12 november 2014 c/- brazier motti pty ltd po box 420€¦ · c/- brazier motti pty ltd po box 420...

YOUR REF:

OUR REF: DA-2014-198

12 November 2014

Jeanette M Jones C/- Brazier Motti Pty Ltd PO Box 420 MACKAY QLD 4740

Dear Sir/Madam

DECISION NOTICE

Applicant: Jeanette M Jones Proposal: Material Change of Use - Dwelling House (Steep Land

Overlay) Application Number: DA-2014-198 Address: 24 Ian Wood Drive, DOLPHIN HEADS QLD 4740 Property Description: Lot 58 on RP730772

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

Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights

If you require any further information, please contact Josephine McCann.

This is a Mackay Regional Council digitally signed document.

Decision Notice

Sustainable Planning Act

Application Number: DA-2014-198

Date of Decision: 11 November 2014

1. APPLICANT/S DETAILS

Name: Jeanette M Jones

Postal Address:

C/- Brazier Motti Pty Ltd

PO Box 420

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 24 Ian Wood Drive, DOLPHIN HEADS QLD 4740

Property Description: Lot 58 on RP730772

3. PROPOSAL

Material Change of Use - Dwelling House (Steep Land Overlay) 4. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Development Permit

Approved in Full Subject to Conditions


Decision Notice


5. ASSESSMENT MANAGER’S CONDITIONS

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

6. IDAS REFERRAL AGENCIES

Concurrence Agencies Dept of State Devel, Infrastructure and Planning

Mackay Isaac Whitsunday Regional Office PO Box 710 MACKAY QLD 4740

7. SUBMISSIONS

There were no properly made submissions received on this application.

8. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme including amendments up to 24February 2014.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED

Operational Works Development Permit –Private Infrastructure

Earthworks associated with the driveway extending to the Ian Wood Drive carriageway. Access Driveway extending to the Ian Wood Drive carriageway. Retaining Walls associated with the earthworks. Stormwater from the site and access driveway Sewerage (if alterations required) Water Supply (if alterations required)

Compliance Certificate Document

Earthworks associated with the driveway extending to the Ian Wood Drive carriageway. Access Driveway extending to the Ian Wood Drive carriageway. Retaining Walls associated with the earthworks. Stormwater from the site and access driveway Sewerage (if alterations required) Water Supply (if alterations required)

Building Works – Development Permit Plumbing and Drainage Works – Compliance Permit


Decision Notice


11. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

12. RELEVANT PERIOD

The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to eachaspect of development in this approval, if not stated in the conditions of approval attached.

13. APPEALS

Attached is an extract from the Sustainable Planning Act 2009 which details your appeal rights and theappeal rights of any submitters regarding this decision.

14. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

12th November 2014

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2014-198 Decision Date: 11 November 2014

Page 1 of 4

1. Plan of Development

The approved Material Change of Use – Dwelling House to be located on Land affected by the Steep Land Overlay Code development must be completed and maintained generally in accordance 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.

Project

Job No

Plan REV Prepared by Date

Jones Residence 24 Ian Wood Drive

579 Site Plan D mnarchitects 17-04-2013


579 Basement Floor Plan

E mnarchitects 02-05-2013


579 Ground Floor Plan



579 Level 1 Plan



579 Elevations E mnarchitects 17-04-2013


579 Perspectives-I E mnarchitects 17-04-2013


579 Perspectives II E mnarchitects 17-04-2013


579 Perspectives III

B mnarchitects 17-04-2013

2. Geotechnical Certification

A suitably qualified geotechnical professional must certify that:-

a) The civil/structural design complies with the geotechnical report prepared by Ground Environments on 4 April 2014;

b) The recommendations of the geotechnical report were undertaken during

construction, and c) At the completion of the development, that the risk level in relation to landslide is

certified as ‘low’ in accordance with ‘Landslide Risk Management’ Australian Geomechanics Journal Vol 42 No.1 March 2007.

The certification in relation to a) must be provided prior to the building works approval. The certification in relation to b) and c) must be provided prior to the commencement of the use.

3. Compliance with Conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.


ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2014-198 Decision Date: 11 November 2014

Page 2 of 4

4. Access

A private access driveway must be provided to the site from Ian Wood Drive. Details ofthe access driveway and associated drainage are to be provided with the OperationalWorks application.

5. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways andother external spaces) in accordance with the approved drawing(s) and/or documents,and any relevant Council engineering or other approval required by the conditions.

6. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approvaland the approved plans, the requirements of the written condition(s) will prevail.

7. Minimum Building Floor Level

The minimum habitable floor level of the proposed development must be the higher of:-

225 mm above ground level a level which allows the connection of all sanitary fixtures to the designated sewer

connection point by means of sanitary drainage which complies with AS3500

8. Electricity and Telecommunications Services

The approved development must be provided with electricity and telecommunicationsinfrastructure.

9. Damage

The developer is responsible for the repair of any damage that is caused to Council’sinfrastructure as a result of the construction works associated with the proposeddevelopment. Council must be notified immediately and will make the decision as to whowill carry out the rectification works and the timing for the completion of those works.

10. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collected within the propertyboundaries and discharged via an underground system to Council’s stormwater system.The Council stormwater discharge point is the road table drain in Ian Wood Drive.

11. Ponding and Diversion of Stormwater

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




Page 3 of 4

12. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’sPolicies, Engineering Design Guidelines, Standard Drawings and Standard ConstructionSpecifications.

ASSESSMENT MANAGERS ADVICE

1. Local Laws

The approved development must also comply with Council’s current Local Laws underthe Local Government Act 2009.

2. Hours of Work

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

3. Dust Control

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

4. Sedimentation Control

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




Page 4 of 4

6. General Safety of Public during Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2)Work Health and Safety Act 2011. Section 19 (2) states that a person conducting abusiness or undertaking must ensure that the health and safety of other persons is notput at risk from work carried out as part of the conduct of the business or undertaking.

It is the responsibility of the person in control of the workplace to ensure compliance withSection 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that theperson in control of the workplace is obliged to ensure that the means of entering andexiting the workplace and anything arising from the workplace are without risks to thehealth and safety of any person.

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regardingcontaminated land from the Department of Environment and Heritage Protection,Contaminated Land Section as Council has not conducted detailed studies and does nothold detailed information pertaining to contaminated land.


Mackay Isaac Whitsunday Regional OfficeLevel 4, 44 Nelson Street

PO Box 710Mackay QLD 4740

Our reference: SDA-0914-014267Your reference: DA-2014-198

31 October 2014

Barry Omundson – CEOMackay Regional CouncilPO Box 41Mackay QLD 4740

Attention: Jo McCann

Dear Jo,

Concurrence agency response given under section 285 of the Sustainable Planning Act 2009 for Development Application for Development Permit - Material Change of Use – Dwelling House (Steep Land Overlay) located upon Lot 58 on RP730772, described as 24 Ian Wood Drive, Dolphin Heads – no requirements

The referral agency material for the development application described below was received by the Department of State Development, Infrastructure and Planning under section 272 of the Sustainable Planning Act 2009 on 24 September 2014.

Applicant details

Applicant name: Jeannette Jones C/- Brazier Motti

Applicant contact details: PO Box 420

Mackay Queensland 4740

[email protected]

Site details

Street address: 24 Ian Wood Drive, Dolphin Heads

Real property description: Lot 58 on RP730772


sarahwe

Received (Manual Date)

SDA-0914-014267

Department of State Development, Infrastructure and Planning Page 2

Local government area: Mackay Regional Council (DA-2014-198)

Application detailsProposed development: Development Application for Development Permit - Material

Change of Use – Dwelling House (Steep Land Overlay)

Referral triggers

The development application was referred to the department under the following provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 3, Item 5 – Coastal Management District

No requirementsThe department advises the assessment manager, under section 287(2)(a) of the Sustainable Planning Act 2009, that it has no requirements relating to the application.

A copy of this response has been sent to the applicant for their information.

If you require any further information, please contact Alice Slark, Senior Planning Officer, Mackay Isaac Whitsunday Regional Office, on (07) 4898 6815, or via email [email protected] who will be pleased to assist.

Yours sincerely

Jamie ThorleyManager (Planning) – Mackay Isaac Whitsunday Regional Office

cc: Jeannette Jones C/- Brazier Motti, [email protected]



karenh

Received (Manual Date)

Josephinem

Manual DA & Date


Josephinem

Manual DA & Date

Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 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.


12 november 2014 c/- brazier motti pty ltd po box 420€¦ · c/- brazier motti pty ltd po box 420...

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