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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 21 October 2009 at 9.00 a.m. For Adoption at the General Meeting to be held on Wednesday 28 October 2009

2009-10-21 Planning & Development Committee Meeting Minutes€¦ · Planning & Development Committee Meeting – 21 October 2009 - 16 - Gympie Regional Council 2.3.1 Gympie Planning

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Page 1: 2009-10-21 Planning & Development Committee Meeting Minutes€¦ · Planning & Development Committee Meeting – 21 October 2009 - 16 - Gympie Regional Council 2.3.1 Gympie Planning

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 21 October 2009 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 28 October 2009

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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. 10.00 a.m. “In-Committee” Appointment 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 PROTECTED AREA ESTATES OAKVIEW NATIONAL PARK, OAKVIEW RESOURCES RESERVE, WRATTENS NATIONAL PARK, WRATTENS CONSERVATION PARK AND WRATTENS RESOURCES RESERVE ........................................................................................................................... 4

SECTION 2: PLANNING APPLICATIONS ................................................................................................... 10

2/1 2009-0586 – MATERIAL CHANGE OF USE – SHOWROOMS (SEVEN (7) TENANCIES) – 281 AND 283 BRISBANE ROAD AND BRUCE HIGHWAY MONKLAND – THE SCOOTER GROUP............................ 10 2/2 DA18282 – MATERIAL CHANGE OF USE – WAREHOUSE – 230 EAST DEEP CREEK ROAD, EAST DEEP CREEK – SJ & DY EADE................................................................................................... 21 2/3 2009-0218 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (SECOND DWELLING) – 14 WATT STREET, GYMPIE – A. RICHARDS......................................................................................... 35 2/4 2009-0009 – MATERIAL CHANGE OF USE – MULTI-RESIDENTIAL (FIFTEEN (15) TOWNHOUSES) – 57 & 59 MUSGRAVE STREET, GYMPIE – K. SILICH ............................................................................. 55 2/5 MCU177/07 – REPRESENTATIONS FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – MOTEL (10 CABINS) & CARETAKER’S RESIDENCE – LOT 3 RP197920 – BALKIN STREET, GUNALDA – BARRY LEES.................................................................................................................... 74

SECTION 3: RECONFIGURING A LOT APPLICATIONS......................................................................... 78

3/1 DA13902 – RECONFIGURING A LOT – SUBDIVISION TO CREATE 335 RESIDENTIAL LOTS AT GROUNDWATER AND LAWSON ROADS, PIE CREEK – INTEGRA PTY LTD ............................................ 78

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................ 99

4/1 PLANNING APPLICATIONS PENDING .................................................................................................... 99 4/2 DEVELOPMENT APPLICATIONS APPROVED........................................................................................ 118

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SECTION 5: GENERAL MATTERS ............................................................................................................. 122 5/1 BUILDING SUMMARY AND REPORT FOR THE MONTH OF SEPTEMBER 2009....................................... 122

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION................................................................... 122 SECTION 8: GENERAL BUSINESS............................................................................................................. 123

8/1 2009-0770 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – STEGEMANN ROAD, UPPER GLASTONBURY – K. BUTTERWORTH ..................................................... 123

SECTION 7: “IN COMMITTEE” ITEMS.................................................................................................... 139

7/1 PROPOSED TRAVESTON CROSSING DAM ........................................................................................... 139

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The meeting opened at 9.00 a.m.

PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, 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), Ms T.M. Stenholm (Manager Development & Compliance) and Ms K. Sullivan (Minutes Secretary).

LEAVE OF ABSENCE Nil. APOLOGIES P28/05/09 Moved: Cr G.L. Engeman Seconded: Cr J. Watt That the apology from Cr L.J. Friske be accepted. Carried.

DECLARATION OF INTERESTS BY COUNCILLORS

P37/10/09 – Cr G.L. Engeman and Cr A.J Perrett declared a Conflict of Interest.

CONFIRMATION OF PREVIOUS MINUTES

P29/10/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

That the Minutes of the Planning & Development Committee Meeting held on 7 October 2009 be taken as read and confirmed.

Carried.

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SECTION 1: STRATEGIC PLANNING MATTERS 1/1 Amendments to Protected Area Estates Oakview National Park, Oakview

Resources Reserve, Wrattens National Park, Wrattens Conservation Park and Wrattens Resources Reserve Re: Minute: P30/10/09 Amendments to Protected Area Estates From: Department of Environment and Resource Management File: 6/6/09/0005 Date: 14 October 2009 “On 4 June 2009, the Governor in Council approved amendments to the protected area estate. Details of actions 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) plans NPW810 Sh I and Sh 2, NPW848, NPW850 and NPW849 for

Oakview National Park, Oakview Resources Reserve, Wrattens National Park, Wrattens Conservation Park and Wrattens Resources Reserve, respectively; and

(b) copy of Forestry and Nature Conservation Legislation Amendment

Regulation (No.2) 2009, being Subordinate Legislation 2009 No. 75 notified in the Queensland Government Gazette dated 5 June 2009.”

Report: (Strategic Planning Officer – R.N. Halse) 1.0 Introduction The above letter was received on the 11 June 2009 advising Council of the recent amendments to Protected Area Estates found within the Gympie Regional Council area. The amendments affect the Oakview Resources Reserve, the Wrattens National Park, Wrattens Conservation Park and Wrattens Resources Reserve. In essence this information is merely to inform Council of the recent amendments undertaken by the Department of Environment and Resource Management.

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2.0 Conclusion The amendments to Protected Area Estates shown above have no implications for Council operations. It is recommended that Council acknowledge the receipt of this information.

P30/10/09 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

Recommend that Council acknowledge the receipt of the recent amendments to Protected Area Estates identified as Oakview Resources Reserve, the Wrattens National Park, Wrattens Conservation Park and Wrattens Resources Reserve.

Carried.

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SECTION 2: PLANNING APPLICATIONS 2/1 2009-0586 – Material Change of Use – Showrooms (seven (7) tenancies) – 281

and 283 Brisbane Road and Bruce Highway Monkland – The Scooter Group FILE NO: Minute: P31/10/09 2009-0586 APPLICANT: The Scooter Group LANDOWNER: Humdinga Investments Pty Ltd and

Bafoon Pty Ltd RPD: Lot 1 and 2 MPH7029 SITE ADDRESS: Corner 281 and 283 Brisbane Road

and Bruce Highway Monkland CURRENT USE OF LAND: Dwelling House and vacant lot PROPOSAL: Material Change of Use –

Showrooms (seven (7) tenancies) EXISTING ZONE: Housing Zone (Cooloola Shire

Planning Scheme 2005) PREFERRED USE AREA: Nil LEVEL OF ASSESSMENT: Code SUBMISSIONS: Nil

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KEY POINT SUMMARY

• Application to establish a Showroom development consisting of a seven (7) tenancies;

• Application lodged for assessment against Cooloola Shire Council’s Planning Scheme 2005;

• Property is Zoned Housing for which a Showroom development is a code assessable ‘inconsistent’ use;

• A couple areas of non-compliance with the Planning Scheme Codes justify requiring the submission of an amended plan;

• The proposed development will be located on a suitable site and can be supported with the imposition of appropriate conditions;

• MCU to establish a Showroom development at Lots 1 and 2 MPH 7029 at the corner of 281 and 283 Brisbane Road and Bruce Highway Monkland is recommended to be held over pending an amended plan and upon receipt of a satisfactory amended plan the authority to approve the application be delegated to the Director Planning and Development.

Report: (GHD and Manager Development and Compliance –

T.M. Stenholm) 1.0 INTRODUCTION This application seeks Council’s approval for a Material Change of Use for the purpose of a Showroom development (seven (7) tenancies), on a site at 281 and 283 Brisbane Road and Bruce Highway Monkland, formally described as Lots 1 and 2 MPH 7029. 1.1 Site Description

• The site is located at 281 and 283 Brisbane Road and Bruce Highway Monkland, measuring about 4,684 sqm.

• The site is relatively flat with a slope of about 1 in 50. • The site currently contains a dwelling and the second site is vacant with

the former house on that site previously removed. • The adjoining sites contain a car wash and service station.

1.2 The Proposal The application seeks approval for a Showroom development comprising seven (7) tenancies. In detail, the proposal includes the following:

• The construction of a new building of about 2005 sqm. • There are 42 parking spaces proposed which includes two (2) disabled

accessible spaces. All spaces are uncovered. • A three (3) metre road frontage landscape strip has been proposed

except for an intrusion by some of the car parking areas.

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• Designated bin enclosure area. • The buildings are proposed to have no setback to the rear boundary

around the service station site. The buildings have about a 14 meter setback to the road frontages.

• A truck loading bay has been proposed at the side /rear of the complex adjacent to the adjoining car wash facility.

The proposed layout is reproduced below.

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1.3 Surrounding Land Uses Surrounding development in the area is;

• To the north of the site on the Brisbane Road frontage is a car wash facility and on the Bruce Highway is a service station.

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• The sites on the opposite side of Brisbane Road are part of the Bunworth Park Industry Estate and other land which is part of an area evolving as a service industry and commercial showroom precinct.

• The sites on the opposite side of the Bruce Highway contain a motel, service stations and other highway frontage uses.

2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The proposed use generally accords with the Desired Environmental Outcomes contained in Division 3.2 of the Planning Scheme except for the issues of overall appearance which are identified in the report below. The overall intent of the Housing Zone is primarily for a broad range of housing uses. While the land is included in the Housing Zone it is located in an area characterised by showroom and highway frontage commercial uses. Council has previously approved a showroom and light industry uses on one of the sites (DA 9168 and 11697). The proposed use can be supported on the site provided compliance with the appropriate codes and standards is achieved. Council advised the adjoining land owners of the application and no comments have been received. 2.2 Overlays / Natural Hazards / State Planning Policies 2.2.1 Erosion Hazard The site falls within the low erosion hazard category and this issue can be dealt with by development conditions. 2.3 Assessment Against Codes

The applicable Codes include the following:

- Gympie Planning Area Code - Infrastructure Works Code - Landscaping Code - Erosion and Sediment Control Code - Vehicle Parking & Access Code

A brief overview of the proposal’s compliance with the relevant Code provisions of the Scheme is provided in the following sections.

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2.3.1 Gympie Planning Area Code Inconsistent Use The proposed use is listed as an inconsistent use on the site (Housing Zone) and this would suggest that the proposal doesn’t comply with the Code. The Applicants Consultant questioned the zoning of the site given its setting and suggests that the proposed use is consistent within its setting. Further that this view is reinforced by Council’s previous approval of showroom and light industry uses on the site. The use on the site can be supported with appropriate compliance with other codes and other standards. Effects of Use The effects of the use in relation to light, noise and other matters can be addressed by standard conditions. Scale, Siting and Provision of Buildings, Structures and Other Works The subject site is a very high profile site at one of the main entries to Gympie and is on the corner of two (2) main roads and as such is a landmark site. The building design and resultant appearance on any such site should be of a high standard. The design submitted involves long featureless building façades and in staff’s view there is significant room for improvement with little extra cost to the Developer. The suggested additional design works and building features will add to the appearance and resultant value of the building being a win-win outcome. The recommendation below suggests that the Applicant be requested to provide an amended building elevation treatment. 2.3.2 Infrastructure Works Code

Services

The site is connected to reticulated water and sewerage and has access to electricity and telecommunications infrastructure (refer to Design Services Division report for further details on services). Headwork charges are applicable to this proposal. Stormwater The applicant proposes to collect water from the driveway and roof areas and discharge at an approved discharge point. (refer to Design Services Division report for further details relating to stormwater).

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Frontage Road The site frontage road has the required kerb and channel, drainage, bitumen sealed pavement but requires the installation of a pedestrian footpath.

The proposal is generally able to comply with the outcomes sought by the Infrastructure Works Code.

2.3.3 Landscaping Code There are a couple of areas where the required car parks encroach into the required three (3) metre wide road frontage landscape setback area. The Applicant’s Consultant argues that there is adequate landscaping in the road reserve area to justify a reduction of on site landscaping. Council Staff don’t support that argument as;

o there are future road works planned by Main Roads (see DMR referral comments) and such there can be no guarantee that the footpath landscaping will be maintained long term,

o the site is on a prominent corner and the standard of presentation on this corner should be to the highest possible standard,

o some of existing landscaping maybe lost when the required pedestrian footpath is installed.

It is recommended that an amended plan be required which provides the full three (3) landscape setback along the road frontage of the site clear of any parking or other works. In addition it is recommended that a subsequent approval condition be imposed requiring the submission of a detailed landscape plan to Council for assessment and approval in accordance with Planning Scheme Policy 4: Landscape Plans and Plant Species. 2.3.4 Erosion and Sediment Control Code The applicant has briefly addressed this issue however, no specific details or assessment against this Code have been undertaken. An approval condition requiring the preparation of a Construction and Operational Erosion and Sediment Control Plan will be imposed for implementation at the Operational Works Stage. 2.3.5 Vehicle Parking and Access Code Under Schedule 10: Minimum Parking Requirements, the proposed Showroom Development attracts a parking rate of one (1) space per 40 sqm of total use area.

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The proposal accommodates a total of 42 parking spaces. 11 of these spaces will be lost if the future Main Roads’ land acquisition proceeds. Given that the proposed use comprises a total use area of about 2005 sqm; 50 spaces are required in accordance with the current Planning Scheme. The proposal doesn’t incorporate sufficient parking spaces in accordance with the current Planning Scheme. It is also noted that there are no areas off site where over flow parking can occur should the need arise. The Applicant’s Consultant argues that the proposed number of car parks proposed is sufficient and accords with other surrounding Local Authority Planning Scheme requirements. It is noted that both the Noosa and Caloundra Planning Schemes have a parking requirement for Showrooms of 1 space per 50 sqm GFA. It is recommended that the total use area should be reduced or additional parking provided or a combination of both. 3.0 LOCAL AND/OR STATE PLANNING POLICIES No State Planning Policies are applicable to this application. The applicable Local Planning Policy issues have been addressed in the suggested conditions. 4.0 PUBLIC NOTIFICATION The application was not required to be publicly advertised in accordance with the Integrated Planning Act 1997. The adjoining owners were advised of the application. No submissions have been received. 5.0 CONSULTATION 5.1 Internal a) Design Department Report: (Design Services Infrastructure Planning Manager – A. Laszlo) This report is based on the submission by KHA Developments Consultants dated April 2009 and subsequent information submitted.

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TRAFFIC The traffic contribution is calculated using the current Policy 13. Due to the flow on effects onto local roads a contribution of $31,348.50 is justified calculated on 50% of the total contribution including a credit for the existing use.

LEAD IN ROAD/FRONTAGE ROAD/ACCESS The development has two frontages, Bruce Highway and Brisbane Road, both are state controlled roads. They are fully constructed without a footpath. Council is responsible for providing footpaths on state roads. Therefore footpaths should be provided on both frontages. A 1.5 metre reinforced concrete footpath should be constructed along Bruce Highway frontage and a 1.2 metre reinforced concrete footpath should be constructed along Brisbane Road frontage. No access is permitted onto Bruce Highway. The access on Brisbane Road is to meet the Department of Main Roads conditions as outlined in its letter dated 25 June 2009. The existing obsolete accesses are to be removed as part of the development and should be reinstated with kerb and channel including the verge to Council standards. The car parking and loading areas are to comply with AS2890.1 and AS2890.2. All vehicles are to be able to enter and exit the development site in a forward direction.

LAYOUT Department of Main Roads have conditioned possible future land requirement. The proposed development car parking (11 of, including disabled car parking) is within the possible future land requirement. Therefore the development should be amended to accommodate the entire required car parking pre and post Department of Main Roads land requirement. WATER SUPPLY & SEWERAGE Both services are available with adequate capacity in each although actual connections may require upgrading. Headwork’s charges are applicable based on Council’s Policy. STORMWATER/FLOODING Run off from sealed car parking areas and buildings should be captured on site and discharged as per Department of Main Roads conditions. The development is not prone to flooding. OTHER SERVICES Power and communications services are available to the site.

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Street lighting is adequate in the area.

MISCELLANEOUS The proposed development is currently sited over two lots. The lots should be amalgamated. 5.2 External 5.2.1 Referral Agencies – Department Main Roads (DMR) The application has been referred to DMR as required, DMR have recommended a conditional approval subject to;

o Amalgamation of lots, o Removal of access to the existing lot 1 and removal of the

traffic island break that provides access to lot 1, o Construct a new channelized right turn treatment at the

approved access, o DMR identified a possible future DMR land requirement, the

extent of which is shown on the proposal plans supplied, o Noise assessment and other normal DMR issues.

5.2.2 Access Advisory Committee (AAC) The ACC reviewed the application and provided comments. The development will be able to comply with the suggestions. Appropriate conditions and legislation will ensure compliance. 6.0 CONCLUSION The application proposes a Material Change of Use for a Showroom (seven (7) tenancies) on a site at 281 and 283 Brisbane Road and Bruce Highway Monkland, formally described as Lots 1 and 2 MHP 7029. The use is in keeping with its setting while inconsistent with the Housing Zone in which the site is included. The proposed use needs to be amended to comply with some of the provisions of the Planning Scheme.

It is recommended that the application be held over to enable the proposal plan to be amended to bring it into compliance with the Planning Scheme provisions. Further once a satisfactory amended plan is received then the Director of Planning & Development is delegated authority to issue a decision notice approving the development subject to appropriate and reasonable conditions.

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P31/10/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

Recommend that in relation to development application 2009-0586 for Material Change of Use – Showroom (Seven (7) tenancies) over Lots 1 and 2 MPH 7029 located at 281 and 283 Brisbane Road and Bruce Highway Monkland, Council advise the applicant that the proposal as submitted is not supported, however Council is prepared to reconsider to enable the applicant to submit and amended plan addressing the following: • The provision of a three (3) meter wide landscape setback along the

full road frontage of the site (except at the access driveway); • The provision of 1 car park per 40 sqm GFA, there is potential to

reduce this to 1 space per 50 sqm GFA if all other requirements are meet to a high standard;

• All development (including car parking) to be kept clear of the possible future DMR land requirements;

• Incorporation of the suggestions from the ACC; and • Amended elevations which show a higher standard of street frontage

presentation. Once a satisfactory amended plan is received the Director Planning & Development be delegated the authority to issue a decision notice approving the development subject to appropriate and reasonable conditions.

Carried. 2/2 DA18282 – Material Change of Use – Warehouse – 230 East Deep Creek

Road, East Deep Creek – SJ & DY Eade FILE NO: Minute: P32/10/09 DA18282 APPLICANT: SJ & DY Eade LANDOWNER PJ, MJ & DA Visser RPD: Lot 2 SP208681 (formerly Lot 2

MPH23409) SITE ADDRESS: 230 East Deep Creek Road, East Deep

Creek CURRENT USE OF LAND: Residential PROPOSAL: Material Change of Use – Warehouse PLANNING AREA Rural LEVEL OF ASSESSMENT: Code SUBMISSIONS: Nil

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Report: (Manager Development and Compliance – T. M. Stenholm) 1.0 Introduction This application has previously been reported twice to Council’s Planning and Development Committee Meeting and held in abeyance since August 2008. The last time Council considered the proposal was on 18 March 2009 where it was resolved vide minutes P21/03/09 and P42/03/09 to: ‘P21/03/09 Recommend that the matter lay on the table pending an inspection of the site by Councillors. P42/03/09 Recommend that as Assessment Manager, REFUSE development application DA18282 for Material Change of Use – Warehouse over Lot 2 MPH23409 located at 230 East Deep Creek Road, East Deep Creek for the following reasons: 1. The development conflicts with Council’s planning scheme and sufficient

grounds have not been submitted to warrant approval. 2. The proposed warehouse has no specific locational requirements that

warrant approval outside the appropriately zoned areas. 3. The development will result in unacceptable amenity impacts on nearby

residences.

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4. The development would generate unacceptable traffic onto East Deep Creek Road.’

The above recommendation was subsequently withdrawn at the following General Meeting at the request of the applicant, and referred to a future Planning and Development Committee Meeting. 2.0 Previous Report A copy of the last report to Council on the 18 March 2009 is reproduced below for Councillors’ benefit. Report: (Manager Development and Compliance – T. M. Stenholm) 1.0 Introduction This application was previously reported to Council’s Planning and Development Committee Meeting on 6 August 2008 where it was resolved vide minute P04/08/08: ‘Recommend that Councillors attend an on-site inspection. Further that Council defer a decision on development application DA18282 for Material Change of use – Warehouse over Lot 2 MPH23409 located at 230 East Deep Creek Road, East Deep Creek pending the outcome of the industrial land strategy.’ This minute was deleted and replaced at the subsequent General Meeting on 13 August 2008 with the following: ‘That Councillors attend an onsite inspection and refer the matter to a future Planning and Development Committee Meeting.’ 2.0 Previous Report A copy of the previous report on the application follows. 1.0 INTRODUCTION 1.1 The Proposal The application seeks approval for a material change of use to establish a Warehouse having a gross floor area of 499m2 to be erected on the land. A separate office/administration building having a gross floor area of 144m2 is to be sited in front of the Warehouse. It is proposed to be positioned 15 metres of the western boundary of the site. Provision is to be made for off street parking for nine (9) vehicles. Six (6) staff are estimated to be employed. No retailing will be carried out from the site as it is the intention to store specialised tools and building industry products for wholesale sale.

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1.2 The Site The site has an area of 2.023 hectares and frontage to East Deep Creek Road of 118.84 metres. The land is developed with a dam and two (2) storey timber dwelling with associated small outbuildings and slopes from the rear of the property downwards to the road frontage. 1.3 Surrounding Land Uses To the north west of the property are the buildings and associated infrastructure of Nolan’s Meat Works and to the south west of the subject site is a Gold Processing Plant. Most lots within the immediate are of the development site contain residences. An application is currently being processed for a tow company depot and holding yard over a site to the east, which is yet to be decided. An existing dwelling is situated on the adjoining site to the west, within close proximity to the dwelling on the adjoining site. The site is largely cleared with some existing stands of mature trees along the East Deep Creek frontage and at the rear of the lot. Council in the past has approved industrial uses in Flood Road based on existing uses in the area and acknowledging the shortage of available zoned industrial land. The development site’s proximity to this area is shown in the map below.

Flood Road

Development Site

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2.0 STATUTORY REQUIREMENTS 2.1 State Planning Policies State Planning Policy 1/92 – Development and Conservation of Agricultural Land applies as the land is identified as Class B, Good Quality Agricultural Land. It is considered that the subject site is too small for any productive farming and property values would preclude the amalgamation with adjoining land to create viable farming units. 2.2 Planning Scheme Provisions The subject land is included in the Rural Zone within the Cooloola Planning Scheme and a warehouse is code assessable. The following codes apply to the assessment of the application.

• Gympie Planning Area Code; • Erosion and Sediment Control Code; • Infrastructure Works Code; • Landscaping Code; and • Vehicle Parking and Access Code.

Gympie Planning Area Code The proposed warehouse development is a defined use under the code but is an inconsistent use in the Rural Zone. The applicant submits the following grounds in support of the application despite its inconsistency. “The proposal will have no more impact on the amenity of the area than does existing approved industrial activities in the immediate area. The proposed use is unlikely to generate levels of traffic that would adversely impact on the area.” The applicant submits that the proposed development will have no more impact on the amenity than existing approved industrial activities. Council’s planning scheme accommodates the location of some industrial uses within the rural zone, based on the inappropriateness of some uses within the built up area and also their need for large areas (and potential buffers). The warehouse use proposed is defined separately to industry and is not considered by the scheme as suitable for rural zoned sites. The warehouse proposed is not considered excessively large to preclude its location on a site more suitably zoned and closer to the urban area. Additionally, approval of the proposal could pose difficulties for Council in limiting its scale should future application/s be submitted for expanding the use. As previously indicated Council in the past has allowed industrial activity within Flood Road given the current shortages of industrial zoned land elsewhere. Strategically this area is currently under consideration for expansion of industrial land as part of the industrial strategy being prepared.

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It is difficult to pre-empt any likely recommended boundary for an expanded industrial zone, however the possibility of the development site being contained within such a boundary is not unlikely. • Appropriateness of the proposal at the locality. No argument has been put forward by the applicant that the proposed

development is unable to be located on an alternative site more suitably zoned to justify the inconsistency posed by the planning scheme.

• Traffic This section of East Deep Creek Road has a vehicle speed capacity of 100kph

and resulting vehicle movements to this site and any further similar development in the future would create additional undesirable traffic for this section of East Deep Creek Road that may conflict with residential traffic.

The proposed development generally complies with other components of the Code. Erosion and Sediment Control Code Issues relevant to this code can be adequately controlled/managed through any building and/or operations permit stage. Infrastructure Works Code Adequate infrastructure is available to the site or able to be upgraded to meet the needs of the proposed development. Landscaping Code Adequate area exists within the site for the proposed development to provide landscaping in accordance with the Code. Vehicle Parking and Access Code Schedule 10 of the Planning Scheme stipulates car parking to be provided at the following rates for warehouse developments. 2 spaces per tenancy plus 1 space per 100m2 of GFA 2 spaces + (643.2m2 ÷ 100m2) = 8.4 spaces Off street parking required is 9 spaces, provision has been made for 9 spaces on the submitted plans one of which one (1) is to be allocated for people with a disability. The layout design complies with Australian Standard. As previously indicated concern is raised from a traffic viewpoint that, given the classification of East Deep Creek Road (Sub-Arterial) the additional traffic generated by the proposed warehouse development is not conducive with the traffic environment for rural roads.

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3.0 PLANNING CONSIDERATIONS 3.1 Amenity The proposed warehouse and office are located close to an existing residence on the adjoining property and any approval should incorporate substantial screening to protect the amenity currently experienced by this dwelling. The anticipated traffic and associated noise are considered more adverse impacts to the area than any visual impacts. 3.2 Appropriateness of the Land Use See comments under Planning Area Code Assessment. 3.3 Future Needs of Locality The applicant does not demonstrate that the proposed development is unable to be located on an alternative site more suitably zoned to justify the inconsistency within the rural zone or justify future needs for such a facility. 3.4 Site Contamination The land is not contained in the Contamination Register. 3.5 Flooding The subject site is slightly impacted by 1 in 50 year flood event. Proposed buildings are sited above 1 in 50 year flood levels. 3.8 Bushfire The land is not located in a bushfire hazard area. 3.9 Traffic The proposal estimates approximately 10 additional traffic movements to be generated by the development per day. This would be in addition to the existing residence on site. A road contribution and suitably constructed internal access roads should be conditioned on any approval issued.

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4.0 CONSULTATION 4.1 Internal (a) Department of Engineering Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the information submitted by the applicant to construct a warehouse at 230 East Deep Creek Road, East Deep Creek and use the existing dwelling as a caretaker’s residence. ENGINEERING COMMENTS The proposed development is located on a section of East Deep Creek Road classified as a Sub-Arterial road and also within the 100km/h zone. Given the classification and speed zone of this section of the road, the additional traffic generated by the warehouse development and accessing East Deep Creek Road is not conducive with the traffic environment for rural roads. Therefore it is considered a spot industrial use is premature at this location. (b) Department of Health & Community Services Conditions have been provided for inclusion in an approval. 5.0 PUBLIC CONSULTATION Due to the level of assessment for the application formal public notification of the proposal was not required. However as the activity is inconsistent under the Planning Scheme adjoining property owners were notified and given the opportunity to view the proposal. They were also advised that any submissions do not attract appeal rights to the Planning & Environment Court. One submission was received and grounds for objection are listed below. Submitter Issues Staff Comments 1. Impact on amenity 2. Shed will be approximately 40

metres from dwelling with no acceptable noise mitigation.

3. Ten (10) vehicles per day “equal to

a similar level of traffic generation to a dwelling” – does not consider movements include trucks on a regular basis.

The submitters reside on the adjoining site, that being most affected by the proposed use. The proposed buildings will be highly visible from their house and no appropriate means are considered available to alleviate this impact. Council’s Engineering Department advised – “Given the classification and speed zone of this section of the road, the additional traffic generated by the warehouse development and accessing East Deep Creek Road is not conducive with the traffic environment for rural roads..

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4. The site is not too small for any form of productive farming activities

5. The industrial activities are far

enough away to have a limited effect on this area and do not lend credence to the proposal.

6. Security lighting will adversely

impact on the area. 7. The proposed warehouse is of a

scale far larger than the adjoining rural property holdings.

8. Reference to other industrial

activities – have these activities received Council approval.

The land is classified as Class “B” Good Quality Agricultural Land and has an area of 2.023 hectares which is unlikely to be agriculturally sustainable and economically viable. Agree – current zoning does not consolidate these activities or consolidated expansion \. Relevant issue if lighting is installed. Agreed. The proposed 500m2 warehouse and associated office is considered out of scale with other development in the immediate area and will result in acceptable impacts on an existing residence. To the east of the subject site Council has received a MCU application for a Transport Depot & Vehicle Storage Yard which has not been finalised.

5.0 CONCLUSION The proposed warehouse and office has no particular attributes that warrant its location in a rural zone. Whilst other industrial developments exist and have been supported in the Flood Road area, this site is somewhat removed from that and could be argued to be intruding in an area that is more residential in nature. The site is largely cleared and is adjacent to an existing dwelling that will be unacceptably impacted upon by the development. The proposal is recommended for refusal.’ 3.0 Further Submissions On 8 January 2009 the following letter was received from the submitter to the application: ‘I refer to our letter dated 7th April and our objection to the development noted above. Since writing, we have been approached by the owner of the property and his representatives and as a result have softened our position on the project and believe that our objection can be overcome if appropriate conditions are met.

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From our discussions we understand that • The operation is a family run niche business with most sales being conducted

away from the premises and delivery made by the owners. • No large signs are intended which may spoil the rural outlook we enjoy. • Activities will be conducted inside the shed screening the business from our

property and reducing the noise we would experience. • A privacy fence will be constructed between the shed and our home of an

agreed construction and distance along the boundary. We assume that this fence would be completed before the construction began. Providing this information is correct, we withdraw our objection to this project, and look forward to a mutually beneficial conclusion.’ The letter received from the applicant’s consultant on 3 February 2009 is included as Attachment 1. 4.0 Assessment Information attached to the latest submission indicates the proposed business involves buying and distributing scaffolder’s and rigger’s tools and equipment. Approval of a Warehouse would not permit retail sales from the premises and whilst the proposal as intended by the applicant may be restricted in traffic movements and impacts on nearby properties, a subsequent owner of the land could utilise the approval for other purposes fitting of the Warehouse definition. The proposed Warehouse building is 499m2 and an additional office/staff amenities building of 144m2 is intended and whilst it is acknowledged the applicant’s intention is low traffic generation and minimal impact, subsequent owner’s of the property could use an approval for a greater scale and still comply with the Warehouse definition. Previous comments in relation to the scale of this industrial use and its inconsistency with the planning scheme remain relevant. Additionally, the application makes no argument for the specific need for the use at this location, other than a asserted difficulty with finding land elsewhere. It would be desirous to obtain the preliminary recommendations of the Industrial Land Strategy prior to agreeing to further industrial development at this location. For the reasons outlined above, the original recommendation presented to Council follows.

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Recommendation: (Director of Planning & Development – M. Hartley) Recommend that Council, as Assessment Manager, REFUSE development application DA18282 for Material Change of Use – Warehouse over Lot 2 MPH23409 located at 230 East Deep Creek Road, East Deep Creek for the following reasons. 1. The development conflicts with Council’s planning scheme and sufficient

grounds have not been submitted to warrant approval. 2. The proposed warehouse has no specific locational requirements that warrant

approval outside the appropriately zoned areas. 3. The development will result in unacceptable amenity impacts on nearby

residences. 4. The development would generate unacceptable traffic onto East Deep Creek

Road. 3.0 Further Assessment On 25 September 2009, correspondence received from the applicant requested Council re-activate its assessment of the proposal. This was following a meeting with the Director of Planning and Development and also the availability of the Gympie Region Industrial Land Strategy. The Strategy includes the development site within ‘Area of Interest F’, being the Flood Road/Noosa Road area. Five (5) other ‘areas of interest’ are identified in the Strategy, with a total area of potentially suitable land of approximately 7 040 hectares. Only 143 to 190 gross hectares of additional industrial zoned land is projected (to 2026) to be needed within the Gympie Region. The report indicates the public release of information in the Strategy to be premature given that more detailed and site-specific investigations are required to confirm the suitability of the sites and areas for industrial development. It is still considered too early to be supporting industrial developments within any of the identified areas, given: • the amount of land allocated and not all of it able to be appropriately

zoned in the next planning scheme; and • the unknown infrastructure requirements for any of the areas, and

Council’s resultant inability to be able to equitably condition approvals at this stage (ie the adequacy of East Deep Creek Road to cater for large scale industrial expansion and the required standard).

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4.0 Conclusion For reasons outlined in the report, staff’s original recommendation is presented.

P32/10/09 Moved: Cr G.L. Engeman Seconded: Cr D.R. Neilson Recommend the Director of Planning and Development be requested to provide approval conditions to a future Planning and Development meeting.

Carried. 2/3 2009-0218 – Material Change of Use – Multi-Residential (Second Dwelling) –

14 Watt Street, Gympie – A. Richards

FILE: Minute: P33/10/09 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

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

Dwelling) previously reported for Council’s consideration; • Council was not supportive of the proposal and resolved to hold the

application pending submission of a redesign of the building reducing its scale, bulk mass and height;

• Applicant met with staff and Councillors in relation to Council’s resolution; and

• Applicant submitted amended plans and seeks more direction from Council as to what may be considered acceptable.

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 Introduction This application was previously reported to Council’s Planning and Development Committee Meeting held on 2 September 2009, where it was resolved vide minute P14/09/09 to: ‘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.’ The applicant’s met with Council staff and Councillors on 29 September 2009.

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It was suggested at this meeting that amended plans could be presented back to Committee for discussion, and further direction sought from Council as to what would be considered acceptable on the site. 2.0 Previous Report A copy of the previous report is reproduced below for Councillors’ benefit. 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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 Site

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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.

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No recommendations have been provided indicating potential amendments to the application. 3.0 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. Recommendation: (Director of Planning & Development – M. Hartley) Recommend that Council, as Assessment Manager, APPROVE development application (2009-0218) for Material Change of Use – Multi-Residential (Second Dwelling) over Lot 1 MPH5491 located at 14 Watt Street, Gympie subject to the following conditions: Conditions to be satisfied prior to the commencement of the use 1. The development shall be generally in accordance with the plans submitted

with the application (Plan Nos. SK0901/1, SK0901/2 and SK0901/3 drawn by Alan Richards Design and dated 11/02/09) except for the following amendment:

(a) maximum building height as defined by the planning scheme is to be a maximum of 8.5 metres.

2. The development herein approved may not start until: (i) The following development permits have been issued and complied with

as required - (a) Development Permit for Building Work Note: Council will be a concurrence agency for this application

and assessment against the State IDAS Code in the Queensland Heritage Regulation 2003 will apply which may necessitate further design changes.

(b) Development Permit for Operational Work (Access Works). 3. The access point for the proposed dwelling off Bone Lane is to be constructed

to a 3.0 metre wide bitumen seal standard from the existing seal in Bone Lane to the boundary of Lot 1 on MPH5491.

4. A contribution is to be paid to Council towards the provision of footpaths in

the general area. The amount is currently assessed at $284 but will be based on Council’s policy and the rate applicable at the time of payment.

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5. Two (2) carparking spaces are to be provided for the new dwelling with access off Bone Lane.

6. Car parking and access areas shall be sealed pavement and designed, drained,

constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

7. A contribution is to be made towards water supply Headworks in accordance

with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $570, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

8. A contribution is to be made towards Sewerage Headworks in accordance

with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $3 205, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

9. Connection is to be made to Council’s existing Water Supply and sewerage

reticulation systems at no cost to Council in accordance with a development permit for plumbing and drainage work approving the required plans and specifications for such works.

10. In accordance with Planning Scheme Policy 13: Urban Road Contributions a

contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $3 502, however the actual amount payable will be based on Council’s Policy and the rate applicable, at the time of payment.

11. A contribution of $850, is to be paid to Council towards the provision of street

lighting in the vicinity of the site. 12. Undertake at no cost to Council, the alteration of any public utility mains (eg.

Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

13. Approved refuse containers are to be provided and maintained in accordance

with the Environmental Protection (Waste Management) Regulation 2000 and kept in an imperviously paved area with a suitably screened enclosure to the satisfaction of Council’s Chief Executive Officer.

14. The existing water service is to be upgraded and separate water meters for

each residence provided immediately within the Watt Street frontage. 15. A common house drain to the existing sewerage connection is to be provided. 16. Roof water is to be collected on site and is to be discharged into kerb and

channel in Watt Street utilising kerb adapters.

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3.0 Applicant’s Further Submission The following letter and draft amended proposal plans were received from the applicant on 12 and 13 October 2009: ‘Further to your letter of 11/9/2009 following Council’s General Meeting on 09/09/2009 requesting a re-design of the proposed residence to reduce its scale, bulk, mass and height, I subsequently attended a meeting with your planner, Tania Stenholm and two of the Councillors from the planning committee and it was agreed that I submit a revised design addressing their concerns. I have attached this revised design detailing the proposed changes. The new design reduced the building height by 600mm to become 7.8m, the general layout of bulk and mass has been altered by reducing the width of the building by 500mm and by deleting some elements including upper level balcony on the Northern side of the building and replacing it with a single level veranda roof, the stairwell roof has also been lowered on this side to 4.8m and front height is now 5.4m. The roof line changes considerably compared to the original design thereby softening the impact to surrounding properties. The new placement and size of windows increases the privacy to the immediate neighbouring properties. The side and front boundary setback is increased by 500mm. I trust this new design now addresses Council’s concerns and I look forward to a favourable outcome to this application.

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The applicant has indicated a willingness to make the following amendments: • delete balcony from bedroom 1 on upper storey, facing adjoining

property to the north; • lower stair roof line on northern façade; • reduce building width in the vicinity of 0.5 – 1 metre; and • modify roofline to reduce overall building height to 7.8 metres. 4.0 Conclusion Council direction is sought in relation to the proposed amendments and an indication to the applicant as to what may be considered acceptable development on the site.

P33/10/09 Moved: Cr R.J. Dyne Seconded: Cr G.L. Engeman Recommend that Council, as Assessment Manager, APPROVE development application (2009-0218) for Material Change of Use – Multi-Residential (Second Dwelling) over Lot 1 MPH5491 located at 14 Watt Street, Gympie subject to the following conditions: Conditions to be satisfied prior to the commencement of the use 1. The development shall be generally in accordance with the plans

submitted with the application (Plan Nos. SK0901/1B, SK0901B drawn by Alan Richards Design and dated 7/10/09).

2. The development herein approved may not start until: (i) The following development permits have been issued and

complied with as required - (a) Development Permit for Building Work Note: Council will be a concurrence agency for this

application and assessment against the State IDAS Code in the Queensland Heritage Regulation 2003 will apply which may necessitate further design changes.

(b) Development Permit for Operational Work (Access Works).

3. The access point for the proposed dwelling off Bone Lane is to be

constructed to a 3.0 metre wide bitumen seal standard from the existing seal in Bone Lane to the boundary of Lot 1 on MPH5491.

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4. A contribution is to be paid to Council towards the provision of

footpaths in the general area. The amount is currently assessed at $284 but will be based on Council’s policy and the rate applicable at the time of payment.

5. Two (2) carparking spaces are to be provided for the new dwelling

with access off Bone Lane. 6. Car parking and access areas shall be sealed pavement and designed,

drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

7. A contribution is to be made towards water supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $570, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

8. A contribution is to be made towards Sewerage Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $3 205, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

9. Connection is to be made to Council’s existing Water Supply and

sewerage reticulation systems at no cost to Council in accordance with a development permit for plumbing and drainage work approving the required plans and specifications for such works.

10. In accordance with Planning Scheme Policy 13: Urban Road

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $3 502, however the actual amount payable will be based on Council’s Policy and the rate applicable, at the time of payment.

11. A contribution of $850, is to be paid to Council towards the provision

of street lighting in the vicinity of the site. 12. Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

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13. Approved refuse containers are to be provided and maintained in

accordance with the Environmental Protection (Waste Management) Regulation 2000 and kept in an imperviously paved area with a suitably screened enclosure to the satisfaction of Council’s Chief Executive Officer.

14. The existing water service is to be upgraded and separate water

meters for each residence provided immediately within the Watt Street frontage.

15. A common house drain to the existing sewerage connection is to be

provided. 16. Roof water is to be collected on site and is to be discharged into kerb

and channel in Watt Street utilising kerb adapters. Carried. 2/4 2009-0009 – Material Change of Use – Multi-Residential (Fifteen (15)

Townhouses) – 57 & 59 Musgrave Street, Gympie – K. Silich

FILE: Minute: P34/10/09 2009-0009 APPLICANT: K. Silich LANDOWNER: F. J. Cole & K. E. Silich RPD: Lot 2 SP203832 & Lot 1 MPH6460 SITE: 57 & 59 Musgrave Street, Gympie PROPOSAL: Material Change of Use – Multi-

Residential (Fifteen (15) Townhouses) EXISTING ZONE: Housing PREFERRED USE AREA: Mixed Housing PLANNING AREA: Gympie OVERLAYS: Character Streetscape LEVEL OF ASSESSMENT: Impact TOTAL SITE AREA: 4 038m2

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KEY POINT SUMMARY • Material Change of Use application for Multi-Residential (Fifteen (15)

Townhouses); • Site zoned Housing and within the Mixed Housing Preferred Use Area,

adjoining other residential blocks along Musgrave Street; • Sites currently have one (1) dwelling house located on each, and one (1)

domestic outbuilding on Lot 1 MPH6460; • Referred to Council’s Heritage Advisory Committee for comment; • Recommended for approval subject to standard conditions.

Report: (Planning Officer – M. K. Matthews) 1.0 INTRODUCTION 1.1 The Proposal This application seeks to locate fifteen (15) townhouses on two existing allotments. A new access point is proposed on Musgrave Street for the proposed new two (2) bedroom units.

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1.2 Site Description The topography of the site slopes gently at approximately 11% towards the north-western boundary of the subject site. The subject site is currently improved by one (1) existing dwelling house on each allotment and one (1) domestic outbuilding on Lot 1 MPH6460.

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1.3 Surrounding Land Uses Surrounding land uses are entirely for housing purposes. 1.4 Site History Approval was granted by Council to remove the existing dwellings that trigger the Character Streetscape assessment from site to allow for the construction of the new townhouses. 2.0 PLANNING SCHEME REQUIREMENTS The application was lodged under the Cooloola Shire Planning Scheme 2005. The application is Impact Assessable development in the Housing Zone, and subject to assessment under the entire Planning Scheme. The most relevant codes for assessment are the Gympie Planning Area Code, Multi-Residential Code, Erosion and Sediment Control Code, Infrastructure Works Code, Landscaping Code and the Vehicle Parking and Access Code. The land is currently zoned Housing and is in the Mixed Housing Preferred Use Area within the Gympie Planning Area.

The Musgrave Street frontage of the subject site is identified as being part of a Character Streetscape. The relevant assessments have been undertaken as part of this report. 2.1 Gympie Planning Area Code The proposal complies with all relevant requirements in the Gympie Planning Area Code for Multi-Residential development in the Housing zone. 2.2 Multi-Residential Code

The size and scale of this development is consistent with Planning Scheme requirements. Site coverage for the development is approximately 22%, which is below the maximum nominated by Probable Solution 2 in the scheme of 40%.

Plot ratio is indicated as being 0.43 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 269m2 in this proposal. As site coverage and plot ratio provisions comply, it is considered that the scale of this development is acceptable. The siting of this development is appropriate. The site is not subject to bushfire hazard and the floor levels are above minimum requirements.

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The building articulation of this proposal is considered sufficient, as there are five (5) separate blocks of buildings which are also stepped along the side boundaries of the subject site. The wall along the Musgrave Road frontage is no longer than eight (8) metres in one plane, below the maximum prescribed of fifteen (15) metres.

All units can provide a minimum 35m2 of private open space. There are 18m2 terraces and verandahs incorporated into each, and although it is not specifically outlined what areas on proposal plans are to be used for private open space, there are private courtyards within proximity to each dwelling to achieve the desired outcome. The specific outcome states that private open space should, in addition to being of a suitable area, also be of a suitable dimension. The private open space areas of these units are sectioned and private, therefore it is considered possible for this outcome to be achieved. Communal open space areas are not indicated within the proposal plan or the accompanying report. There is a logical area located at the rear of the site near a dedicated car parking area. It is suggested that Council impose a condition requiring a communal open space to be provided at a rate of 0.2m2 per square metre of Gross Floor Area, equalling approximately 348m2. Screening of the communal open space should be required and appropriate conditions have been included in the recommendation. 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 nominated on the proposal plans, and ample room exists to provide for these services. This will be required to be in accordance with Council’s rating policy and an appropriate condition has been included in the recommendation. The issue of wheelie-bins for large scale unit developments has recently been raised with Council in association with a Myall Street development. As a result, Council has instructed staff to prepare a report on the matter addressing the issue and investigating the potential option of requiring a bulk bin service. In this instance however, thirty (30) wheelie-bins will be required. The bins are able to be appropriately accommodated within proximity to the boundary and no traffic safety issues are raised with having the bins placed on Musgrave Street for collection. Being stored close to the road frontage, it is anticipated bins will be removed from the road soon after collection, but this will be the responsibility of individual tenants. Maximum height prescribed for this development is 8.5 metres or two storeys. The proposal is two storeys with an indicated maximum height of approximately 7.73 metres on the proposed elevations.

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The building achieves minimum setbacks in accordance with the planning scheme provisions for multi-residential development. Structures should be a minimum of 6.0 metres from front boundaries. Side and rear boundary setbacks are well in excess of requirements. The rear boundary setback is 2.5 metres from the rear wall of Unit 15, and coupled with the requirement for landscaping, it is anticipated that any amenity concerns will be satisfactorily dealt with. 2.3 Erosion and Sediment Control Code An approval condition requiring the preparation of a Construction and Operational Erosion and Sediment Control Plan will be imposed. 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 a single car park for each unit via a garage to be attached to the units at ground level. Eight (8) visitor car parking spaces are proposed throughout the development site. There is one (1) space proposed at the front of Blocks A, B, C, D and E and a dedicated three (3) bay car parking area to the rear of Block B in front of what looks to serve as the communal open space area. This satisfies the need for one (1) car parking space per dwelling and seven (7) visitor car parking spaces. 2.7 Heritage and Character Code

The proposal was referred to Council’s Heritage Advisory Committee for comment. It is considered relevant by Council that the proposal incorporate architectural features that preserve the existing streetscape of Musgrave Street. This has been considered by the applicant.

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The Heritage and Character Code outlines several design elements for new buildings on premises, which are outlined as follows: (i) have a generally rectangular floor plan with sides parallel to the

property boundaries – The front façade of the units are parallel to the property frontage, however to incorporate a rectangular floor plan, the design has had to be stepped along the angular side boundaries. The design has complied to the greatest extent possible in this regard, and the most important element, as the overlay is for Character Streetscape has been considered.

(ii) are setback from the street frontage a distance which is within 20% of the average setback of existing pre-1946 house in the street block in which the site is located – The majority of houses are approximately 7.5-8.0 metres setback from the property frontage. The proposal is to be setback 6.0 metres in accordance with Planning Scheme requirements. It is not anticipated that the setback will impact on existing dwellings.

(iii) have side setbacks within 20% of the average setbacks of existing pre-1946 houses in the street block in which the site is located – The majority of dwellings along Musgrave Street are located on allotments where the dwelling take sup a majority of the street frontage. The proposal is to be setback in accordance with Planning Scheme requirements. It is not anticipated that the setback will impact on existing dwellings.

(iv) use accentuating design features including verandahs, balconies, awnings and differing wall plane setbacks that show where floor levels change – There are patios and balconies incorporated into each unit. The design is also stepped which differs wall plane setbacks along the side boundaries.

(v) incorporate pre-1946 primary roof forms that are found in the street block in which the site is located – A condition is included within the recommendation incorporating specific architectural elements.

(vi) reflect the scale of buildings found in the street block in which the site is located by having an eaves height within 1000mm of those adjoining buildings – The proposal is for two (2) storey townhouses. There is a mixture of single and two (2) storey dwellings in the immediate locality.

(vii) provide articulation to facades at intervals of between 3 and 5 metres through verandahs, gables and window arrangements – A condition is included within the recommendation incorporating specific architectural elements.

(viii) incorporate a symmetrical arrangement of framed door and window openings which are not flush with the external wall of the building; and have vertical proportions; and do not have glazing panels exceeding 1m2; and have either lightweight cladding with horizontal lines, or flush masonry walls; and metal clad roofs – A condition is included within the recommendation incorporating specific architectural elements.

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It is not anticipated that the proposed new townhouses will have any significant adverse impact on the conservation of places of heritage or character significance. It is recommended that a conceptual design of the Musgrave Street elevation be submitted before construction. This is consistent with a previous approval for units in Musgrave Street. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal The proposal is located in the Housing zone in an area appropriate for townhouses. This parcel of land has dedicated frontage to Musgrave Street and proposes a new access point off this frontage. 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. The subject site is also within the Mixed Housing Preferred Use Area. There was one (1) submission received in opposition to the proposed use. This has been addressed below. Privacy from unit development and existing dwelling houses is best maintained through the provision of a fence around the entire property and appropriate landscaping of property boundaries. This is consistent with previous approvals issued by Council and a relevant condition has been included. 3.3 Site Access and Traffic A new access is proposed from a single point on Musgrave Street. The proposed use will generate additional traffic and a contribution towards road upgrading is justified. Design Department comments refer.

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 twenty-two (22) car parking spaces for the development. The proposal complies as provision is made for twenty-three (23) car spaces, with one (1) space provided per townhouse. Eight (8) visitor car parks are proposed.

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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 unit developments. 3.7 Site Contamination The site is not listed on the Environmental Management Register. 3.8 Utilities and Services The site is presently serviced by reticulated water and sewerage and headworks charges are applicable. A credit exists for the dwelling house on site. 4.0 PUBLIC NOTIFICATION The application was advertised for public comment as it is Impact Assessable development under the provisions of Council’s Planning Scheme. One (1) submission was received.

SUBMISSION 1

Issue Comment 1. The property is located within a heritage area and will not be consistent with the existing streetscape.

1. A condition of approval is included within the recommendation that a conceptual design be submitted to satisfy the requirements of the heritage streetscape.

2. Devaluation of nearby properties by allowing townhouses nearby.

2. The site is located within the Mixed Housing Preferred Use Area. Multi-Residential is not identified as an inconsistent use under Planning Scheme Provisions.

3. Children play areas and concerns relating to suitable and safe play areas.

3. A condition is included within the recommendation to impose a communal open space area towards adjacent to Block B.

4. Increase in traffic is unreasonable. 4. Councils Design Department comments refer.

5. Car parking allows for one (1) car per unit plus five (5) visitor car parking spaces which is insufficient.

5. Proposal plans clearly indicate one (1) space via a garage per unit and eight (8) visitor car parking spaces. This exceeds Planning Scheme requirements by one (1) space.

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6. Unit 8 verandah will not provide adequate privacy to adjacent landowners.

6. The proposal complies with minimum boundary setbacks from side and rear boundaries for a building of this height. Landscaping and fencing conditions have also been imposed to provide for amenity concerns.

7. The current dwellings have had a run of problem tenants.

7. Council can not discriminate a land use decision based on demographic circumstances.

8. Refuse storage. The thirty (30) bins will not be aesthetically pleasing.

8. It is included within the recommendation that refuse storage areas be appropriately setback and screened from adjoining property boundaries.

9. The proposed single access/egress point is not acceptable.

9. Council Design Department comments refer.

5.0 INTERNAL CONSULTATION

(a) Design Department Report: (Infrastructure Planning Manager – Antal Laszlo)

This engineering report is based on the information submitted by the applicant

to construct 15 x 3 bedroom units fronting Musgrave Street. TRAFFIC This development will be assessed under the Planning Scheme Policy 13 –

Urban Road Contributions table 13.7 i.e. Medium Density (townhouse, duplex) and the contribution of $24,486.55 (15 Units*$2099.45 - 2 existing lots*3502.60) is justified providing a credit for the existing lots.

FRONTAGE/ACCESS Musgrave Street is fully constructed along the full development frontage

without a concrete footpath. A concrete footpath should be constructed. However a contribution for the concrete footpath of $6739 would be more beneficial to be used in the general area. A driveway over exists along this frontage that should be replaced with kerb and channel including associated roadwork.

The access driveway and car parking is to comply with AS2890.1. WATER AND SEWERAGE The existing sewer main to comply with Councils minimum setback standards. In addition the following will apply: • Headworks Charges to apply for each. • Single point of connection for each.

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• Master meter to be provided with individual meters to each unit.

STORMWATER DRAINAGE The development site falls towards the rear of the lot. Permission from

downstream property owners is to be provided to discharge stormwater into their properties. Stormwater is to comply with Council’s Planning Scheme minimum requirements. The development site is not prone to localised flooding. OTHER SERVICES • All available • Street lighting is inadequate at this location therefore a contribution of $850 is

justified. (b) Heritage Advisory Committee The application was referred to Council’s Heritage Advisory Committee as part of the assessment process. The previous assessment against the Heritage and Character Code relates.

(c) Health & Environmental Services

Council’s Health requirements have been included in the recommendations of this report. 3.0 CONCLUSION The application proposes a Material Change of Use for Multi-Residential (Fifteen (15) Townhouses) on an allotment at 37 and 39 Musgrave Street, Gympie, formally described as Lot 2 SP203832 and Lot 1 MPH6460. The proposal is consistent with the zoning, the intent of the Mixed-Housing Preferred Use Area and majority of provisions of the Planning Scheme. Where there is inconsistency with a Code provision, it can be justified or resolved through a condition.

The application is recommended for approval, subject to conditions detailed in the recommendation and as explained in the report.

P34/10/09 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett Recommend that Council, as Assessment Manager, APPROVE development application 2009-0009 for a Material Change of Use – Multi-Residential (Fifteen (15) Townhouses) over Lot 2 on SP203832 and Lot 1 MPH6460 located at 37 and 39 Musgrave Street, Gympie, subject to the following conditions:

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Assessment Manager’s Conditions

Section 1 Conditions to be Satisfied Prior to the Commencement of the

Approved Use

1.1 The development herein approved may not start use until: (i) the following development permits have been issued and

complied with as required – (a) Development Permit for Building Work; (b) Development Permit for Plumbing and Drainage Work; (c) Development Permit for Operational Works (Site Works,

Access Driveway, Car Parking Bays and Stormwater Drainage); and

(ii) development authorised by the above permit has been completed to the satisfaction of Council’s Chief Executive Officer.

1.2 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $31,333, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

1.3 Contribution is to be made towards Sewerage Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $66,768, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

1.4 In accordance with Planning Scheme Policy 11: Urban Roadworks

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $24,487, however will be indexed annually from the date of this approval in accordance with ABS ANZSIC Index Class 4121.

1.5 Prior to commencement of the use the following items are to be

provided in accordance with the Environmental Protection (Waste Management) Regulation 2000 and all to the satisfaction of Council’s Chief Executive Officer:

(i) approved refuse containers; (ii) a centralized refuse storage enclosure comprising an

imperviously paved area provided with a hose cock and hose; and

(iii) drainage designed to prevent stormwater entering Council’s sewer.

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1.6 The number and type of refuse containers provided on-site is to be

determined in accordance with Council’s Rating Policy. 1.7 Servicing of refuse containers is to be at a location approved by

Council’s Chief Executive Officer. 1.8 Landscaping shall be undertaken in accordance with an approved

landscaping plan and include a minimum 2 metre strip along side and rear boundaries and a minimum 2 metre, averaging 3 metre strip along road frontages. The landscaping is to incorporate trees, shrubs and grasses.

1.9 (i) The applicant is to submit a properly prepared Landscape Plan

demonstrating compliance with Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.

(iii) The landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times, including the strip of land along the north eastern boundary of the site, between the rock retaining wall and the property boundary.

1.10 A 1.8m high acoustically treated timber (or other material as

approved by Council) fence is to be erected along the northern, eastern and western boundaries.

1.11 Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems at no cost to Council in accordance with a development permit for Plumbing and Drainage Works approving the required plans and specifications for such works. If subdivision of the units is proposed, installation of separate connections and meters to each unit will be required.

1.12 A master water meter shall be installed to service the full

development with individual meters installed to service each unit to the satisfaction of Council’s Chief Executive Officer.

1.13 Provide at least twenty-three (23) off-street car parking spaces

(including access and manoeuvring areas), comprising fifteen (15) resident parking spaces and eight (8) visitor parking spaces.

1.14 All lots that form part of this Development Application are to be

amalgamated in Title. Such amalgamation does not require development approval.

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1.15 A contribution of $850 is to be paid to Council towards the provision of street lighting in the vicinity of the site.

1.16 Obsolete driveways are to be removed and replace with kerb and

channel to Council’s Standard Drawing R-09. SECTION 2.0 Conditions Relevant to the Issue of a Development

Permit for Operational Work 2.1 Roof and surface water is to be collected on site and is to be

discharged through an underground drain line into Commissioners Gully to the satisfaction of Council’s Chief Executive Officer, and subject to compliance with condition 2.7.

2.2 The method of treatment of stormwater runoff from and through the

site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

2.4 Car parking and access areas are to be constructed with “sealed”

pavement and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

2.5 Access to the proposed development to be constructed in accordance

with the requirements of Council’s Infrastructure Works Code – Drawing No. R-05.

2.6 Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Planning Scheme.

2.7 (i) Provide Council with written permission from relevant

adjoining landowners to discharge/accept concentrated stormwater onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

2.8 Easements or reserves for drainage purposes are to be surveyed and

registered in favour of the downstream/upstream property at no cost to the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

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2.9 Any plans for operational works, water supply and sewerage works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

2.10 Replace the existing driveway crossover with kerb and channel to

match existing as per Council’s Drawing R-09 including associated roadwork’s required to match the adjacent existing profile.

SECTION 3.0 General Conditions of Approval 3.1 (i) The development shall be generally in accordance with the

approved plans submitted with the application (Plan No. 08-999 Number 1 of 4 (Site Plan) drawn by Cooloola Drafting and dated 24/11/08; and Plan No. (Untitled) No. 6 of 7 (Typical Elevations) drawn by Cooloola Drafting and dated 6/07/2009), except for the following amendment: (a) Incorporate additional architectural features to the

southern elevation of the development to achieve adequate presentation to the Musgrave Street road frontage.

(ii) Prior to lodging a development application for Building Work three (3) copies of amended development plans showing the above modification shall be submitted to Council for consideration and approval.

3.2 Common letter boxes are to be provided to the satisfaction of

Council’s Chief Executive Officer.

3.3 Undertake at no cost to Council, the alteration of any public utility mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

3.4 All appliances and equipment including air conditioner units shall be

installed and/or housed so as to prevent the emission of unreasonable noise.

3.5 Any lighting on the site is to be angled or shaded in a manner so that

light does not directly illuminate any nearby sensitive premises (e.g. private residence) causing environmental nuisance.

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3.6 In the event that a valid complaint of unreasonable noise emissions

from the development is received, Council may require the submission of an environmental noise level study and report which complies with Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 1997.

3.7 No earthworks or filling works are to be undertaken prior to the

issue of a Development Permit for Building Works/Operational Works.

3.8 Loading/unloading operations shall be conducted within the site and

vehicles waiting to be loaded/unloaded shall stand entirely within the site.

SECTION 4.0 Notes 4.1 Any filling or other development works undertaken on the site shall be

carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

4.2 Any retaining structures over 1.0m to be certified by a RPEQ registered

structural engineer. 4.3 In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

Carried.

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2/5 MCU177/07 – Representations for Development Permit for Material Change of Use – Motel (10 Cabins) & Caretaker’s Residence – Lot 3 RP197920 – Balkin Street, Gunalda – Barry Lees Re: Minute: P35/10/09 Representations for Development Permit for

Material Change of Use – Motel (10 Cabins) & Caretaker’s Residence - Lot 3 RP197920 – Balkin Street, Gunalda – Barry Lees

From: David Sabiston File: MCU177/07 Date: 25 August 2009

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION Development approval for Material Change of Use for a Motel (10 Cabins) & Caretaker’s Residence was approved on 8 July 2009.

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The applicant suspended their appeal period on 19 July 2009 and lodged representations in relation to one of the conditions of the development permit on 25 August 2009. The condition requested to be reconsidered is outlined below. 2.0 REPRESENTATIONS Representations are submitted in relation to road improvements.

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3.0 ASSESSMENT 3.1 Condition 1.3 (a) Condition 1.3 reads: ‘A contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $8,400, however will be indexed annually from the date of this approval in accordance with ABS ANZSIC Index Class 4121.’ (b) Applicant’s representations: ‘The proposal seeks to provide overnight accommodation for passing traffic using the Bruce Highway. Users will ideally divert off the Highway into the site late afternoon and will leave the site the following morning with the view to continuing their journey (north or south) on the Bruce Highway. It is unlikely that any travellers will approach or leave the site using the existing road system administered by the Gympie Regional Council. However, it is conceded that some travellers (say 5%) will actually use the existing road system and on this basis I am authorised to offer Council a contribution of 5% of the requested contribution (ie $420.00). (c) Assessment The contribution was recommended based on the Tiaro Shire Council’s road contribution of $1 500 per additional rural residential lot (ie 10 trips per day), and the accepted traffic generation rate for each motel unit of 4 trips per day. The 150 metres of Balkin Street that will be used by visitors to access the Bruce Highway is conditioned to be upgraded by the applicant, therefore a contribution towards local roads could only really be justified based on trips to local facilities, such as the Gunalda Hotel (~970 metres away) and the local shop (~1.06km away). The exact percentage of trips generated on local roads is difficult to estimate, but as a guide developments within former Cooloola Shire area were normally allocated a 50% reduction on road contributions if they fronted a State controlled road.

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3.2 Conditions 1.2 and 3.2 (a) Condition 1.2 reads: ‘(i) The development shall be generally in accordance with the plan

submitted with the application Plan No LEES001-09-07 drawn by David Sabiston and dated 01/09/07.’

(ii) The layout of the development as shown on the endorsed development plan is not to be altered or modified unless previously approved by Council’s Chief Executive Officer.’

Condition 3.2 reads: ‘The development shall be generally in accordance with the plan submitted with the application (Plan unnumbered unauthored and undated).’ (b) Applicant’s representations: ‘1. Condition 1.2 incorrectly refers to the original plan submitted with the

application and should in fact refer to the amended plan that increased the number of cabins to 14 as per the approval and as submitted with my letter of 26 April 2009.

2. Condition 3.2 refers to an unnumbered and undated plan. Please

confirm that this is the plan submitted with my letter of 26 April 2009 and is the approved plan”.

(c) Assessment The plan approval condition was incorrectly included twice in the decision notice. Condition 1.2 can be deleted accordingly and the plan referenced in 3.2 endorsed as the approved plan, showing the 14 cabins later applied for.

P35/10/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

Recommend that in relation to development application (MCU177/09) for Material Change of Use – Motel (10 Cabins) & Caretaker’s Residence over Lot 2 RP192920 located at Balkin Street, Gunalda, Council issue a negotiated decision notice incorporating the following amendments:

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(i) Condition 1.3 to read: ‘A contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $4 200, however will be indexed annually from the date of this approval in accordance with ABS ANZSIC Index Class 4121.’; (ii) Condition 1.2 to be deleted; and (iii) Plan unnumbered unauthored and undated, received by Council on

29 April 2009, to be endorsed as the approved plan. Carried.

SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 DA13902 – Reconfiguring A Lot – Subdivision to Create 335 Residential Lots

at Groundwater and Lawson Roads, Pie Creek – Integra Pty Ltd FILE NO: Minute: P36/10/09 DA13902 APPLICANT: Integra Pty Ltd LANDOWNER: Little Yabba Droughtmaster Stud Pty Ltd & others RPD: Lot 250 on SP173088 SITE ADDRESS: Lawson & Groundwater Roads,

Pie Creek CURRENT USE OF LAND: Rural PROPOSAL: Reconfiguring a Lot – Subdivision to

create 335 residential lots PLANNING SCHEME: Cooloola Planning Scheme EXISTING ZONE: Rural OVERLAYS/NATURAL HAZARDS: Good Quality Agricultural Land Bushfire Hazard Area Erosion Hazard APPLICABLE CODES: Rural Planning Area Code Reconfiguring a Lot Code

Infrastructure Works Code Landscaping Code

PUBLIC NOTIFICATION: No (Code Assessable) REFERRAL AGENCIES: Department of Natural Resources and

Water Queensland Transport Powerlink

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KEY POINT SUMMARY

• Application for reconfiguring a lot to create 335 residential allotments

previously reported for Council’s consideration; • Decision on the application was held pending further negotiations in

relation to the parks/reserve areas proposed; • Applicant further met with staff and Councillors and addressed the

Planning and Development Committee; • Amended proposal submitted making changes to the road reserves to be

dedicated, and making further justification for the parks/reserve areas proposed;

• Traffic assessment submitted concluding no external intersection upgrading necessary to accommodate the development;

• Original recommendation made for park areas to be consolidated and a district park allocated.

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Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 Introduction This application was previously reported to Council’s Planning and Development Committee Meeting held on 15 July 2009, where it was resolved vide minute P34/07/09: ‘Recommend that in relation to development application DA13902 for Reconfiguring a Lot – Subdivision to Create 334 additional lots over Lot 250 on SP 173088 located at Lawson & Groundwater Road, Pie Creek Council as Assessment Manager, withhold a decision pending the submission of an amended plan deleting the park areas and incorporating all proposed drainage reserves into road dedication.’ Subsequent to the meeting the applicants met with staff and Councillors and did a presentation to the Committee to further present their argument for the layout of the development and the placement of parks. 2.0 Previous Report A copy of the previous report is reproduced below for Councillors’ benefit.

THE SITE

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Report: (Craven Ovenden Town Planning and Manager Development and Compliance – T.M. Stenholm)

1.0 INTRODUCTION This application seeks Council’s approval for Reconfiguring a Lot – Subdivision to create 335 residential allotments over 12 stages at Lawson and Groundwater Road, Pie Creek. The site currently comprises one lot. 1.1 Site Description The development site is located on Lawson Road and Groundwater Road, Pie Creek, approximately 2.5 kilometres from the Groundwater Road intersection with the Mary Valley Road and just over 6 kilometres by road to the Gympie central business district. It is positioned on the fringe of the existing urban developed area on the Southside and is currently unimproved. It has a road frontage to Eel Creek Road of approximately 90m, Lawson Road of approximately 500m and Groundwater Road of 600m. The majority of the site has been previously cleared to facilitate grazing uses, however some areas of significant stands of remnant vegetation remain, along with several dams. The topography is undulating with varying slopes. A cleared easement accommodating high voltage transmission lines crosses the site in the north-eastern corner. 1.2 The Proposal The application proposes a residential subdivision of 335 allotments over 12 stages with lot sizes generally varying from 700m2 to 1,401m2 in area, with some larger allotments, up to 10,190m2 proposed adjacent to the existing easement at the north-eastern corner. Four (4) new parks are proposed off the major collector road through the estate. The development site comprises two (2) small areas of remnant vegetation. In this regard, the Department of Natural Resources and Water has required retention of these areas. The application has been supported by: (i) an Environmental Assessment Report; (ii) a Stormwater Management Plan; (iii) a Water and Sewer Services Assessment Report; and (iv) a Traffic Impact Assessment Report.

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The proposed layout is reproduced below.

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1.3 Surrounding Land Uses Land immediately surrounding the site to the north-east has been approved for a 202 lot urban subdivision with lots ranging in size from 750m2 to 997m2. Land to the south and west is currently used for rural residential purposes while the land to the east remains rural in character and comprises a significant level of vegetation.

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1.4 Request to Modify Application The applicant’s original application involved a rural residential subdivision proposing 54 lots varying in size between 6,000m2 and 9,872m2. By Information Request dated 31 August 2006, Council officers expressed the intention to develop the site for rural residential purposes may not be supported given the site’s proximity to existing urban development. Further to this, the previous owner, who lodged the original application, subsequently sold the property to another developer, Integra Group Pty Ltd (formerly known as Roadcon Pty Ltd), who then lodged an amendment to the application to its current proposal. 1.5 Information Request The applicant was requested to provide information on the following issues: • Provision of a Traffic Assessment Report; • Stormwater management and downstream discharge; • Design criteria for new road intersections; • Road width; • Provision of Stormwater Management Plan; and • Water supply and sewerage infrastructure.

The applicant has provided amended plans which satisfy each of the issues outlined above or the issue can be conditioned, the nature of which is explained in this report. 2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The intent of the rural zone is primarily for rural uses, but the proposal, which is to be fully serviced at the developer’s cost, is considered to represent a logical extension of the urban area given the adjoining approved housing development. 2.2 Compliance with the Planning Scheme Under the Cooloola planning scheme development for the purposes of Reconfiguring a Lot is inconsistent in the Rural zone and is subject to ‘Code Assessment’. The following assessment nevertheless takes the position that the land is effectively in the residential Housing Zone, for the reasons covered in Section 2.2.

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2.2.1 Development Provisions Provisions for residential allotments include: - Minimum 600m2 lot size; - Minimum rectangle of 20 x 15 metre - Minimum road frontage of 20m per allotment; - House sites on slopes no greater than 16%. All lots meet the minimum lot size requirements, with most ranging in size from 700m2 to 1,401m2. Some lots are between 3000m2 and 1.4ha where in proximity to the existing electricity easement. Road frontages for proposed lots are mostly 20 metres with the exception of those in cul-de-sac heads where a lesser standard is considered acceptable given the lot shapes. Hatchet shaped lots are proposed for lots 8, 109, 183, 228 and 296. All of these lots meet the 800m2 minimum for hatchet allotments with maximum 50 metre long handles. As all lots are above the minimum lot size for housing development they are considered to provide reasonable ability for a variety of house sites to be constructed, but given the topography, stormwater management should be given due consideration. 2.3 Local and/or State Planning Policies Current Council mapping suggests the majority of the site contains segments of Good Quality Agricultural Land. The site constraints of slope, drainage, environmental value and its positioning adjacent to approved urban development and existing rural residential development are considered to limit its viability for agricultural purposes. 2.4 Overlays / Natural Hazards 2.4.1 Bushfire Hazard The site is identified as within a Bushfire Prone Area in the relevant advisory map attached to the planning scheme. A preliminary bushfire assessment of the site, modelled by the Wildfire Reduction Action Planning Team has been lodged to support the proposal.

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It is considered that internal and external fire risk to the development site is minimal given the adjoining residential use, the type of existing vegetation within the lot and in the area, the power line easement, perimeter roads and the topography. A number of preventative measures have been incorporated into the subdivision layout. Appropriate fencing, safety setbacks and the aligning of roadways in areas where fire breaks can be formed between allotments and vegetation areas forms part of the proposal. Being residential lots and therefore connected to Council’s reticulated water supply adequate water for fighting purposes is considered available. 2.4.2 Erosion Hazard The site is identified in the Very Low, Low Erosion Hazard, Moderate, High and Very High Areas as per Natural Hazard Map NHM2 (Sheet 2). The Environmental Assessment Report lodged with the application states that unmanaged earthworks on the site are likely to increase erosion and sediment transport on and off the site. The preparation of an Erosion Management Plan is recommended. A condition requiring same will be imposed to reduce any risks associated with erosion hazard. 2.4.3 Conservation Significant Area Two small areas of the site are identified on Overlay Map 4 Sheet 3: Conservation Significant Area as being of Regional Ecosystem Value. In response to this, the applicant has preserved both areas, in their entirety, by including them in two of the four parkland and conservation areas on the site. Through the recommended amendment to the application, these areas are likely to be retained within road reserve or in one (1) of the proposed allotments. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal and Need The area is considered a logical extension of the urban area although perhaps somewhat premature given other existing housing zoned land and current approvals not acted upon. In this regard, the applicant has not provided any assessment of need in relation to the proposed reconfiguration.

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3.2 Impact on Amenity No legitimate amenity concerns are raised by the proposal given the adjoining residential development and likely community expectation for development of this general area. Accepting that the site is suited to urban development, the proposed lot sizes allow for sufficient setbacks from adjoining properties and so permit standards of amenity consistent with an urban locality. The proposal involves a 335 lot subdivision in a rural area. Given the level of development proposed, it is reasonable to concede that some amenity impacts will prevail, though they are likely to be of the nature and intensity commonly associated with urban residential development. In effect, the proposed subdivision is likely to extend the area of impact, but not intensity, of the impacts already contemplated by the approved 202 lot subdivision to the north. In terms of the proposal’s impacts on adjoining rural and rural residential lots to the south and north (excluding the approved Sigma development) a 1.8 metre high timber paling fence (or similar material approved by Council) should be constructed along the entire length of these boundaries. 3.3 Site Access and Traffic Two points of access are proposed to service this development. One access will be from Lawson Road and the other from Groundwater Road, located at either end of the site. An internal collector street is to be established on the site which provides a direct linkage between the two access points. A number of internal access streets and cul-de-sacs extend from this main collector and provide access to individual properties. Traffic calming devices should be provided along New Road A connecting between Groundwater Road and Lawson Road to discourage rat-running. A road connection is provided to the adjoining lots to the south, but not to the north, likely due to the existing high voltage powerline easement which traverses the subject site and adjoining land to the north. Notwithstanding this, adjoining sites all have direct access to suitable roads to service future urban development. Road contributions will be required as a result of the increased traffic generated by this development in accordance with Planning Scheme Policy 13 and currently levied at $3 502 per additional lot.

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A traffic impact assessment prepared by GHD was submitted with the application. The report assesses the following intersections, their ability to accommodate the proposed development and whether any upgradings should occur:

1. Eel Creek Road/Watson Road; and 2. Groundwater Road/Sorensen Road. (3 separate intersections given

existing layout) The report concludes that the development will have no adverse impacts on the future road networks and identified intersections and identifies no necessary upgradings. 3.4 Flooding The site is not known to be subject to flooding. 3.5 Open Space The applicant proposes 4 parks/drainage reserves, 2 of which are specifically for the protection of existing remnant vegetation identified on the site and the other 2 are to be landscaped and provide a more recreational character. Council’s Open Space and Recreation Plan identifies the need in this locality for a future district park. In consultation with Council’s Parks Manager, it is suggested this proposal be amended to consolidate the park areas proposed into one (1) more usable park to meet the requirements for ‘District Park’ classification. This would involve relocation of the park closer to the intersection of the development’s major distributor road with Groundwater Road. The park should additionally be a minimum 2 hectares in area and have good access from roads. The drainage reserves are recommended to be contained within area to be dedicated as road. 3.6 Environmentally Significant Areas The property comprises small pockets of 2003 Remnant Vegetation (Categories 2 & 3) and these areas are proposed to be retained for the purposes of Open Space. The larger of these areas is also to be retained for the purposes of a drainage reserve. The Department has conditionally approved the development with no clearing of the ‘of concern’ vegetation on the site.

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3.7 Need for Increased Community Services and Facilities Queensland Transport, as a Concurrence Agency to the application, has conditioned the design and construction of the major collector road through the estate to accommodate a bus. In addition to this, it is recommended that Council impose a condition requiring the installation of two (2) bus shelters along this route, with plans for such lodged for approval with a development application for operational work. 3.9 Site Contamination The site is not listed on the Environmental Management Register. 3.10 Utilities and Services The site is outside the defined water service and sewerage reticulation areas. Headworks charges are nevertheless applicable with no credits available. Arrangements to connect the development externally to sewerage and water should be finalised prior to the issue of a development permit for operational work for the first stage and include implementation of an infrastructure agreement. 3.11 Pathways A pathway should be constructed along the major collector road running east to west through the estate. The standard contribution towards footpaths should be levied for all lots not fronting a constructed footpath. 3.12 Stormwater As further detailed in the engineering report following, stormwater management will be a key consideration during the detailed design phase of the development. Whilst retention of the existing drainage gully through the site may be a key tool in this management, disposal of stormwater to this area from future sealed roads and building areas must be carefully managed in regards to its quality and velocity. Adequate stormwater measures required to be implemented at the operational works stage will be a high priority in order to ensure bank stability, vegetation and habitat areas are adequately retained.

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4.0 PUBLIC NOTIFICATION The application was code assessable and did not require public notification. 5.0 CONSULTATION 5.1 Internal Report: (General Manager Design Services - R. Chapman) This preliminary engineering report is made in support of alterations deemed necessary to the proposal plan particularly with regard to stormwater drainage and park areas as shown on Drawing No. D-00967-06-E. The Parks Manager has correctly identified the undesirable aspects of having to maintain four separate park and drainage reserves. The drainage reserve / park shown between New Road A and lots 104-109 has a very minor catchment area of 1 hectare and is not required as a drainage reserve. The land is steep at slopes of 1 in 4 and steeper in parts and is therefore totally unsuitable for a park where maximum slopes of 1 in 6 are acceptable. This area would be better utilised for the internal road where an approximate grade of 10% could be achieved and the lot yields increased in this area. A drainage reserve is shown between lots 20 and 21 which includes an area under the high voltage power lines soon to be duplicated. The lots in this area would be better utilised as a major park that would also provide connectivity to the Sigma Developments Land adjoining the north. The overly wide road reserve along the frontage to lots 25, 84 and 85 is not required and can be used to increase lot yield. The park area opposite lots 24 and 56 to 61 has frontage to the through road and is not conducive to safe parking and/or play areas. New Road K is also an overly wide road reserve that includes a small park area and a large drainage reserve area. The most efficient drainage reserve both cost wise and/or lot yield is in the road reserve. The whole length of Road K from lot 224 north needs to be reworked to remove the small park and drainage reserve and thereby increase lot yield. In addition to the drainage and park issues, the number of intersections onto Road A should be reduced by deleting Roads E and F and running the roads east west rather than north south which will also improve the numbers of northerly facing lots.

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5.2 External 5.2.1 Referral Agencies The application required referral to two (2) concurrence agencies, given the remnant vegetation over the site and the number of lots proposed. (a) Department of Natural Resources and Water The Department of Natural Resources and Water has provided conditions restricting clearing within the proposed reserve areas and restricting the location of allotment boundaries within the identified reserve areas. (b) Queensland Transport Queensland Transport has conditioned the approval to design and construct a through road (as shown on the plan following) suitable to accommodate a bus and pedestrian and bicycle network. 6.0 CONCLUSION The application proposes a logical extension of Gympie’s urban area. The development proposes 335 urban residential allotments, new road network and open space areas in the Rural Residential Zone, at the urban/rural residential interface and directly adjoining an approved urban subdivision. The application is supported from a planning perspective, however it is recommended an amendment to the proposal plan be negotiated with the applicant to consolidate the proposed park areas into one (1) district park as suggested by Council’s Open Space and Recreation Plan. Recommendation: (Director of Planning and Development – M. Hartley) (A) Recommend that in relation to development application DA13902 for

Reconfiguring a Lot – Subdivision to Create 334 additional lots over Lot 250 on SP173088 located at Lawson & Groundwater Road, Pie Creek Council, as Assessment Manager, withhold a decision pending further negotiations with the applicant in relation to the lot layout and proposed parkland.

Further, that the negotiations with the applicant indicate: (a) Council’s desire to consolidate the parkland proposed into one (1)

district park that exhibits the following elements: (i) minimum land area of 2Ha with minimum usable recreation

area of 1Ha; (ii) its boundaries include a minimum of 50% road frontage with

opportunity for good access to a car parking area;

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(iii) is located as close as possible to the intersection of the development’s major distributor road with Groundwater Road and has a frontage to the distributor road.

(b) the need to delete all proposed drainage reserves and incorporate them into proposed road dedications.

(B) Following finalisation of the negotiations outlined in (A), the application

again be presented to the Planning and Development Committee for a decision.

3.0 Applicant’s Further Submission The following letter and amended plans were received from the applicant on 31 August 2009: ‘We refer to Council’s letter dated 27 July, 2009 in relation to the above development application and to a subsequent meeting with relevant Council staff held on the 6th of August, 2009 and most recently to a presentation by Integra Group and Martoo Consulting to Council’s Planning and Development Committee on the 19th of August. We thank Council for the opportunity to discuss this application and now formally submit our amended proposal for assessment and make the following comments in relation to the amendments which we consider to best satisfy both Council and Community needs. 1. Amendments to Open Space The proposed drainage reserves containing the Remnant Vegetation zones, at both entrances into the estate have been identified as being held in public ownership by the State as a community purpose for “environmental purposes” under Schedule 1 of the Lands Act 1994. It is understood that Council may elect to become the trustee for such reserves upon their gazettal. The original proposal was for these to be held for drainage purposes in public ownership by the State. The two neighbourhood parks, abutting lots 73/83 and lots 126/239 have remained unchanged. As explained to Council, we consider that it is a fundamental requirement to include this minimum level of neighbourhood parks in a 335 lot development that has the potential to house 1,000 to 1,200 residents. Furthermore, we consider that the locations are such that they will enhance the character of the estate and encourage the future community to take pride and ownership in the development.

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2. Road Reserve Widths The proposed new road openings identified as New Road C and New Road KI have both been amended to provide parallel side boundaries and offer opportunities for standard footpath treatments as required by Council. Note that the original proposal plan was designed to retain existing vegetation and allow water sensitive urban design solutions within a wider footpath in new road openings of varying widths. The proposed lots adjoining these amended new road openings have been adjusted. It is requested that Council completes its assessment of the above development application based on the following amended plans at its earliest convenience.’

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4.0 Assessment The two (2) small stands of remnant vegetation are not considered significant enough to warrant ‘environmental reserve’ status. They will be small islands, difficult to manage and the applicant’s inability to clear them does not justify their proposal to dedicate them into public ownership. They are also not usable as areas of open space, and it is recommended they be included into the lot layout as previously recommended and as other like areas have been dealt with. The applicant has not made any argument to warrant a change in staff’s previous recommendation for a district park to be allocated in the estate, close to the Groundwater Road access. It is therefore Council’s decision in relation to the parks proposed. Should the two (2) neighbourhood parks be accepted, it should be noted that these alone will not constitute the developer’s commitment to open space, and additional monetary contributions would be applicable. No other changes have been made to the lot layout. For clarification, $307 per lot will be the applicable road contribution, and not $3 502 as previously indicated, given the application was submitted prior to the commencement of planning scheme policy 13. Report: (Acting General Manager Design Services – N.C. Weller) The development is proposed in 13 stages, the first 8 stages to access Groundwater Road. The connection to Lawson Road is proposed in Stage 9 (8). EXTERNAL WORKS It is proposed all external works (Roadworks, Water Supply & Sewerage) be included in an infrastructure agreement to be finalised prior to the issue of a development permit for Operational Works. In fact it will be required prior to the submission of that application. The infrastructure agreement should address the following:- Roadworks - upgrading of Groundwater Road and Sorensen Road; - upgrading of Groundwater Road/Sorensen Road

intersection; - upgrading of Sorensen Road/Watson Road

intersection; - through traffic deterrents or upgrade for through

traffic Rose Rd/Davey Rd/Copp Rd/Ramsey Road; - Lawson Road / Eel Creek Road intersection. Water Supply - Network analysis to determine what works are

required for servicing existing/probable development along one supply route. The supply route to be nominated by Council.

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- A lot based, pro rata contribution by the developer to the network analysis, design and installation of works required to service the chosen route.

Sewerage - Network analysis to determine what works are

required for servicing existing/probably development along one supply route. The supply route to be nominated by Council.

- A lot based, pro rata contribution by the developer to the network analysis, design and installation of works required to service the chosen route.

Drainage - permission to discharge water onto downstream

property is required. INTERNAL WORKS ACCESS Two lots are configured to access Lawson Road directly. The two lots are in close proximity to Lawson / Eel Creek Road intersection so direct access is not desirable. It is suggested that minor changes be made to the lot layout to have NO lots with direct access to Lawson Road & Groundwater Road (future collector roads). INTERNAL ROAD NETWORK Road A – (the through road) has many intersecting roads (as stated in a previous report). A suggested bus route is Road A, with bus stops provided at the neighbourhood parks and around Lot 306. All roads and drainage to be designed and constructed to Council Standards. Lot and road boundaries may need to be adjusted to meet operational works requirements. Parks & Reserves – Environmental Drainage reserves are proposed in the major drainage paths. Two postage stamp parks are proposed in lieu of a regional park or contribution thereto. Water Supply & Sewerage – Internal water reticulation should pose no problem. The General Manager Water Supply & Sewerage prefers Option 2 for sewerage being ‘the construction of a gravity main through the downstream properties into a pump station and rising main on Eel Creek Road. A rising main will then need to be constructed to the existing treatment plant or pump station G2 on the other side of the Mary River. The proposed gravity main would need to be a combination of 225mm diameter and 300mm diameter with manholes at nominal 100m spacing, . . . . . this equates to 1700m of 225m diameter main and 800m of 300mm diameter main and 25 manholes.

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The location for the proposed pump station on Eel Creek Road is at the low point of the catchment . . . to connect into the existing treatment plant or PS G2 would require a 4 000m long rising main.’ 5.0 Conclusions The amended application proposes minor changes only to the areas to be dedicated as road reserve and makes additional argument for the park/environmental areas proposed. The original recommendation is made in relation to a district park, given Council’s documented strategy and the applicant’s lack of justification to the contrary.

P36/10/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt (A) Recommend that in relation to development application DA13902 for

Reconfiguring a Lot – Subdivision to Create 334 additional lots over Lot 250 on SP173088 located at Lawson & Groundwater Road, Pie Creek Council, as Assessment Manager, advise the applicant that the layout is not supported and is recommended to be amended as follows:

• Consolidation of the parkland into one (1) district park that

exhibits the following elements: (i) minimum land area of 2Ha with minimum usable recreation

area of 1Ha; (ii) its boundaries include a minimum of 50% road frontage

with opportunity for good access to a car parking area; (iii) is located as close as possible to the intersection of the

development’s major distributor road with Groundwater Road and has a frontage to the distributor road.; and

• Amalgamation of proposed environmental reserves into proposed

lots. (B) Following submission of an amended plan the application again be

presented to the Planning and Development Committee for a decision. Carried.

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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. Cr G.L. Engeman left the meeting at 9.30 a.m.

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 DA10931 Fraser Straits Marina Pty Ltd (TMS)

Esplanade, Tin Can Bay

Marine Industry (Marina)

PNS closed 02/09/09. Referral Agencies – Contaminated Land Unit EPA advise response due 18/08/09, DMR response received 01/09/09, Maritime Safety Qld, EPA, DNRW, DPI Fisheries advise response due 14/09/09. DERM advise response due 18/08/08. (27) Submissions

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

DMS. Report to P&D Committee Meeting. Refer to Item3/1 in Today’s Agenda.

DA15782 Mackenzie (MKM)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

Reported to P&D Committee Meeting 07/10/09.

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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 & RFI sent 04/09/09. Concurrence Agencies DPI & F, DERM Contaminated Land Unit. Advise Agency DERM Ecoaccess.

DA18435 Walker (KMT)

39 Manooka Dr & 13 Carlo Rd, Rainbow Beach

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

RFI period extended till 16/03/10. Awaiting applicant’s response.

2008-0667 McMackin & Sarrinen (KMF)

22 Somerset Street, Gympie

Multi Residential – (3 Units)

RFI period extended till 23/04/10. Awaiting applicant’s response.

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)

PNS. Submissions due 24/10/09. One (1) submission.

2008-1225 Mills (KMT)*

266 Blackgate Road, Amamoor

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

DMS. Report to P&D Committee Meeting. (2) Submissions.

2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre

RFI sent 08/01/09. Awaiting applicant’s response.

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.

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File Number & Applicant Location Nature of Application Status

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.

2008-1830 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)

Public Notification Compliance Notice received 09/04/09. 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 24/06/09.

2008-1899 Harris (SFC)

34 Louisa Street, Gympie

Multi-Residential (5 Units)

DMS. Report to P&D Committee Meeting.

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

DMS. Report to P&D Committee Meeting.

2009-0009 Silich (MKM)

37 & 39 Musgrave Street, Gympie

Multi-Residential (15 Townhouses)

DMS. Report to P&D Committee Meeting. One (1) Submission. Refer to Item 2/4 in Today’s Agenda.

2009-0077 Blakeney (MKM)*

96 Stewart Road, Coondoo

Extractive Industry (Quarry)

PNS. Submissions due 31/07/09. (149) Submissions.

2009-0156 Jones (TMS)**

123 East Deep Creek Road, Monkland

General Industry (Transport Depot)

RFI sent 01/05/09. Awaiting applicant’s response.

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)

DMS. Report to P&D Committee Meeting.

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

5 Lucknow Street, Gympie

Multi-Residential (5 Units)

RFI sent 29/05/09. Awaiting applicant’s response.

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

Victoria Road, Gympie

General Industry (Ancillary Storage of Machinery & Parts)

DMS. Report to P&D Committee Meeting.

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File Number & Applicant Location Nature of Application Status

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.

2009-0774 Dean (MKM)

3 Shayduk Close, Gympie

Multi-Residential (Six (6) Townhouses)

RFI sent 23/07/09. Awaiting applicant’s response.

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. Awaiting applicant’s response. Concurrence Agencies DNRW, EPA DES (CHEM Unit) RFI issued 25/08/09. DERM advise RFI issued 04/09/09.

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)

DMS. Report to P&D Committee Meeting.

DA16344 Raw Ochre Design (KMT)*

68 Duke Street, Gympie

Showroom (3 Tenancies)

DMS. NDN to be issued.

DA17123 Wilson DC & JM (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

Reported to P&D Committee Meeting 07/10/09.

DA17246 Oaklands Management Pty Ltd (TMS)

68 Myall Street, Gympie

Multi-Residential (18 Units)

Reported to P&D Committee Meeting 07/10/09.

DA18104 Greenco Pty Ltd (MKM

72 Chatsworth Rd, Gympie

General Industry DMS. Report to P&D Committee Meeting.

DA18289 Gerhardt (TMS)*

Jubilee St, Monkland Gympie

Multi-Residential (3 Units)

DMS. Report to P&D Committee Meeting.

DA18282 Eade (TMS)

230 East Deep Creek Road, East Deep Creek

Warehouse DMS. Report to P&D Committee Meeting. Refer to Item2/2 in Today’s Agenda.

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.

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File Number & Applicant Location Nature of Application Status

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

DMS. Report to P&D Committee Meeting.

2008-0468 Loot Homewares Gympie (KMT)

42 Duke Street, Gympie

Showroom

DMS. Report to P&D Committee Meeting.

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)

RFI sent 11/09/08. Awaiting applicant’s response.

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. New AN to be issued. 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 AN 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.

2008-1145 Taxis (TMS)

18 Langara Drive, Southside

Multi-Residential (Duplex)

Part RFI response received 04/03/09.

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File Number & Applicant Location Nature of Application Status

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)

RFI sent 27/11/08. Awaiting applicant’s response.

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)

RFI sent 18/12/08. Awaiting applicant’s response.

2008-0699 Niduts Investment Trust (TMS)

54 Crescent Road, Gympie

Display Yard 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)

DMS. Report to P&D Committee Meeting.

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)

DMS. Report to P&D Committee Meeting.

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File Number & Applicant Location Nature of Application Status

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)

Reported to P&D Committee Meeting 07/10/09.

2008-1835 Buckley (TMS)**

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

Amended AN sent 08/07/09. Concurrence Agency DNRW response received 01/09/09. 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.

2009-0218 Richards (MKM)

14 Watt Street, Gympie

Multi-Residential (Two Dwellings)

Letter sent 11/09/09. Application on hold pending applicants response. Refer to Item 2/3 in Today’s Agenda.

2009-0267 Kickbusch (KMT)**

246 McIntosh Creek Road, Jones Hill

Display Yard (Nursery & Landscape Supply Centre)

RFI sent 13/05/09. Awaiting applicant’s response.

2009-0416 Okara Pty Ltd (SFC)

243 Harvey Road, Lower Wonga

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

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)*

124 Brisbane Road, Monkland

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.

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File Number & Applicant Location Nature of Application Status

2009-0586 Scooter Group (TMS)**

281 & 283 Brisbane Road, Monkland

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

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 response received 03/08/09 & EPA.

2009-0706 Glendale Homes Pty Ltd (SAC)

1629 Bruce Highway, Kybong

Multi-Residential (Second Dwelling for Workers Accommodation)

DMS. DN due.

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

Langton Road, Monkland

General Industry (Crane Hire Depot)

DMS. Report to P&D Committee Meeting.

2009-0836 Etican (KMT)

45 Station Road, Gympie

Shop (Gourmet Food) Reported to P&D Committee Meeting 07/10/09.

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.

2009-1065 Chasdale Pty Ltd & Dryant Pty Ltd (TMS)

2618 Bruce Highway, Gunulda

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

RFI sent 08/09/09. Awaiting applicant’s response. Concurrence Agencies DERM Ecoaccess RFI issued 10/09/09, DERM CLU, DTMR RFI issued 02/09/09.

2009-1030 Hoskin & Associates (SAC)

52 Violet Street, Gympie

Low Impact Industry (Exploration Mining Office & Laboratory)

RFI sent 15/09/09. Awaiting applicant’s response. Concurrence Agency DTMR response received 05/10/09.

2009-1078 Asset Cabins (SFC)

123 Hyland Road, East Deep Creek

Multi-Residential (Second Dwelling for Relative Accommodation)

DMS. DN due.

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)

Amended AN & RFI sent 07/09/09. Awaiting applications response.

2009-1149 Schneider (PKM)

19 Skyline Terrace, Gympie

Multi-Residential (Duplex)

RFI sent 10/09/09. Awaiting applicant’s response.

2009-1219 Kettleton (KMF)

267 Repeater Station Road, Kanigan

Cattery or Kennel (Dog Breeding Kennel)

RFI sent 21/09/09. Awaiting applicant’s response.

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File Number & Applicant Location Nature of Application Status

2009-1241 Green (TMS)

88 Mellor Street, Gympie

Environmentally Relevant Activity ERA #8 Chemical Storage (3) (a)

RFI sent 01/10/09. Awaiting applicant’s response.

2009-1264 Moore (SAC)

9A Duggan Road, The Palms

Home Business AN sent 14/09/09. RFI due. Concurrence Agency DTMR.

2009-1312 SSJ Bay Developments Pty Ltd (TMS)

20 Nautilus Drive, Cooloola Cove

Eight (8) Dwelling Units

RFI sent 12/10/09. Awaiting applicant’s response.

2009-1364 Andreassen (SFC)

1 Old Wolvi Road, Victory Heights

Homes Business (Hair Salon)

AN sent 25/09/09. RFI due. Concurrence Agency DTMR.

2008-1945 Hinchliffe (MKM)

255 & 273 Lower Wide Bay Road, Sexton

Multiple Dwelling Units (Dual Occupancy) & Reconfiguring a Lot – Subdivision to Create Two (2) Lots from Two (2) Existing Lots

AN sent 29/09/09. RFI due. Concurrence Agency DERM Vegetation Management.

2009-1354 Qually (SFC)

578 Beenham Valley Road, Beenaam Valley

Multi-Residential (Second Dwelling for Workers Accommodation

AN & RFI sent 30/09/09. RFI due. Concurrence Agency DERM Vegetation Management.

2009-1397 Supa Coat Australia P/L (KMT)

9 Fritz Road, Chatsworth

General Industry (Timber Drying) & Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot

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

2009-1393 Aspire Housing Group (KMT)

9 Alan Street & 24 Caledonian Hill, Gympie

Multi-Residential (NRAS Affordable Housing Project – 12 Dwelling Units) & Reconfiguring a Lot (Boundary Realignment)

AL sent 07/10/09. RFI due.

2009-1230 Endiway Pty Ltd (KMT)

5 Hall Road & Bruce Highway, Glanmire

Multi-Residential (59 Dwelling Units) & Reconfiguring a Lot Subdivision to Create 59 Lots in a Community Titles Scheme, Subdivision to Create one (1) Additional Lot and Access Easement

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

2009-1467 Trustees of the Christian Bros (Qld) T/A Edmund Rice Education Services

Everson Road, Gympie

Education or Health Premises (Flexible Learning Centre)

AN sent 08/10/09. RFI due. Concurrence Agencies DTMR (Gympie), DERM Contaminated Land Unit & DTMR (Brisbane)

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File Number & Applicant Location Nature of Application Status

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 (MKM)

Hawkins Road, Widgee

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

PNS. Submissions due 22/10/09.

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

DMS. Report to P&D Committee Meeting.

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. Decision deferred.

DA16162 Patrick (MKM)

358 Eel Creek Road, Pie Creek

Subdivision to Create One (1) Additional Lot

Reported to P&D Committee Meeting 07/10/09.

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.

DA17419 Bairnsdeen Pty Ltd (TMS)

36 Diggings Road, Imbil

Subdivision to Create 17 Additional Lots

DMS. Report to P&D Committee Meeting.

DA17588 Echochamp Pty Ltd (TMS)

44-45 Esplanade, Tin Can Bay

Subdivision to Create Three (3) additional Lots

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.

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 04/03/09. Applicant making representations to DNRW.

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File Number & Applicant Location Nature of Application Status

SD483 Conway (KMT)

Cnr Fraser & Angel Sts, Kilkivan

Reconfiguring a Lot (13 Lots)

DMS. Report to P&D Committee Meeting. Amended plans received 28/08/09.

SD495 Allen (KMT)

2110 Gympie-Woolooga Rd Widgee

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

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.

2008-0076 Carmichael (KMT)

225 Allen Rd, Chatsworth

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0147 Keeldale Pty Ltd (TMS)*

221 Zerner Rd & Eel Creek Rd, Pie Creek

Subdivision to Create Thirteen (13) Additional Lots

DMS. Report to P&D Committee Meeting.

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

Subdivision to Create Three (3) Additional Lots

DMS. DN due.

2008-0771 Duff (KMT)*

56 Purcell Road, Bells Bridge

Subdivision to Create 30 Additional Lots

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

SD532 Hendry (MKM)

75 Barrett Road, Widgee

Subdivision to Create Ten (10) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1074 JKM Projects Pty Ltd (KMT)

196 Old Maryborough Road, & 43 Hamilton Road, Gympie

Boundary Alteration DMS. DN due.

2008-1080 Humphris (MKM)

22 Country View Drive, Chatsworth

Subdivision to Create Four (4) Additional Lots

Reported to P&D Committee Meeting 07/10/09.

2008-1142 Martoo consulting (MKM)

Hester Street & Bligh Street, Kilkivan

Subdivision to Create One (1) Additional Lot

RFI sent 25/11/08. Awaiting applicant’s response.

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.

2008-1098 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 24/06/09. Referral Agency DMR RFI sent 23/03/09. Advice Agency Energex response received 20/03/09.

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File Number & Applicant Location Nature of Application Status

2008-1519 Los (MKM)

Chitticks Road, Greens Creek

Boundary Alteration DMS. DN due.

2008-1620 Mackellar (SAC)

580 & 628 Traveston Road, Traveston

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

RFI sent 19/03/09. Awaiting applicant’s response.

2008-1775 Thorpe (KMT)

Craft Road, Veteran

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

DMS. DN due.

2008-1718 Yaroomba Pty Ltd (MKM)

Hoopers Road, Curra

Subdivision to Create 14 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1770 Stevens (SFC)

170 Herron Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-1829 Chain (MKM)

377 Power Road, Widgee

Subdivision to Create Seven (7) Additional Lots

DMS. DN due.

2008-1873 Scott (PKM)

440 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 18/02/09. Awaiting applicant’s response.

2009-0064 Bulger (KMF)

53 Boundary Drive, Widgee

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2009-0070 Anderson (SFC)

Cedar Pocket Road, Cedar Pocket

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0079 Curtis (SAC)

79 Glenbar Road, The Palms

Subdivision to Create One (1) Additional Lot

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

Subdivision to Create One (1) Additional Lot

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

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

2009-0196 Harwood Family Trust (MKM)

Miva Road, Munna Boundary Realignment

DMS. DN due.

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File Number & Applicant Location Nature of Application Status

2009-0259 Burke (KMT)**

590 Noosa Road, Mothar Mountain

Subdivision to Create Seven (7) Additional Lots

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

Subdivision to Create One (1) Additional Lot

PNS. ALOD sent 30/09/09.

2009-0244 Sollner (MKM)

133 De Castella Road, The Palms

Subdivision to Create Two (2) Additional Lots

Request for extra information sent 12/10/09. Awaiting applicant’s response.

2009-0343 Margetts (MKM)

Evelyn Road & Watson Road, Southside

Subdivision to Create 13 Additional Lots

RFI sent 21/05/09. Awaiting applicant’s response.

2009-0405 Dan (KMT)

51 Deans Road, The Palms

Subdivision to Create Thirteen (13) Additional Lots

Reported to P&D Committee Meeting 07/10/09.

2009-0308 Went (MKM)

41 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2009-0453 Hendarwan (TMS)

26 O’Keeffe Road, Mothar Mountain

Subdivision to Create Two (2) Additional Lots

Reported to P&D Committee Meeting 07/10/09.

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 advise RFI sent 28/05/09. Advice Agency EPA.

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

42 Ballard Road, Imbil

Subdivision to Create 109 Additional Lots

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

DMS. Report to P&D Committee Meeting.

2009-0516 Fitzpatrick (SFC)

210 Kirsten Drive, Curra

Subdivision to Create Two (2) Additional & Access Easement

Reported to P&D Committee Meeting 07/10/09.

2009-0464 Spoljaric (MKM)

Caulfield Road, Tamaree

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2009-0564 Johnson (SAC)

177 Lynne Drive, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

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.

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File Number & Applicant Location Nature of Application Status

2009-0683 Conroy (SAC)

Settlement Road, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0696 O’Sullivan (KMT)

16 Van Doren Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

2009-0655 The Planning Place (KMT)

Mudlo Road, & 554 McKewen Road, Kilkivan

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

DMS. Report to P&D Committee Meeting.

2009-0656 The Planning Place (KMT)

47 Old Boonara Road, Cinnabar & Mudlo Road, Kilkivan

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

DMS. Report to P&D Committee Meeting.

2009-0657 The Planning Place (KMT)

563 Running Creek Road & Mudlo Road, Kilkivan

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

DMS. Report to P&D Committee Meeting.

2009-0659 The Planning Place (KMT)

Mudlo Road, Kilkivan & Kilkivan Tansey Road, Cinnabar

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

DMS. Report to P&D Committee Meeting.

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

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

Boundary Realignment & Subdivision of 13 Existing Lots

RFI received 08/10/09. Concurrence Agency DERM RFI issued 13/07/09. Advice Agency Ecoaccess.

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

Subdivision to Create 72 Additional Lots

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

Subdivision to Create One (1) Additional Lot

Reported to P&D Committee Meeting 07/10/09.

2009-0780 Eleventh Trail Pty Ltd (SAC)

Lillis Road, Gympie

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

RFI sent 10/08/09. Awaiting applicant’s response.

2009-0833 Alford (KMT)

McIntosh Creek, Jones Hill

Subdivision to Create 14 Additional Lots

RFI sent 23/07/09. Awaiting applicant’s response.

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 response received 21/08/09.

2009-0838 Mitchell (SFC)

76 Cliff Jones Road, Curra

Subdivision to Create Two (2) Additional Lots

RFI sent 30/07/09. Awaiting applicant’s response.

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File Number & Applicant Location Nature of Application Status

2009-0889 Greig (SFC)

288 McIntosh Creek Road, Jones Hill

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

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

4 Tooth Drive, Widgee

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0941 Robinson Earthmoving Pty Ltd (KMF)

Nicholls Road, Monkland

Subdivision to Create (16) Additional Lots

DMS. Report to P&D Committee Meeting.

2009-0890 Raymont (SAC)

Tandur Traveston Road, Traveston

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

DMS. DN due.

2009-0998 Hess (TMS)

Briere Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 02/09/09. Awaiting applicant’s response. Concurrence Agency DERM advise application not properly made 15/09/09. Advice Agency Powerlink response received 10/09/09.

2009-1027 Bontoft (SFC)

33 Roselea Avenue, Southside

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

DMS. DN due.

2009-1035 Lehman (SFC)

Lorikeet Drive, Tamaree

Subdivision to Create Four (4) Additional Lots in Two (2) Stages

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

2009-1053 Dwyer & Ludwig (SFC)

117 Barrett Road, Widgee

Subdivision to Create Two (2) Additional Lots

RFI sent 02/09/09. Awaiting applicant’s response. Concurrence Agency DERM Vegetation Management.

2009-1042 Waugh (SAC)

1005 Glastonbury Road, Glastonbury

Boundary Realignment

Part RFI response received 29/09/09.

2009-1102 Kerridge (KMF)

101 Yabba Creek Road, Imbil

Subdivision to Create (1) Additional Lot

DMS. DN due.

2009-1100 Salisbury (PKM)

70 & 72 Cooloola Drive, Rainbow Beach

Boundary Realignment

RFI not required. Advice Agency DERM Ecoaccess.

2009-1113 Resland Management (Aust) Pty Ltd (TMS)

Ranson Road, Gympie

Subdivision to Create Eleven (11) Additional Lots

AL sent 21/08/09. RFI due.

2009-1142 Maynard (PKM)

Kinbombi & Walker Road, Kinbombi

Boundary Realignment

DMS. DN due.

2009-1150 Brunning (SFC)

1982 & 1964 Noosa Road, Traveston

Boundary Realignment

RFI not required. Advice Agencies DERM Ecoaccess & Energex response received 05/10/09.

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File Number & Applicant Location Nature of Application Status

2009-1179 Johnston (SFC)

128 Lynne Drive, Curra

Subdivision to Create One (1) Additional Lot

RFI sent 15/09/09. Awaiting applicant’s response. Concurrency Agency DERM Vegetation Management.

2009-1260 Black (TMS)

Bruce Highway & Purcell Road, Bells Bridge

Subdivision to Create Three (3) New Lots from Three (3) Existing Lots

DMS. Report to P&D Committee Meeting.

2009-1226 Geissler (KMT)

41 Mary Street, Gympie

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-1266 Atholwood (SFC)

83 Tompkins Road, Veteran

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-1298 Hine (SFC)

655 McIntosh Creek Road, McIntosh

Boundary Realignment

DMS. DN due.

2009-1355 Brady (SAC)

30 Megan Road, Southside

Subdivision to Create Two (2) Additional Lots

AL sent 21/09/09. RFI due.

2009-1395 Moloney (KMF)

46-47 Esplanade, Tin Can Bay

Subdivision to Create One (1) Additional Lot

No RFI required. Concurrence Agencies DTMR, DERM Ecoaccess. Advice Agency DERM Ecoaccess.

2009-1388 Kolbe (MKM)

75 Spring Road, Victory Heights

Subdivision to Create Twenty (20) Additional Lots in Two (2) Stages

AL sent 29/09/09. RFI due.

2009-1451 Barnes (SAC)

5 Valley Vista Road, The Dawn

Subdivision to Create Two (2) Additional Lots

RFI sent 12/10/09. Awaiting applicant’s response.

2009-1363 Johnson (KMT)

1783 Harvey Siding Road, Curra

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

AN sent 07/10/09. RFI due. Concurrence Agency DERM Vegetation Management. Advice Agency DERM Ecoaccess.

2009-1485 Decker (MKM)

Exhibition Road, Southside

Subdivision to Create One (1) Additional Lot

AN sent 08/10/09. RFI due. Concurrence Agency DTMR.

2009-1504 Dowling (TMS)

415-433 Anderleigh Road, Gunulda

Subdivision to Create One (1) Additional Lot

AN sent 09/10/09. RFI due. Concurrence Agency DERM Vegetation Management.

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)

10 Mitchell Street, Tin Can Bay

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.

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File Number & Applicant Location Nature of Application Status

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.

2008-1430 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.

2009-0258 Ken Hudson & Assoc (MKM)

20 Inglewood Road, Monkland

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

DMS. DN due.

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File Number & Applicant Location Nature of Application Status

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

RFI sent 16/06/09. Awaiting applicant’s response.

2009-0297 Niduts Investment Trust (KMF)

Power Road, Widgee

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

2009-0720 Sigma Developments Pty Ltd (TMS)

Groundwater Road, Southside

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

DMS. DN due.

2009-0781 I & L Logegeier Superannuation Fund (TMS)

123 Groundwater Road, Southside

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

RFI sent 02/09/09. Awaiting applicant’s response.

2009-0796 Roman Catholic Archdiocese of Brisbane (TMS)

20 Bligh Street, Gympie

Roadworks for approved Multi-Purpose Centre

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

Request for extra information sent 30/09/09. Awaiting applicant’s response.

2009-0970 Ken Hudson & Associates (SAC)

449 Eel Creek Road, Pie Creek

Civil Works for Approved Subdivision

DMS. DN due.

2009-1112 Kimlin Building Pty Ltd (MKM)

4 Chapple Street, Gympie

Access Construction RFI sent 10/09/09. Awaiting applicant’s response.

2009-1239 Rainbow Shores Pty Ltd (TMS)

Wyvern Road, Rainbow Beach

Landscaping AL sent 02/09/09. RFI due.

2009-1254 Medialoco Pty Ltd (KMT)

13 Alfred Street, Gympie

Stormwater, Carparking, Siteworks, Access Driveway & Retaining Wall

AL sent 15/09/09. RFI due.

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File Number & Applicant Location Nature of Application Status

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

AL sent 30/09/09. RFI due.

2009-1391 Pagerose Pty Ltd (KMT)

Curra Estate Road, Curra

Roadworks, Stormwater & Earthworks for Approved Subdivision Stage 1

AL sent 05/10/09. RFI due.

2009-1511 D & K Properties (KMF)

12 New Zealand Lane, Gympie

Earthworks (Filling) AL sent 08/10/09. RFI due.

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)

Applicant’s part RFI response received 10/05/07. Advised applicant new site plan required. DMS. DN due.

2009-1263 Albert Smith Signs Pty Ltd (SAC)

113 River Road, Gympie

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

AL sent 14/09/09. RFI due.

2009-1414 Fosters c/- Signmasters

1 Rainbow Beach Road, Rainbow Beach

Advertising Device (One (1) Building Sign)

AL sent 29/09/09. RFI due.

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

2009-1346 Avenues Lifestyle Support Assoc Inc (MKM)

37 Red Hill Road, Gympie

(Heritage and Character Overlay) Removal of Dwelling House

AL sent 15/09/09. RFI due.

2009-1339 Goomeri Homes & Renovations (PKM)

MacTaggart Street, Goomeri

(Urban Locality Code) Domestic Outbuilding

RFI sent 06/10/09. Awaiting applicant’s response.

P37/10/09 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson

Recommend that the information be noted.

Carried.

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4/2 Development Applications Approved

File: DA10979 Applicant: Watson Investments Site Address: 28 Ascot Road, Victory Heights The proposal is for Request to Extend Currency Period for Reconfiguring a Lot Subdivision to Create Three (3) Additional Lots over Lot 2 on MPH519. The Request to Change was approved on 6 October 2009.

File: DA11501 Applicant: Shapaurelle Pty Ltd Site Address: 7 Flynn Road, Gympie The proposal is for Request to Extend Currency Period for Material Change of Use - Multi Residential (16 Dwelling Units in 3 Stages) and Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot & Boundary Alteration over Lot 1 MPH24482 & Lot 3 on MPH6371. The Request to Change was approved on 6 October 2009.

File: DA17330 Applicant: John Cochrane Site Address: 48 Old Veteran Road, Veteran The proposal is for Reconfiguring a Lot – Subdivision to Create Eight (8) Additional Lots over Lot 1 MPH33242. The Decision Notice was approved on 5 October 2009 and issued on 5 October 2009 subject to conditions from the Assessment Manager.

File: 2008-0826 Applicant: S Murray & K Thrupp Site Address: 24 Birdwood Drive, Gunalda The proposal is for Reconfiguring A Lot – Subdivision to Create Two (2) Additional Lots over Lot 13 RP227769. The Decision Notice was approved on 5 October 2009 and issued on 5 October 2009 subject to conditions from the Assessment Manager.

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File: 2008-1755 Applicant: T & G Weier Site Address: 28 Lorikeet Drive, Tamaree The proposal is for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 24 RP858764. The Decision Notice was approved on 8 October 2009 and issued on 8 October 2009 subject to conditions from the Assessment Manager.

File: 2009-0384 Applicant: Gympie Building Company P/L Site Address: 2 Little Channon Street, Gympie The proposal is for Operational Work (Car Parking) over Lot 4 MPH5483. The Decision Notice was approved on 5 October 2009 and issued on 5 October 2009 subject to conditions from the Assessment Manager. File: 2009-0245 Applicant: Rita Benckendorff-Malik Site Address: 449 & 421 Kenman Road, Traveston The proposal is for Reconfiguring a Lot – Boundary Realignment over Lots 1 & 2 SP170293. The Decision Notice was approved on 5 October 2009 and issued on 5 October 2009 subject to conditions from the Assessment Manager. File: 2009-0619 Applicant: Vivian Lollback Site Address: 170 Fisher Road, Banks Pocket The proposal is for Operational Work – Roadworks over Lot 741 MCH5342. The Decision Notice was approved on 9 October 2009 and issued on 9 October 2009 subject to conditions from the Assessment Manager.

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File: 2009-0940 Applicant: G & M Consultants Pty Ltd Site Address: 2 to 12 Church Street, Gympie The proposal is for Operational Work - Roadworks, Stormwater & Earthworks for Approved Education or Health Premises over Lots 1 & 5 MCH841799, Lot 2 MCH6300, Lot 39 CP844226, Lot 1 MCH5202, Lots 51, 52 & 53 G14716, Lot 1 MCH23956, Lot 90 MPH896041 & Lot 7 SP142160. The Decision Notice was approved on 6 October 2009 and issued on 6 October 2009 subject to conditions from the Assessment Manager.

File: 2009-1105 Applicant: Lee Steffens & Tania Kidd Site Address: 80 Old Maryborough Road & 1 Glasgow St, Gympie The proposal is for Reconfiguring a Lot - Boundary Realignment over Lot 1 MPH7068 & Lot 616 MCH5210. The Decision Notice was approved on 5 October 2009 and issued on 5 October 2009 subject to conditions from the Assessment Manager.

File: 2009-1301 Applicant: Callaghan & Toth Consulting Engineers Site Address: 37 Shields Street, Gympie The proposal is for Operational Works – Access Driveway, Sewerage Infrastructure and Landscaping over Lot 4 MPH24025. The Decision Notice was approved on 30 September 2009 and issued on 30 September 2009 subject to conditions from the Assessment Manager.

File: 2009-1304 Applicant: Jacqueline Odell Site Address: 114 North Deep Creek Road, North Deep Creek The proposal is for Reconfiguring a Lot – Subdivision to Create Two (2) Additional Lots over Lot 3 MPH40200. The Decision Notice was approved on 6 October 2009 and issued on 6 October 2009 subject to conditions from the Assessment Manager.

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File: 2009-1334 Applicant: Ross Bishop Site Address: 1366 & 1374 Harvey Siding Road, Curra The proposal is for Reconfiguring a Lot - Boundary Realignment over Lots 6 & 7 MCH843670. The Decision Notice was approved on 7 October 2009 and issued on 7 October 2009 subject to conditions from the Assessment Manager.

File: 2009-1434 Applicant: McDermott Aviation Site Address: 20 Lobwein Road, Kybong The proposal is for Reconfiguring a Lot - Lease Excess of Ten (10) Years (Lease AG) over Lot 1 RP109088. The Decision Notice was approved on 6 October 2009 and issued on 6 October 2009 subject to conditions from the Assessment Manager. File: 2009-1465 Applicant: Bruce Studdock Site Address: 20 Lobwein Road, Kybong The proposal is for Reconfiguring a Lot - Lease in Excess of Ten (10) Years (Lease AD) over Lot 1 RP109088. The Decision Notice was approved on 6 October 2009 and issued on 6 October 2009 subject to conditions from the Assessment Manager. File: 2009-1506 Applicant: Gympie Regional Council Site Address: Hayden Drive, Goomeri The proposal is for Reconfiguring a Lot - Boundary Realignment over Lot 28 SP221388 & Lot 15 SP148209. The Decision Notice was approved on 12 October 2009 and issued on 12 October 2009 subject to conditions from the Assessment Manager.

P38/10/09 Moved: Cr J.A. Walker Seconded: Cr R.A. Gâté

Recommend that the information be noted.

Carried.

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Cr G.L. Engeman returned to the meeting at 9.32 a.m.

SECTION 5: GENERAL MATTERS 5/1 Building Summary and Report for the Month of September 2009

Re: Minute: P39/10/09 Building Summary and Report for the Month of September 2009

From: Director of Planning and Development – M. Hartley File: BG94/00002 Date: 30/09/2009 Report: (Director of Planning and Development - M. Hartley) The Building Summary and Report for the Month of September 2009 is included as Attachment 1.

P39/10/09 Moved: Cr D.R. Neilson Seconded: Cr J.A. Walker

Recommend that the Building Summary and Report for the Month of September 2009 as presented, be received.

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 30/09/09 AEC Group Benchmarking of Infrastructure Changes Final Report

P40/10/09 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne

Recommend that Council notes the contents of the correspondence.

Carried.

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SECTION 8: GENERAL BUSINESS 8/1 2009-0770 – Reconfiguring a Lot – Subdivision to Create One (1) Additional

Lot – Stegemann Road, Upper Glastonbury – K. Butterworth FILE: Minute: P11/10/09 2009-0770 APPLICANT: Kate Butterworth LANDOWNER: Kate Butterworth RPD: Lot 50 on L371432 SITE: Stegemann Road, Upper Glastonbury PROPOSAL: Reconfiguring a Lot – Subdivision to

Create One (1) Additional Lot EXISTING ZONE: Rural PLANNING AREA: Rural LEVEL OF ASSESSMENT: Code Assessable SITE AREA: 258.9990Ha

Stegemann Road

Glastonbury Creek Road

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KEY POINT SUMMARY

• Subdivision to create one(1) additional Rural zoned lot. • Proposed Lots comply with the minimum rural lot size of 100Ha. • Property has frontage to Stegemann Road, which is not on

Council’s register of maintained roads and is of a poor standard. • Stegemann Road has not been constructed within the gazetted

road reserve and traverses private property for much of its length.

• Council has advised previous owners in June 1996 and the current owner in October 2006 and September 2007 that Council would not locate, upgrade or maintain roads not listed on its register of maintained roads.

• Requiring the applicant to upgrade, construct and realign Stegemann Road (approximately 4km in length), in order to meet planning scheme requirements, would be an unreasonable imposition on the development

• Application recommended for refusal Report: (Planning Assistant – S.A. Capell) 1.0 INTRODUCTION This application seeks approval to reconfigure an existing rural lot to create one (1) additional rural allotment of 120.6131 hectares and a balance area of 138.3859 hectares.

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The proposal plan is reproduced below.

2.0 ASSESSMENT The proposal is Code Assessable under the arrangements of the Cooloola Shire Planning Scheme 2005 and is subject to assessment against the Rural Planning Area Code, Reconfiguring a Lot Code, Infrastructure Works Code, Landscaping Code, Conservation Significant Areas Code and Resource Areas Code.

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Gympie Planning Area Code The proposal complies with the requirements of the Rural Planning Area Code in relation to providing suitable building areas above flood events and will not adversely affect the rural amenity of the area. Reconfiguring a Lot Code The proposal complies with the minimum rural lot size of 100 hectares. Proposed Lot 1 contains an existing dwelling and proposed Lot 2 is of sufficient size to provide a suitable building area, however the minimum road frontage for Rural zoned lots of 100m is not achieved with proposed Lots 1 and 2 having 45m and 5m frontage respectively to Stegemann Road. Infrastructure Works Code The Infrastructure Works Code requires road infrastructure to be designed and constructed in accordance with Planning Scheme Policy 8: Infrastructure Works. Table 8.1 of the Policy outlines the Standards for Provisions of Works and Table 8:2 Road Width and Pavement Design Criteria. Stegemann Road would require upgrading (including realigning any existing encroachments from private property to the road reserve and road formation) to Council’s applicable standards for a rural gravel road. Upgrading works would require an operational work application to be submitted for assessment. Landscaping Code Landscaping requirements are not generally imposed on Rural subdivisions. Conservation Significant Areas Code The site is mapped as containing Regional Ecosystem Value Areas, with a band of State Connectivity Value running through from the north eastern boundary to the southern boundary. The proposal will have no adverse impact on the Conservation Significant Areas within the site. Resource Areas Code Planning Scheme Overlay mapping indicates that the subject sites contains areas of Good Quality Agricultural Land Classes A and B. The Resource Areas Code requires that: ‘(2) Fragmentation of good quality agricultural land does not occur:

(a) below minimum specified lot sizes unless -

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(i) the long term agricultural viability of the lots is not compromised, or is enhanced; or,

(ii) …

(b) where lots existing as at the date of the commencement of this scheme are below the minimum specified lot size in the Rural Zone unless the long term agricultural viability of the lots is not compromised, or is enhanced.’

The proposal results in complying 100+Ha lots and ensures that there will be no adverse impact to the long term agricultural viability of the site. 3.0 PLANNING CONSIDERATIONS Site Access and Traffic Existing Lot 50 on L371432 has approximately 50m of frontage to Stegemann Road. The following photos were taken on a site inspection attempting to access the property.

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Looking from Glastonbury Creek Road up Stegemann Road

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Looking along Stegemann Road (approximately 200 metres along)

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Looking towards Glastonbury Creek Road

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Standard of Road at Start of Stegemann Road

Access to the proposed lot would require future users to traverse approximately 8km past the bitumen end of Glastonbury Creek Road along a mostly single lane gravel road, before entering Stegemann Road and travelling a further 4km (approximately).

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Whilst Glastonbury Creek Road is maintained by Council, Stegemann Road is not listed on Council’s maintenance register and any future owner/user would be responsible for its upkeep. Furthermore, Stegemann Road has not been constructed within the gazetted road reserve and traverses private property for much of its length. Previous correspondence from the current and previous owners of the site indicate that part of Stegemann Road is not constructed and access has historically been via a private property approximately 3.5km past the Stegemann Road intersection.

Approximate Location of Access to Lot 50 on L371432

A copy of a report submitted to the former Cooloola Shire Council’s Works and Services Committee Meeting on 4 September 2007 is reproduced below: “Re: W21/09/07 Access to Lot 50 L 37243, via unmaintained road named

Stegemann Road, Upper Glastonbury From: Kate Butterworth, 2B Parkyn Road, Mothar Mountain via Gympie Qld

4570 File: WG94/00092 DOC ID:826790 Date: 20 August 2007

Lot 50 on L371432

Approximate access location through private

property owned by Bernard Ramsey off Glastonbury

Creek Road

Stegemann Road

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“My name is Kate Butterworth and I am writing to you regarding a property I own of 675 acres at Glastonbury, 30kms west of Gympie, which has no available legal access. The address is Lot 50 Stegemann Road, Upper Glastonbury. L371432 Gympie. I have owned this block for eight years now, with no access. This problem has been an ongoing saga that I sincerely hope you can help me bring to a conclusion. There is a gazetted road allocated for access – Steggman Road – but some of it has not been built yet as it was not required when the blocks were originally divided. Most of the road exists as a 4WD type track, except for a section up a steep hill. About 500 metres. I am now in a position where I have borrowed some money to afford the building of the missing part of the road. I have had an excavator operator to the site for an inspection, who sometimes contracts for Main Roads – Mr Peter Glover. However, he needs the area for the road to be surveyed, particularly the section which does not exist yet. I am asking for your help to arrange for the Council surveyors to survey this section of non-existent road, to be sure it is built in the right spot. We have attended the site with other adjoining property owners and there is some question about exactly where the road easement and proper boundaries are. There is even some question as to whether the start of the road is right. Looking forward to hearing from you.” Report: (Design Department Manager - R. Chapman) Stegemann Road reserve to this property is 4.3km long and through mostly very steep country with extremely old survey plans (April 1900). It would be a lengthy and time consuming task for any surveyor to locate the road accurately. From previous site visits it would appear that the road reserve is impassable to vehicular traffic even if it were able to be suitably constructed. It should be noted that only a small frontage of this property actually fronts the road. Council’s surveyor is not registered to undertake cadastral surveys. Council is well aware it is not obligated legally to maintain a road. There does not appear to be any legal precedents available that it must survey the road either. Section 901(1) and (2) are the relevant sections of the Local Government Act are as follows:- “901.(1) A local government has control of all roads in its area.

(2) Control of roads includes capacity to take all necessary steps for – (a) survey and resurvey of roads; and (b) construction, maintenance and improvement of roads; and

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(c) regulation of use of roads; and (d) regulation of movement of traffic and parking vehicles on roads.”

Councillors are advised of a similar case unfolding in much closer proximity to Gympie. W21/09/07 Moved: Cr N.R. Ellis Seconded: Cr I.T. Petersen Recommend that Council advise the writer that it does not provide a service for surveying property or road boundaries.

Carried.” Council has advised previous owners in June 1996 and the current owner in October 2006 and September 2007 that Council would not locate, upgrade or maintain roads not listed on its register of maintained roads. Furthermore, increasing the number of users accessing via private properties is undesirable and it is not likely that service vehicles necessary for the construction of a dwelling would be able to traverse the access road and postal delivery and emergency vehicle access would be extremely difficult. 4.0 CONCLUSION Whilst the development generally complies with planning scheme requirements relating to lot size, dimensions and suitable building areas, Stegemann Road (the lead in road) is not constructed to a suitable standard to support the proposal. Requiring the applicant to upgrade and realign (from private property to the gazetted road reserve) Stegemann Road (approximately 4km in length) would be an unreasonable imposition on the development and therefore refusal is recommended.

P11/10/09 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett Recommend that Council, as Assessment Manager, REFUSE development application (2009-0770) for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 50 on L371432 located at Stegemann Road, Upper Glastonbury on the following grounds: 1. Stegemann Road is not of a sufficient standard to service the

development in accordance with Planning Scheme requirements and has not been constructed within the gazetted road reserve for much of its length.

Carried. WITHDRAWN AT THE REQUEST OF THE APPLICANT – MINUTE G09/10/09 REFERS

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Letter received from Murray and Associates on 20 October 2009.

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P41/10/09 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

Recommend that Council, as Assessment Manager, Approve development application (2009-0770) for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 50 on L371432 located at Stegemann Road, Upper Glastonbury subject to conditions determined by the Director of Planning and Development, including a condition requiring the upgrading of Stegemann Road to Council’s rural gravel road standard.

Carried.

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ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 9.52 a.m. RESUMPTION OF MEETING The meeting resumed at 10.10 a.m. “In-Committee” appointment attendee entered the meeting at 10.10 a.m.

Mrs K.A. Rolfe (Manager Strategic Planning) entered the meeting at 10.10 a.m.

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

to discuss 1. Planning and Environment Court Appeal No. 2768 of 2009 2. Traveston Crossing Dam P42/10/09 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker 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 and Environment Court Appeal No. 2768 of 2009 2. Traveston Crossing Dam 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 C. Manson (Acting Chief Executive Officer) entered the meeting at 10.13 a.m. Appointment Attendee left the meting at 10.46 a.m. Mr M. Hartley left the meeting at 10.46 a.m. and returned at 10.49 a.m. Mr M. Hartley left the meeting at 11.04 a.m. and returned at 11.06 a.m. Mrs K.A. Rolfe left the meeting at 11.15 a.m. Ms T.M. Stenholm left the meeting at 11.33 a.m. and returned to the meeting at 11.35 a.m.

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Cr G.L. Engeman left the meeting at 11.37 a.m. and returned to the meeting at 11.39 a.m. Cr J.A. Walker left the meeting at 11.41 a.m.

COUNCIL OUT OF COMMITTEE P43/10/09 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That proceedings be resumed in Open Council. Carried. SECTION 7: “IN COMMITTEE” ITEMS 7/1 Proposed Traveston Crossing Dam P44/10/09 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett

Recommend that the report be noted. Further that, as far as possible Council identify the matters to be represented to the Coordinator General regarding the Traveston Crossing Dam by the Mayor and the Chief Executive Officer on the 27 October 2009.

Further that, the matter be referred to the Mayor and Chief Executive Officer to seek a meeting with the Premier, with a view to obtaining a better outcome for the region.

Carried.

There being no further business the meeting closed at 11.45 a.m.

CONFIRMED THIS THE TWENTY EIGHTH DAY OF OCTOBER 2009.

_____________________________________________ Cr I.T. Petersen

Chairman