13 june 2014 broadplan property consultants 1 upton ave ... · broadplan property consultants 1...

OUR REF: DA-2013-201

13 June 2014 Broadplan Property Consultants 1 Upton Ave ANDERGROVE QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Broadplan Property Consultants Proposal: Material Change of Use - Multiple Dwelling Units (3) Application Number: DA-2013-201 Address: 14 Martin Street, NORTH MACKAY QLD 4740 Property Description: Lot 42 on M9175 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Andrea McPherson.

This is a Mackay Regional Council digitally signed document.

Decision Notice

Sustainable Planning Act

Application Number: DA-2013-201

Date of Decision: 13 June 2014

1. APPLICANT/S DETAILS

Name: Broadplan Property Consultants

Postal Address: 1 Upton Ave

ANDERGROVE QLD 4740

2. PROPERTY DETAILS

Property Address: 14 Martin Street, NORTH MACKAY QLD 4740

Property Description: Lot 42 on M9175

3. PROPOSAL

Material Change of Use - Multiple Dwelling Units (3) 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 clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

6. IDAS REFERRAL AGENCIES It is advised that there are no Referral Agencies for this application. 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 24 February 2014.

9. SUPERSEDED PLANNING SCHEME

Not Applicable

10. FURTHER APPROVALS REQUIRED Operational Works Compliance Permit – Public Infrastructure

Footpath Sewerage House Connection Branch Water Services Invert crossing and concrete driveway to site boundary Landscaping (including Street tree)

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

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 each aspect 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 the

appeal rights of any submitters regarding this decision. 14. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

16th June 2014

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-201 Decision Date: 13 June 2014

Page 1 of 7

1. Plan of Development

The approved Material Change of Use – Multiple Dwelling Units (3) 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.

Title Drawing Number

Prepared by Date

Site Plan Earthspirit nd Ground Floor Plan 1.02 SSH-3 Earthspirit 18/06/09 Upper Floor Plan 1.03 SSH-3 Earthspirit 18/06/09 Proposed Roof Plan 1.04 SSH-3 Earthspirit 18/06/09 North/South Elevation 1.05 SSH-3 Earthspirit 18/06/09 East Elevation 1.06 SSH-3 Earthspirit 18/06/09 West Elevation 1.07 SSH-3 Earthspirit 18/06/09 North/South Elevation 1.08 SSH-3 Earthspirit 18/06/09 Carport Plans/Elevation 1.09 SSH-3 Earthspirit 18/06/09 Section 1.10 SSH-3 Earthspirit 18/06/09 Ground Floor (Street Level)

na Lime Corporate nd

2. 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.

3. Maintenance of Development

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

4. Conflict between plans and written conditions

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

5. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given to Council that the use (development and / or works) fully complies with the decision notice issued in respect of the use (please see attached notice for your completion).



Page 2 of 7

6. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Construction Specifications.

7. Damage

The developer is responsible for the repair of any damage that is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. The developer must make any damage safe and then notify Council immediately. Council will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

8. Minimum Building Floor Level

The minimum habitable floor level of the proposed development must be the higher of: 300mm above the Q100 flood level (Q100 flood level = RL 6.20m AHD) 300mm above the top of kerb 300mm above the crown of the road 225mm 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

9. Site Filling

a) Filling on site must be restricted to the building footprint and car park areas

only. b) Filling of other parts of the site must be limited to the minimum amount

necessary to enable the site to be free draining. 10. Invert Crossing and Driveway

A new residential invert crossing and concrete driveway for access from new Units 1 and 2 to Martin Street must be constructed in accordance with Council’s Standard Drawing A3-773. A minimum 3.0m wide concrete driveway must be constructed within the property to provide access to the carparking areas of Units 1 and 2.

11. Concrete Footpath

A 1.5m wide concrete footpath must be constructed for the full frontage of the site in Martin Street.



Page 3 of 7

12. Minimum Car Parking Spaces The car parking area must be constructed, sealed, line marked and drained for 2 covered car parking spaces plus 2 uncovered visitor car parking spaces. The car parking must be designed in accordance with AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking and AS/NZS2890.6:2009 Parking facilities.

13. Existing House Car parking for the existing house must be established in accordance with the

Ground Floor (Street Level) plan of development. Access is to be from the existing concrete driveway.

14. Car Park Kerbing

a) A 125mm high vertical concrete kerb must be provided adjacent to the car

parking areas. b) Car parking bays abutting walls, footpaths and landscaping must be provided

with wheel stops.

15. Vehicle Manoeuvring All car parking spaces for new Units 1 and 2 must be designed to allow all vehicles to drive forwards both when entering and leaving the property.

16. Stormwater Drainage

Stormwater from the area of the site to be occupied by proposed Units 1 and 2; new

driveway and surrounds (including roofwater) must be collected within the property boundaries and discharged via an underground system to Council’s stormwater system. The stormwater discharge point is:

The existing kerb and channel in Martin Street.

17. 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.

18. On-Site Detention

A detailed design of the on-site detention system must be submitted as part of the Operational Works application and must include above ground tank/s of total capacity of 4 500 litres that are dedicated for on-site stormwater detention (OSD) with a 50mm dia. outlet, located at the lowest point of the tank/s.

A note with regards to the OSD maintenance requirements of the development will be placed on Council’s Rates Database.



Page 4 of 7

19. Sewer Connections

Proposed Units 1 and 2 must connect to the existing sewer within the site using a new house connection branch. The house connection branch for the existing dwelling must be retained.

20. Water Services

Proposed Units 1 and 2 must connect to the existing water main on the northern side of Martin Street. The new water service crossing must be provided by underboring the Martin Street pavement. The existing water service to the existing dwelling must be retained.

21. Sewers Policy

All building work is to comply with QDC MP 1.4 – “Building Over or Near Relevant

Infrastructure”. 22. Live Connections

Council’s Water and Waste Services Department is to carry out all water connection

and live sewer work at the developer’s expense. 23. Sewer Easement

An easement must be provided over the existing sewer in accordance with Council’s Engineering Design Guideline – Planning Scheme Policy No. 15.14 “Sewerage System Design”.

24. Water Metering

Separate water meters must be provided for each new dwelling. 25. Use of Carparking areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

26. Damage

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

27. Landscaping

The developer must provide landscaping for all areas identified in Plan 1 (attached)



Page 5 of 7

28. Landscape Plan Required

A detailed site and footpath landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with Operational Works Compliance Permit application. The plan must comply with the requirements of Plan 1 (attached) and include the following: Landscape specification of sufficient detail so that landscape works are to be

carried out; Plant schedule detailing number of plants, species, pot size and height at

planting; Details of soil and mulch types, including depths, areas of turf, garden edges and

paving finishes; The details of the irrigation system needed at least for establishment and

backflow prevention device. Any proposed landscaped works within Council’s Road Reserve must comply with Planning Scheme Policy No.11 – Landscaping. The landscaping plan must also show the following features:

Proposed location of individual mail boxes for all 3 units. Provision of open air clothes drying facilities for all 3 units The proposed location of waste storage areas for all 3 units

29. Ground floor storage

The plans of development for Unit 1 and 2 are to be amended to demonstrate the location of a secure ground floor storage space. The space is to have a minimum area of 6m3 for each unit. The storage area may be located within the garage of each dwelling.

30. Front fencing

The developer must establish screening vegetation behind the existing front fence. Species used must be able to attain a height of 1.5m within 2 years.

31. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the commencement of the use on the site.

32. Demolish/Remove Existing Structure(s)

All existing buildings currently situated on the subject site, with the exception of the dwelling house, must be demolished or removed from the subject site prior to the commencement of the use. A Building Approval is required for demolition and should be issued by a Private Building Certifier.



Page 6 of 7

33. Safety Mirror The developer must provide a safety convex mirror, in the location identified on Plan

1, to assist the visibility of vehicles reversing from Unit 1 and 2. 34. Ceiling fans

The developer is to provide ceiling fans in all habitable rooms of Units 1 and 2. 35. Unit numbering The developer must attach numbering to proposed Unit 1 and 2 to facilitate ease of

identification. 36. Waste Storage Area

Waste storage areas for all 3 units must be provided in the location shown on the approved plan and must comply with the following; Contain an impervious surface. a) Contain sufficient storage space for the storage of 240 litre refuse and recycling

bins for each unit. 37. Visual Screen Fencing

A visual screen fence between the site and adjoining properties must be constructed. The screen fence must be a minimum height of 1.8 metres. Furthermore, the fence must be tapered to a height of 1.2 metres within 6 metres of the front alignment. The total cost of this fencing to be met by the Developer.

38. No Nuisance to Adjoining Properties

All service equipment, lighting and air-conditioning units shall be located so as to not cause a nuisance to neighbouring properties.

ASSESSMENT MANAGER’S ADVICE

1. Local Laws

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

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 7 of 7

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 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put 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 with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

7. Contaminated Land

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

8. Adopted Infrastructure Charges Notice

Pursuant to the Sustainable Planning Act 2009 and the State Planning Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Notice relates to this Development Permit, and accompanies this notice.

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.



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Manual DA & Date

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post: P.O.BOX 7085 EAST BRISBANE QLD 4169 4/963 STANLEY ST EAST EAST BRISBANE OLD 4169

ph: [ 07 3391 3399 fax: [ 07 3391 2133

[email protected] COSA LIC. NO: 102 3697 ABN # 69 577 306 078

PROJECT

11P' earthspirit

architecture • construction inspiration

DESIGNED IN ACCORDANCE WITH THE BUILDING CODE OF AUSTRALIA AND THE BUILDING ACT 1915-1991

ALL THE FRAMING TO COMPLY

WITH THE AUSTRALIAN STANDARD

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GENERAL NOTES

0 0 NOT SCALE USE FIGURED DIMENSIONS ONLY

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IMPORTANT NOTE These plans are protected by copyright and should not be;

- Copied or reproduced in part or whole,

- Altered, changed or amended,

- Extended or added to,

Without the express written consent of the copyright holder.

ATTENTION CERTIFIERS AND APPROVAL AUTHORITIES These plans are protected by copyright and should not be approved approved unless accompanied by an original

copyright license bearing a hand written signature with and a license number matching that on the plans. For clarification, contact the Copyright Proprietor

on [07] 3391 3399

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UPPER FLOOR PLAN

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DRAWN This is a Mackay Regional Council digitally signed document.

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APPENDIX A2

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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.


Decision Notice


NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2013-201

Date of Approval 13 June 2014

Approved Material Change of Use - Multiple Dwelling Units (3)

Location 14 Martin Street, NORTH MACKAY QLD 4740

Property Description Lot 42 on M9175

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Broadplan Property Consultants Address: 1 Upton Ave ANDERGROVE QLD 4740 _________________________________________ Signature of Applicant Date: ______________


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