the Department of Environment and Resource Management or any service providers;

No costs to Council.



4.0 Conclusion It is recommended that Council offer no objection in relation to the Permit to Occupy on road reserve adjoining the southern boundary of Lot 1 on RP838045 and further advise the Department there are no local non-indigenous cultural heritage issues affecting the site and that there are no planning requirements that may affect the proposed Permit to Occupy.

P05/09/09 Moved: Cr G.L. Engeman Seconded: Cr J.A. Walker Recommend that Council write to the Department of Environment and Resource Management advising that Council has no objection to the application for a Permit to Occupy over road reserve abutting the southern boundary of Lot 1 on RP838045. Further Council advise the Department that there are no planning requirements including non-indigenous cultural heritage issues that would affect the proposed Permit to Occupy. Further, that Council note that the Acting Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried.



COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee”

to discuss 1. Planning Scheme Study 2. Proposed Purchase of Reservation Title 3. Application for Proposed Amendment of Term Lease 4. Application for Proposed Renewal of Term Lease P06/09/09 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:-

1. Planning Scheme Study 2. Proposed Purchase of Reservation Title 3. Application for Proposed Amendment of Term Lease 4. Application for Proposed Renewal of Term Lease Further, that in relation to the provisions of Section 250 of the Act,

Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

COUNCIL OUT OF COMMITTEE P07/09/09 Moved: Cr G.L. Engeman Seconded: Cr J.A. Walker That proceedings be resumed in Open Council. Carried.



SECTION 7: “IN COMMITTEE” ITEMS 7/1 Planning Scheme Study – Storm Tide Assessment P08/09/09 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that Council refers the Storm Surge Study recommendations to the Manager Strategic Planning for consideration in the Planning Scheme review. Further that Council seek advice from its Solicitors in relation to this issue.

Carried. 7/2 Proposed Purchase of Reservation in Title P09/09/09 Moved: Cr L.J. Friske Seconded: Cr R.J. Dyne

Recommend that Council write to the Department of Environment and Resource Management advising that Council has no objection to the proposed purchase of Reservation in Title on Lot 1068 on M37423, and advise there are no planning requirements in relation to the purchase.

Further, Council note that the Acting Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried. 7/3 Application for Proposed Amendment of Term Lease P10/09/09 Moved: Cr G.L. Engeman Seconded: Cr J. Watt

Recommend that Council write to the Department of Environment and Resource Management to advise Council offers no objection to the amendment of Term Lease 231253 to include an additional 11.7ha of leased area to the Lease Arrangement. Further, that Council advise the Department there are no planning requirements that would affect the amendment of Term Lease 231253.



Further, that Council note that the Acting Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried. 7/4 Application for Proposed Renewal of Term Lease P11/09/09 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson

Recommend that Council advise the Department of Environment and Resource Management it has no objection to the proposed renewal of Term Lease 214541 over Lot 1 on SP132178. Further, that should the applicant intend to erect a shed on the site they must obtain a development permit for a Material Change of Use for the purposes of “Community Services”.

Further, that Council note that the Acting Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried.

SECTION 8: “GENERAL BUSINESS 8/1 Great Sandy Biosphere P12/09/09 Moved: Cr J. Watt Seconded: Cr A.J. Perrett

Recommend that Council invite the Chief Executive Officer of the Burnett Mary Regional Group to a future planning committee to discuss the Great Sandy Biosphere.

Carried.

Mrs K.A. Rolfe left the meeting at 9.25 a.m. Ms T.M. Stenholm entered at 9.25 a.m.



SECTION 2: PLANNING APPLICATIONS 2/1 DA09724 – Material Change of Use of Premises – Preliminary Approval for an

integrated resort/commercial village within a broader residential community offering a range of housing styles and densities supported by retail business services and community infrastructure set within vegetated community open space areas – Inskip Avenue, Rainbow Beach – Rainbow Shores Pty Ltd FILE NO: Minute: P13/09/09 DA09724 APPLICANT: Rainbow Shores Pty Ltd RPD: Lot 22 on MCH803497 SITE ADDRESS: Inskip Avenue, Rainbow Beach CURRENT USE OF LAND: Vacant PROPOSAL: Preliminary Approval for a Material

Change of Use for an integrated resort/commercial village within a broader residential community offering a range of housing styles and densities supported by retail business services and community infrastructure set within vegetated community open space areas

EXISTING ZONE: Rural (1997 Scheme) LEVEL OF ASSESSMENT: Impact (1997 Scheme) APPLICATION ADVERTISED: 1 November 2006 ADVERTISING CLOSED: 15 December 2006 SUBMISSIONS RECEIVED: Eight hundred & ninety (890)



Report: (Director of Planning & Development – M. Hartley) 1.0 INTRODUCTION This application seeks Council’s approval for the development of approximately 200 hectares of land to the north of Rainbow Shores Stage 1 for the purpose of an integrated, mixed use development comprising:

• Low and medium density residential; • Holiday and tourist accommodation; and • Community, commercial and leisure facilities.

A maximum site population density of 6,500 people is proposed. The indicative site layout is reproduced below:



2.0 SITE HISTORY The following briefly explains the history of this land. • A Development Lease was issued by the Queensland Government in 1984

over roughly 250 hectares of land at Inskip Peninsula, in compensation for the extinguishment of sand mining leases on Fraser Island. The purpose of the lease, which expires in 2014, is for ‘business, residential, tourist and recreational’ land uses.



• Stage 1 of Rainbow Shores (some 50 hectares in area and located to the south of the current Stage 2 proposal) continues to be developed in accordance with an historic approval issued by the former Widgee Shire Council. Maximum development density for Stage 1 is in the order of 4000 people.

• The Development application for Rainbow Shores Stage 2 was lodged with the former Cooloola Shire Council on 11 August 2004. The provisions of the 1997 planning scheme apply as the application predates the current 2005 planning scheme.

• The application was the subject of referral coordination under the Integrated Planning Act 1997, and the following State Agencies (as they were then known) participated in the process:

o Environmental Protection Agency (concurrence agency); o Department of Main Roads (concurrence agency); o Department of Natural Resources and Mines (advice agency); o Department of Primary Industries (third party advice); o Department of Emergency Services (third party advice); o Queensland Transport (third party advice); and o Department of Education and Arts (third party advice).

• A coordinated request for further information was made in October of 2004. Following an extension to the normal 12 months response period, the applicants provided a comprehensive response to the information request in October of 2006.

• The application was publicly notified between 1 November and 15 December 2006. Some 890 submissions were received during this period, the majority of which were opposed to the proposal. All submitters will need to be notified of Council’s decision on the application.

• The EPA’s statutory assessment period has been extended countless times, with the applicant’s agreement, following the applicant’s response to the information request in October 2006.

• In January of 2008, the then Minister for Infrastructure and Planning announced the commencement of work on a new Inskip Peninsula Master Plan. One of the clear tasks identified in the Terms of Reference for the master plan included a review of the current development application with a view to considering the implications of achieving a “like for like” land swap of the current development lease area for a new lease area in the master plan area.

• The master planning exercise was and remains an entirely State-driven process. Certain Council officers participated in working group meetings by invitation only to offer specialist professional input into the process based on local knowledge.

• On the 16 August, 2009, the Premier announced that Cabinet had rejected the mooted land swap and would be directing Gympie Regional Council to refuse the development application.

• The Concurrence Agency response from the Department of Environment and Resource Management (DERM) directing Council to refuse the application was received on 17 August 2009.



3.0 PLANNING SCHEME ISSUES

The site is zoned Rural in the 1997 Planning Scheme. Clause 1.10.3.3 of the 1997 Cooloola Strategic Plan reads:

“To retain the unique features of Inskip Peninsula and surrounding areas and ensure that any development is compatible with the environmental values and character of the area, and occurs in accordance with principles of ecological sustainable development. An Opportunity Area has been mapped on land designated as an Environmentally Significant Area at Inskip Peninsula. While detailed planning for this area shall be address through the Cooloola Coast Development Control and possibly a Local Area Plan, Council recognises both the site’s potential for development considering existing Development Leases and its environmental sensitivity. While the site presents substantial development opportunities, because of its favourable location, opportunities are constrained in a number of ways including, uncertainty as to future availability of water resources for reticulation, the requirements of the Great Sandy Region Management Plan, Erosion Prone Areas and the need to conserve natural values.

Any application for development over this site may be considered to be premature prior to the gazettal/adoption of the Development Control Plan/Local Area Plan, however, Council envisages that a low density, low key, low rise, style of ecotourism resort/residential development(s) with significant retention of private and public open spaces may be appropriate for the site, providing appropriate planning and environmental management strategies and practices are devised, and community and planning need can be demonstrated.

Implementation

.1 In considering development applications in this area Council will:

• have regard and take into account the recommendations of the

Great Sandy Management Plan, and any subsequent Development Control Plan and/or Local Area Plan;

• ensure that the provisions and requirements of Sections 1.10.3.1 and 1.10.3.2 are followed and implemented;

• liaise with other statutory authorities to ensure their interests are considered and protected as appropriate;

• require the applicant to demonstrate that proposed development areas will not experience unacceptable impacts from natural hazards including cyclones, storm surges, long term changes in water levels, groundwater discharge and other natural events of concern in coastal ecosystems;



• require urban design principles to be incorporated which seek to ensure the scale, bulk, design and character of the development reflects and is sympathetic to the existing amenity and where possible enhances the natural beauty of the area;

• require that development is designed to maintain a ‘sense of place’ through limiting the intensity of development to within the environmental carrying capacity of the area, attention to the retention of visual focal points and buffers, incorporates design themes which draw from the natural characteristics of the area, including strict controls on the bulk, scale and height of any structure and the retention of significant portions of the site in open space areas;

• require the submission of an Environmental Assessment Report or such other Environmental analysis and management planning as is considered appropriate which identifies existing environmental attributes, systems and current trends in natural processes, the potential impacts of the proposed development and any alternative options which could be considered, and measures proposed to minimise or ameliorate these impacts during the construction and ongoing use of the site;

• ensure public access to the beach and foreshore is provided at appropriate locations and provision for public facilities (eg. car parking, public toilets, emergency services, recreational facilities and Parks) are made;

• encourage the incorporation of best management practices in the service reticulation and waste management systems installed in conjunction with, or as a result of, the development.”

The site is also zoned Rural under the current 2005 Planning Scheme. Division 5.4 of the Cooloola Coast Planning Area Code, Clause 5.4.3 (2) (q) (iii) reads:

“(2) The overall outcomes sought for the Cooloola Coast Planning Area (excluding Rainbow Shores Precinct) Code are the following: (q) for the Rural Zone –

(iii) Lot 22 MCH803497 remains an undeveloped urban development lease area until conflicting issues about:

(A) the environmental significance of the site;

(B) water availability and supply for the Cooloola Coast;

(C) the site’s susceptibility to natural hazards;

(D) the potential for development of the site whilst maintaining its natural values;

(E) the need for further urban development at the Cooloola Coast to service projected population; and,

(F) other State interests;”



It is clear from the provisions of both the 1997 planning scheme and the 2005 planning scheme (which has some statutory weight because it commenced shortly after the application was lodged) that it is for the applicant to demonstrate the suitability of the proposal at this location having regard to need, infrastructure availability and capacity, natural hazards and the environmental capacity of the land. Fundamental planning and urban design principles are also required to be embraced by any proposal over this land. A development report addressing the relevant planning scheme provisions formed part of the application lodged in 2004, and numerous studies and reports were provided in response to the request for further information, including:

a) Strategic Planning Report b) Traffic Report c) Integrated Water Management Report d) Effluent Management Strategy e) Acid Sulfate Soils Report f) Stormwater Management Plan g) Flora Survey h) Fauna Survey i) Tourism Report j) Bushfire Management Strategy

4.0 THE LAW The concurrence agency response from DERM has been included in full as Attachment 2. It identifies that relevant laws and policies relied upon by DERM in requiring the application to be refused by Council, including the Coastal Protection and Management Act 1995 and subordinate legislation and policies. The law is very clear in circumstances where a concurrence agency requires refusal. Section 3.5.12 of the IPA states that if a concurrence agency requires the application to be refused, the assessment manager (ie Council) must refuse it. 5.0 CONCLUSION A massive amount of material has been prepared in relation to Rainbow Shores Stage 2. In addition to the material supporting the development application, detailed infrastructure, environmental and other studies have also been prepared for the State Government as part of the master planning exercise. Nevertheless, Cabinet’s decision to not proceed with a land swap, and DERM’s concurrence agency refusal of the application, suggest that the State Government considers such material to fall well short of demonstrating the application should be approved.



Council’s position on the merits or otherwise of the proposal are immaterial at this stage given that Council has no control over the decision. In the advent of an appeal to the Planning and Environment Court against Council’s decision, DERM would be required to defend its decision, and Council may be required to firm up its position on the proposal as the matter proceeds towards a Hearing.

P13/09/09 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that Council refuse the application as directed by the Department of Environment and Resource Management in its Concurrence Agency response dated 14 August 2009.

Carried. Cr A.J. Perrett left the meeting at 9.35 a.m. and returned to the meeting at

9.37 a.m. 2/2 2009-0218 – Material Change of Use – Multi-Residential (Second Dwelling) –

14 Watt Street, Gympie – A. Richards

FILE: Minute: P14/09/09 2009-0218 APPLICANT: A. Richards c/- Gympie Surveying

and Planning LANDOWNER: A. G. Richards & K. A. Quilliam RPD: Lot 1 MPH5491 SITE: 14 Watt Street, Gympie PROPOSAL: Material Change of Use – Multi-

Residential (Second Dwelling) EXISTING ZONE: Housing PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code SITE AREA: 1 012m2



KEY POINT SUMMARY • Material Change of Use application for Multi-Residential (Second

Dwelling); • Site zoned Housing, and an Identified Heritage Place in Council’s

Heritage and Character Overlay; • Complies with provisions relevant to the material change of use for

multi-residential development, with the exception of height and road setback;

• Condition recommended requiring building to be redesigned to maximum building height of 8.5 metres;

• Some conflict with the provisions relevant to carrying out building work may arise at the building application stage and the applicant should be alerted to such through conditions of approval;

• Heritage Advisory Committee not supportive of the proposed design and indicate conflict with the State IDAS Code;

• Application for material change of use recommended for approval.

Report: (Planning Officer – M.K. Matthews and Manager Development and Compliance – T.M. Stenholm)

1.0 INTRODUCTION 1.1 The Proposal This application seeks approval to construct a second dwelling on a property in Watt Street, Gympie.



The new dwelling proposes a gross floor area of 196m2 and is to be located to the rear of the existing residence, with its frontage to Bone Lane. The nominated setbacks are as follows: East (road frontage to Bone Lane) 3.0 metres North (side boundary) 3.5 metres South (side boundary) varying between 2.5 metres and ~6.5 metres



1.2 Site Description The development site is 1 012m2 and improved by a dwelling and an outbuilding. It is approximately 600 metres by road from the Excelsior Road/Bruce Highway intersection.



1.3 Surrounding Land Uses Surrounding land uses are entirely for housing purposes. 2.0 PLANNING SCHEME REQUIREMENTS The application was lodged under the Cooloola Shire Planning Scheme 2005, where the development is Code Assessable development in the Housing Zone. It is assessed against the following codes: (i) Gympie Planning Area Code; (ii) Multi-Residential Code; (iii) Erosion and Sediment Control Code; (iv) Infrastructure Works Code; (v) Landscaping Code; and (vi) the Vehicle Parking and Access Code. Approval of the application would ordinarily be delegated to the Director of Planning and Development, however the proposed development does not comply with a number of the proposed solutions within the applicable codes and two (2) objections were received from nearby residents. The subject site is also identified in the planning scheme’s Heritage and Character Overlay as a Heritage Place and the Watt Street frontage identified as being part of a Character Streetscape. As a result, assessment against Council’s Heritage and Character Code is necessitated, in addition to the State IDAS Heritage Code, given the existing dwelling’s inclusion on the Local Heritage Register. 2.1 Gympie Planning Area Code The application is considered supportive of the overall outcomes in the Code, which seek to ensure a range of housing forms is available and medium density housing is available in proximity to services and public transport. The proposal is not considered to conflict with any of the amenity provisions relating to adverse noise, air and light emissions or adverse changes to the existing traffic conditions. The maximum height prescribed by the code is two (2) storeys and 8.5 metres. The development, as indicated on the proposal plans, appears to exceed this by approximately 40 centimetres due to the pitching of the roof. Whilst the application does not specifically address this non-compliance, it is indicated that the intention is to build the dwelling ‘in a manner and style consistent with the existing dwelling’ and therefore it is likely seeking to match its roof style.



The sketch below was submitted to demonstrate the proposed building height in relation to the existing dwelling on-site.

The height of the new dwelling will exceed all other houses in the immediate vicinity, and this was an issue raised in two (2) submissions received against the development. The application also fails to adequately address the height of the building and does not provide any grounds to warrant Council’s approval greater than 8.5 metres. Whilst the extent of non-compliance with the height provisions is not excessive, it is recommended that the dwelling be redesigned to achieve a maximum height of 8.5 metres. The building does not achieve the minimum road boundary setback of six (6) metres to the Bone Lane frontage. Alone, this issue is not considered significant having consideration to the construction standard and functioning of Bone Lane, however, in conjunction with the proposed height and bulk of the building, it does cause concern for the impact on amenity of the new dwelling. Specific outcome 14 of the Gympie Planning Area (Housing Zone) Code seeks to ensure ‘buildings are designed to reflect or complement the character of adjoining and surrounding buildings by using: a. a similar built form and scale; and b. similar building materials, or materials with similar appearance; and c. similar detailing ornamentation and roof lines.’ No probable solution is prescribed for this outcome and in relation to the proposal the following is relevant: - the proposed second dwelling will be higher than the existing dwelling on-

site and higher than other dwellings in the immediate vicinity; - other adjoining dwellings are single storey, with underneath access; - other lots within the vicinity do not meet the minimum lot size required to

facilitate further subdivision and the placement of existing houses on these lots is likely to prevent further applications for second dwellings on them ie the existing and likely density of the immediate area for the foreseeable future is relatively low.



The adjoining dwelling to the south is of lowset brick construction however there are five (5) dwellings, including the dwelling on the development site, identified in Council’s planning scheme overlay as being a ‘Heritage Place’. Given this, there is an argument that the proposed dwelling does not complement the character of surrounding buildings by using a similar scale. The site is well above Council’s identified Q100 flood occurrence, therefore the proposed dwelling will comply with the required minimum floor levels. 2.2 Multi-Residential Code

Site coverage for the development is indicated to be 37%, including the existing dwelling. This is below the maximum nominated by Probable Solution 2 in the scheme of 40%, however it should be noted the placement of the second dwelling does not result in the yard area being divided evenly. This is even more pronounced by an existing fence, landscaping and garage that effectively separates the rear section of the backyard from the front.

Plot ratio is indicated as being 0.38 which is under the prescribed limit of 0.6. The nominated dwelling intensity complies with the maximum requirements of one (1) dwelling per 250m2 of site area. There is approximately one (1) dwelling per 506m2 in this proposal. Privacy issues presented by the new dwelling are considered appropriately addressed given: - the existence of growing shrubs and fencing along the northern boundary;

and - only a small verandah and living room window overlooks the northern

property. No issues are raised with the building articulation of this proposal as there are two (2) detached dwellings proposed with two (2) separate accesses from different road frontages.

Both dwellings provide the minimum required private open space of 35m2. Communal open space areas are not indicated within the proposal plan or the accompanying report, however is not considered essential given the nature of the multi-residential development proposed. With two (2) detached dwellings, each having separate accesses, it is unlikely that communal would be utilised or of benefit. Site facilities and amenity requirements are generally satisfied in this proposal. There is ample storage space supplied within each dwelling, and clothes drying facilities are provided within private open space areas. Refuse storage areas are not nominated on the proposal plans, however ample room exists to provide for these services.



2.3 Erosion and Sediment Control Code Appropriate conditions can be imposed at the building application stage to ensure compliance with provisions of the Code. 2.4 Infrastructure Works Code The site is serviced by all of the items listed in the provision of works table in the code. Headworks charges are applicable to this development.

2.5 Landscaping Code Landscaping is proposed along the frontage of the site and should also be required along side and rear boundaries. Amenity of future residents should be preserved through the normal fencing requirement and on-site landscaping. These requirements can be reasonably imposed in any conditions of approval.

2.6 Vehicle Parking and Access Code It is proposed to provide four (4) car parking spaces through a double garage to each dwelling. This will accommodate one (1) resident car parking space and one (1) visitor car parking space per dwelling. 2.7 Heritage and Character Code

The proposal complies with probable solution 1 of the Code, which prevents removal or demolition of an existing Identified Heritage Place. Other provisions are mostly not applicable as they relate to building work on an Identified Heritage Place or the street elevation of Character Streetscapes. Probable solution 3 relates to townscape and streetscape values for new buildings on premises. Given the positioning of the new dwelling with frontage onto the rear laneway (Bone Lane), it is difficult to impose strict compliance with the outlined provisions. It is noted, however, that many of the features sought are incorporated into the dwelling design including: • having a rectangular floor plan with sides parallel to property boundaries; • incorporation of accentuating design features including verandahs and

balconies; and • incorporation of pre-1946 primary roof form found in the street block.



It is not anticipated that the proposed new dwelling will have any significant adverse impact on the conservation of places of heritage or character significance. The structure is to be disconnected from the existing dwelling fronting Watt Street and it is not envisaged that the dwelling will be visually obtrusive to the existing streetscape of either Watt Street. 2.8 State IDAS Heritage Code The only specific outcome in the Code relevant to material changes of use is that: ‘The material change of use is compatible with the conservation and management of the cultural heritage significance of the local heritage place.’ The existing dwelling is to remain intact and the proposal therefore complies with this intent. The proposed dwelling will not be highly visible from Watt Street given the positioning of the existing dwelling and its established landscaping. Other provisions of the Code relate to the carrying out of building work, and would be assessed by Council, as a concurrence agency, at the building application stage. Whilst the applicant has not submitted any application for building work at this stage, preliminary review of the relevant provisions indicate potential conflict in relation to the development being unobtrusive and not readily seen from surrounding streets or other public places. Approval of this material change of use application, does not ensure amendments to the building design at the building application stage won’t be required. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposal is located in the Housing zone is an appropriate use of the land. 3.2 Impact on Amenity Surrounding land uses are predominantly for Housing purposes. This area of Gympie has been zoned Housing, and general compliance with relevant Planning Scheme provisions should ensure minimal adverse impacts on amenity. There were three (3) submissions, two (2) of which were made in opposition to the proposed use, whilst one (1) had no issue with the proposal. These have been addressed below.



3.3 Site Access and Traffic There is an existing access off Watt Street and a new access is proposed from a single point on Bone Lane. The proposed use will generate additional traffic and a contribution towards road upgrading is justified. Design Department comments refer. Extension of the sealed road within Bone Lane will be required to facilitate a driveway access to the new dwelling.

3.4 Car Parking The Planning Scheme nominates a car parking requirement for multi-residential development of 1.5 spaces per dwelling. This equates to three (3) car parking spaces for the development. Provision is made for four (4) car spaces, with two (2) spaces provided per dwelling.

3.5 Flooding The site is not subject to flooding. 3.6 Need for Increased Community Services and Facilities Council does not currently levy park and recreation contributions for multi-residential developments. 3.7 Site Contamination The site is not listed on the Environmental Management or Contaminated Land Register. 3.8 Utilities and Services The site is presently serviced by reticulated water and sewerage and headworks charges are applicable. A credit would apply for the existing dwelling house on site. 4.0 PUBLIC NOTIFICATION The application is code assessable and therefore not required to be publicly advertised in accordance with the IPA requirements. Regardless, letters were sent to nearby residents for their comment and as a result three (3) submissions were received. One (1) submission offered no objection to the proposal, whilst the other two (2) identified a number of concerns. These are summarised and commented on in the table following.



A map of the objectors is included below.

SUBMISSION 1

Issue Comment 1. The property is located within a

heritage area and will destroy the aesthetic character and visual ambience of the area.

Loss of heritage character in the area.

1. The application is considered compliant with Council’s Heritage and Character Code as outlined in the report. Some conflict may arise with scale and bulk of the building at the building application stage which could be alerted to the applicant in conditions of approval.

2. Height of the proposed dwelling will directly impact on views, privacy and amenity of nearby allotments.

2. The proposed building height exceeds that of all existing dwellings in the immediate area, however a condition is recommended on any approval issued requiring the building to be a maximum of 8.5 metres as allowed for by Council’s Planning Scheme.

3. Access will be difficult from the narrow road reserve area off Bone Lane, currently servicing other allotments in the area.

3. The access to the dwelling off Bone Lane is considered acceptable by engineering staff, given the low traffic, low speed environment.

Development



4. Privacy concerns due to two (2) storey dwelling.

4. The new dwelling will create overlooking of some existing adjoining backyards, however as outlined in the report the issue is considered appropriately addressed given the existence of growing shrubs and fencing along the northern boundary and only a small verandah and living room window overlooks the northern property.

SUBMISSION 2

Issue Comment 1. Height of the proposed dwelling

will directly impact on privacy and amenity.

1. As per comments for submission 1.

2. Access will be difficult from the narrow road reserve area off Bone Lane, currently servicing other allotments.

2. As per comments for submission 1.

5.0 INTERNAL CONSULTATION (a) Design Department ROAD RESERVE The proposed residence would access Bone Lane which is 5 metres wide via a 2.5 metre wide off shoot to Bone Lane. Bone Lane is constructed to 3.5 metre sealed standard. An informal access currently exists at the proposed access point. Whilst there are concerns with compliance with AS2890.1 and entry and exit in a forward direction, Bone Lane is a very low traffic, low speed environment lane (with emphasis on Lane). BUILDING SET BACK The proposed residence is set back 3 metres from the 2.5 metre road reserve (unconstructed). (b) Heritage Advisory Committee Given the site’s inclusion in the Heritage and Character Overlay, the application was referred to the Heritage Advisory Committee for comment. As a result the Committee provided an assessment of the application against the State IDAS Code and the Planning Scheme’s Heritage and Character Code and formed the view that the proposal does not comply with provisions relating to scale, location and design as they pertain to carrying out building work.



It is agreed the provision in the IDAS Code relating to material changes of use is satisfied. No recommendations have been provided indicating potential amendments to the application. 6.0 CONCLUSION The application seeks approval for a second dwelling on a property containing an Identified Heritage Place. It does not comply with provisions of the planning scheme relating to height and road setback. Also, there is potential conflict with the provisions of State IDAS Code relevant to carrying out building work. These mainly result from the combined height, setback and bulk of the building. Whilst Council may be able to request a reduction in either or all of these elements, through its concurrence agency role for a building application, this application for material change of use is considered able to be supported subject to an amendment of the plan restricting the maximum building height to 8.5 metres.

P14/09/09 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté Recommend that Council advise the applicant that Council does not support the proposal in its current form and Council will hold the application pending a submission of a redesign of the proposed building reducing its scale bulk mass and height.

Carried.



SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 2008-1694 – Reconfiguring a Lot – Subdivision to Create One (1) Additional

Lot – Gympie Connection Road, Victory Heights – B. Pearce FILE NO: Minute: P15/09/09 2008-1694 APPLICANT: B. Pearce LANDOWNER: B.A. Pearce & C. J. Shaw RPD: Lot 173 CP85056 SITE ADDRESS: Gympie Connection Road, Victory

Heights PROPOSAL: Reconfiguring a Lot – Subdivision to

Create One (1) Additional Lot EXISTING ZONE: Rural LEVEL OF ASSESSMENT Code SUBMISSIONS: None SITE AREA: 2.004 Hectares

Gympie Connection Road



KEY POINT SUMMARY

• Application to create one (1) additional small rural allotment within the

Rural zone. • Proposed Lot 1 is to have an area of 1.344 hectares and proposed Lot

2 is to have an area of 6 600m2. • Application lodged for assessment against the Cooloola Shire Council

Planning Scheme 2005. • Property is zoned Rural and is below the minimum lot size of 100

hectares for subdivision within this zone. • The site is not considered to form a logical extension of the existing

Rural Residential zoned areas within the locality and is not supported under the current Planning Scheme.

• Demonstrated need for additional Rural Residential land within the vicinity has not been established.

• Urban and Rural Residential Land Strategies are to be undertaken, as part of the Planning Scheme Review, to inform future policy direction and development pattern for this area.

• Additional fragmentation of existing Rural zoned land is likely to compromise the ability to achieve efficient and logical future urban expansion.

• Insufficient planning grounds exist in order to support the proposal. • Application recommended for refusal. Report: (Principal Planner – K.M. Toomey) 1.0 INTRODUCTION This application seeks Council’s approval for Reconfiguring a Lot to allow the creation of one (1) additional small rural allotment on the corner of Browns Road and Gympie Connection Road, Victory Heights. 1.1 The Site

The development site is located on the corner of Browns Road and Gympie Connection Road, Gympie. The site has a total area of 2.004 hectares and is a regular shaped allotment. The land has approximately 190 metres of frontage to Browns Road, which is currently constructed to a 5.5 metre sealed rural road standard. The site also has approximately 102 metres of frontage to Gympie Connection Road, which is a State-controlled road. The site is currently vacant and the majority of the site has been previously cleared to facilitate general rural uses and is classified as containing both Class A and Class B Good Quality Agricultural Land. The remaining vegetation on the site is not mapped as being of significance for conservation purposes.



The topography contains varying slopes up to 12% and a defined natural drainage line also traverses the site. The site is also included within Council’s designated Water Service Area. 1.2 The Proposal The proposal comprises reconfiguring the land to create one (1) additional small rural lot of 6 600m2, with a balance parcel of 1.344 hectares. The proposed layout is reproduced below.



1.3 Surrounding Land Use The surrounding land is characterised by small rural allotments immediately to the south and east, which are predominately utilised for general rural purposes. The eastern extent of the rural parcels is bound by the Railway Line. Land immediately to the north and further a field to the east is characterised by rural residential development, some allotments of which have the potential for further subdivision. Immediately to the west is characterised by urban development, fully serviced by reticulated water and sewerage infrastructure.

Zoning Map 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme 2.1.1 Scheme Definition Under the arrangements of the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development.



2.1.2 Planning Scheme Provisions The proposed development is assessable against the Codes outlined below. Gympie Planning Area Code An Overall Outcome of the Rural Planning Area Code requires that rural uses are to predominate within the Rural zone. Proposed Lots 1 and 2 will have an area of 1.344 hectares and 6 600m2 consecutively, which is not considered sufficient to support the undertaking of a range of rural or agricultural uses. It is however acknowledged that the current lot size of 2.004 hectares is already well below the minimum lot size and the overall rural viability of the site is limited. Further, given the proximity of the site to the existing extent of the Housing zone within the Victory Heights locality and inclusion of the site within Council’s identified Water Service Area, the remaining Rural allotments within this immediate area are likely to be required for future expansion of the urban area. The proposal is generally able to meet the remainder of the outcomes sought within the Gympie Planning Area Code. Reconfiguring a Lot Code Overall Outcome (i) of the Reconfiguring a Lot Code states that ‘if a new lot or a separate part of a lot is created, the lot or part of the lot is of sufficient size and suitable proportions having regard to: (i) its useability for its intended purpose in accordance with design standards;’ Design provisions for rural allotments include: - Minimum 100 hectare lot size; - Minimum frontage of 100m per allotment; - House sites on slopes no greater than 15%; and - Building envelopes of 2 000m2, above the Q100 flood level and able to

accommodate suitable on-site effluent disposal. The development is unable to meet the minimum lot size of 100 hectares for subdivision in the Rural Zone and the areas proposed for Lots 1 and 2, are considered to be of insufficient size with regard to useability for rural and agricultural purposes. It is acknowledged that the development site lot size, at 2.004 hectares, is already below the minimum required, however this alone is not considered to constitute grounds for allowing the creation of additional small rural allotments. The site is identified within Council’s Designated Water Service Area, however provision of reticulated water and sewerage has not been proposed as part of the development and is likely to be considered onerous to be imposed on a one (1) lot subdivision.



A geotechnical report was not provided in support of the application demonstrating that all allotments contain adequate on-site effluent disposal areas. This information would need to be sought should the unserviced proposal be determined, by Council to be an appropriate use of the site. The proposal is therefore not considered to meet the outcomes sought for the Reconfiguring a Lot Code for subdivision within a Rural zone. Infrastructure Works Code The proposal could be conditioned to generally meet the requirements of the Infrastructure Works Code for the Rural zone. Landscaping Code Street trees are not generally required as part of subdivisions in the Rural zone. Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site contains both Class A and Class B GQAL and sufficient grounds have not been provided in order to demonstrate an overriding community need for the creation of an additional small rural allotment within the Rural zone. 2.2 Local and/or State Planning Policies Current Council mapping suggests sections of the site contain both Class A and Class B Good Quality Agricultural Land (GQAL) and therefore assessment against State Planning Policy 1/92 Development and the Conservation of Agricultural Land is required. The development proposes the creation of one (1) small rural lot, with the remainder of the land to be retained in a balance lot. Sufficient grounds have not been provided in order to demonstrate that an overriding community need exists for further development of this nature within the Rural Zone. Overall community need may however be able to be demonstrated should the development be redesigned to propose an urban subdivision. Therefore the overall intent of State Planning Policy 1/92 Development and the Conservation of Agricultural Land is considered to be compromised by the proposal in its current form. No other State Planning Policies are considered applicable.



3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal Urban and Rural Residential Land Strategies, which are to be undertaken as part of the Planning Scheme Review, will inform with greater clarity, a future policy direction and development pattern within the Gympie region. Further, as the extent of additional Rural Residential land required within the locality is currently unknown and the site and surrounding allotments are likely to be required for urban expansion, additional approvals granted over existing Rural zoned land may compromise the ability to achieve efficient and logical urban expansion. The following item was included in a request for further information: ‘Preliminary assessment of the proposal has determined that Council Staff are unlikely to support the development in its current form given that it is inconsistent with the Planning Scheme, is identified within the designated Water Service Area and is likely to be required for future expansion of the Housing Zone. It is requested that you demonstrate the following to enable Council to carry out a full assessment of the proposal: 1. With regard to the above advice, demonstrate that there is an overriding

need for the development proposed, so as to account for the conflict with the Planning Scheme and likely future use of the area for urban purposes.’

A meeting was also held to discuss the proposal and staff concerns in greater detail. The following correspondence was submitted by the Applicant’s Consultant in response: ‘…The recent meeting with Council flagged the need to consider a means to control the future siting of houses on the two lots as currently proposed so as to avoid creating the need to make compromises in the future housing development of each of these two lots. The applicants’ preference for doing this is to define building footprints for each proposed lot that can become a condition on the current development permit if considered necessary by Council. Proposed Lot 1 will include Areas A1 and A2 and proposed Lot 2 include Area B and each building footprint delineates building setbacks that would be likely to apply to the site boundaries in any future housing development of each proposed lot based on the likely new road opening as shown by the dashed lines.’



The restricted building envelopes to be registered against the title of the lots, as suggested by the developer, are considered to be an undesirable outcome for rural lots in reserve for urban expansion on the urban fringe. Whilst it is acknowledged that some regard has been given to retaining the future urban subdivision potential of the site, Council does not currently have a local area plan in place in order to ensure the proposal will ultimately result in cohesive, integrated development occurring within the locality, including the provision of an effective road network, cost efficient services and associated infrastructure. Additionally, the further fragmentation of small rural lots and the possibility of the new lots being held in separate ownership, further reduces the likelihood of efficient and logical sequencing of future urban development. The creation of an additional small allotment within the Rural zone, which is unable to be utilised for agricultural purposes and may compromise the logical future expansion of the Housing Zone, is not supported by the current Planning Scheme and the proposal is therefore considered to be an inappropriate use of the site. 3.2 Impact on Amenity No amenity concerns are raised by the proposal. 3.3 Site Access and Traffic Browns Road is constructed to a 5.5 metre sealed bitumen standard, which is of an appropriate standard for a rural road. Refer to Design Services Division report for further details. 3.4 Flooding Refer to Design Services Division report for further details. 3.5 Vegetation No significant vegetation is mapped as occurring on the site. 3.6 Site Contamination This site is not listed on the Environmental Management Register.



4.0 CONSULTATION

4.1 Internal

a) Design Department Report: (Acting General Manager Design Services – N. Weller) This report addresses information submitted by the applicant. The Planning Department appear to have this area in mind for future housing. TRAFFIC Potential additional traffic will be generated on Browns Road and Barton Road. It is considered reasonable to request a roadworks contribution equivalent to one lot in accordance with PSP12. FRONTAGE ROADS / ACCESS The lot fronts Gympie Connection Road and Browns Road. No access will be allowed to Gympie Connection Road. Browns road is a 5.5 metre sealed road for the frontage of this lot. This is considered adequate for a rural road with the current and proposed traffic. FLOODING / STORMWATER DRAINAGE The applicant has not addressed the local Q100. Site inspection indicates that this is critical for determining both this proposed subdivision as well as the future housing layout. It appears that very little land will be available for housing on proposed Lot 2. The Q100 level will need to be established prior to accepting any proposed subdivision. WATER The lot is in the declared water area with a 100mm diameter main servicing the lot opposite on Browns Road. Because it is a rural subdivision, connection to water is not necessary. SEWERAGE The lot is contiguous to the declared sewer area. Connection is not necessary for a rural subdivision. No effluent disposal report was submitted. My assessment of site is that advanced secondary effluent treatment is required for both current environmental constraints and future subdivision.



4.2 External a) Public Notification Given that the application is ‘Code Assessable’, public notification was not required to be undertaken. No other submissions were received regarding the development. b) Department of Main Roads The application required referral to the Department of Main Roads as a Concurrence Agency, given that the proposed development is situated within 100 metres of Gympie Connection Road, which is a State-controlled road. The Department has provided conditions relating to likely impacts of the development on the State-controlled road network, including prohibiting access from Gympie Connection Road. 5.0 CONCLUSION The proposed development sets out to create one (1) additional small rural allotment within the Rural zone, in the locality of Victory Heights. The proposed development is not considered to constitute a logical extension of the existing Rural Residential areas identified under the current Planning Scheme and may compromise the future expansion of the urban area. The restricted building envelopes to be registered against the title of the lots, as suggested by the developer, are considered to be an undesirable outcome for the reasons outlined. Additionally, the further fragmentation of small rural lots and the possibility of the new lots being held in separate ownership, further reduces the likelihood of efficient and logical sequencing of urban development occurring in the future. Given that Urban and Rural Residential Land Strategies are to be undertaken as part of the Planning Scheme Review, the creation of an additional allotment within the remaining Rural zoned land at this stage, is likely to compromise the ability to achieve efficient and logical development under a future Planning Scheme. Further, no significant community benefit is likely to be achieved as a result of the development and adequate planning grounds do not exist in order to support the proposal of an additional small, unviable rural lot. Therefore with due consideration for the abovementioned information and non-compliance with the provisions of the current Planning Scheme, the application is recommended for refusal.



P15/09/09 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté Recommend that the Director of Planning and Development be requested to provide appropriate conditions of approval to a future Planning and Development Committee meeting.

Carried. ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 10.01 a.m. RESUMPTION OF MEETING The meeting resumed at 10.15 a.m. Cr J.A. Walker was not present when the meeting recommenced. 3/2 SD522 – Request to Change an Existing Approval for Reconfiguring a Lot –

Subdivision to Create One (1) Additional Lot – Gerber Road, Widgee – F. Morris Re: Minute: P16/09/09 Request to Change an Existing Application for

Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot – Gerber Road, Widgee

From: Max Watterson & Associates File: SD522 Date: 6 July 2009



Report: (Planning Assistant – K.M. Fuller) 1.0 Introduction Development approval for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot was originally issued on 8 August 2008 with representations considered and a Negotiated Decision Notice issued on 14 January 2009. A copy of the approved plan is reproduced below.



2.0 Request to Change the Approval A request to change the approval was submitted on 9 July 2009 and was accompanied by the following letter: ‘Approval The Development Approval for the Reconfiguration of the subject land to create 2 lots was approved on 10th December, 2008. Situation The final survey of the Reconfiguration has disclosed that the road formation of Gerber Road has been constructed in an incorrect location, with the edge of the bitumen located within 0.4 metres of the existing road boundary. The table drain and verge are located within the subject land. This appears to be result of the road construction using the fencing of the subject land to set-out the road formation; and the original fencing of the subject being erected on the incorrect alignment. Approximately 829m2 of the subject land is located between the existing fencing and the road boundary. Proposed Changes The applicants seek to make the following amendments to the approval: • The inclusion of a road widening along the Gerber Road frontage with

the new road boundary along the existing fencing as shown on the attached Plan of Proposed Reconfiguration (Ref: 0-2588FA). The new proposed areas of the lots are: Lot 1 – 9398m2. Lot 2 – 9773m2.

• A deletion of Condition 4 of the Approval; which requires the payment of a contribution of $13,224 for the upgrading of Gerber Road. The applicant is proposing to transfer 829m2 of the subject land to the Council for road widening to delete the encroachment of the road formation; therefore the applicant believes that the contribution should be deleted from the approval.’

Further correspondence received from the applicant’s surveyor on 20 August 2009 is reproduced below: ‘I refer to the Application to Change the Development Approval of the Reconfiguration at the above-mentioned property and your email of 15th July and advise that on 18th August, 2009 we have attended your office and met with



the Director of Planning and Development, Mike Hartley to discuss the application. Mr Hartley has agreed to waive the application fees for the Change Application. With respect to the request to delete Condition 4 of the approval I confirm that the application is proposing to transfer 829m2 of the subject land to the Council for road widening to delete the encroachment of the road formation. A recent sale of land in the local area (Lot 10 on RP181956) has disclosed that land currently has a value of $18/m2. Accordingly the value of the land to be transferred to Council as road has a value of $14,922. Therefore the applicant believes that it is reasonable that Council delete Condition 4 of the approval, which requires the payment of a road contribution of $13,224 by the applicant. I trust that this information is of assistance. I look forward to your assessment of the application. Do not hesitate to contact this office if you require any further information.’



3.0 Assessment This development approval proposed to create two (2) lots each having an area of 1 hectare. The applicant’s surveyor advised that upon surveying the lot it was found that original fencing had been erected along an incorrect road alignment. Therefore it is requested that Condition 1 be amended to refer to plan 08-02588FA resulting in lot sizes below the minimum size of 1 hectare (Lot 1 – 9 398m2 and Lot 2 - 9 773m2). The amendment is considered acceptable in this instance given that it is an improvement to the existing alignment.



Condition 4 requiring payment of $13 224 for upgrading of Gerber Road is requested to be deleted on the basis that 829m2 of land will be dedicated to Council for the road widening. Compensation offered for road resumption is normally three times the unimproved capital value. Lot 7 RP851962 currently has an unimproved value of $93 000. As the site is two (2) hectares this equates to $4.65 per m2. The area to be dedicated as road equals 829m2. Therefore ($4.65 x 829m2 =$3 854.85) x 3 = $11 564 (i.e. a difference of $1 660 with the current road contribution levied). Council normally meets surveying and registration costs associated with road openings so, given the applicant will be paying for these the additional $1 660 could be waived and Condition 4 deleted.

P16/09/09 Moved: Cr D.R. Neilson Seconded: Cr A.J. Perrett

Recommend Council APPROVE the request to change development approval for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 7 RP851962, located at Gerber Road, Widgee and issue an Amended Decision Notice incorporating the following: (i) Condition 1 to be amended to refer to Plan 08-2588FA dated 02-07-

09 (as amended in red). (ii) Condition 4 to be deleted.

Carried.



SECTION 4: PLANNING APPLICATIONS PENDING

Cr G.L. Engeman declared a Conflict of Interest in the next item due to perceived business interests and abstained from voting. Cr A.J. Perrett declared a Conflict of Interest in 2009-0796 in the next item due to being a Member of the Board of St Patrick’s College and abstained from voting.

4/1 Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AL Acknowledgement Letter AN Acknowledgment Notice RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA09724 Rainbow Shores Pty Ltd (TMS)

Inskip Ave, Inskip Preliminary Approval for Resort / Commercial Village

DMS. Report to P&D Committee Meeting. 890 Submissions. Refer to Item 2/1 in Today’s Agenda.

DA10931 Fraser Straits Marina Pty Ltd (TMS)

Esplanade, Tin Can Bay

Marine Industry (Marina)

PNS. ALOD sent 07/07/09. PNS ceases 02/09/09. Referral Agencies – Contaminated Land Unit EPA advise response due 18/08/09, DMR, Maritime Safety Qld, EPA, DNRW, DPI Fisheries advise response due 14/09/09. DERM advise response due 18/08/08.

DA13803 Agnew (MKM)

132 Verne Road, Wolvi

Aquaculture (Redclaw & Fish)

Amended AN sent 05/09/08. Concurrence Agency DPI advise insufficient information 30/06/09.

DA13902 Integra (Qld) Pty Ltd (TMS)*

Lawson & Groundwater Roads, Pie Creek

Change Land Use Entitlements to Rural Residential & Subdivision to Create 335 Additional Lots

Letter sent to applicant 28/07/09 requesting amended plans.

DA15782 Mackenzie (MKM)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

DMS. Report to P&D Committee Meeting.



File Number & Applicant Location Nature of Application Status

DA15813 Heilbronn R D (TMS)

Chatsworth Rd, Two Mile

To change the Land Use Entitlements from the Rural Zone to the Housing Zone

RFI period extended to 15/05/10. Awaiting applicant’s response. Concurrence Agency DMR response received 31/05/07.

DA17006 Edwards (MKM)

1021 Bruce Hwy Kybong

Transport Depot & Caretakers Residence

Notice of Compliance for PNS received 10/06/09. Concurrence Agency DMR. Applicants advise representations made to DMR’s conditions.

DA17897 Morris (KMT)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (KMT)

Dray Rd Widgee Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

DA247 Cotter (TMS)

555 Kinbombi Rd Goomeri

Feedlot Amended AN sent 30/07/09. RFI due. Concurrence Agency DPI & F, ERA (Ecoaccess & CLU) & DERM.

DA18435 Walker (KMT)

39 Manooka Dr & 13 Carlo Rd, Rainbow Beach

COMBINED Multi-Residential (4 Dwelling Units) & Boundary Alteration

Part response to RFI received 10/02/09. Awaiting further response.

2008-0667 McMackin & Sarrinen (KMF)

22 Somerset Street, Gympie

Multi Residential – (3 Units)

RFI sent 23/10/08. Awaiting applicant’s response.

2008-0545 Thai Aust Nursery Enterprises P/L (KMT)**

6A Mulcahy Terrace, Gympie

Multi-Residential (10 Dwelling Units)

DN sent 27/07/09. Three (3) Submissions.

2008-1071 Christensen (MKM)

12 Glastonbury Road, Southside

Multi Residential (4 Units)

PNS. ALOD sent 31/07/09.

2008-1102 JY Farm Family Trust (MKM)

1119 Tagigan Road, Wolvi

Aquaculture RFI sent 06/01/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 27/02/09. Amended AN sent 23/01/09.

2008-0911 Custodian Projects Services Pty Ltd (KMT)

74 Exhibition Road, Southside

Multi-Residential (10 Units including Existing Dwelling House)


2008-1225 Mills (KMT)*

266 Blackgate Road, Amamoor

Food or Entertainment Venue (Tavern) & Accommodation Premises (10 Unit Motel & Manager’s Residence)


2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre


2008-1088 Silkyoak Enterprises Pty Ltd (TMS)

39 Woondum Rd, Kybong

Preliminary approval for Establishment of General Industry, Rural Industry, Extractive Industry & Warehouse Uses

RFI sent 19/12/08. Awaiting applicant’s response. Concurrence Agency DNRW. Advice Agency DIP response received 28/10/08. Advice Agency Powerlink response received 19/12/08.




2008-1280 Gilgal Enterprises Pty Ltd (MKM)*

11-14 Shayduk Close, Gympie

Multi-Residential (13 Units)

DN issued 29/05/09. Five (5) Submissions. Representations received 20/07/09.

2008-1382 Wilson (MKM)

37 Apollonian Vale, Gympie

Multi-Residential Four (4) Units

RFI sent 15/01/09. Awaiting applicant’s response. Heritage Advisory Committee response received 15/10/08.

2008-1583 Prior (MKM)**

10 Flynn Road, Gympie

Multi-Residential (Three Dwelling Units)

Appeal period suspended and representations received 06/08/09. NDN to be issued. One (1) Submission

2008-1730 Daniels (MKM)*

9 Wilsons Pocket Road, Goomboorian

Education or Health Care (Extension to existing Child Care Facility)

Reported to P&D Committee Meeting 19/08/09.

2008-1830 Catalyst Securities Pty Ltd & Hoskins & Associates Pty Ltd (TMS)*

David Drive, Curra Caravan Park (60 Sites) & ERA #15 (b) – Sewerage Treatment (Standard Works for 100 or more but less than 150 equivalent persons)

PNS closed 07/04/09. One (1) Submission. Concurrence Agencies EPA RFI issued 06/03/09, DNRW response received 09/02/09, DMR response received 12/02/09. Applicant’s response to RFI received 24/6/09.

2008-1899 Harris (MKM)

34 Louisa Street, Gympie



2008-1939 Queensland Water Infrastructure Pty Ltd (TMS)*

30 Kandanga Imbil Road, Kandanga

Food or Entertainment Venue (Bowls Club), Reconfiguring a Lot - Subdivision to Create Three (3) Additional Lots & Access Easement & Operational Work – Earthworks & Roadworks

PNS. Submissions close 25/09/09.

2009-0009 Silich (MKM)

37 & 39 Musgrave Street, Gympie

Multi-Residential (15 Townhouses)

DMS. Report to P&D Committee Meeting. One (1) Submission.

2009-0005 Wright (KMF)

Miva Road, Gunulda

Dwelling House DMS. DN due.

2009-0077 Blakeney (MKM)*

96 Stewart Road, Coondoo

Extractive Industry (Quarry)

PNS. ALOD sent 17/06/09. (149) Submissions.

2009-0156 Jones (TMS)**

123 East Deep Creek Road, Monkland

General Industry (Transport Depot)


2009-0135 Hose (KMT)

Curra Estate Road, Curra

Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year)

AN sent 25/02/09. RFI not required. Concurrence Agencies: DERM advise RFI issued 02/06/09. DMR response received 27/05/09.




2009-0400 Park Drive Developments Pty Ltd (SAC)**

5 Lucknow Street, Gympie



2009-0403 K & JL Woodgate T/A Gympie Track Service (MKM)**

Victoria Road, Gympie

General Industry (Ancillary Storage of Machinery & Parts)


2009-0459 Allen (TMS)*

Brisbane Road & Old Imbil Road, Monkland

Preliminary Approval to Override the Planning Scheme for Industrial Development

RFI sent 23/06/09. Awaiting applicant’s response. Concurrence Agency DMR RFI sent 19/05/09. Advice Agency DI&P advice received 26/06/09.

2009-0611 O’Dwyer (SFC)

290 Moy Pocket Road, Brooloo

Homes Business (Bed & Breakfast)

RFI not required. Concurrence Agency DNRW.

2009-0774 Dean A (MKM)

3 Shayduk Close, Gympie

Multi-Residential (Six (6) Townhouses)


2009-0748 Orica Quarry Services (TMS)**

720 Moy Pocket Road, Moy Pocket

Special Industry (Bulk Storage Depot & Magazine Facility) and Environmentally Relevant Activity (ERA# 8 Chemical Storage (Threshold 4)

RFI sent 14/07/09. Concurrence Agencies DNRW, EPA DES (CHEM Unit).

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)


DA16344 Raw Ochre Design (KMT)*

68 Duke Street, Gympie

Showroom (3 Tenancies)

Reported to P&D Committee Meeting 03/06/09. Letter sent 15/06/09 on hold pending amended plans.

DA17123 Wilson DC & JM (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)


DA17246 Oaklands Management Pty Ltd (TMS)

68 Myall Street, Gympie


Revised plans received 27/07/09. DMS. Report to P&D Committee Meeting.

DA17908 Carter Holt Harvey (MKM)

Langton Rd, Monkland

General Industry (Relocating Burners in existing Wood Processing Plant)

Amended AN sent 13/10/08. Concurrence Agency EPA advise incomplete application 19/09/08. Qld Transport response received 23/10/08.

DA18104 Greenco Pty Ltd (MKM

72 Chatsworth Rd, Gympie

General Industry RFI response received 27/08/08. Amended AL sent 30/07/08. Concurrence Agency DMR advise incomplete submission 19/03/09.

DA18289 Gerhardt (TMS)*

Jubilee St, Monkland Gympie






MCU175/07 Kelly (KMT)

31 Scrub Road, Gunalda

Concrete Batch Plant DMS. Report to P&D Committee Meeting.

DA243 Sterns (MKM)

472 Bular Road, Kilkivan

Certified Organic Poultry Farm – (Increase Capacity from 6,000 to 60,000 max)

Extra information requested 06/10/08. Awaiting applicant’s response.

DA256 PJ Burns Builder (MKM)

Rose Street, Kilkivan

Multiple Dwelling Units

DMS. DN due.

2008-0378 Tim Developments (MKM)

168 Old Maryborough Rd, Gympie

To change the land use entitlements from Rural to Housing & Reconfig –Subdivision to Create Thirty Six (36) Additional Lots


2008-0468 Loot Homewares Gympie (KMT)

42 Duke Street, Gympie

Commercial Premises RFI sent 15/09/08. Awaiting applicant’s response.

2008-0516 Plowman (TMS)

11 & 13 Phoenix Lane, Gympie

Multi Residential (14 Units)

RFI sent 13/10/08. Awaiting applicant’s response. Concurrence Agency EPA.

2008-0630 Baker (TMS)

Eel Creek Road, Pie Creek

General Industry & Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots

RFI sent 31/10/08. Awaiting applicant’s response. Concurrence Agency EPA (CLU) response received 22/07/08.

2008-0657 Rozynski (SAC)

Rozynski Road, Imbil

Dwelling House (Farm Worker’s Cottage)

Amended AN sent 13/05/09. Concurrence Agency DNRW & Advice Agency EPA’s response received 08/07/09.

2008-0642 Wilson (KMF)

16 Kanimbla Avenue, Cooloola Cove

Multi Residential (Relative’s Accommodation)


2008-0634 Reyloh Pty Ltd (KMT)

22 Chatsworth Road, Gympie

Accommodation Premises (60 Unit Motel & Caretakers Residence) & Food & Entertainment Venue (Function Room & Restaurant)

RFI response received 19/08/09. Concurrence Agency DMR response received 21/08/08.

2008-0526 Jones (SAC)

7 Edith Road, Mothar Mountain

Commercial Premises (Art Gallery, Sales & Art Workshops & Low Impact Industry (Picture Framing)

New Acknowledgement Notice sent 10/07/09. Concurrence Agency EPA.

2008-0838 Hamerwill Pty Ltd (KMT)*

22 Caledonian Hill, Gympie

Commercial Premises RFI sent 12/11/08. Awaiting applicant’s response. Heritage Advisory Committee response received 14/08/08.

2008-1008 Aspire Developments Pty Ltd (KMT)*

24 Caledonian Hill & 9 Alma Street, Gympie

Accommodation Premises (Boarding House – 20 Units)

Heritage Advisory Committee response received 14/08/08. Application held in abeyance at applicant’s request.




2008-1145 Taxis (TMS)

18 Langara Drive, Southside

Multi-Residential (Duplex)

Part RFI response received 04/03/09.

2008-1183 Custodian Project Services Pty Ltd (TMS)*

Banks Pocket Road, Fauna Road, Heights Drive & Old Maryborough Road, Gympie

Combined MCU & Reconfig - Retirement Village, Community Centre, Shop (Convenience Store) & Commercial Premises (Medical Centre) & Boundary Alteration & Subdivision to Create Four (4) Additional Lots (Nine (9) New Lots from Five (5) Existing Lots)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency DMR, DNRW & QT. DNRW issued RFI 05/09/08. QT issued RFI 08/09/08.

2008-1226 Mills (KMT)*

Amamoor Street, Amamoor

Accommodation Premises (15 Cabins & 50 Room Backpacker Accommodation Building)


2008-1316 Southside Family Village (KMT)*

5 Rose Road, Southside

Combined MCU & Reconfig - Multi-Residential (Community Village comprising 15 Units and Managers Residence) & 3 Standard Format Lots & 6 Building Format Lots in a Community Titles Scheme)


2008-0699 Niduts Investment Trust (TMS)

54 Crescent Road, Gympie

Display Yard AN sent 29/09/08. Concurrence Agency DMR response received 14/10/08. On hold applicant negotiating with DMR.

2008-1009 Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

Environmentally Relevant Activity (ERA #20 (a) – Extracting Rock or Other Material not more than 5000t a Year)

AL sent 01/10/08. RFI due. Related file 2008-1811

2008-1179 Brisbane Congregation Jehovah’s Witnesses (KMT)

5 Atlantis Avenue, Cooloola Cove

Community Services (Church)


2008-1346 Rizzato (KMT)*

37 Nash Street, Gympie

Commercial Premises (Professional Offices)

RFI sent 18/02/09. Awaiting applicant’s response. Advice Agency EPA response received 10/12/08.

2008-1345 Stirling (KMT)*

67 Channon Street, Gympie

Commercial Premises (Health Care Clinic)





2008-1445 MJB Gympie Pty Ltd (SAC)

47 Geordie Road, Monkland

Accommodation Premises (Additional Cabins incorporating 27 Additional Rooms)

DMS. Report to P & D Committee Meeting.

2008-1574 Gerhardt (KMT)*

15 Stanley Street, Gympie

Commercial Premises Letter sent 20/08/09. Application held in abeyance pending further advice.

2008-1604 Edwards (MKM)**

10 Wadell Road, Two Mile

General Industry & Low Impact Industry

DMS. DN due.

2008-1686 Amaroo Properties t/a The Pheonix Trust (TMS)

22 Oak Street, 9 & 11 Adams Street, Gympie

Accommodation Premises (Car Parking for Motel and Associated Restaurant and Functions Rooms)

RFI not required. Concurrence agency EPA & DMR.

2008-1835 Buckley (TMS)**

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

Amended AN sent 08/07/09. Concurrence Agency DNRW advise response due 24/08/09. Advice Agency EPA.

2008-1759 Widgee Welding Works (KMT)

25 Tooth Drive, Widgee

ERA #24 (Motor Vehicle Workshop in Existing Building)

DMS. DN due.

2008-1811 Massimo Designs T/A Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

ERA #22 (a) Screening ect, materials more than 50t but less than 5,000t a year

AL sent 23/12/08. RFI due. Related file 2008-1009

2008-1962 Rainbow Beach Sports Recreation & Memorial Club Ins (MKM)

Cnr Double Island Drive & Rainbow Beach Road & Green Valley Drive, Rainbow Beach

Food or Entertainment Venue – Outdoor Aquatic Facility

RFI sent 29/04/09. Awaiting applicant’s response. Concurrence Agency DMR.

2009-0087 Gay Schmidt Trust (KMT)

Wallader Road, Imbil

General Industry (Plastic Reprocessing Facility)


2009-0218 Richards (MKM)

14 Watt Street, Gympie

Multi-Residential (Two Dwellings)

DMS. Report to P&D Committee Meeting. Heritage Advisory Committee response received 13/05/09. Refer to Item 2/2 in Today’s Agenda.

2009-0267 Kickbusch (KMT)**

246 McIntosh Creek Road, Jones Hill

Display Yard (Nursery & Landscape Supply Centre)


2009-0416 Okara Pty Ltd (SFC)

243 Harvey Road, Lower Wonga

Caretakers Residence RFI sent 18/05/09. Awaiting applicant’s response.

2009-0441 Wildman (KMF)

1 Duffy Court, Southside

Home Business (Dog Grooming)


2009-0437 Whale Bay Investments P/L (MKM)

199 Brisbane Road, Monkland

Dwelling House RFI sent 20/05/09. Awaiting applicant’s response. Concurrence Agency DMR response received 22/05/09.




2009-0494 Calvert (KMT)*


Shop (Beauty and Wellbeing Centre and Manufacture of Beauty Products)

RFI sent 05/06/09. Awaiting applicant’s response. Concurrency Agency DMR response received 13/05/09.

2009-0586 Scooter Group (TMS)**

281 & 283 Brisbane road, Monkland

Showroom RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agency DMR advice received 29/6/09. Access Advisory Committee response received 03/07/09.

2009-0663 Masondale Pty Ltd (MKM)**

Ascot Road & Tin Can Bay Road, Victory Heights

General Industry (Transport Depot & Mechanical Repairs Workshop) & ERA #21 Motor Vehicle Workshop)

RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agencies DMR & EPA. DMR response received 03/08/09

2009-0706 Glendale Homes Pty Ltd (SAC)

1629 Bruce Highway, Kybong

Multi-Residential (Second Dwelling for Workers Accommodation)

RFI response received 20/07/09. Concurrence Agency DMR

2009-0779 Samred Pty Ltd T/A KG Property Investment Trust (TMS)**

Langton Road, Monkland

General Industry (Crane Hire Depot)


2009-0836 Etican (KMT)

45 Station Road, Gympie

Shop (Gourmet Food) DMS. Report to P&D Committee Meeting.

2009-0875 Zeman (SAC)

267 Burgess Road, Calico Creek

Multi-Residential (Caretaker’s Residence)

DMS. DN due.

2009-0893 The Clayton Family Superannuation Fund (KMT)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

RFI response received 31/07/09. Concurrence Agency EPA RFI issued 03/08/09.

2009-1021 Bradley (KMF)

92 Kinen Lane, Canina

Multi-Residential (Second Dwelling for Relative)

DMS. DN due.

2009-0997 Thefs (SFC)

515 Cedar Pocket Road, Cedar Pocket

Multi-Residential (Second Dwelling for Farm Workers Accommodation)

AN sent 06/08/09. RFI due. Concurrence Agency DNRW.

2009-1098 Kainos Enterprises Pty Ltd atf F Baker Family Trust t/a Pine-Tech Australia (TMS)

23 Drummond Drive, Glanmire

Environmentally Relevant Activity ERA# 48 Wooden & Laminated Product Manufacturing (Threshold 1)

AN sent 21/08/09. RFI due.

2009-1065 Chasdale Pty Ltd & Dryant Pty Ltd

2618 Bruce Highway, Gunulda

Service Station & Commercial Facilities and ERA# 8 (3) (a) Chemical Storage & ERA# 63 (2) (b) Sewage Treatment

AN sent 13/08/09. RFI due. Concurrence Agencies DERM CLU.

2009-1030 Hoskin & Associates (SAC)

52 Violet Street, Gympie

Low Impact Industry (Exploration Mining Office & Laboratory)

AN sent 20/08/09. RFI due. Concurrence Agency DTMR.




2009-1078 Asset Cabins (SFC)

123 Hyland Road, East Deep Creek

Multi-Residential (Second Dwelling for Relative Accommodation)

AN sent 25/08/09. RFI due. Concurrence Agency DERM Vegetation Management. Advise Agency DERM Ecoaccess.

2009-1149 Schneider (PKM)

19 Skyline Terrace, Gympie

Multi-Residential (Duplex)

AL sent 25/08/09. RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1753 Lawson (MKM)

71 Laird Street & 3 Fulton Street, Goomeri

Boundary Alteration DMS. Report to P&D Committee Meeting

2009-0826 Zinlamb Pty Ltd As Trustee

Hawkins Road, Widgee

Subdivision to Create Twenty Six (26) Lots in Three (3) Stages

AN sent 10/07/09. RFI due. Concurrence Agency DMR.

RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)

DMS. Report to P&D Committee Meeting

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot


DA15669 Andreassen (TMS)

153 Ballard Road & Michelle Court, Imbil

Subdivision to Create 16 Additional Lots

Reported to P&D Committee Meeting 03/06/09. Amended plan received 29/06/09. Awaiting Concurrence Agency’s response following applicant’s representations.

DA15862 Nissen (MKM)

1 Currambine Ave Gympie

Subdivision to Create One (1) Additional Lot & Common Area (CTS)

DMS. Reported to P&D Committee 05/08/09.

DA16162 Patrick (MKM)

358 Eel Creek Road, Pie Creek


DMS. Report to P&D committee Meeting.

DA16327 Sutherland & Rush (MKM)

134 & 136 Greentrees Road, Pie Creek

Subdivision to Create Seven (7) Additional Lots

Letter sent 23/07/09. DMS on hold 3 months.

DA16722 Brady (TMS)

Mackenzie Road, Tamaree

Boundary Alteration DMS. DN due. Application held in abeyance pending further advice. Letter sent 01/06/09 requesting intentions.

DA17219 Rowan (TMS)

406-407 Wilton Road, Greens Creek



DA17330 Cochrane (KMT)*

48 Old Veteran Road, Veteran

Subdivision to Create Eight (8) Additional Lot

Letter sent 10/07/09 requesting revised plan.

DA17419 Bairnsdeen Pty Ltd (TMS)

36 Diggings Road, Imbil


RFI period extended to 04/09/09. Awaiting applicant’s response.

DA17588 Echochamp Pty Ltd (TMS)

44-45 Esplanade, Tin Can Bay

Subdivision to Create Three (3) additional Lots

DMS. Report to P&D Committee Meeting. Application on hold at applicant's request. 18/06/09.

DA17847 Ryan (TMS)

410 Old Maryborough Rd, Araluen

Subdivision to Create Four (4) Additional Lots

Letter sent 16/12/08. Awaiting applicant’s response.




DA17953 Taylor (TMS)

256 Amamoor Dagun Road, Amamoor

Subdivision to Create Two (2) Additional Lots

Letter sent 18/05/09 on hold pending further advice.

R177/07 Kelly (SAC)

31 Scrub Road, Gunalda



R187/07 Moody (KMT)

6 Hermans Road, Gunulda

Subdivision to Create Three (3)Additional Lots

Withdrawn from the agenda General Meeting 12/11/08 at applicant's request. On hold pending advice from applicant.

R205/08 KG & JKL Knight Super Fund ATF (KMF)

Rodney Rd Curra Subdivision to Create One (1) Additional Lot

DNRW response received. Applicant making representations to DNRW.

SD483 Conway (KMT)

Cnr Fraser & Angel Sts, Kilkivan

Reconfiguring a Lot (13 Lots)


SD495 Allen (KMT)

2110 Gympie-Woolooga Rd Widgee

Subdivision to Create Seven (7) additional Lots (Stage 2)

DMS. DN due.

SD510 Ken McDonald Surveys (Emirc Ni Srentrap P/L) (MKM)**

Gympie-Woolooga Rd Widgee

Subdivision to Create Seven (7) additional Lots

DMS. DN due.

SD518 Hawkins (KMT)

193 Power Rd Widgee

Boundary Realignment

Reported to P&D Committee Meeting 03/06/09. Letter sent 15/06/09 on hold pending amended plans.

SD524 Steele (MKM)

22 Hawkins Rd Widgee

Reconfiguring a Lot (1 into 2)


SD531 Grinter & Nott (SAC)

6 Janke Road, Widgee

Reconfiguring a Lot (1 into 2)


2008-0041 Butler (KMT)

23 Minya Rd, The Palms


RFI sent 17/09/08. Awaiting applicant’s response. Concurrence Agency DNRW, DNRW RFI issued 21/05/08.

2008-0076 Carmichael (KMT)

225 Allen Rd, Chatsworth


DMS. DN due.

2008-0147 Keeldale Pty Ltd (TMS)*

221 Zerner Rd & Eel Creek Rd, Pie Creek

Subdivision to Create Thirteen (13) Additional Lots


2008-0554 Cooper & Sutherland (MKM)

43 Pine Valley Drive, Pie Creek

Subdivision to Create One (1) Additional Lot & Access Easement

DMS. DN due.

2008-0650 Hutchinson (PKM)

93 Grecian Bends Road, Greens Creek


RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 01/08/08. Applicant negotiating with DMR conditions. 01/10/08.

2008-0670 Moylan Falls Pty Ltd (MKM)

Wallader Road, Imbil

Boundary Alteration RFI sent 26/08/08. Awaiting applicant’s response.




2008-0771 Duff (KMT)*

56 Purcell Road, Bells Bridge


RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 28/08/08.

2008-0826 Murray & Thrupp (MKM)

24 Birdwood Drive, Gunalda


RFI not required. Concurrence Agency DMR.

SD532 Hendry (MKM)

75 Barrett Road, Widgee

Subdivision to Create Ten (10) Additional Lots

Part RFI response received 02/02/09.

2008-1074 JKM Projects Pty Ltd (KMT)

196 Old Maryborough Road, & 43 Hamilton Road, Gympie

Boundary Alteration Reported to P&D Committee Meeting 01/07/09. Letter sent 30/04/09 & 15/07/09 re amended proposal.

2008-1080 Humphris (MKM)

22 Country View Drive, Chatsworth


DMS. DN due.

2008-1142 Martoo consulting (MKM)

Hester Street & Bligh Street, Kilkivan



2008-0835 Pearman (SAC)

Glastonbury Road, The Palms


DNRW request for RFI issued 02/09/08.

2008-1086 Ellis (SFC)

McIntosh Creek Road, McIntosh Creek

Boundary Alteration DMS. DN due. Awaiting Concurrence Agency EPA response.

2008-1573 Kastrissios (SAC)

Meads Road, Tandur

Boundary Alteration RFI sent 13/05/09. Awaiting applicant’s response. Advice Agency EPA response received 05/11/08.

2008-1304 Odell J (MKM)

114 North Deep Creek Road, North Deep Creek

Subdivision to Create One (1) Additional Lot.

DMS. DN due.

2008-1098 Allen-Co Holdings Pty Ltd (KMT)*

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

Amended AN sent 23/01/09. RFI due. Concurrence Agency DMR.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/6/09. Referral Agency DMR RFI sent 23/03/09. Advice Agency Energex response received 20/03/09.

2008-1519 Los (MKM)

Chitticks Road, Greens Creek

Boundary Alteration RFI sent 23/07/09. Awaiting applicant’s response. Concurrence Agency EPA response received 10/12/08.

2008-1640 D & K Holdings Qld Pty Ltd (KMT)

7 & 11 Heritage Lane, Southside


DMS. Report to P&D Committee.

2008-1620 Mackellar (SAC)

580 & 628 Traveston Road, Traveston

Boundary Alteration RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency Qld Transport. Advise Agency EPA.

2008-1641 Alcock (MKM)

746 East Deep Creek Road, Cedar Pocket

Subdivision to Create Two (2) Additional Lots in Two (2) Stages & Access Easement





2008-1755 Weier (SFC)

28 Lorikeet Drive, Tamaree



2008-1694 Pearce (KMT)

Gympie Connection Road, Victory Heights


DMS. Report to P&D Committee Meeting. Refer to Item 3/1 in Today’s Agenda.

2008-1775 Thorpe (KMT)

Craft Road, Veteran


DMS. DN due.

2008-1718 Yaroomba Pty Ltd (MKM)

Hoopers Road, Curra



2008-1770 Stevens (SFC)

170 Herron Road, Pie Creek


RFI response received 20/05/09. Concurrence Agency DNRW advise response due 24/09/09.

2008-1829 Chain (MKM)

377 Power Road, Widgee



2008-1873 Scott (PKM)

440 Jimbour Road, The Palms



2008-1818 Pitstock (SFC)

157 Boonaravale Road, Goomeri



2009-0004 George (KMF)

20 Lynch Road, East Deep Creek


DMS. DN due.

2009-0064 Bulger (KMF)

53 Boundary Drive, Widgee


DMS. DN due.

2009-0034 Thornbury Nominees Pty Ltd (MKM)

3A Williams Lane, Southside

Subdivision to Create Two (2) Lots in a Community Titles Scheme

DMS. DN due.

2009-0070 Anderson (SFC)

Cedar Pocket Road, Cedar Pocket


DMS. DN due.

2009-0079 Curtis (SAC)

79 Glenbar Road, The Palms


RFI sent 10/06/09. Awaiting applicant’s response. Concurrence Agency DNRW RFI issued 16/03/09. Advice Agency EPA.

2009-0069 Cummins (SFC)

9 Woodbine Street, Gympie


DMS. DN due.

2009-0213 Eleventh Trail Pty Ltd (KMF)

Rifle Range Road & Spring Road, Gympie

Subdivision & Boundary Realignment to Create Four (4) New Lots from Three (3) Existing Lots


2009-0196 Harwood Family Trust (MKM)

Miva Road, Munna Boundary Realignment

DMS. DN due.




2009-0259 Burke (KMT)**

590 Noosa Road, Mothar Mountain


RFI sent 13/05/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 05/06/09. Advice Agencies: EPA response received 13/05/09. Energex response received 03/07/09.

2009-0272 Ten-Dyke (KMF)

219 Webb Road, Blacksnake


RFI not required. Concurrence Agency DMRW advise response due 07/08/09. Amended proposal plans received 18/09/09.

2009-0244 Sollner (MKM)

133 De Castella Road, The Palms


DMS. DN due.

2009-0343 Margetts (MKM)

Evelyn Road & Watson Road, Southside



2009-0405 Dan (KMT)

51 Deans Road, The Palms

Subdivision to Create Thirteen (13) Additional Lots


2009-0308 Went (MKM)

41 Trout Road, The Dawn



2009-0245 Benckendorff-Malik (MKM)

449 & 421 Kenman Road, Traveston


RFI not required. Advice Agency Powerlink.

2009-0453 I & DR Hendarwan (TMS)

26 O’Keeffe Road, Mothar Mountain

Subdivision to Create Tow (2) Additional Lots

RFI sent 19/05/09. Waiting applicant’s response.

2009-0475 Grono (MKM)

Rocks Road, Pie Creek

Subdivision to Create (12) Additional Lots

RFI sent 23/06/09. Awaiting applicant’s response. Concurrence Agency DNRW advice RFI sent 28/05/09. Advice Agency EPA.

2009-0381 Kunst (MKM)

Panorama Drive, Long Flat


DMS. DN due.

2009-0345 NFM Developments Pty Ltd & PBC Developments (Qld) Pty Ltd (KMT)

42 Ballard Road, Imbil


RFI sent 02/06/09. Awaiting applicant’s response. Concurrence Agency Qld T’port advise RFI sent 22/05/09.

2009-0411 Project Development Specialists P/L (KMT)

13 Sorensen Road, Southside

Subdivision to Create 126 Additional Lots, Drainage Reserve and Park in Eight (8) Stages


2009-0516 Fitzpatrick (SFC)

210 Kirsten Drive, Curra

Subdivision to Create Two (2) Additional & Access Easement

RFI sent 06/08/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 09/06/09. Amended plan received 29/04/09.

2009-0464 Spoljaric (MKM)

Caulfield Road, Tamaree


DMS. DN due.

2009-0601 Schembri (SFC)

108 Donald Drive, Curra






2009-0564 Johnson (SAC)

177 Lynne Drive, Curra


AN sent 22/05/09. RFI not required. Concurrence Agency DNRW advise applicant responded to RFI 29/07/09.

2009-0607 Gresham (KMF)

Fullerton Road, Kybong

Subdivision to Create Two (2) Lots from Two (2) Existing Titles in a Community Titles Scheme

DMS. Letter sent 10/08/09 Application on hold pending further submission from applicant.

2009-0665 Los (SAC)

Cavanagh Road & Bridge Creek Road, Greens Creek

Subdivision to Create Two (2) Lots from Two (2) Existing Lots

RFI not required. Concurrence Agency EPA

2009-0683 Conroy (SAC)

Settlement Road, Curra


DMS. DN due.

2009-0696 O’Sullivan (SFC)

16 Van Doren Road, Southside



2009-0655 The Planning Place (KMT)

Mudlo Road, & 554 McKewen Road, Kilkivan

To Create Two (2) New Lots from Two (2) Existing Lots



47 Old Boonara Road, Cinnabar & Mudlo Road, Kilkivan

To Create Tow (2) New Lots for Two (2) Existing Lots



563 Running Creek Road & Mudlo Road, Kilkivan

To Create Four (4) New Lots for Four (4) Existing Lots



Mudlo Road, Kilkivan & Kilkivan Tansey Road, Cinnabar

To Create Four (4) New Lots from Four (4) Existing Lots


2009-0634 Oakland Investments (Aus) Ltd (KMT)

Tandur Traveston Road, Lehman Road, & Traveston Road, Traveston

Boundary Realignment & Subdivision of 13 Existing Lots

AN sent 15/06/09. RFI sent 13/07/09. Awaiting applicant’s response. Concurrence Agency DMRW & Advisory Agency Eco Access. DERM RFI issued 13/07/09.

2009-0764 Smith (SAC)

31 Parkland Drive, Chatsworth

Subdivision to Create Two (2) Additional Lots & Access Easements

RFI not required. Concurrence Agency Ecoaccess.

2009-0747 Spunchrome Pty Ltd (KMT)

765 Kandanga Imbil Road, Imbil


RFI sent 03/07/09. Concurrence Agencies; DMR response received 30/07/09 & DNRW RFI issued 07/07/09. Advice Agency Ecoaccess.

2009-0770 Butterworth (SAC)

Stegemann Road, Upper Glastonbury



2009-0780 Eleventh Trail Pty Ltd (SAC)

Lillis Road, Gympie

Reconfiguring a Lot - Subdivision to Create Two (2) Lots from Two (2) Existing Titles


2009-0833 Alford (KMT)

McIntosh Creek, Jones Hill






2009-0728 Casys Pty Ltd aft J & J Delgos Family Trust & Moorakyne Investments Pty Ltd aft Crooks Family Trust (SFC)

27 Old Goomboorian Road, Veteran

Subdivision to Create Eight (8) Additional Lots

RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agency DMRW advise response due 04/08/09.

2009-0838 Mitchell (SFC)

76 Cliff Jones Road, Curra



2009-0889 Greig (SFC)

288 McIntosh Creek Road, Jones Hill


RFI sent 06/08/09. Awaiting applicant’s response. Energex response received 18/08/09.

2009-0905 Salmon (SFC)

34 Boyle Road, The Palms



2009-0907 Constable (QLD) Pty Ltd (SAC)

4 Tooth Drive, Widgee


RFI sent 04/08/09. Awaiting applicant’s response. Concurrence Agency DMR response received 04/08/09.

2009-0941 Robinson Earthmoving Pty Ltd (KMF)

Nicholls Road, Monkland

Subdivision to Create (16) Additional Lots

RFI response received 19/08/09. Concurrence Agency Qld Transport.

2009-0890 Raymont (SAC)

Tandur Traveston Road, Traveston

Subdivision to Create Two (2) Lots from Two (2) Existing Titles

RFI not required. Concurrence Agency DERM.

2009-0998 Hess (TMS)

Briere Road, The Palms

Subdivision to Create One (1) additional Lot

AN sent 06/08/09. RFI due. Concurrence Agency DERM

2009-1027 Bontoft (SFC)

33 Roselea Avenue, Southside

Subdivision to Create Two (2) Additional Lots and Access Easement


2009-1035 Lehman (SFC)

Lorikeet Drive, Tamaree

Lorikeet Drive, Tamaree

RFI response received 18/08/09. Concurrence Agency DERM.

2009-1053 Dwyer & Ludwig (SFC)

117 Barrett Road, Widgee


AN sent 12/08/09. RFI due. Concurrence Agency DERM CLU.

2009-1042 Waugh (SAC)

1005 Glastonbury Road, Glastonbury



2009-1102 Kerridge (KMF)

101 Yabba Creek Road, Imbil

Subdivision to Create (1) Additional Lot

RFI not required. Concurrence Agency DERM Vegetation Management Advice Agency DERM Ecoaccess

2009-1100 Salisbury (PKM)

70 & 72 Cooloola Drive, Rainbow Beach


AN sent 21/08/09. RFI due. Advice Agency DERM Ecoaccess.

2009-1105 Steffens & Kid (SFC)

80 Old Maryborough Road & 1 Glasgow Street, Gympie






2009-113 Resland Management (Aust) Pty Ltd

Ranson Road, Gympie

Subdivision to Create Eleven (11) Additional Lots


2009-0042 Maynard (PKM)

Kinbombi & Walker Road, Kinbombi



2009-1150 Brunning (SFC)

1982 & 1964 Noosa Road, Traveston


AN sent 25/08/09. RFI due. Advice Agency DERM Ecoaccess, Powerlink.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (SFC)

391 Bruce Highway North, Two Mile

Earthworks Preliminary response to RFI received 07/08/09.

DA13568 Crampton (TMS)1656

10 Mitchell Street, Tin Can Bay

COMBINED Op Works – Site Works, Driveway Access, Carparking & Landscaping

RFI sent 10/08/06. Part information received. Still awaiting extra information. Hydraulics received.

DA15807 Sawrey (TMS)

128 Emperor Street, Tin Can Bay

COMBINED Building Work (Class 2-9) & Boundary Relaxation, Plumbing (7 fixtures) & Operational Works

Further RFI sent 28/05/07 re building over sewer.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

DA18232 Howard (KMT)

Rifle Range Rd, Gympie,

Civil Works for Residential Subdivision (Stage 3)

DMS. DN due.

2008-0190 Keeldale Pty Ltd (TMS)

Eel Creek Rd, Pie Creek

Roadworks & Associated Civil Works for Rural Residential Subdivision (Stages 2 and 3)

DMS. DN due.

2008-0639 Tyrenwhit Pty Ltd (KMT)*

20 Barter Street, Gympie

Bulk Earthworks (Fill)

DMS. DN due.

2008-0273 Gympie Residential Golf Pty Ltd (SAC)

25 Corella Road, Gympie

Civil Works for Stages 3 & 4 of Approved Multi-Residential Development

DMS. DN due. Stage 3 DN issued 26/11/08. Awaiting Stage 4 information.

2008-0999 Sheehy & Partners (TMS)

Achilles Avenue, Cooloola Cove

Roadwork, Earthwork, Stormwater Drainage – Sewerage & Water Reticulation

DMS. DN due.




2008-1430 Cozen Regan Williams Prove Pty Ltd (TMS)

Cootharaba Road, Gympie

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure, Earthworks, Electrical Supply/Street Lighting and Landscaping for Approved Residential Subdivision

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

DMS. DN due.

2008-1682 Lohage (KMT)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2008-1861 Akers (MKM)

40 Bath Terrace, Gympie

Roadworks, Driveway & Retaining Walls

DMS. DN due.

2008-1918 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Carparking & Access for Approved Shopping Centre

DMS. DN due.

2008-1831 Gympie South Developments Pty Ltd (KMT)

Eagle Hawk Drive and 85 & 93 Groundwater Road, Southside

Site Works, Roadworks, Kerb and Channel and Associated Drainage, Stormwater Drainage, Water and Sewer Mains and Landscaping for Approved residential Subdivision Stages 3 and 4)

DMS. DN due.

2009-0186 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Stormwater & Sewerage Infrastructure

DMS. DN due.

2009-0258 Ken Hudson & Assoc (MKM)

20 Inglewood Road, Monkland

Access Driveway, Inter-allotment Drainage, Water & sewerage Reticulation for Approved Subdivision

DMS. DN due.

2009-0470 CEDMS Pty Ltd as Trustee KHA Development Managers (MKM)

12 Tweed Lane, Gympie

Sewer Main Construction, Access Construction, Stormwater Management and Water Main Connection for Approved Subdivision


2009-0297 Niduts Investment Trust (KMF)

Power Road, Widgee

Roadworks RFI sent 18/06/09. Awaiting applicant’s response.




2009-0396 Opus Qantec McWilliam (TMS)

110 Allen Road, Chatsworth

Roadworks for Approved Rural Residential Subdivision

DMS. DN due.

2009-0384 Gympie Building Co (SAC)

2 Little Channon Street, Gympie

Car Parking RFI sent 11/06/09. Awaiting applicant’s response.

2009-0619 Lollback (TMS)

170 Fisher Road, Banks Pocket

Roadworks Amended plans received 26/06/09. Additional information requested 17/07/09. Awaiting applicant’s response.

2009-0614 Amaroo Properties (TMS)

9 Adams Street, 23 Chatsworth Road & 22a Oak Street, Gympie

Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks, Signage, Sewerage Infrastructure, Retaining Structures, Footpath, Carparking, and Driveways for approved Accommodation Premises

AN sent 30/07/09. RFI due. Concurrence Agency EPA response received 04/08/09.

2009-0658 Sanewski (TMS)

166 North deep Creek Road, North Deep Creek

Roadsworks for Approved Subdivision

DMS. DN due.

2009-0720 Sigma Developments Pty Ltd (TMS)

Groundwater Road, Southside

Road & Drainage Works, Stormwater, Earthworks, Water & Sewerage Infrastructure & Retaining Walls for approved Subdivision


2009-0781 I & L Logegeier Superannuation Fund

123 Groundwater Road, Southside

Stormwater, Roadworks, Earthworks, Water Infrastructure, Drainage Works and Sewerage Infrastructure for Approved Residential Subdivision


2009-0796 Roman Catholic Archdiocese of Brisbane (TMS)

20 Bligh Street, Gympie

Roadworks RFI sent 07/08/09. Awaiting applicant’s response.

2009-0913 Oakvale Homes Building Group Pty Ltd (KMT)

Clarkson Drive, Curra

Roadworks, Stormwater & Drainage Works


2009-0940 G & M Consultants (TMS)

2 to 12 Church Street, Gympie

Roadworks, Stormwater & Earthworks for Approved Education or Health Premises





2009-0970 Ken Hudson & Associates (SAC)

449 Eel Creek Road, Pie Creek

Civil Works for Approved Subdivision


2009-1080 Protheroe (TMS)

19 Dennis Little Drive, Glanmire

Stormwater, Landscaping & Driveways


2009-1112 Kimlin Building Pty Ltd (MKM)

4 Chapple Street, Gympie

Access Construction AL sent 25/08/09. RFI due.

2009-1124 Gympie Regional Council (TMS)


Roadworks, Earthworks, Drainage Works & Sewerage Infrastructure


OPERATIONAL WORK – ADVERTISING DEVICES DA15079 Brown (MKM)

8 Jeremy Road, Widgee Crossing South

Advertising Device - Freestanding Non-moving Sign) and Building Work (Class 10b Sign)

RFI sent 05/02/07. Applicant’s part response received 10/05/07. Advised applicant new site plan required.

2009-0989 Landoway Signs (SFC)

Tin Can Bay Road, Tin Can Bay

Advertising Device – One (1) Freestanding Non-moving Sign) and Building Work (Class 10b Sign)


2009-1111 Suncert Pty Ltd (PKM)

18 Rowe Street, Gympie

Advertising Devices (Two (2) Freestanding Non-Moving Signs)


SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME DA17709 Inall (MKM)

11 Smyth St, Gympie

(Removal of Dwelling House within the Heritage and Character Overlay)

RFI sent 04/02/08. Awaiting applicant’s response. Heritage Advisory Committee response received 06/03/08.

2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 Building Application

P17/09/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

Recommend that the information be noted.

Carried.



Cr G.L. Engeman declared a Material Personal Interest in 2008-0686 in the next section due to perceived business interests and left the meeting at 10.20 a.m.

4/2 Development Applications Approved

File: DA17222 Applicant: Paul Jorgensen Site Address: 44 Minya Road, The Palms The proposal is for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 68 SP147043. The Decision Notice was approved on 20 August 2009 and issued on 20 August 2009 subject to conditions from the Assessment Manager. File: 2008-0639 Applicant: Tyrenwhit Pty Ltd Site Address: 20 Barter Street, Gympie The proposal is for Operational Work – Bulk Earthworks (Fill) & Building Work - (Retaining Walls) over Lot 1 RP140567. The Decision Notice was approved on 5 August 2009 and issued on 5 August 2009 subject to conditions from the Assessment Manager. File: 2008-0686 Applicant: Sigma Developments Pty Ltd Site Address: Groundwater Road, Southside The proposal is for Operational Work – (Revegetation and Landscaping – Stage 2) over Lot 42 L371042. The Decision Notice was approved on 20 August 2009 and issued on 20 August 2009 subject to conditions from the Assessment Manager. File: 2008-1931 Applicant: Mary Valley Heritage Railway Museum Assn Inc Site Address: Dagun Road, Dagun The proposal is for Reconfiguring a Lot – Access Easement over Lot 54 SP105943. The Decision Notice was approved on 25 August 2009 and issued on 25 August 2009 subject to conditions from the Assessment Manager.





File: 2009-0524 Applicant: Jojudo Pty Ltd Site Address: Bular Road, Oakview & 472 Bular Road, Kilkivan The proposal is for Reconfiguring a Lot – Boundary Realignment over Lots 255 L371319 & Lot 2 SP165731. The Decision Notice was approved on 14 August 2009 and issued on 14 August 2009 subject to conditions from the Assessment Manager. File: 2009-0660 Applicant: DC & LJ Lovell Site Address: 84 Old Veteran Road, Veteran The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots & Access Easement over Lot 10 RP843803. The Decision Notice was approved on 20 August 2009 and issued on 20 August 2009 subject to conditions from the Assessment Manager. File: 2009-0812 Applicant: Vexmist Pty Ltd As T/ee for Milburn Super Fund Site Address: 42 & 44 Bath Terrace, Gympie The proposal is for Reconfiguring a Lot - Boundary Realignment over Lot 3 RP842063 & Lot 5 RP68131. The Decision Notice was approved on 25 August 2009 and issued on 25 August 2009 subject to conditions from the Assessment Manager.

P18/09/09 Moved: Cr J. Watt Seconded: Cr L.J. Friske Recommend that the information be noted.

Carried.

Cr G.L. Engeman returned to the meeting at 10.25 a.m.



SECTION 5: GENERAL MATTERS 5/1 Proposed Amendment to Schedule of Fees and Charges 2009-2010

Re: Minute: P19/09/09 Proposed Amendment of Schedule of Fees and Charges 2009-2010

From: Manager Building & Plumbing Services – R. Bishop File: 5/3/09/0001 Date: 17 August 2009 Report: (Senior Building Surveyor – R.N. Bishop) The Schedule of Fees and Charges for the 2009/10 financial year does not include a specific fee for Private Certifier – Acceptance of documentation and Archival Fee. Council is required under the Building Act 1975, Section 86(c) to have a separate archiving fee just for Private Certifiers, set by Council Resolution in their schedule of fees and charges. This fee should be set at the same amount as Council’s Building Lodgement Fee of $105.00.

P19/09/09 Moved: Cr D.R. Neilson Seconded: Cr R.A. Gâté

Recommend that the Schedule of Fees and Charges for the 2009/10 financial year be amended to include the following:- 1. Private Certifier – Acceptance of documentation and Archival Fee -

$105.00. Carried.



Mr R. Fredman (Director of Engineering Services) entered the meeting at 10.29 a.m.

5/2 Installation of Solar Water Heaters in Queensland by Mid 2012 Re: Minute: P20/09/09 Installation of Solar Water Heaters in

Queensland by Mid 2012 From: Hon. Stephen Robertson MP – Minister for Natural Resources, Mines

and Energy and Minister for Trade File: 6/3/14/2 Date: 21 August 2009

Letter received 21 August 2009





Report: (Director of Planning & Development – M. Hartley) Gympie Regional Council has two separate charging regimes, depending on whether the proposed solar hot water unit is a split system or a system with a water storage tank on the roof. For a split system, Council charges total $240, comprising an $82 lodgement fee and one plumbing inspection at a cost of $158. Where the proposed system includes a storage tank on the roof, a building assessment and inspection is also required to determine the structural adequacy of the roof. For this type of system, Council charges total $431, comprising a $105 lodgement fee, one building inspection fee of $168 and one plumbing inspection fee of $158. The State Government’s program is promoting positive environmental outcomes, however any reduction in lodgement or inspection fees as suggested in the Minister's letter will ultimately result in a corresponding drop in revenue.

P20/09/09 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

Recommend that Council acknowledge the benefits of the program by establishing a flat rate of $240 for the lodgement and inspection fees for the installation of any hot water solar system to domestic premises.

Carried.

5/3 Policy on Bonding Development Work

Re: Minute: P21/09/09 Policy on Bonding Development Work From: Director of Engineering Services – R.A. Fredman File: Date: 20 July 2009 Report presented to the Planning & Development Committee meeting on 5 August 2009. “Report: (Director of Engineering Services – R.A. Fredman)

Council currently permits bonding of works to enable the early release of survey plans. Conditions on water, sewerage and roads infrastructure progress are required to be met as per PD-F-054. Currently roadworks have to be completed to subgrade (earthworks) standard. There is a risk to Council that the calculated bond amount may be inadequate to complete the work due to subsequent failure of the subgrade or other unforseen problems.



P25/08/09 Moved: Cr D.R. Neilson Seconded: Cr R.J. Dyne

Recommend that the matter be held over until the next Planning and Development Committee Meeting for discussion with the Director of Engineering Services.

Carried.” P21/09/09 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that the matter be referred to the Acting General Manager Design Services Division to upgrade the requirements for bonding to include “substantial completion” of roadworks. This will usually result in no bonding being accepted until the sealed surface of the road is complete, together with other requirements as per the current PD-F-054. Further that the Director of Engineering and the Director of Planning and Development be authorised to accept alternative bonding arrangements in exceptional circumstances.

Carried.

Mr R. Fredman left the meeting at 10.38 a.m. 5/4 Wide Bay Burnett NRM Plan Re: Minute: P22/09/09 Wide Bay Burnett NRM Plan

From: WBB Natural Resources Working Group 21/08/09 File: Date: 21 August 2009

“Thank you all for coming along to the information roundtables on the Wide Bay Burnett NRM Plan last week. Please find attached electronic copies of the Feedback Form and the table containing the draft targets, interim targets, databases & glossary. Due date for feedback on the draft targets or on any matter regarding the development of the Wide Bay Burnett NRM Plan is now due on Friday 11th September. Any feedback that you can give on the draft targets, interim targets, databases or on the NRM Plan development process is most welcome. Copies of the Feedback Form; the table containing the draft targets, interim targets, and databases available; and all the Information Sheets on each of the NRM assets can also be found on the BMRG website at www.bmrg.org.au as of early next week.” (See Attachment 3).

http://www.bmrg.org.au/�



P22/09/09 Moved: Cr A.J. Perrett Seconded: Cr G.L. Engeman

Recommended that Council write to Wide Bay Burnett Natural Resources Working Group and request a one month extension of time to provide feedback on the draft targets of the Wide Bay Burnett NRM Plan. Further, that Council note that the Acting Chief Executive Officer has been authorised to send this advice from today’s meeting and it is recommended that the Committee’s action in this matter be endorsed.

Carried.

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION The following items have been copied into a booklet for Council’s Information No Date

Received Received from Subject

1 21/08/09 Minister for Infrastructure & Planning

Planning Scheme Policies (Doc ID 1067822)

2 11/08/09 Dept of Environment, Water, Heritage and the Arts

Decision on Referral - Tourism, Residential and Marina Development Carlo Point (Doc ID 1067720)

P23/09/09 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson

Recommend that Council notes the contents of the correspondence.

Carried.



COUNCIL IN COMMITTEE The Chairman advised the meeting that Council was going “Into Committee”

to discuss: 1. Briefing by Mr M. Hartley in relation to Planning and Environment

Court Appeal No1 of 2008 P24/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:- 1. Briefing by Mr M. Hartley in relation to Planning and Environment

Court Appeal No1 of 2008 Further, that in relation to the provisions of Section 250 of the Act,

Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

Mr N. Wilbraham (Technical Officer) entered the meeting 11.05 a.m.

Cr L.J. Friske left the meeting at 11.14 a.m. and returned to the meeting at 11.18 a.m. Mr M. Hartley left the meeting at 11.19 a.m. and returned to the meeting at 11.21 a.m.

COUNCIL OUT OF COMMITTEE P25/09/09 Moved: Cr A.J. Perrett Seconded: Cr DR Neilson That proceedings be resumed in Open Council.

Carried

Cr J.A. returned to the meeting at 11.31 a.m. Mr N. Wilbraham left the meeting at 11.41 a.m.



SECTION 7: “IN COMMITTEE” ITEMS 7/5 Planning and Environment Court Appeal No 1 of 2008 P26/09/09 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett Recommend that the Director of Planning and Development be authorised

to negotiate settlement of the appeal. Carried.

There being no further business the meeting closed at 11.43 a.m.

CONFIRMED THIS THE EIGHTH OF SEPTEMBER 2009.

_____________________________________________ Cr I.T. Petersen

Chairman

Documents

2009-09-02 Planning & Development Committee Meeting Minutes · 9/2/2009 · COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen Held in the Boardroom Old Bank Building Cnr Nash & Channon