13 march 2017 c/- michael mcerlean po box 2022 …€¦ · c/- michael mcerlean po box 2022...

YOUR REF: 16MIMRC-MCU OUR REF: DA-2016-106

13 March 2017 Marina International Pty Ltd and Mackay Marina Carparking Pty Ltd c/- Michael McErlean PO Box 2022 BROOKSIDE CENTRE QLD 4053 Dear Sir/Madam DECISION NOTICE Applicant: Marina International Pty Ltd and Mackay Marina Carparking Pty Ltd Proposal: Material Change of Use - Hotel (Extension to Existing Clarion

Hotel) Application Number: DA-2016-106 Address: 34-38, 40, 42 and 44 Mulherin Drive, MACKAY HARBOUR QLD

4740 Property Description: Lot 27 and 29 on SP175677 and Lot 30 and 31 on SP160880 Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights

Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice If you require any further information, please contact Brogan Jones.

This is Mackay Regional Council digitally signed document.

Decision Notice

Sustainable Planning Act

Application Number: DA-2016-106

Date of Decision: 8 March 2017

1. APPLICANT/S DETAILS

Name: Marina International Pty Ltd and Mackay Marina Carparking Pty Ltd

Postal Address:

c/- Michael McErlean

PO Box 2022

BROOKSIDE CENTRE QLD 4053

2. PROPERTY DETAILS

Property Address:

34-38 Mulherin Drive, MACKAY HARBOUR QLD 4740,

40 Mulherin Drive, MACKAY HARBOUR QLD 4740,

42 Mulherin Drive, MACKAY HARBOUR QLD 4740,

44 Mulherin Drive, MACKAY HARBOUR QLD 4740

Property Description: Lot 27 and 29 on SP175677 and Lot 30 and 31 on SP160880

3. PROPOSAL

Material Change of Use - Hotel (Extension to Existing Clarion Hotel) 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

Submitter (with Appeal Rights)

Andrew Howard Unit 15, 32 Mulherin Drive, Mackay Marina Qld 4740


Wayne Brown Unit 9, 32 Mulherin Drive, Mackay Marina Qld 4740


Michael Duffy Chairman Body Corporate of Puerto Galera

Unit 7, 32 Mulherin Drive, Mackay Marina Qld 4740


Joseph J & Christine A Muscat PO Box 3634, North Mackay Qld 4740


Vincent Dettori Unit 11, 32 Mulherin Drive, Mackay Marina Qld 4740


John & Jo Lloyd Unit 4, 32 Mulherin Drive, Mackay Marina Qld 4740


Lindsay & Heather Steyer Unit 8, 32 Mulherin Drive, Mackay Marina Qld 4740


Michael & Janice Duffy Unit 7, 32 Mulherin Drive, Mackay Marina Qld 4740


Alan Haynes Unit 16, 32 Mulherin Drive, Mackay Marina Qld 4740


Kevin & Jan Powell Unit 14, 32 Mulherin Drive, Mackay Marina Qld 4740


Bob Wisely Unit 13, 32 Mulherin Drive, Mackay Marina Qld 4740


Monica McKendry Unit 2, 32 Mulherin Drive, Mackay Marina Qld 4740


Bryan Finney PO Box 71, Arana Hills Qld 4054


Ben Anderson 819 Yakapari-Habana Road, Habana Qld 4740


W McMillan 13 Eucalyptas Drive, Andergrove QLD 4740


Kristyn Deegan 5 Bowen Court, Mount Pleasant QLD 4740


Ana Barnes 5 Beckett Court, Ooralea QLD 4740


Janine Williams 4 Marine Pde, Bucasia QLD 4750


Decision Notice



Manda Whan 167 Bedford Road, Andergrove QLD 4740


L Scholtz 52 Lugano Mews, Andergrove QLD 4740


Amy Hasegawa 19 Livistonia Street, Andergrove QLD 4740


Gardiner Burrows 51 Cinnamon Drive, Glenella QLD 4740


K Scott 9 Apollo Drive, Andergrove QLD 4740


Danielle Anderson Unit 3, 5 Megan Place Admiralty Towers, Mackay Marina Qld 4740


Lani Deacon 19 Burston Street, North Mackay Qld 4740


S Dando 5/43 Owen Jenkins Drive, Sarina Beach QLD 4737


Ashleigh Ryalls 25 Gold Street, Grasstree Beach QLD 4737


Jared Dittman 276 Bedford Road, Andergrove QLD 4740


Lyne Gray PO Box 2040, Mackay QLD 4740


Christian Odena 9 Monash Way, Ooralea QLD 4740


Paula Litzow 93113 Bruce Highway, Mackay QLD 4740


Debra Fleming 13 Stott Street, Bucasia QLD 4750


Alma Pada 1/107 Shakespeare Street, Mackay QLD 4740


Cleo Flazon 15 Pandanus Street, Beaconsfield QLD 4740


Dannielle Venn 13 Michigan Way, Andergrove QLD 4740


Racheal Butler PO Box 2040, Mackay QLD 4740


Natasha Gray 1/2 Shakespeare Street, Mackay QLD 4740


Natalie Pappas 9 Newton Street, Andergrove QLD 4740


Darren Deacon 32 Hoey Street, East Mackay QLD 4740


Mary Grace Vinzon 29 Joseph Court, Glenella QLD 474


Kodi Blackman 77 Pratt Street, South Mackay QLD 4740


Kim Stewart 6 Mandalay Road, Jubillee Pocket QLD 4802


Trudy Runge 7 Bovey Street, North Mackay Qld 4740


Decision Notice



David Hoy 100 Shute Harbour Road, Cannonvale QLD 4802


Lance Beard 1 Alan Naish Court, Mackay QLD 4740


Therese Saad 62/65 Manooka Drive, Cannonvale QLD 4802


David Migijorini 16 Jubilee Pocket Road, Jubillee Pocket QLD 4802


Deborah Briskey 26 Macarthur Drive, Cannonvale QLD 4802


Vickie Walbce 72 Abell Road, Cannonvale QLD 4802


Kelvin Torr 2614 Shute Harbour Road, Jubillee Pocket QLD 4802


Nick Ronchi 38 Shute Harbour Road, Cannonvale QLD 4802


Claire Maskill 78 Abell Road, Cannonvale QLD 4802


Jade Pope 67 McCarthur Road, Cannonvale QLD 4802


Paula Hovey 50 Wattle Road, Cannonvale QLD 4802


Rebecca Scott 23 Hidden Court, Cannonvale QLD 4802


Shaun Oates 83/21 Shute Harbour Road, Cannonvale QLD 4802


Jessica Strohfeldt 9 Sabel Boulevard, Jubillee Pocket QLD 4802


Bradley Hernicks The Grove, 25 Abell Road, Cannonvale QLD 4802


Lisa Matheson 65/97A Nanooka Drive, Cannonvale QLD 4802


Egle Futsmaa 6/3 Maeva Street, Jubillee Pocket QLD 4802


Tennille Cockburn 44 Abell Road, Cannonvale QLD 4802


Janelle Cockburn 44 Abell Road, Cannonvale QLD 4802


Mark Wilkins 322-9A Hermitage Drive, Airlie Beach QLD 4802


Wayne Fairbrother 44 Abell Road, Cannonvale QLD 4802


James Caldwell 6 Hammer Street, Slade Point QLD 4740


Andrew Bell 38 Shute Harbour Road, Cannonvale QLD 4802


Peter Francis 25 Hurst Street, Bundaberg QLD 4670


Decision Notice


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 Nil

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 Manager Development Assessment

Signature Date


shane

Typewritten Text

13th March 2017

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2016-106 Decision Date: 8 March 2017

Page 1 of 4

1. Plan of Development

The approved Material Change of Use – Extension of existing Clarion Hotel (Marquee) 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.

2. Compliance with Conditions

All conditions must be complied with within three (3) months from the date of this approval, unless specified in an individual condition.

3. Maintenance of Development

The approved development (including landscaping, car parking, driveways and other external spaces) must be maintained 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. 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.

6. 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.

Dwg # Title Rev Prepared by Date

- Mackay Marina Hotel Event Marquee on Lot

29 on SP175677 - - ND

C-11-263437-A

Site Plan A Civil & Structural

Engineering Design Services

7.5.15

Figure 1 Extension to Clarion

Hotel - - 2.2.17



Page 2 of 4

7. Dismantling of Structure

During high gust wind speeds the marquee must be dismantled in accordance with the recommendations of the certification report by Civil and Structure Engineering Design Services Pty Ltd.

8. Hours of Operation

The hours of operation must be limited to the hours between 10.00am and 12.00am Monday to Saturday, excluding public holidays.

9. Noise

Noise emanating from the marquee, including amplified, non-amplified, and patron noise, must be managed and measured as follows:

a) between 6.00am and 10.00pm – a sound limiter on the venue’s sound system is

to be installed such that noise does not exceed the limits in the table below at each frequency band when measured from the centre of the marquee with all speakers operating. The overall level which will result in compliance with the 6.00am to 10.00pm noise limit is 92 dB(C) L10 at the centre of the marquee tent with all speakers operating.

Frequency 63 125 250 500 1000 2000 dBlin dB(C) dB(A)

Allowable noise level at the centre of the marquee tent with all speakers operating

63 72 70 76 83 92 92 92 93

b) between 10.00pm and 6.00am – 75 dB(C) at the centre of the marquee tent, with

all speakers operating. 10. Refuse Storage

The location and design of the waste storage area for the marquee must be located and screened as not to cause a nuisance to neighbouring properties.

11. Smoking Area

The designated outdoor smoking area (DOSA) for the marquee must be relocated and consolidated with the existing DOSA for the Clarion Hotel proper in accordance with the approved plan of development.

12. Generator Location

Any generator used to power the marquee or its services must be located in the new location as shown in the approved plans.



Page 3 of 4

13. Amenities

Portable amenities must be located onsite to adequately cater for the size of each event held in the marquee.

14. Fencing

In accordance with approved plan of development, a fence must be erected from the southeast corner of the marquee to the eastern property boundary to prevent access to landscaping areas.

15. Patronage

The number of patrons attending marquee events must be limited to 600 persons per event/function.

16. Live Music

Any live music forming part of a primary event (wedding, function, conference) is considered ancillary to the function centre and is permitted. However, concerts or standalone live music events are not permitted at the facility.

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.

Assessment Manager 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 6W of the Environmental Protection Regulation 1998, which prohibits any construction, building and earthworks activities likely to cause nuisance 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.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Part 2A – Environmental Nuisance of the Environmental Protection Regulation 1998 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.



Page 4 of 4

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Section 32 of the Environmental Protection (Water) Policy 1997 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 Section 6S General Emission Criteria and Section 6T Noise Emission Criteria of the Environmental Protection Regulation 1998.

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. Infrastructure Charges Notice

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


MarqueeLocation

OutdoorSeating

286° 55' 20"31.006

286° 55' 20"60.58

197°

41'

25.0

17.0

32.0

29SP175677

0SP159543

31SP160880

27SP175677

33SP159544

30SP160880

52SP126417

00000SP159543

0SP129632

00000SP129632

0SP149511

3SP149511

4SP149511 0

SP129632

63SP143358

0SP149511

2SP149511

5SP149511

6SP149511

50SP126417

Mackay Marina HotelMaterial Change of Use ApplicationEvent Marquee on Lot 29 SP175677

Legend

Property BoundariesEasement Boundaries

Marquee Footprint0 10 20

Scale in Metres ²

6.5m(approx)2.5m(approx)


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desleyh

Manual DA & Date

Extension to Clarion Hotel

Comment on Submissions – Mackay Regional Council 2/2/17 Page 4 of 4

FIGURE 1

O = Existing Noise Monitoring locations

= Original generator position to be deleted

= Proposed Generator position

= Existing DOSA for hotel guests (proposed DOSA for Marquee guests also)

Existing Noise Monitoring locations

Extension of existing fence to limit patron’s

movement.

Consolidated DOSA


desleyh

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.


Decision Notice


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.


13 march 2017 c/- michael mcerlean po box 2022 …€¦ · c/- michael mcerlean po box 2022...

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