23 December 2011 C/- WS Group PO Box 177 PROSERPINE QLD 4800 · accordance with Council’s Engineering Design Guidelines. 21. Design of sewer Main extension The sewer system to service

YOUR REF: OUR REF: DA-2011-236

23 December 2011 David Harney Construction Pty Ltd C/- WS Group PO Box 177 PROSERPINE QLD 4800 Dear Sir/Madam DECISION NOTICE

Applicant: David Harney Construction Pty Ltd

Proposal: Reconfiguration of a Lot - 1 Special Activities Lot into 10 Lots

Application Number: DA-2011-236 Address: 39A Bourke Street, BLACKS BEACH QLD 4740 Property Description: Lot 1 on RP838483

Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Adopted Infrastructure Charge Notice If you require any further information, please contact Julie Brook.

This is a Mackay Regional Council digitally signed document.

Decision Notice Sustainable Planning Act

Application Number: DA-2011-236

Date of Decision: 23 December 2011

1. APPLICANT/S DETAILS

Name: David Harney Construction Pty Ltd

Postal Address:

C/- WS Group

PO Box 177

PROSERPINE QLD 4800

2. PROPERTY DETAILS

Property Address: 39A Bourke Street, BLACKS BEACH QLD 4740

Property Description: Lot 1 on RP838483

3. OWNER’S DETAILS

Venture Developments Pty Ltd

4. PROPOSAL Reconfiguration of a Lot - 1 Special Activities Lot into 10 Lots

5. DECISION TYPE

DEVELOPMENT DECISION Reconfiguration of a Lot Development Permit

Pursuant to the Mackay City Planning Scheme dated 2 December 2011.

Approved in Full subject to Conditions



6. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

7. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this Application.

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme dated 2 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Material Change of Use - Development Permit Operational Works - Development Permit Compliance Permit

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

14. APPEALS Attached is an extract from the Sustainable Planning Act which details your appeal rights and the

appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

23rd December 2011

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-236 Applicant’s Name: David Harney Construction Pty Ltd

Decision Date: 23 December 2011

Page 1 of 6

RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved reconfiguration of land creating 10 Lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval. Drawing Number Title of plan Rev Prepared by Date 12824P03 Plan of Development D WS Group 15/11/2011

2. Compliance with Conditions

All conditions must be complied with prior to the endorsement of the plan of subdivision, unless specified in an individual condition.

3. Endorsement of Survey Plan

The Plan of Survey with associated documents will not be endorsed by Council until all of the conditions of approval have been complied with.

4. Street Signs/Names

Prior to Council issuing a Development Permit for Operational Work, 3 street names for the access street are to be provided to Council for approval in accordance with Council’s Policy 13 – Reconfiguration of a Lot.

5. Electricity Services

Infrastructure necessary for the provision of underground reticulated power to all proposed lots must be provided and written evidence of a service agreement from the infrastructure provider to demonstrate compliance must be provided to Council. Above ground transformer units must be located clear of footpath areas.

6. Telecommunications Services

All proposed lots must be connected to telecommunications and written evidence from Telstra to demonstrate the connection must be provided. Above ground switching station cubicles are to be located clear of footpath areas.




Page 2 of 6

7. Street works

a) Internal: The new internal street shall be generally in accordance with UDP Drawing MVDP0001/SK04 Rev 3. Design and construction must be in accordance with Council’s Access Street Standard Cross Section A3-3618 and comply with Council’s Engineering Design Guidelines.

b) External:

The developer must provide splitter islands at the Carroll Street intersections with Bourke Street and Cavanagh Street generally in accordance with UDP Drawing DHC002/05.

8. Concrete Footpath

A 1.5m wide concrete footpath must be constructed for the full frontage of the site in Carroll Street and be extended to the Bourke Street intersection with kerb crossings installed at the intersection

9. Street Lighting Street lighting for the internal street and at the intersections of Carroll Street with Bourke Street and Cavanagh Street must be provided in accordance with Council’s Engineering Design Guidelines and the relevant current Australian Standards.

10. Damage

Any damage which is caused to Council’s infrastructure as a result of the construction and / or establishment of the proposed development must be repaired immediately.

11. Future Material Change of Use Application – Steep Land Overlay

All lots created with a finished slope greater than 15% are required to lodge a development application for a Material Change of Use for a dwelling house on Steep land. A note to the effect shall be placed against the property on Council’s rate database and should be disclosed to potential purchasers of the land.




Page 3 of 6

12. Geotechnical Certification Provide a geotechnical design report with the future Material Change of Use applications in relation to all land where part of a lot, either existing or proposed, has or is proposed to have slope in excess of 15%. The report is to be provided by a suitably qualified geotechnical professional, and shall include certification of the civil/structural design by a suitably qualified professional engineer. Council requires the risk level in relation to landslide to be certified as ‘low’ in accordance with ‘Landslide Risk Management’ Australian Geomechanics Journal Vol 42 No.1 March 2007.

13. Stormwater

All stormwater for the approved development shall be generally in accordance with UDP Drawing MVDP0001/SK04 Rev 3, with provision being made for the following: i. External catchments ii. Inter-allotment drainage in accordance with Council’s Standard Drawing

PA3-870. iii. Downstream Drainage to a lawful and practical point of discharge which has

been nominated as the underground stormwater drainage system in Bourke Street.

14. On-site Detention

The developer must design and construct an on-site stormwater detention system so that when the site is fully developed the 100, 50, 10, 2, and 1 year ARI peak discharge will not exceed the existing situation. A detailed design of this system must be submitted in conjunction with an Operational Works Application.

15. Stormwater Collection

Stormwater from each lot (including roofwater) shall be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. All connections to the kerb are to be made using a galvanised steel kerb adaptor or approved equivalent.




Page 4 of 6

16. Drainage – Rear Boundary to Street Except where otherwise approved by Council, allotments must be drained from the rear boundary to street front in accordance Council’s Standard drawing PA3-870. Attention is drawn to preferred footpath and allotment slopes as follows:

Footpath slope: Preferred 1:50 Allotment Slope: Minimum 1:200 Maximum 1:12 Filling is to be provided where applicable in accordance with Council’s Engineering Design Guidelines to achieve the above requirements.

17. Site Based Stormwater Management Plan (SBSMP)

This development is classified as “High Risk” based on State Planning Policy 4/10 - Healthy Waters. A SBSMP prepared in accordance with Council’s Engineering Design Guidelines must be submitted to Council for approval in conjunction with an Operational Works Application. Assessment of other components of the Operational Works Application cannot be finalised until the SBSMP is approved first. SQIDs must be designed to achieve Mackay Regional Council design objectives (TSS 75%, TP 60%, TN 40% and Gross Pollutants 90%.) as shown in Table 2.2 of the Department of Environment and Resource Management ‘Urban Stormwater Quality Planning Guidelines 2010’.

18. Drainage easement and reserves

Drainage easements and reserves are to be in accordance with Council’s Engineering Design Guidelines. Reserves are to be transferred to Council in Fee Simple at no cost Council.

19. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.




Page 5 of 6

20. Water connection

a) The water supply for the development shall be generally in accordance with UDP Drawing MVDP0001/SK04 Rev 3 and include the extension of the existing 100mm dia water main along the southern side of Carroll Street to connect with the existing water main in Bourke Street. The existing sewer rising main and other existing service in the vicinity of this water main extension must be located and included on the operational works drawings.

b) Separate Water connections must be installed for the newly created Lots in

accordance with Council’s Engineering Design Guidelines. 21. Design of sewer Main extension

The sewer system to service the development shall be generally in accordance with UDP Drawing MVDP0001/SK04 Rev 3. A fully detailed design of the sewer main extension that will service the lots must be submitted to Council as part of the Operational Work Application.

22. Live Connection Work

Mackay Water is to carry out all water connection and live sewer work at the

developer’s expense. 23. Street Planting

Street Planting must be provided in accordance with Council Policy, with a plan submitted to Council for separate approval by Council.

ASSESSMENT MANAGER’S ADVICE

1. Local Laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.




Page 6 of 6

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace. It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

7. Adopted Infrastructure Charges Notice Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning Regulatory Provision (adopted charges), an Adopted Infrastructure Charges Notice relates to this Development Permit, and is attached. Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.



juliebr

Manual DA & Date


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant.

462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii)the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i)a material change of use of premises for aquaculture; or (ii)operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2)

464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009

To: David Harney Construction Pty Ltd C/- WS Group PO Box 177 PROSERPINE QLD 4800

Ref Number: DA-2011-236

LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES

Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lot 1 on RP838483 Property Address: 39A Bourke Street, BLACKS BEACH QLD 4740 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES

The adopted infrastructure charge applies to the following development type: Reconfiguration of a Lot - 1 Special Activities Lot into 10 Lots AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE

The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.

NET CHARGE AMOUNT – $252,000 + annual adjustments and/or reviews

CHARGE CALCULATION

Charge Category Adopted

Infrastructure Charge

Demand Units No. of

Demand Units

Charge Amount

3 or more bedroom dwelling

$28,000 Lots 10 $280,000

Gross Charge Amount Total $280,000

APPLIED CREDIT CALCULATION

Charge Category Credit Unit Value of Credit Unit No of Credit

Units Applied Credit

Amount

3 or more bedroom dwelling

Lots $28,000 1 28,000

Applied Credit Amount Total $28,000 NET CHARGE SUMMARY

Gross Charge Amount Applied Credit Amount Net Charge Amount

$280,000 $28,000 $252,000

ADJUSTMENTS TO THE CHARGE

The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment.


DUE DATE FOR PAYMENT

Payment of the total charge must be made before the approval of the plan of subdivision for the reconfiguration, if the charge applies to reconfiguring a lot. PAYMENT DETAILS

Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9098 or e-mail [email protected] Payment can be made at:

42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740

or credit card

GOODS AND SERVICES TAX

The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE

An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect APPEAL RIGHTS

Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES

Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9098 or e-mail [email protected] John Caldwell Manager Development Assessment

Date of Issue:


jhc

Typewritten Text

23/12/2011

Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—

(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or

(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice

(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person. (4) An appeal under this section may only be about—

(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or

(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an adopted infrastructure

charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—

(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State

infrastructure charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges

notice or negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.

(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to the person. (4) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted infrastructure

charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part – relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—

(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or

(b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated infrastructure charges notice); or

(c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted infrastructure charges notice); or

(d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated regulated State infrastructure charges notice).

(2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice.

(3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.

(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.

680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State

infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.

(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance of the person’s

relevant appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—

(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or

(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or

(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.


Documents

23 December 2011 C/- WS Group PO Box 177 PROSERPINE QLD 4800 · accordance with Council’s Engineering Design Guidelines. 21. Design of sewer Main extension The sewer system to service