Planning Committee Meeting Minutes - City of · PDF filePlanning Committee Meeting Minutes Committee Room, ... APPLICATION NO 322.2014.42347.1 PROPOSAL Community Activity ... Cr DJ

Planning Committee Meeting Minutes

Committee Room, Bundaberg

17 March 2015

10.55 am

Present: Cr M Forman (Mayor), Cr DJ Batt (Deputy Mayor), Cr AG Bush, Cr AL Ricciardi, Cr WA Honor, Cr VJ Habermann OAM, Cr GR Barnes, Cr DE Rowleson, Cr CR Sommerfeld (Chairman), Cr JA Peters and Cr LG Forgan. Officers: Mr PJ Byrne, Chief Executive Officer Mr AW Fulton, General Manager Infrastructure & Planning Services Mr M Ellery, Group Manager Development Mr R Jenner, Development Assessment Manager Mr A Johnston, Senior Development Engineer Mrs M Honor, Planning Officer Mr S Irwin, Planning Officer Miss NK Launchbury, Senior Executive Assistant Mrs WE Saunders, Executive Services Co-ordinator

Minutes of Planning Committee Meeting Page 2

Meeting held: 17 March 2015

Minutes 17 March 2015

Item Number:

B1

File Number:

Part:

Minutes

Subject:

Confirmation of Minutes

Resolution Cr JA Peters moved:- That the minutes of the Planning Committee Meeting held on 24 February 2015 be taken as read and confirmed. Seconded by Cr LG Forgan - and carried unanimously without debate.




Item Number:

L1

File Number:

322.2014.42347.1

Part:

DEVELOPMENT ASSESSMENT

Portfolio:

Infrastructure & Planning Services

Subject:

26 Lakeview Drive, Bundaberg North - Community Activity – Community Care Services (Community Residence)

Summary: APPLICATION NO 322.2014.42347.1

PROPOSAL Community Activity – Community Care Services (Community Residence)

APPLICANT Burnett Respite Services Inc

OWNER Burnett Respite Services Inc

PROPERTY DESCRIPTION Lot 47 on SP123612

ADDRESS 26 Lakeview Drive, Bundaberg North

PLANNING SCHEME Planning Scheme for Bundaberg City

ZONING Residential "A" (Local Area 8)

OVERLAYS N/A

LEVEL OF ASSESSMENT Impact

SITE AREA 1034 m2

CURRENT USE Residential Single Unit

PROPERLY MADE DATE 12 January 2015

STATUS The 20 business day decision period ends on 25 March 2015

REFERRAL AGENCIES Nil

NO OF SUBMITTERS 5

PREVIOUS APPROVALS N/A

SITE INSPECTION CONDUCTED 3 March 2015

LEVEL OF DELEGATION Level 3

At the request of the Chairman, the Planning Officer (Mr Irwin) addressed the meeting on the report; and the queries raised were answered.



Resolution Cr AL Ricciardi moved:- That Development Application 322.2014.42347.1 be determined as follows: DESCRIPTION OF PROPOSAL

Material Change of Use for Community Activity – Community Care Service (Community Residence) SUBJECT SITE

26 Lakeview Drive, Bundaberg North, described as Lot 47 on SP123612 DECISION

Approved in full subject to conditions The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL

The following approvals are given:

Sustainable Planning Regulation 2009, schedule 3 reference

Development Permit

Preliminary Approval

Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Deemed Approval

Section 331 of the Sustainable Planning Act 2009 (SPA) is not applicable to this decision.

2. PRELIMINARY APPROVAL AFFECTING THE PLANNING SCHEME

Not Applicable. 3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE

PERMITS

Not Applicable 4. CODES FOR SELF ASSESSABLE DEVELOPMENT

Not Applicable



5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS OR WORK IN RELATION TO THE DEVELOPMENT

Not Applicable

6. SUBMISSIONS

There were 5 submissions received for the application. The name and address of the principal submitter for each properly made submission are as follows:

Name of principal submitter Address

1. Ken & Karen Baulch 29 Lakeview Drive, Bundaberg North, QLD 4670

2. A Hodgkinson 28 Lakeview Drive, Bundaberg North, QLD 4670

3. Graeme & Janice Taylor 27 Lakeview Drive, Bundaberg North, QLD 4670

4. Steve & Jacqui Canard PO Box 1052, Bundaberg, QLD 4670

5. James & Crystal Peach 20 Lakeview Drive, Bundaberg North, QLD 4670

7. CONFLICT WITH A RELEVANT INSTRUMENT AND REASONS FOR THE

DECISION DESPITE THE CONFLICT

The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

8. REFERRAL AGENCY

Not Applicable 9. APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

LD-01 Floor Plan 18/12/14

Z14-480EA Existing Site & Adjoining Uses Plan Oct. 2014

10. WHEN APPROVAL LAPSES IF DEVELOPMENT NOT STARTED

Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Not Applicable

12. CONDITIONS ABOUT INFRASTRUCTURE

No conditions about Infrastructure have been imposed under Chapter 8 of the Sustainable Planning Act 2009.



SCHEDULE 1 CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER

PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER

General

1. Meet the full cost of all works and any other requirements associated with this development, unless specified in a particular condition.

2. Where there is any conflict between Conditions of this Decision Notice and details shown on the Approved Plans, the Conditions prevail.

3. Comply with all of the conditions of this Development Permit prior to the commencement of the use, unless otherwise stated within this notice, and maintain compliance whilst the use continues.

Nature and Extent of the Approved Use

4. The Community Residence is restricted to a maximum of three (3) persons who require assistance or support with daily living needs and a single (1) carer. The occupants taken into the community residence are to permanently reside at the premises.

5. The Community Residence is to operate under the direct management/supervision of a carer at all times and in accordance with conditions of this development permit.

6. The approved use must not involve the operation of a motor vehicle with a carrying capacity exceeding four (4) tonnes.

7. All stored equipment, goods manufactured or materials used in association with the approved use must be located within a building or screened from view from all public places and adjoining properties by fencing and/or dense landscaping.

8. No advertising devices are permitted as part this development permit.

Car Parking

9. The driveway area located in front of the dwelling must not be utilised for the storage/parking of vehicles owned or utilised by occupants of the Community Residence. This area is to remain useable for visitors and the picking up or dropping off of goods or persons associated with the use.

Loading/Unloading

10. Loading and unloading of all vehicles associated with the use must occur on the subject site.

Flood Management

11. A Flood Evacuation Plan must be submitted to and approved by the Assessment Manager prior to the commencement of the use. The plan must demonstrate how people may be evacuated to a facility above the defined flood level that would have appropriate care facilities during a flood event and must include, but not be limited to, the following features:

a. The river height at which the property is isolated;

b. The evacuation route from the property to an evacuation facility and the method by which staff and residents will be transported;

c. The estimated time required to reach an evacuation facility;

d. The forecast river height/level at which to evacuate (Bundaberg City Gauge);



e. Information availability/where flood warnings will be acquired from;

f. The appointment of a site flood coordinator who will disseminate information to occupants; and

g. A contact information collection process for all occupants.

Lighting

12. External lighting used to illuminate the premises must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

Waste Management

13. Maintain and operate an adequate waste disposal service, including the maintenance of refuse bins and associated storage areas so as not to cause any nuisance, to the satisfaction of the Assessment Manager.

Seconded by Cr LG Forgan. The Motion was then put - and carried unanimously.




Item Number:

L2

File Number:

321.2014.41379.1

Part:


Portfolio:


Subject:

21 Tanner Street, Bargara - Bundaberg Open for Development - Extension Request to vary Discount Period - Benedetto Canino

At the request of the Chairman, the Group Manager Planning addressed the meeting on the report; and the queries raised were answered.

Resolution Cr GR Barnes moved:- That the Chief Executive Officer be authorised to prepare and execute a Deed of Variation to the Bundaberg Open for Development Infrastructure Agreement (executed on 3 September 2014) for Development Permit 321.2014.41379.1, being a Development Permit for Reconfiguration of a Lot – 1 Lot into 2 Lots on land located at 21 Tanner Street Bargara, that varies the infrastructure agreement as follows:- 1. The due date for the 50% discount period be changed to 31 July 2015; and 2. Insert a new clause 6.2(c) requiring the owner to achieve substantial

commencement of the development by 30 April 2015. Seconded by Cr WA Honor. The Motion was then put - and carried unanimously.




Item Number:

L3

File Number:

325.2013.38669.1

Part:


Portfolio:


Subject:

128 FE Walker Street, Kepnock - Bundaberg Open for Development Infrastructure Agreement- Hydrox Nominees Pty Ltd and Giovanni Santalucia

At the request of the Chairman, the Group Manager Planning addressed the meeting on the report.

Resolution Cr JA Peters moved:- That:- A. in response to a request from Urbis Pty Ltd pursuant to section 657 of the

Sustainable Planning Act 2009 to recalculate the value of the offsets applicable to DA 325.2013.38669.1, being a Development Permit for Reconfiguration of a Lot and Material Change of Use of land at 128 FE Walker Street, Kepnock - the Chief Executive Officer be authorised to:- 1. issue a notice pursuant to Section 657(3) of the Sustainable Planning

Act 2009 advising that the offset applicable to Condition 42 of the approval is $347,224.75; and

2. advise the applicant it is Council’s preference that Condition 47 of the approval be deleted;

B. the Chief Executive Officer be authorised to amend the draft Bundaberg Open

for Development Infrastructure Agreement for DA 325.2013.38669.1, being a Development Permit for Reconfiguration of a Lot and Material Change of Use of land at 128 FE Walker Street, Kepnock, such that the date for substantial commencement is changed to 30 June 2015; and the date for completion is changed to 31 May 2016.

Seconded by Cr M Forman.



Following discussion thereto during which Cr DE Rowleson spoke against the Motion - the Motion was put - and carried by 9 votes to 2 votes.

For Against Cr DJ Batt Cr WA Honor Cr AG Bush Cr DE Rowleson Cr AL Ricciardi Cr VJ Habermann Cr GR Barnes Cr CR Sommerfeld Cr JA Peters Cr LG Forgan Cr M Forman




Item Number:

L4

File Number:

321.2008.20814.2

Part:


Portfolio:


Subject:

Isis Highway and Eastaughffes Road, Eureka (Lot 132 and Lot 131 on CK634, Lot 129 on RP849758, Lot 128 on RP849757, Lot 1 on RP121838 and Lot 1 on CK290) - Request to Change Development Approval and Request to Extend the Relevant Period for Reconfiguring a Lot (Subdivision [6 lots into 22 lots]) Pursuant to Section 173 of the “Local Government Act 2009”, Cr WA Honor declared a perceived Conflict of Interest in relation to this item - as his daughter-in-law is the author of the report; but had considered his position and was firmly of the opinion that he could participate in debate and vote on this matter in the public interest. Pursuant to Section 172 of the “Local Government Act 2009”, Cr AL Ricciardi declared a Material Personal Interest in relation to this item - as he has business dealings with the company the subject of this Application - and with the consent of the Chairman left the Committee Room.

At the request of the Chairman, the Planning Officer (Honor) addressed the meeting on the report; and the queries raised were answered.

Resolution Cr WA Honor moved:-

That the request to Change a Development Approval and Request to Extend Relevant Period made on 6 February 2015 for Development Application 321.2008.20814.2 at Isis Highway and Eastaughffes Road, Eureka described as Lot 132 and Lot 131 on CK634, Lot 129 on RP849758, Lot 128 on RP849757, Lot 1 on RP121838 and Lot 1 on CK290 be determined as follows:-



(A) Council has considered the Request to Extend the Relevant Period under section 383 of the Sustainable Planning Act 2009 and agrees to extend the period of approval 321.2008.20814.1 for Reconfiguring a Lot for Subdivision (6 lots into 22 lots), for two (2) years, until 18 March 2017.

(B) Council has considered the Request to Change a Development Approval and

agrees to change the following parts of the approval.

Condition 1 (Approved Plans)

Plan/Document Number Plan/Document Name Prepared By Date

Harney 08028 Drawing No. 17

Proposed Survey of Lots 1-22 cancelling Lot 132 on CK634, Lot 1 on CK290, Lot 1 on RP121838, Lot 131 on CK634, Lot 128 on RP849757 and Lot 129 on RP849758

Wayne Say and Associates

4 February 2015

Condition 2 (Staging) The development is to be staged generally as follows: - (i) Stage 1 - Lots 1 to 6, (ii) Stage 2 - Lots 4 to 14 and 22; and (iii) Stage 3 - Lot 15 to 21. Condition 22 (Other) This approval will lapse on 18 March 2017 Condition 14 (Roadworks) to remain unchanged.

Seconded by Cr M Forman. Following clarification by the Group Manager Planning of Cr AG Bush’s query - the Motion was put - and carried unanimously. Cr AL Ricciardi then returned to the Committee Room.




Item Number:

L5

File Number:

322.2014.41994.1

Part:


Portfolio:


Subject:

93 Bargara Road, Bundaberg East - Material Change of Use for Industry – General (Storage and Sheds) and Commercial Activity C (Trade Showroom and Sales)

Summary: APPLICATION NO 322.2014.41994.1

PROPOSAL Material Change of Use for Industry – General (Storage and Sheds) and Commercial Activity C (Trade Showroom and Sales)

APPLICANT Emtom Pty Ltd, C/- Insite SJC Pty Ltd

OWNER Emtom Pty Ltd and G Gorza and D V Gorza

PROPERTY DESCRIPTION Lot 4 on SP268202

ADDRESS 93 Bargara Road, Bundaberg East

PLANNING SCHEME Planning Scheme for Bundaberg City

ZONING Low Impact Industry – Precinct 7b (Local Area 7)

OVERLAYS Flood Hazard Area (TLPI)

LEVEL OF ASSESSMENT Impact

SITE AREA 2.708ha

CURRENT USE Vacant

PROPERLY MADE DATE 7 November 2014

STATUS The 20 business day decision period ends on 9 April 2015

REFERRAL AGENCIES Department of State Development, Infrastructure and Planning

NO OF SUBMITTERS Two (2)

PREVIOUS APPROVALS 323.20083.20537.3 Operational Works for Filling

SITE INSPECTION CONDUCTED

November 2014

LEVEL OF DELEGATION Level 3

Pursuant to Section 173 of the “Local Government Act 2009”, Cr WA Honor declared a perceived Conflict of Interest in relation to this item - as his daughter-in-law is the author of the report; but had considered his position and was firmly of the opinion that he could participate in debate and vote on this matter in the public interest.

At the request of the Chairman, the Planning Officer (Mrs Honor) addressed the meeting on the report; and the queries raised were answered.



Resolution Cr JA Peters moved:- That Development Application 322.2014.41994.1 be determined as follows: DESCRIPTION OF PROPOSAL

Material Change of Use for Industry – General (Storage and Sheds) and Commercial Activity C (Trade Showroom and Sales) SUBJECT SITE

93 Bargara Road, Bundaberg East described as Lot 4 on SP268202 DECISION

Approved in part subject to conditions for the following Material Change of Use for Industry – General (Storage and Sheds) and Commercial Activity C (Trade Showroom and Sales) – Stage 1 only

The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL

The following approvals are given:

Sustainable Planning Regulation 2009, schedule 3 reference

Development Permit

Preliminary Approval

Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Deemed Approval

Section 331 of the Sustainable Planning Act 2009 (SPA) is not applicable to this decision.

2. PRELIMINARY APPROVAL AFFECTING THE PLANNING SCHEME

Not Applicable. 3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE

PERMITS

Listed below are other development permits and/or compliance permits that are necessary to allow the development to be carried out:

All Building Work



All Plumbing and Drainage Work

All Operational Work 4. CODES FOR SELF ASSESSABLE DEVELOPMENT

The following codes must be complied with for self-assessable development related to the development approved.

The relevant codes identified in the:

Planning Scheme for Bundaberg City and Associated Planning Scheme Policies 5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS

OR WORK IN RELATION TO THE DEVELOPMENT

Not Applicable 6. SUBMISSIONS

There were two (2) submissions received for the application. The name and address of the principal submitters of the properly made submissions are as follows:

Name of principal submitter Address

1. George and Helen Crowther 5 See Crescent, Bundaberg 4670

2. Brian and Margaret Doughty 47 Presslers Road, Rubyanna 4670

7. CONFLICT WITH A RELEVANT INSTRUMENT AND REASONS FOR THE

DECISION DESPITE THE CONFLICT

The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

8. REFERRAL AGENCY

The referral agency for this application is:

For an application involving Name of referral agency

Advice agency or concurrence agency

Address

State-controlled road

Schedule 7, Table 3, Item 1

Making a material change of use of premises if any part of the land: (a) Is within 25m of a State-

controlled road; or (b) Is future State-controlled

road; or (c) Abuts a road that intersects

with a State-controlled road within 100m of the land.

Department of State Development, Infrastructure and Planning

Concurrence State Assessment and Referral Agency (SARA)

E: [email protected]

P: PO Box 979

Bundaberg Qld 4670



9. APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan number Plan name Date

Page 2 of 6 No 3 Site Plan 10 February 2015

Page 3 of 6 No 3 Staging Plan 10 February 2015

Page 4 of 6 No 3 Shed 1 Floor Plan and Elevations 10 February 2015

MCE120515-C-05.5 Proposed Site Layout Plan 6 February 2015

10. WHEN APPROVAL LAPSES IF DEVELOPMENT NOT STARTED

Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Direction to refuse

The assessment manager was directed to refuse Stages 2 and 3 of the application by the Department of State Development, Infrastructure and Planning. The refusal is solely because of the direction of this concurrence agency.

12. CONDITIONS ABOUT INFRASTRUCTURE

The following conditions about infrastructure have been imposed under Chapter 8 of the Sustainable Planning Act 2009:

Condition/s Provision under which the Condition was imposed

28, 29, 32 and 35 Section 665 – Non-trunk Infrastructure

34 Section 646 – Identified Trunk Infrastructure

N/A Section 647 – Other Trunk Infrastructure

SCHEDULE 1 CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER

PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER

General

1. Meet the full cost of all works and any other requirements associated with this development, unless specified in a particular condition.

2. Where there is any conflict between Conditions of this Decision Notice and details shown on the Approved Plans, the Conditions prevail.

3. Comply with all of the conditions of this Development Permit prior to the commencement of the use, unless otherwise stated within this notice, and maintain compliance whilst the use continues.



Air Conditioners

4. All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages or adjoining properties.

5. Air conditioning units must be designed, installed, maintained and operated so that noise emissions are within the limits imposed by the Environmental Protection Act, Regulations and Policies.

Nature and Extent of the Approved Use

6. Unless otherwise approved in writing by the Assessment Manager, the hours of the approved use are limited to:

a. Monday to Saturday inclusive– 7.00am to 6.00pm.

7. Unless otherwise approved in writing by the Assessment Manager, all deliveries, loading/unloading activities and refuse collection are to be undertaken between the hours of 7am to 6pm Monday to Saturday inclusive.

8. Shed 1 as shown on the Approved Plans must not be used for any purpose other than the following uses as defined in the planning scheme:

a. Commercial Activity C (Trade Showroom and Sales).

9. The approved concrete hardstand area must only operate in conjunction with the activity occurring in Shed 1 on the approved plans. Shed 1 and the concrete hardstand area are to operate as one (1) tenancy only.

External Storage of Materials

10. Ensure goods, equipment, packaging material or machinery is not stored or left exposed outside the building so as to be visible from any public road or thoroughfare. Any storage on site is required to be screened from view from all roads and adjacent properties.

Fencing and Screening

11. Provide a minimum 1.8 metre high solid no-gap screen fence along the eastern (side) boundaries of the subject lot (Lot 4 on SP268202) for a distance of 63 metres, commencing from the front building line, where such fencing does not currently exist. The erection of a second boundary line fence parallel to any existing boundary fence is prohibited.

12. Provide a minimum 1.8 metre high solid no-gap screen along the full eastern side and for a distance of 10 metres along the northern side (measured from the eastern side of the area) of the concrete hardstand area for screening purposes.

Loading/Unloading

13. Loading and unloading of all vehicles associated with the use must occur on the subject site.

Construction Management

14. Unless otherwise approved in writing by the Assessment Manager, do not undertake building work in a way that makes audible noise:

a. On a business day or Saturday, before 6.30am or after 6.30pm; or

b. On any other day, at any time.



15. Contain all litter, building waste and sediments on the building site by the use of a skip and any other reasonable means during construction to prevent release to neighbouring properties or roads.

16. Remove any spills of soil or other material from the road or gutter upon completion of each day’s work, during construction. These material spills and accumulated sediment deposits must be managed in a way that minimises environmental harm and/or damage to public and private property.

Flood Management

17. Position electrical and data equipment, including switchboards, power points and light switches, above the Defined Flood Level (DFL).

18. A Flood Evacuation Plan must be submitted to and approved by the Assessment Manager prior to the commencement of the use. The plan must demonstrate how people may be evacuated from the site to a safe gathering point above the defined flood level and must include, but not be limited to, the following features:

a. The defined flood level for the site;

b. The river height at which the property floods;

c. The evacuation route from the property to an evacuation centre/point and the method by which staff and patrons will be transported;

d. The estimated time required to reach an evacuation centre;

e. The forecast river height/level at which to evacuate (Bundaberg City Gauge);

f. Information availability/where flood warnings will be acquired from;

g. The appointment of a site flood coordinator who will disseminate information to staff and patrons;

h. Procedures for assisting those with a disability;

i. A contact information collection process for all current staff; and

j. A plan showing primary and secondary evacuation routes and assembly areas for the building.

19. Display floor plans showing evacuation routes and exits in prominent locations throughout the building. The manager/operator of the facility is to have access to, and a detailed understanding of, their obligations/requirements under the Approved Flood Evacuation Plan.

20. Ensure materials stored on-site, where capable of creating a safety hazard by being shifted by flood waters, are contained in order to minimise movement in times of flood or are readily able to be moved in a flood event.

21. No bulk storage of hazardous material below the defined flood level is permitted.

Landscaping

22. A landscape plan must be submitted to and approved by the Assessment Manager prior to the commencement of any landscaping works. The plan must be generally in accordance with the Approved Plans, have regard to the conditions of this approval and include, but not be limited to, the following features:

a. The area or areas set aside for landscaping;

b. Location and name of existing trees;



c. A plan and schedule of all proposed trees, shrubs and ground covers which identifies:

i. The location and sizes at planting and at maturity of all plants;

ii. The utilisation of species indigenous to the area (the Plant Species List contained within Council’s Landscaping Planning Scheme Policy is a guide to species selection; the botanical and common names of plants must be provided.). No exotic plants are to be specified;

d. The location of all areas to be covered by turf or other surface material including pavement and surface treatment details;

e. Measures to ensure that the planted trees will be retained and managed to allow growth of the trees to mature size;

f. Details of any landscaping structures, including entrance statements;

g. Details of cutting and filling and all retaining structures and fences and associated finishes;

h. Contours or spot levels if appropriate;

i. Fence size and materials;

j. Inclusion of a controlled underground or drip irrigation system. Any such system is to be fitted with an approved backflow water prevention device;

k. Location of any drainage, sewerage and other underground services and any overhead power lines;

l. Property boundary garden/landscape bed edge walls must be provided with sleeper or equivalent retaining walls to contain the garden material within the site. Such walls must be constructed to a height that is at or above the sealed car parking areas;

m. A two (2) metre wide landscaping strip along the Bargara Road road frontage of the subject site, exclusive of the access driveway, uncompromised by infrastructure items.

Lighting

23. External lighting used to illuminate the premises must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

Noise

24. Noise produced by the use must not exceed the background noise level plus 5db(A) (6am - 6pm) or background noise level plus 3db(A) (6pm – 10pm) or background noise level (10pm – 6am) (measured as the adjusted maximum sound pressure level at any noise sensitive place).

Waste Management

25. Maintain and operate an adequate waste disposal service, including the maintenance of refuse bins and associated storage areas so as not to cause any nuisance, to the satisfaction of the Assessment Manager.

26. An on-site Waste Management Plan must be submitted to and approved by the Assessment Manager. The plan must have regard to the conditions of this approval and include, but not be limited to, the following details:



a. the waste management process, including the type and size of receptacle/s to be utilised (e.g. 1m³ bulk bins) for general waste and recycling;

b. the location of waste receptacle storage areas and collection points;

c. how waste collection vehicles will be able to safely and effectively access bins.

27. An impervious bin storage area (Bin Enclosure) for waste receptacles, must be provided in accordance with the following:

a. the bin storage area must be sufficient to accommodate all refuse containers required by the Assessment Manager for the scale of the development;

b. the bin storage area must be aesthetically screened from the road frontage and adjoining properties by landscaping or constructed screening;

c. a suitable hose cock (with backflow prevention) and hoses must be provided at the refuse container area, and wash down to be drained to sewer and fitted with an approved stormwater diversion valve arrangement.

Water

28. Provide a metered service, and internal infrastructure as required, to satisfy the fire fighting and water supply demands of the development.

Stormwater

29. Install a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular:

a. extension of the site stormwater system to accommodate stormwater from Campbell Street, including concrete lining, underground drainage if applicable, overland flowpaths and registration of drainage easements;

b. extension of the underground drainage in Bargara Road to accommodate the new proposed entry;

c. Stormwater drainage must be designed and constructed in accordance with the requirements of the Queensland Urban Drainage Manual and Bundaberg Regional Council, i.e., a piped system (impervious areas) with a capacity to cater for Q 10 ARI flows, with overland flowpaths to be provided for a capacity of Q100ARI less piped flow;

d. Where an overland component of the Q100 ARI flows must be conveyed to the open drain to the northwest of the site, or works to create a detention basin, such open drains must –

i. Have capacity for Q100 flows from the existing upstream catchments and this development with a minimum 150 mm freeboards;

ii. Have a maximum batter slopes 1V : 6H; and

iii. Have a maintainable invert; and

e. The design for the site drainage system, fill, car parking and access must be undertaken so that flows from adjacent properties will not be impeded by the development;

30. Prior to the submission of the Operational Work application the Developer must:

a. Provide a detailed bulk earthwork plan or detailed design for the proposed works within the subject land. This bulk earthwork plan will then form the basis of the Cut/Filling Plan;



b. Provide to Council for its approval a 2D XP SWMM models, or such other format approved by the Development Assessment Manager, incorporating rainfall events up to Q100 ARI (inclusive of global warming) and the flood event of 2013. The model must address drainage from the upstream catchments, the flood effect of the proposed filling on the subject land and infrastructure required in the drainage conditions. Such modelling must also demonstrate that:

i. The development does not directly, indirectly or cumulatively change flood characteristics which may cause adverse impacts external to the development; and

ii. The proffered works comply with the outcomes of the flood hazard code, and

c. At the successful outcome of the item b, provide to Council a Drainage Report (or Site Based Stormwater Management Plan) that clearly enunciates the method and outcomes of the 2D XP SWMM modelling.

31. The drainage system for the development must incorporate Stormwater Quality Improvements in accordance with the State Planning Policy July 2014 and the Bundaberg Regional Council Stormwater Management Strategies. A Site Based Stormwater Management Plan and Erosion and Sediment Control Management Plan, inclusive of long term maintenance measures, must be submitted as part of an application for Operational Works outlining how the Stormwater Quality Improvements in both the construction and operational phases of the development will be achieved.

Roadworks and Access

32. Kerb and channelling as indicated on the approved plans must be provided on the Bargara Road frontage from the eastern property boundary to approximately 20 metres past the main entrance.

33. Provide signage in accordance with the Manual of Uniform Traffic Control Devices or equivalent that will guide service and delivery trucks away from the proposed parking areas.

Pedestrian and Bicycle Facilities

34. Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include:

a. A 1.5 metre (minimum) concrete ribbon pathway generally in accordance with Council’s drawing 13977 from the pathway in Bargara Road to the Stage 1 Pedestrian Walkway; and

b. A two (2) metre wide concrete multi-modal pathway and pram ramps generally in accordance with Council’s drawing 13977 from the driveway access to the existing pathway adjacent to 113 Bargara Road.

Car Parking

35. Provide off-street car parking and vehicle manoeuvring areas with a minimum of 20 parking spaces and one (1) dedicated loading bay. Such car parking, access and manoeuvring areas must be generally in accordance with the Approved Plans and be:-



a. constructed and sealed with bitumen, asphalt, concrete or approved pavers;

b. line-marked into parking bays;

c. designed to include a manoeuvring areas to allow all vehicles to leave the site in a forward gear;

d. designed to include the provision of fill and/or boundary retaining walls to allow for the containment and management of site stormwater drainage as required;

e. sign posted to indicate entry/exit points, in addition to line marking, to indicate the traffic flow through the site;

f. drained to the relevant site discharge point; and

g. designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities Part 1: Off-street Car Parking’.

Easements

36. Lodge for registration at the office of the Land Registry a stormwater drainage easement having a minimum width of three (3) metres or as determined in an application for Operational Works though hydraulic calculations, whichever is the greater, to the benefit of Council that includes:

a. all stormwater overland flow paths traversing the land;

b. Q100 ARI stormwater overland flow paths traversing the site; and

c. any stormwater main existing or proposed to traverse the land located within the easement and a minimum of one (1) metre from the easement boundary;

37. Draft easement documentation must be submitted to the Assessment Manager for endorsement.

38. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.

39. Ensure that any easements and rights pertaining to the parcels of land associated with this approval are maintained unless otherwise stated on the Approved Plan/s or the conditions of this approval. Proof of the registration or surrender of any easements are to be submitted to the Assessment Manager at the time of the submission of a Plan of Subdivision for compliance assessment and signing.

PART 1B – ADVICE NOTES

Environmental Harm

A. The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse effect, or potential adverse effect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance.



Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Fencing

B. Should any existing fence not comply with the requirements of this approval, the existing fence must be replaced in accordance with the requirements of this approval.

C. Fencing should be undertaken in accordance with the provisions of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. This includes appropriate mediation practices and agreements regarding the type of materials, location and retrieval of any materials for any fence removed.

Flood Evacuation Plan

D. In order to protect and/or minimise the damage to property and aid in business continuity post-flood, a flood preparation checklist may be included in the Flood Evacuation Plan for the development which addresses matters such as:

a. The preparation of an emergency flood kit;

b. The packing of critical documentation (legal, financial, insurance) in a waterproof container;

c. The backing up of critical data to a portable storage device and its storage in a safe place;

d. Raising of items to a higher level;

e. Securing hazardous items (e.g. gas bottles);

f. Moving or elevating dangerous items (e.g. chemicals);

g. Switching off electricity at the switchboard;

h. Turning gas and water off at the meter; and

i. Blocking toilet bowls and covering drains with a strong plastic bag filled with earth or sand.

Infrastructure Charges Notice

E. Please find attached the Infrastructure Charges Notice (Register No: 331.2015.721.1) applicable to the approved development.

Nature and Extent of Approved Development

F. This Decision Notice does not represent an approval to commence Building Works.

Signage

G. An Operational Works permit is required to be obtained for all signs and advertising devices associated with the development that do not comply with the self assessable criteria of the Planning Scheme in effect at the time of the proposed works.

Other

H. The development approval for operational works on the site approved a fill height of RL 8.5 AHD; not RL 9.3 as requested in this application.



PART 2—CONCURRENCE AGENCY CONDITIONS

The Department of State Development, Infrastructure and Planning, by letter dated 9 March 2015 (copy letter attached for information). Seconded by Cr DE Rowleson. There being no discussion on this item - the Motion was put - and carried unanimously.




Item Number:

R1

File Number:

Part:

Meeting Close

Subject:

Meeting Close

There being no further business – the Chairman declared this Planning Committee Meeting closed at 11.37 am.

Confirmed this seventh day of April 2015. CHAIRMAN

Documents

Planning Committee Meeting Minutes - City of · PDF filePlanning Committee Meeting Minutes Committee Room, ... APPLICATION NO 322.2014.42347.1 PROPOSAL Community Activity ... Cr DJ