2011-05-18 planning & development committee meeting minutes · 2013. 4. 1. · gympie regional...

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

Held in the Boardroom Town Hall

2 Caledonian Hill, Gympie Qld 4570

On Wednesday 18 May 2011 at 9.00 a.m.

For Adoption at the General Meeting to be held on Wednesday 25 May 2011

Planning & Development Committee Meeting – 18 May 2011 - 1 -


PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. Nil. CONTENTS APOLOGIES ......................................................................................................................................................... 3

NIL ...................................................................................................................................................................... 3 DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................ 3 LEAVE OF ABSENCE ......................................................................................................................................... 3

NIL ...................................................................................................................................................................... 3 CONFIRMATION OF PREVIOUS MINUTES ................................................................................................. 3 SECTION 1: STRATEGIC PLANNING MATTERS ....................................................................................... 4

1/1 STATE PLANNING POLICY 4/10: HEALTHY WATERS ............................................................................. 4 SECTION 2: PLANNING APPLICATIONS ..................................................................................................... 6

2/1 2009-2121 – MATERIAL CHANGE OF USE APPLICATION (DISPLAY YARD – EXTENSION TO EXISTING LANDSCAPE SUPPLIES CENTRE) – VIOLET STREET, GYMPIE – CAMPBELL ............................ 6 2/2 2008-1574 – MATERIAL CHANGE OF USE – COMMERCIAL PREMISES – 15 STANLEY STREET, GYMPIE – J. GERHARDT ...................................................................................................................... 30

SECTION 3: RECONFIGURING A LOT APPLICATIONS ......................................................................... 58

3/1 2011-0048 – RECONFIGURING A LOT – SUBDIVISION TO CREATE FOUR (4) ADDITIONAL LOTS OVER LOT 2 LX2728, MCINTOSH CREEK ROAD, JONES HILL – ALFORD ............................................ 58

SECTION 4: PLANNING APPLICATIONS PENDING ................................................................................ 65

4/1A PLANNING APPLICATIONS PENDING .................................................................................................... 65 4/1B PLANNING APPLICATIONS PENDING .................................................................................................... 66 4/2 DEVELOPMENT APPLICATIONS APPROVED .......................................................................................... 75

SECTION 5: GENERAL MATTERS ............................................................................................................... 77

5/1 BUILDING SUMMARY AND REPORT FOR THE MONTH OF APRIL 2011 .................................................. 77 SECTION 6: MATTERS FOR COUNCIL’S INFORMATION ..................................................................... 78



SECTION 7: “IN COMMITTEE” ITEMS ...................................................................................................... 80 7/1 ENVIRONMENT AND NATURAL RESOURCE LEVY ................................................................................ 80 7/2 COMPLIANCE TEAM AGENDA APPENDIX ............................................................................................ 80

SECTION 8: GENERAL BUSINESS ................................................................................................................ 80

NIL .................................................................................................................................................................... 80 SECTION 9: ATTACHMENTS......................................................................................................................... 81



The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Chairman), R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. Also in attendance were Mr M. Hartley (Director of Planning & Development),

Ms T.M. Stenholm (Manager Development and Compliance) and Ms K. Sullivan (Minutes Secretary).

Cr J.A. Walker and Ms T.M. Stenholm were not present when the meeting

commenced. APOLOGIES Nil

DECLARATION OF INTERESTS BY COUNCILLORS

P21/05/11 – Cr J. Watt – Material Personal Interest P29/05/11 – Cr I.T. Peterson – Material Personal Interest

LEAVE OF ABSENCE Nil

Cr J.A. Walker entered the meeting at 9.02 a.m.

CONFIRMATION OF PREVIOUS MINUTES

P16/05/11 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett

That the Minutes of the Planning & Development Committee Meeting held on 4 May 2011 be taken as read and confirmed.

Carried.



Mr N. Weller (Manager, Major Projects) entered the meeting at 9.02 a.m.

SECTION 1: STRATEGIC PLANNING MATTERS 1/1 State Planning Policy 4/10: Healthy Waters Re: Minute: P17/05/11 State Planning Policy 4/10: Healthy Waters From: Design Services File: 6/2/4/14 Date: 4 May 2011

Report: (Manager, Major Projects – N. Weller and Strategic Planning Officer – R. Halse) DISCUSSION This State Planning Policy (SPP), made under Section 775 of SPA, took effect on 1 May 2011. The intent of the SPP is to ensure that development is planned, designed, constructed and operated to manage stormwater and waste water in ways that help protect the water environmental values specified in the EPP (Water) 2009. The traditional approach to urban development is past. Retention and treatment of stormwater is required. The retention of natural gullies will go some way to treatment of stormwater but it is still to be proven if they will provide enough treatment to meet the requirements of the SPP. If treatment is required, it will be by way of either bio-retention basins or wetlands or a combination of these two. A Bio-retention basin is a vertical sand filter with sedge type grasses planted in it. A wetland is a vegetated swamp. Literal interpretation of the SPP would mean each small development would require a bio-retention basin and a retention basin leading to many small basins requiring maintenance and replacement. If the intent of the SPP is considered, larger treatment and detention systems could be built immediately prior to the stormwater entering the receiving waters. This could be funded from stormwater infrastructure contributions from the developers. We are attempting to determine how neighbouring Councils are dealing with this SPP as well as setting up dialogue with the State on the implementation of the SPP. A further report to Council on the appropriate way to address the SPP will be forthcoming when staff have determined the full implications of this SPP.



STRATEGIC IMPLICATIONS Corporate Plan Outcome 2.1 Strategic planning for the Region including a focus on planning and managing our infrastructure. Operational Plan 4.1 (i) To assess and determine development applications in a way that reflects the reasonable expectations of the community and the development industry. Budget Budget allocation required for increased development assessment load in Design Services (One Technical Officer Level 5 $65,000). Budget allocation required for water sampling and testing - $50,000. Budget for development of policy and Urban Stormwater Quality Management Plan $200,000. Legal/Statutory Sustainable Planning Act 2009 Environmental Protection (Water) Policy 2009 Issues Implications for Council:

• Applies to new development • All new development over 5 lots or 2,500 m2 must comply by

providing stormwater retention and treating stormwater, generally in bio-retention basins.

• The principles of water sensitive urban design apply. This means the way in which Council has approached urban development in the past, is the past. Natural gullies should be retained and revegetated. Bio-retention basins may be required at the ends of the gullies (end of line treatment) or for each subdivision over 5 lots (source treatment). Retention in rainwater tanks or larger detention basins is required.

• Retention basins and bio-retention basins will need to be maintained (and after droughts, replanted). It is proposed that only those basins associated with housing development be in Council ownership. All industrial & commercial is proposed to be in private ownership

• Council urgently needs to commence groundwork on an Urban Stormwater Quality Management Plan

• Fire & pest management in the basins • Public acceptance of the basins in the vicinity of housing • Additional infrastructure charges (adding to the cost of housing) • Cost of maintaining basins and replacing dead plants



Consultation Engineering Services Attachments Nil

P17/05/11 Moved: Cr J. Watt Seconded: Cr G.L. Engeman Recommend that the report be noted. Further that staff be requested to seek further information as a matter of urgency. Further that the matter be referred to the WBBROC for consideration.

Carried.

Mr N. Weller left the meeting at 9.27 a.m. Ms T.M. Stenholm entered the meeting at 9.27 a.m.

SECTION 2: PLANNING APPLICATIONS

2/1 2009-2121 – Material Change of Use Application (Display Yard – Extension to

Existing Landscape Supplies Centre) – Violet Street, Gympie – Campbell FILE NO: Minute: P18/05/11 2009-2121 APPLICANT: Campbell RPD: Lot 1 MPH5330 and Lots 97, 98 & 99

MCH4906 SITE ADDRESS: Violet Street, Gympie CURRENT USE OF LAND: Landscape Supplies Centre PROPOSAL: Material Change of Use (Display

Yard – Extension to Existing Landscape Supplies Centre)

ZONE: Community (Lots 97, 98 and 99) and Commercial (Highway Services Preferred Use Area) (Lot 1)

PLANNING AREA: Gympie LEVEL OF ASSESSMENT: Code (Inconsistent)



KEY POINT SUMMARY

• Material Change of Use application for Display Yard (Extension to

Existing Landscape Supplies Centre); • The application is over four (4) separate titles on Lot 1 MPH5330 and

Lots 97, 98 & 99 MCH4906; • Previous approvals have been issued under DA8722 (Landscape Supply

Centre) and DA14429 (Display Yard – Extension to Landscape Supply Centre);

• A Display Yard is inconsistent within the Community zone, and identified as Code Assessable development;

• Site zoned Community, and is surrounded by Commercial, Housing and other Community zoned allotments;

• Proposed access from Clematis Street is a major consideration in assessment of the proposal;

• The subject site is subject to flooding; • The site fronts Violet Street, formally identified as a section of the Bruce

Highway; • Proposal required referral to Department of Transport and Main Roads as

a Concurrence Agency; • Recommended for approval subject to conditions. Report: (Planning Officer – M. K. Matthews and Manager Development

and Compliance – T.M. Stenholm) 1.0 INTRODUCTION This application seeks Council’s approval for material change of use to extend an existing approved landscape supplies centre on the Bruce Highway. The use applied for commenced prior to the application’s lodgement on 17 December 2009. 1.1 The Proposal The proposal is for an extension to the existing ‘Campbell’s Landscape Supplies’ development. The development entails:

- two (2) over bridges over the existing drain traversing the site;

- an additional five (5) storage bins to that previously approved;

- reconfiguration of the storage bin layout;

- an increase in storage bin sizes;

- three (3) stockpile areas of 15m2, 21m2 and 114m2;



- a new access to the development onto Clematis Street;

- additional landscaping;

- piped drainage in Commissioner’s Gully; and

- an increase in visitor car parking from eight (8) spaces to 14.



1.2 Site Description The subject site is 7083m2 and currently houses Campbell’s Landscaping Supplies business. Existing structures on site at present include two (2) sheds and bins to separate the landscaping supplies offered for sale.

1.3 Surrounding Land Uses

The surrounding sites have a mixture of land uses. There are a number of Industrial and Commercial land uses on the opposite (western) side buffered by Violet Street (the Bruce Highway). To the north are other commercial land uses, and to the east are dwelling houses. There is also portion of parkland to the immediate east on the opposite side of Clematis Street. 1.4 Site History There have been two (2) previous land use approvals issued over the site. The original approval was issued in 2007 under DA8722 and for a Landscape Supply Centre. A second approval was also issued in 2007 under DA14429 for a Display Yard (Extension to Landscape Supplies Centre). The different definitions approved for the same development are attributed to the applications being lodged under different planning schemes (ie pre and post 2005). The approved plans attached to each of these Permits follow.



Plan Approved in 2004



Plan approved in 2007 2.0 STATUTORY REQUIREMENTS 2.1 Planning Scheme Lot 1 MPH5330 is zoned Commercial within the Highway Services Preferred Use Area; however Lots 97, 98 and 99 MCH4906 are located within the Community Zone.



A Display Yard ‘means the use of premises for the display or sale, hire or leasing of any industrial plant or equipment, motor vehicles, agricultural machinery, vessels, caravans, trailers, plants, building materials, construction and landscaping materials, when involving more than 200m2 of outdoor use area.’ Within both the Commercial and Community Zones a ‘Display Yard’ is code assessable. The relevant codes are listed and addressed below.

Zoning Map

Gympie Planning Area Code The portion of the proposed development over Lots 97 - 99 MCH4906 is listed as an ‘inconsistent use’ in Specific Outcome 1 of the Code as they are zoned Community. In addressing this inconsistency regard must therefore be had for the overall outcomes of the Code.



The most relevant of these to the development are: ‘(d) the amenity of Gympie is maintained, and it is an attractive place to live and

work in and to visit; . . . (j) uses and works are located, designed and managed to be compatible with

other uses and works, maintain the safety of people and works, and avoid significant adverse effects on the natural environment including water pollution from erosion, chemical contamination, gross pollutants and urban stormwater runoff; . .

(m) exposure of developed areas, infrastructure and persons to the harmful effects of natural hazards including flood and bushfire is limited.’

Given the change in tenure for the Community Zoned lots the overall outcomes for the zone are no longer considered applicable, which aim to provide community services, recreation areas, public infrastructure items etc. In considering the Code’s Overall Outcomes the following comments are made relative to the numbered outcome above: (d) the proposal is not considered to compromise the amenity of the area any

greater than the existing use on site; (j) some conflict is posed with the use and existing residential development on

Clematis Street given the installation of an access onto this road and adverse impacts have been experienced on the natural environment given the work undertaken to date within the natural gully on-site. These impacts are considered able to be conditioned and are discussed through the report.

Other outcomes of the Code are able to be achieved through conditions, given the use is already established on-site. Erosion and Sediment Control Code A natural gully traverses the site, which forms part of the ‘Commissioner’s Gully’ waterway system. The channel runs north to south through the subject site and is currently filled with a variety of material ranging from concrete blocks to scrap metal. The functioning of this waterway has been severely compromised by the work undertaken to date and as part of any approval it is recommended that significant rectification works occur. The works should be approved through an application for operational works given the extent of the gully and the overbridges required, which should be engineered. Infrastructure Works Code The development proposes use of a new access from the rear of the site fronting Clematis Street. The commencement of using this access has been the subject of numerous complaints to Council so requires careful consideration.



The actual construction standard of Clematis Street is considered satisfactory for accommodating the proposed number of additional heavy vehicle movements, however the noise generated by these movements and safety impact on pedestrians has potential to adversely affect the amenity of the existing residential area. In breach investigations relating to the use of the access, the proponent alleged that highway upgrading works could be attributed to the necessity for the additional access, as the Highway access became restricted to left-in left-out manoeuvres only. However, aerial photos prior to the upgrade indicate the traffic fronting the site was separated by solid double white lines and therefore was already legally restricted to such movements. In providing the development with access from north-bound traffic, and also respecting the existing residential area, it is suggested the access onto Clematis Street be re-designed and relocated such that trucks may only enter and egress from the north. This will restrict trucks from using Jane Street to access the site and limit exposure to heavy vehicle traffic to residences between the site, Pine Street and the Highway. The access should also be restricted to heavy vehicles associated with the development and not become a customer access. Relocation of the access installed is recommended in the engineering advice provided given insufficient sight visibility distances are available currently. The site is currently serviced by water and sewerage infrastructure. No external road upgrading is considered necessitated by the development given the standard of frontage and lead-in roads. Landscaping Code Some landscaping has been undertaken on the site through the previous two (2) approvals issued for the development. This landscaping, however, was to be undertaken in accordance with an approved plan which does not appear to have ever been lodged with Council. Given the significant expansion of the development since it was originally applied for, and the site’s highway exposure, it is considered relevant that additional site landscaping be undertaken to both road frontages and also within the site. A condition has been included in the recommendation accordingly. Vehicle Parking and Access Code For a ‘Display yard’ the Code specifies 1 space per 100m2 of total use area, exclusive of space used for storing or displaying vehicles or machinery.



The most recent approved plan also allocated seven (7) customer car parks and an additional overflow carparking area for staff. Previous approval (DA14429) issued in 2007, included a note approving dust-reduced standard of the car parking and access areas for a maximum period of five (5) years or until Council received a complaint about dust, whichever occurred soon. This being the case the car parking and access areas will need to be sealed by May 2012. This proposal allocates 14 visitor car parks which is considered satisfactory for the development. Given the expansion of the business to its current scale, and its establishment since 2004, it is considered reasonable to require the car parking and access areas to be sealed on any approval of this application. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal A landscape supplies centre business of this size may not be the most appropriate use of a site fronting the main Queensland highway as highlighted by the traffic issues forced on the development through highway upgrading and the subsequent flow-on impacts to residential properties at the rear. Additionally, it is not a use that relies on highway traffic and this particular site has an added constraint with flooding. Again, not an issue easily managed by a landscape supplies centre. The use, however, did establish at a relatively small scale and was considered and argued by the applicant at the time to be a development that would improve the attractiveness of this section of the Bruce Highway given the landscaping and high presentation values it would offer. Inspections of the site indicate the current use may also incorporate a yard for the proprietors heavy vehicle haulage business, based on the number of heavy vehicles parked on the site over periods of closure (ie Easter weekend). Such a use has not been included in the application. 3.2 Impact on Amenity As evidenced by numerous complaints to date, the use poses amenity concerns relating to traffic impacts, dust and noise. As addressed throughout this report, it is considered these impacts can be alleviated through the imposition of conditions including sealing of the main access and car parking areas and controlling the access onto Clematis Street to ensure heavy vehicle traffic only enter and exit from the North.



3.3 Flooding The most recent approval issued over the site contains the following condition: ‘A management plan for evacuation of materials in the event of flood is to be submitted to Council for approval. The plan should include: (a) list of landscaping materials to be stored on the site; (b) assessment of each material and potential impacts from the site in the event

of the flood; (c) management plan for evacuation of high risk materials to be removed from

the site. The plan should be compiled by a suitably qualified professional.’ Given the expansion of the business it is not considered practical to require large quantities to be removed from the site during flood. In lieu, materials should be stored in receptacles that can be fully enclosed in the event of floodwater entering the site. 3.4 Headworks This expansion to an existing landscape supplies centre proposes no additional gross floor area to that existing and previously approved. DA14429 conditioned payment of $410 and $961 (subject to indexation) for water and sewerage headworks respectively, and it is noted these have not been paid. A display yard, with the principal use being outdoors, is levied headworks by the Policy at 0.15ep per 100m2 net area for water and sewerage. The proposal plans indicate an additional 1 000m2 of area to be used so headworks can be levied as follows: Water 0.15ep x 10 = 1.5ep = $1 760 Sewerage 0.15ep x 10 = 1.5ep = $2 750



4.0 CONSULTATION 4.1 Internal (a) Design Department

Report: (Design Services Civil Engineer – BJ Garrad) This engineering report is based on the information submitted by consultants Martoo Consulting P/L to extend a Display Yard (landscape supplies centre) on Lot 1 on MPH5330 and Lots 97, 98 & 99 on MCH4906, 53 Violet Street, Gympie. OVERVIEW Much of the works proposed in this application have already been carried out without Council approval and therefore this application is attempting to formalise an existing situation. TRAFFIC The consultant’s report states that the extension to the existing use area will not increase the intensity of use of the site. The applicant has applied an extra use area of 489.5 square metres but examination of the plans has shown that there is actually 1,218 square metres of extra use area within the site so a traffic contribution of $12,736 as determined by PSP13 Traffic Contributions would apply. FRONTAGE ROAD and ACCESS The display yard has frontage to the Bruce Highway (Violet Street), Clematis Street and Iron Street. The Bruce Highway is fully constructed to two lanes in each direction divided by a raised median. The Department of Transport and Main Roads (DTMR) is a concurrence agency for proposed developments on State controlled roads and in a letter dated 15 February 2010 DTMR wrote: “The Department of Transport and Main Roads considers the current road access is satisfactory and is considered to be the permitted road access for the proposed use. Access to the Bruce Highway (Violet Street) is to be limited to this permitted access only.” There is no reference in the DTMR approval to the Clematis Street access. Clematis Street is a sealed, fully constructed 9.0m wide residential street containing housing, community and commercial zoned areas. The application proposes an access from Clematis Street to: (1) Reduce the traffic entering and exiting via the Bruce Highway; (2) Allow northbound deliveries to enter the Bruce Highway via Clematis and

Pine Streets. The Clematis Street access has already been built even though no approvals for the access have been given and the location, layout and construction is not to Council standards. (see Photo 1).



The applicant has erected a “Trucks must turn left” sign at the Clematis Street exit from the site to discourage trucks travelling past residences to the south of the site on Clematis Street. Erection of the sign does not prevent trucks from turning right as the applicant has not supplied a means of enforcing left turns like a traffic island on Clematis Street. Sight distance for vehicles exiting the site is less than required (see Photos 2 and 3). The access can not be brought up to standard in its current location due to the presence of a large 2.75 metre high by 2.5 metres wide box culvert immediately north of the access. Trucks and trailers exiting via Clematis Street leave debris on the road and the trucks in particular cause damage to the pavement which was designed to take residential vehicles only. Clematis Street is largely residential in nature so for the above reasons access from the site to Clematis Street is not recommended unless the applicant can show that safe access for vehicles to turn left only out of the access and right only into the access can be provided. Iron Street is an unformed no through road reserve only without access to the Bruce Highway and contains an open drain that is part of Commissioners Gully. Currently Iron Street is being extensively used for employee parking (15 vehicles parked on Iron Street at the time of inspection) with an access gate allowing pedestrian entry to the site (see Photos 3 and 4). If this situation is to continue, the use of Iron Street for employee parking should be formalised and assessed as part of the development INTERNAL WORKINGS While the application proposal report states that the proposed internal layout will consist of 30 loading bays, 2 machinery storage sheds, a display area and 14 car parking bays, there are already 38 loading bays constructed. The internal arrangement allows for a loader to access materials from loading bays for loading onto trucks/trailers. Visitor’s car parks are proposed along the Violet Street frontage near the display area and away from loading activities although there are currently no car parking provisions on site. The whole internal area is proposed to be surfaced with road base hardstand which suppresses but does not eliminate dust.

CAR PARKING The applicant proposes 6 car parking spaces along the Violet Street frontage. Town Planning is required to assess this aspect but it should be noted that the applicant has not supplied any information on internal truck parking arrangements although trucks are continually accessing the site for loading and deliveries. The proposed car parking spaces are appropriately located furthest from loading operations and close to the display area. However, these car parks are not suitable for cars with trailers to manoeuvre.



The proposal report states that the maximum number of staff on site at any one time is two people but as noted above approximately 15 employee vehicles are regularly being parked on the Iron Street road reserve (see Photo 4) and a further three employee vehicles on Clematis Street. Again, if this situation is to continue, the use of Iron Street for employee parking should be formalised by such means as a permanent road closure or permit to occupy. WATER SUPPLY There is an existing water connection on Clematis Street which should not require upgrading.

SEWERAGE RETICULATION A sewer trunk line already services the site. The applicant is not proposing to build over this line so no change to sewerage is needed.

FLOODING The site is covered by a 1 in 40 year Mary River flood event and takes flows from Commissioners Gully, a large open channel that can rise quickly during intense rain events. Stored materials such as bark chips, mulch and the like can be transported into waterways during site inundation causing pollution of waterways and/or blocking of stormwater drains. During a recent site visit it was noted that the previous natural gully running through the site is now made totally inadequate in size to carry any significant flows since the site was cleared and activities expanded into the natural gully. It is now blocked with debris to approximately two thirds of its depth (see Photos 6 and 7). The applicant has not adequately addressed these concerns and asserts that: “…certain of the landscaping supplies and materials are naturally found in waterways and are therefore not expected to create any adverse impacts in the event of a flood.” This statement shows a complete lack of understanding of the purpose or treatment of stormwater drainage or environmental concerns with waterway pollution. STORMWATER DRAINAGE Commissioners Gully is an open drain which runs through the centre of the site and discharges onto a rock protected drainage area on Iron Street and from there is conveyed under Violet Street into another open drain. The rock protected area on Iron Street and the culvert under Violet Street have been recently upgraded as part of the Bruce Highway upgrade (see Photo 8). The applicant has already built two hydraulically inadequate ‘bridges’ without Council approval over the open drain within the site to facilitate vehicle movements and proposes to extend the recent drainage works on Iron Street further into the site. The DTMR has conditioned the quality and volume of stormwater runoff which require the applicant to provide a stormwater management plan and design that addresses the issues of stormwater quality and volume in the event of site inundation.



MISCELLANEOUS The applicant proposes a landscaped strip along the Violet Street frontage, the Clematis Street frontage, partially along the Iron Street frontage and along the northern boundary of the lot. These works are not possible along the Iron Street or Violet Street frontages because storage bays have already been built in these locations. It is difficult to take this landscaping proposal seriously when works have already been done to construct infrastructure over proposed locations. There is an encroachment of the storage bays onto the Iron Street road reserve that will need to be rectified by relocation of the storage bays. Power and communication services are to be provided at the applicant’s expense. Street lighting is considered to be adequate at this location. Some clearing of the Unallocated State Land on adjoining lot 100 on MCH4906 to the east of the site has been undertaken and part of the lot is currently in use as a storage area. Previously lot 1 on MPH5330 to the north of the site was also used for storage by the applicant as noted above. SUBMISSIONS There have been complaints about the position of the Clematis Street access to the site. One complainant thought that there is insufficient visibility from the access and was worried that children on bikes may get hit by trucks exiting the site. The other complainants had general safety concerns regarding the access.

Photo 1 Showing unapproved, unsafe access to Clematis Street.



Photo 2 Looking south from access on Clematis Street showing sub-standard sight distance.

Photo 3 Looking north from access on Clematis Street showing sub-standard sight distance.



Photo 4 Showing employee parking on Iron Street

Photo 5 Showing pedestrian entrance from Iron Street to the site.



Photo 6 Looking north from Iron Street showing inadequate, largely blocked open drain within the site.

Photo 7 Looking south from Clematis Street access showing inadequately sized drain two thirds full of debris.



Photo 8 Showing DTMR upgrade to open drain on Iron Street and culvert

under Violet Street. 4.2 External (a) Department of Transport and Main Roads The application was referred to this Department as a Concurrence Agency given the site’s frontage to a state-controlled road. Conditional approval was issued approving the use of the existing access on the Highway. No works have been required. 5.0 SUBMISSIONS The proposed development for General Industry is identified as Code Assessable Development, and is an inconsistent use within the Community Zone. It is not required to be publicly notified as it is not identified as Impact Assessable development. There were no submissions received commenting on the application itself. Instead written complaints were lodged primarily in regards to the use of the Clematis Street entrance and the impact of heavy vehicles on existing residences. As indicated in the report, it is recommended use of this access be restricted to traffic from the north only.



6.0 CONCLUSION This proposal is a Material Change of Use application for a Display Yard (Extension to Existing Landscape Supplies Centre) located in the Commercial (Highway Preferred Use Area) and Community Zone. There are existing issues over the site, and the application was lodged as a result of breach action taken against the applicant. The proposal is however, considered justified and amenity impacts able to be managed via conditions of approval.

P18/05/11 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske

Recommend that Council, as Assessment Manager, APPROVE development application (2009-2121) for Material Change of Use – Display Yard (Extension to Existing Landscape Supplies Centre) over Lot 1 MPH5330 and Lots 97, 989 & 99 MCH4906 located at Violet Street, Gympie subject to the following conditions: Assessment Manager’s Conditions Section 1.0 Conditions to be Satisfied Prior to the Commencement of the

Approved Use 1.1 Obtain and comply with the requirements of a Development

Permit for Operational Work (Site Works, Stormwater Drainage, Access, Car parking and Landscaping).

1.2 Landscaping is to be provided to the site as follows: (i) a minimum 3.0 metre wide strip to the south-eastern

boundary of the site adjoining the Iron Street road reserve area and Lot 100 MPH4906; and

(ii) a minimum 4.0 metre wide strip along the Bruce Highway and Clematis Street frontages of the development site.

1.3 In accordance with Planning Scheme Policy 13: Urban Road

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $12 376, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

1.4 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $1 760, however, the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.



1.5 Contribution is to be made towards Sewerage Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at $2 750, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

1.6 All lots forming part of this application are to be amalgamated in

Title. Such amalgamation does not require development approval from Council.

1.7 Encroachments as defined in the Infrastructure Act 2003 are to be

removed from the road reserve fronting the proposed lots unless a Road Closure, Road License, and/or Permit to Occupy is obtained from the Department of Natural Resources and Mines to legalise the encroachment.

1.8 A flood management plan for the development is to be prepared

and submitted to Council for endorsement. Section 2.0 Conditions Relevant to the Issue of a Development Permit

for Operational Work (Site Works, Stormwater Drainage, Access, Car parking and Landscaping)

2.1 Erosion and sediment control measures are to be designed and

provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

2.2 The method of treatment of stormwater runoff from and through

the site shall be designed and constructed in accordance with Council’s Infrastructure Works Code.

2.3 Undertake at no cost to Council, the alteration of any public utility

mains (eg electricity, water, sewerage etc) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.4 (i) A properly prepared Landscape Plan in accordance with

Council’s Planning Scheme Policy 4: Landscaping is to be submitted to and approved by Council’s Chief Executive Officer. The landscape plan is to denote areas of existing vegetation and/or existing trees proposed to be retained.

(ii) Landscaping works are to be completed in accordance with the approved landscape plans.



2.5 The Clematis Street access is to be configured such that left turns only out of the site and right turns only into the site, including the provision of signage to inform motorists of this arrangement.

2.6 Access to the development site via Clematis Street shall have a

minimum visibility of 100 metres in each direction. 2.7 Access to the development site onto Clematis Street is to be

constructed in accordance with the requirements of Council’s Infrastructure Works Code – Drawing No R-05.

2.8 Any filling or other development works undertaken on the site shall

be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

2.9 Provide at least 14 off-street car parking spaces (including access

and manoeuvring areas) for the entire landscaping supplies development.

2.10 Car parking and access areas shall be sealed pavement and

designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code.

2.11 Any plans for operational works, water supply and sewerage

works, drainage works and street lighting required by this development permit, are to be surveyed, designed and constructed in accordance with Council’s Infrastructure Works Code.

2.12 (i) Roof and surface water is to be collected on site and is to be

discharged through an underground drain line into existing drainage in Iron Street.

(ii) A stormwater quality improvement device is to be provided on site to ensure polluted run-off does not enter Council’s stormwater drainage system.

2.13 A master stormwater drainage plan is to be prepared to address the

impact of the proposed development on the existing stormwater drainage in the area, including upstream and downstream of the site.

Section 3.0 General Conditions of Approval Applicable to the Ongoing

Operation of the Approved Use 3.1 The development shall be generally in accordance with the plan/s

submitted with the application (Plan No D-01049-01-E drawn by Martoo Consulting and dated 10 January 2011).



3.2 The required landscaping shall be maintained (watering, fertilising, mulching, weeding, and the like) at all times.

3.3 Loading/unloading operations shall be conducted within the site

and vehicles waiting to be loaded/unloaded shall stand entirely within the site.

3.4 Approved hours of operation are as follows: Monday – Friday 7:00am – 6:00pm Saturday 7:00am – 5:00pm Sunday 8:00am – 12:00pm No activities including customer visits to the site are to be

undertaken outside of these hours. 3.5 Approved refuse containers are to be provided and maintained in

accordance with the Environmental Protection (Waste Management) Regulation 2000 and kept in an imperviously paved area with a suitably screened enclosure to the satisfaction of Council’s Chief Executive Officer.

3.6 A management plan for evacuation of materials in the event of

flood is to be submitted to Council for approval. The plan should include: (a) list of landscaping materials to be stored on the site; (b) assessment of each material and potential impacts from the site

in the event of the flood; (c) management plan for evacuation of high risk materials to be

removed from the site. The plan should be compiled by a suitably qualified

professional. 3.7 The flood management plan is to be stored on the site at all times

outlining required actions in the event of a flood. Actions recommended by the plan, including complete containment of all landscaping materials, are to be implemented prior to floodwaters entering the development site.

Carried.



2/2 2008-1574 – Material Change of Use – Commercial Premises – 15 Stanley

Street, Gympie – J. Gerhardt FILE NO: Minute: P19/05/11 2008-1574 APPLICANT: Julie Gerhardt RPD: Lot 1 MPH6790 SITE ADDRESS: 15 Stanley Street, Gympie CURRENT USE OF LAND: Detached Dwelling PROPOSAL: Material Change of Use – Commercial

Premises PLANNING SCHEME: Cooloola Planning Scheme EXISTING ZONE: Housing PREFERRED USE AREA: Not applicable LEVEL OF ASSESSMENT: Code Assessable REFERRAL AGENCIES: N/A SUBMISSIONS: Nil SITE AREA: 941m2



Development Site



KEY POINT SUMMARY

• Material Change of Use application for Commercial Premises on housing

zoned land in Stanley Street, Gympie; • Application lodged in 2008 and previously reported to Council where it

was recommended for refusal by staff; • Applicant requested the application be withdrawn from the Council

agenda to re-consider options and discuss further; • New proposal submitted in December 2010; • Since lodgement of the application forward planning work has been

undertaken in regards to commercial development which acknowledges the mix of uses in this area and potential for increased commercial opportunities in the Excelsior Road precinct;

• Council has also received notification in March 2011 of a proposed ‘Community’ designation of land immediately to the west of the site for the purposes of a Neighbourhood Centre;

• Recommended PRELIMINARY APPROVAL be granted, requesting amended plans that demonstrate complying setbacks and reduce bulk/scale of the new building.

Report: (Manager Development and Compliance – T.M. Stenholm) 1.0 INTRODUCTION Application is made for a new commercial building in Stanley Street, Gympie. The application was originally submitted in October 2008 and reported to Council in August 2009. A copy of the previous report and Council resolution is reproduced following. Report: (Craven Ovenden Town Planning and Principal Planner -

K.M. Toomey) 1.0 INTRODUCTION This application seeks Council’s approval for a Material Change of Use for the purpose of a Commercial Premises on a site at 15 Stanley Street, Gympie, formally described as Lot 1 on MPH6790. 1.1 Site Description • The site is a corner block located on the southern side of Stanley Street and

eastern side of Dent Lane. • The site measures 941m2, is rectangular in shape and has a frontage to Stanley

Street of approximately 22m and Dent Lane of approximately 33m. • The land falls significantly from the north-western corner of the site to its

south-eastern corner.



• The site is currently improved by a detached dwelling (which is proposed to be removed in order to facilitate the development) and comprises some vegetation including several large trees along the Dent Lane frontage.

1.2 The Proposal The application seeks approval for a Commercial Premises comprising four (4) tenancies. In detail, the proposal includes the following: • A two storey building including covered car park at the ground floor and single

floor of commercial tenancies above. • A set of internal stairs, disabled toilet, shower and switch board is proposed in a

centralised area of the building, which is directly accessible from the street. • Each of the four tenancies include one bathroom and each has access to a rear

deck located at the rear of the building, facing east. • The main building frontage addresses Dent Lane where access from each tenancy

is located. A secondary walkway is provided along the Stanley Street frontage, extending part of the way along the building.

• 19 covered parking spaces are proposed at ground level and one disable parking space is provided adjacent to the southern site boundary.



The proposed layout is reproduced below.



1.3 Surrounding Land Uses Immediately adjoining the site to the east is the ‘Day Care of Auz’ day and child care centre, while all surrounding uses to the north and south, are residential in nature. Low key commercial uses have been previously approved to the west of the site, all of which are of a small scale, utilise existing dwelling houses and do not detract from the residential character of the area. The western sides of Dent Lane and Excelsior Road are considered to represent a transitional interface between the Commercial area and the Housing area.



1.4 Information Request The applicant was requested by Council to provide information on the following issues: • Compliance with SO-14 of the Gympie Planning Area Code for the Housing Zone

demonstrating the proposal has been designed to respond to that of adjoining buildings;

• Preliminary stormwater management plan; and • Further information on Parking grades and layout. While the applicant did respond to each item on the information request, their justification for the proposed use in this location or its design was not sufficient to satisfy staff concerns. These issues are discussed in Sections 2 and 3 of this report.

2.0 STATUTORY REQUIREMENTS 2.1 Overall Outcomes / Desired Environmental Outcomes The Planning Scheme includes a number of Desired Environmental Outcomes which all development in the former Cooloola Shire must abide. In this case, the following DEO is of relevance:

“10. The standard of the built environment reflects community expectations and contributes to the amenity of the shire.”



The proposal is not considered to reflect the expectation of the general community in relation to the development of this site in that, it seeks to introduce an incompatible land use into a residential area. While the applicant has stated that the proposal is consistent with the child care centre activity which adjoins the site to the east, there remains a distinct difference between the two activities. The child care facility provides a valuable service to the local community, particularly those residents in its immediate proximity. Much like other community based facilities such as churches, small corner stores etc, the operation of child care centres in residential areas, provided they comply with on-site parking, noise, design provisions etc, is considered appropriate. The impacts associated with such uses are considered minimal. In this sense, there is no correlation between the proposal and adjoining child care centre, especially given that the proposal, and any tenants who may lease it, could easily find a more suitable site elsewhere in Gympie. Further, the child care centre, previously approved by Council, is defined as an ‘Education or Health Premises’ under the current Planning Scheme, which is a ‘consistent’ and appropriate use within the Housing Zone. There is a clear difference between such facilities and traditional commercial activities. In terms of the compatibility of the proposed commercial premises with surrounding residential development, it is not considered that the potential impacts of commercial development are acceptable in a residential area. While small-scale home-based businesses are generally acceptable, and supported under the Planning Scheme’s Home Business Code, the impacts posed by such development are small and usually not obvious to surrounding residents. This is not the case here. The proposal involves a purpose-built commercial complex with one storey of carparking and a second floor suitable for four (4) commercial tenancies. Increased traffic using local residential streets, increased noise impacts, signage, lighting and on-street parking issues are all potential adverse impacts associated with the proposal. The Planning Scheme provides a number of Overall Outcomes specific to the Gympie Planning Area generally and the Housing Zone in particular. Those of relevance in this case include:

“2(d) The amenity of Gympie is maintained, and it is an attractive place to live and work in and to visit

(g) The heritage and character of buildings and places in Gympie is protected and enhanced

(j) Uses and works are located, designed and managed to be compatible with other uses and works, maintain the safety of people and works, and avoid significant adverse affects on the natural environment including water pollution from erosion, chemical contamination, gross pollutants and urban stormwater runoff.

(q) For the Housing Zone: (i) A range of housing forms is available and provides a high level of

amenity; and (ii) Well designed, attractive medium density housing is available in

proximity to services and public transport; AND (iii) In other areas, detached housing prevails; and (iv) Non-residential uses, including home businesses, serving the

needs of local communities are located and managed to protect the existing amenity of residential use.”



The proposal, being one which could not be reasonably anticipated by adjoining residents, does not meet the abovementioned Overall Outcomes. The proposal presents amenity issues, is not in keeping with the character or identity of the area, is not compatible with existing established uses (i.e. residential dwellings) and could not be reasonably managed to reduce such impacts on adjoining residents. 2.2 Compliance with the Planning Scheme 2.2.1 Scheme Definition The proposal comes under the planning scheme definition of Commercial Premises. 2.2.2 Development Provisions An application for Commercial Premises is code assessable under the provisions of the Planning Scheme and the use is identified as an ‘inconsistent’ use in the Housing Zone. The following Codes are applicable to this application: Gympie Planning Area Code – Inconsistent Use The proposal is identified as an inconsistent use under the provisions of the Planning Scheme. The applicant has provided the following grounds to support the proposal in conflict with the code (comments follow each point): “a. The adjoining site has been approved for commercial premises (day care centre)

and is in keeping with the area character, amenity and land use pattern. There is a logical commercial area within the following features:

i. the day care centre and gully between Stanley Street and Perseverance Street

ii. Stanley Street iii. Excelsior Street iv. Perseverance Street shops Woolworths

This area contains a medical centre, Hotondo Offices, Day Care Centre and numerous shops. It is a logical transitional commercial area adjacent to the Woolworths regional shopping centre and there is a need for these type of facilities adjacent to the regional centre.”

The ‘regional centre’ the applicant refers to is a small community commercial centre on Perseverance Street which is zoned for commercial purposes. This small centre includes a Crazy Clark’s discount outlet, butcher, bottle shop, take away food outlet and a fresh produce store. A Woolworths supermarket is also located in the centre, on the opposite side of Perseverance Street, but on a site which also shares a frontage with the Bruce Highway and is identified in the Commercial Zone. These uses are all located in a suitably zoned commercial area, the boundaries of which have been formally identified under the Planning Scheme. The same cannot be said of the subject site which is identified in the Housing Zone. It is intended that commercial uses agglomerate in these suitably zoned areas and not in locations nearby. The site is not adjacent to a regional centre.



The applicant also states that there is a need for this development however, the applicant has not provided an assessment of need for additional commercial development. In any case where an inconsistent and incompatible land use is proposed, sufficient justification of need is required in order to attempt to override the Planning Scheme. This has not been provided and further, it is not considered that need is an issue in this case. The applicant is correct that a child care facility has been approved on the adjoining site to the east of the subject site however, a child care centre is defined as an ‘Education or Health Premises’ under the scheme. This is significant in that, unlike commercial activities, it is not considered that such low impact community-based uses, which also include schools, pre-schools and other education or training activities, should be necessarily located in commercial areas. In fact, these facilities are best located in the community in which they support, negating the need for residents to travel into commercial areas and centres to access such facilities. Council should carefully consider from issuing spot approvals for Commercial Premises without a defined boundary for such development that takes into account the broader issues associated with commercial development. Further, the impact of approving additional commercial premises outside designated areas undermines the viability of the established commercial areas. In this case the use proposed (and any prospective tenants) can easily be accommodated in any commercial location in the Shire as it does not propose any specific use beyond offices.

“ b. Similar justification for the subject proposal exists to that used to support the

Council decision for other commercial premises in this precinct.” Council have not approved other commercial developments in the Housing Zone in this area, with the exception of home based businesses and low-impact commercial activities carried out in buildings previously used as dwellings and which maintain a residential appearance. This is quite a different situation in that the proposal does not maintain the appearance of a dwelling, but instead requires the removal of the existing dwelling on the site. The proposal involves 20 on-site parking spaces and 4 commercial tenancies in a two storey building, and so does not lend itself to what is considered a low impact commercial use. “c. The proposed use will not adversely impact on the residential amenity of the

area”



The proposed commercial activity is inconsistent with the Housing Zone and is not compatible with residential uses. The applicant has stated that the proposal will not result in any adverse impacts on existing residential amenity however, it involves the introduction of an incompatible land use into the area. Increased traffic movements on local residential streets, introduced by the proposal, will present not only increased noise impacts, but significant safety issues in terms of pedestrian and vehicular conflict. The applicant has not provided a traffic impact assessment to address any of these issues. Noise impacts are also likely from mechanical plant and equipment, staff using the outside deck during breaks, patrons entering and leaving the premises and vehicles parking in the enclosed ground level carpark. The applicant has not provided any assessment of noise issues and the proposal does not include any noise attenuation. The disabled carpark directly adjoins the southern boundary with no buffer area proposed. The proposal, in this respect, is not considered to be satisfactory. In terms of the building itself, its design is not considered to respect or reflect the character of the surrounding residential area. For the most part, this is because the proposal is not in fact a residential use, however it would appear very little attempt has been made to reflect the characteristics of the surrounding area. The proposed building appears as a standard commercial development when viewed from both Stanley Street and Dent Lane. Vehicle access and first floor windows are oriented toward Stanley Street while the principal frontage, comprising the main points of access and consisting mostly of glazing, is oriented toward Dent Lane. From a visual perspective, the proposal is considered to have a significant impact on the residential character of the area. “d. The proposal is for commercial premises which are primarily appointment based

businesses and will not rely on overt advertising to attract passing trade” The application is for a ‘Commercial Premises’ with no specific tenancy restrictions, so ensuring future tenancies are primarily appointment based businesses could not be guaranteed. The applicant proposes 20 on site parking spaces, or 5 per tenancy, which could support a higher turnover of clients than anticipated. From this perspective, the proposal has the capacity to support a higher staff and client turnover than presented by the applicant and therefore generate further adverse traffic and noise related impacts on nearby residents. With regard to advertising and signage, it is anticipated the potential tenants would require some form of signage and may occasionally require promotional advertising. Such forms of signage are not supported in residential areas and will further reduce visual amenity in the immediate area. Summary The main point of contention in this application is the approval of commercial premises outside the designated areas, which undermines the viability of established commercial areas. Gympie Planning Area Code – Code requirements The overall height of the altered building will remain within the maximum height in the Housing Zone of 8.5 metres.



Setbacks to adjoining sites measure 3.0m with the exception of part of the southern boundary which is to include 1 disabled parking space, constructed to boundary. A 4.0m front boundary setback is provided to both Stanley Street and Dent Lane and corner truncation (normally 6.0m) is not provided. The Planning Scheme requires a minimum side boundary setback of 5.0m for commercial uses adjoining a residential area. A 6.0m front boundary setback is also required under the Scheme. The proposal does not comply with regard to building setbacks. Specific Outcome 16 in relation to on-site vehicle parking and access is partly achieved through the partial screening of car parking at the ground floor of the site, however, the new driveway proposed on Stanley Street will change the current view of the streetscape. Other specific outcomes of the Code are achieved or not applicable. Infrastructure Works Code The site is included within the water and sewerage supply area. Headworks charges are applicable to the proposed development. A footpath would be desirable in this location and is currently not provided. Landscaping Code The proposal does not meet the minimum landscaping works required for a Commercial Premises, and could not be conditioned to comply given the width of setbacks proposed. Vehicle Parking and Access Code In terms of Car Parking provision, the proposed use attracts a parking rate of 3.5 spaces per 100m2, or a total of 17 parking spaces. The proposal includes 20 spaces and so complies with Specific Outcome 1 of the Code. Erosion and Sediment Control Code The site is identified on Natural Hazards Map 2 as comprising Very High Erosion Hazard, as the site slopes considerably to the south-east. The applicant has not provided an Erosion Hazard Assessment, however the preparation and lodgement of one could be conditioned. 2.3 Local and/or State Planning Policies There are no state or local planning policies applicable to this application. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal Given the number of commercial uses able to be accommodated within new developments in the Shire and new projects currently being assessed, Council needs to exercise caution when considering uses such as that proposed in this application outside designated areas.



Should additional commercial land be required for the uses proposed, a commercial land availability study should be undertaken to determine appropriate areas for future commercial development and/or sites with opportunities for more intensive commercial development within the existing commercial area of the city centre. This will be undertaken in conjunction with the forthcoming planning scheme review. Traffic is also an issue with this proposal. The introduction of additional traffic volumes into a residential area is a significant safety concern, particularly in relation to potential conflict with pedestrians. Increased traffic noise and congestion are also significant concerns. Little justification has been provided for the establishment of the proposed use in this specific location when a development of this type, and any future tenants, could find a much more suitable site elsewhere. This application varies to other non-residential uses proposed and approved in the Housing Zone. Unlike the adjoining child care facility, home based businesses or businesses operating out of buildings formerly used as dwellings, the proposal does not satisfy the following: - the use is consistent with the Housing Zone; - the use has a community benefit; - the use has a different definition in the planning scheme; - the use has a low client base and traffic generation; - advertising took place and no submissions were received. In most cases, applications for commercial development in the Housing Zone relate to one tenancy or business, which is a demonstrated low traffic generator. This proposal seeks approval for four (4) separate tenancies in an exclusively designed commercial building. It does not have the benefit of disguising much of its activity, like most other applications, by operating out of a dwelling, or a building once used as a dwelling. In this respect, the applicant has not demonstrated that the proposal is appropriate in this location. 3.2 Site Access and Traffic This proposal provides for four (4) separate commercial tenancies, each measuring approximately 130m2. Potential for staff and clients visiting the site is high, despite the applicant’s supposition that each tenancy will be appointment based businesses. Council cannot reasonably enforce conditions restricting the number of staff or visitors accessing the site or the number of vehicles generated by the use. There are also amenity concerns in relation to the amount of traffic likely to be generated, given the noise and potential safety impacts occasioned by the introduction of incompatible commercial traffic volumes in a designated residential area. Notwithstanding this, contributions as a result of this increased traffic can be justified should Council wish to approve this proposal.



3.3 Flooding The site is not known to be subject to flooding. 3.4 Site Contamination The site is not listed on the Environmental Management Register. 4.0 PUBLIC NOTIFICATION The application does not require public notification as it is a Code Assessable (inconsistent) application. 5.0 CONSULTATION 5.1 Internal Report: (Infrastructure Planning Manager – A. Laszlo)

This engineering report is based on the report submitted by GECON Consultants

dated October 2008 and subsequent information submitted. TRAFFIC The traffic contribution is calculated using the current Policy 13. Hence a $19,266

contribution is required. Due to the narrowness of the existing roads, access and intersection location, car parking for the development should be contained on site by providing a “No Stopping Anytime” zone for the full development frontage.

FRONTAGE ROAD/ACCESS/CARPARKING

The proposed development site has two frontages.

The Stanley Street and Dent lane frontage is constructed with kerb and channel except at the Stanley Street/Dent Lane intersection without a footpath. Construction of the kerb and channel at the intersection should be provided and a contribution of $3265 for Stanley Street and $4510 for Dent Lane would be more beneficial to be used in the general area.

The applicant has proposed an in and out access point on Stanley Street. The applicant has indicated an access driveway and disabled car parking on Dent Lane which does not comply with Australian Standards. The building layout may need to be amended to comply with Australian Standards.

Abandoned access driveways should be reinstated with kerb and channel and the footpath verge reconstructed to Council’s standard. The access driveway and car parking is to comply with AS2890.1.



STORMWATER Run off from the sealed car parking area and building should be captured on site and discharged as per the requirements of the Planning Scheme into the existing stormwater system on site.

FLOODING The development site is not prone to flooding.

WATER/SEWERAGE Both services are available with adequate capacity in each. Headwork’s charges are applicable based on Council’s Policy. SERVICES The developer will be required to provide electrical and communication services to the site with any upgrades to the developers costs. Street lighting is inadequate at the intersection of Stanley Street and Dent Lane therefore a contribution of $850 is justified. 6.0 CONCLUSION Commercial development of the nature proposed can be accommodated within existing commercial areas. Approval of commercial premises outside these areas undermines the existing land zoned for commercial purposes. This application further highlights the need to prepare a commercial land use strategy to determine if there is a need for more commercial land for the types of uses proposed and appropriate areas for it to be allocated. P18/08/09 Moved: Cr R.A. Gâté Seconded: Cr R.J. Dyne Recommend that Council, as Assessment Manager, REFUSE Development Application 2008-1574 for Material Change of Use – Commercial Premises over Lot 1 MPH6790 located at 15 Stanley Street, Gympie, based on the following grounds: 1. The proposal does not comply with the 2005 Cooloola Shire Planning

Scheme; 2. The proposal is inconsistent with the intent of the Housing Zone; 3. The proposal will generate unacceptable additional traffic into a residential

area; 4. The proposal does not represent a logical or desirable extension of the

existing Commercial area; 5. The proposal is able to be better accommodated within other designated areas

in the Planning Scheme;

6. The proposal does not comply with the setback distance to the adjoining residential premises as required for commercial development;



7. The proposal does not meet the requirements of the Gympie Planning Area Code; and

8. The proposal does not meet the requirements of the Landscaping Code.

Carried. WITHDRAWN G10/08/09 REFERS

G10/08/09 Moved: Cr I.T. Petersen Seconded: Cr G.L. Engeman

That Recommendation P18/08/09 of the Recommendations of the Planning & Development Committee Meeting held on 5 August 2009 be withdrawn at the request of the applicant.

Carried 2.0 Further Submission Following a meeting with Council staff, the applicant submitted the following letter and amended plans: ‘I refer to a recent meeting between Councils Mike Hartley and Tania Stenholm and Michael Ball and Trevor Gerhardt about the above mentioned application. Attached please find amended plans (6) numbered DA010, DA100, DA400, DA500, DA501 & C101 by Zone Architects, the plans show a reduced the(sic) size of the building, increase the building setback to Dent Lane and make provision for only one (1) tenant. We understand that since completion of the original staff report on the application Council now has further reports which confirm the need for these types of premises in Gympie. In a locational sense we believe the site is suited to the type of use proposed. As outlined previously the site is part of a precinct, around Centro and confirmed by Council previous decisions, where these type uses(sic) can be expected. Further in our view the use proposed will not adversely impact on any established residential area or property. Could you please review the plans with a view to a further meeting to discuss the extent further information and amendments required to enable Council staff to support the proposal. I will call in the next couple weeks to arrange a further meeting.’



The plans indicate a reduced floor area from 550m2 to 371.46m2. Reduced road boundary setbacks of less than 4.0 metres are still requested to both frontages on Stanley Street and Dent Lane.



The site coverage is also indicated to be 39%, above the average for a typical dwelling. 3.0 Assessment Preparation of the new planning scheme has not progressed sufficiently to indicate the likely zoning pattern in this area, however preliminary commercial studies do acknowledge the mix of uses in the area and support some expansion of commercial activities in the Excelsior Road area. In March of this year, Council was notified of a proposed Ministerial Community Designation of land immediately to the west of the development site for the purposes of establishing a Neighbourhood Centre. Following are copies of the concept plans that were attached to the notification.



Given the development site is now positioned between this development and the child care centre, and bearing in mind the progression of commercial forward planning, some low key commercial use that respects and maintains the integrity of the existing residential aspect of the area is considered acceptable. The current proposal, however, does not achieve this outcome due to the size of the building and its proposed reduced setbacks. 4.0 Conclusion Having regard to a new State Government development on land to the east and the progression of forward planning relating to commercial land uses, approval of commercial premises over the site is considered acceptable. Such a use, however, should be respectful of the mixed use nature of the locality and integrate well between the existing housing and commercial developments. It is recommended that preliminary approval of application be granted and amended plans sought that reduces the bulk and scale of the new building.



P19/05/11 Moved: Cr G.L. Engeman Seconded: Cr A.J. Perrett

Recommend that Council, as Assessment Manager, grant PRELIMINARY APPROVAL of development application (2008-1574) for Commercial Premises over Lot 1 MPH6790 located at 15 Stanley Street, Gympie subject to the following conditions: Assessment Manager’s Conditions Conditions to be Satisfied Prior to Commencement of the Use 1. Obtain and comply with the conditions of a Development Permit for

Material Change of Use. Application for such is to incorporate the following elements:

(i) minimum 6 metre setback to all road frontages; (ii) minimum 5 metre setback to the adjoining residential property; (iii) a scale and bulk reflective of nearby residential properties; and (iv) architectural design that is respective of the surrounding

residential character. Carried.



SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/1 2011-0048 – Reconfiguring a Lot – Subdivision to Create Four (4) Additional

Lots over Lot 2 LX2728, McIntosh Creek Road, Jones Hill – Alford

FILE: Minute: P20/05/11 2011-0048 APPLICANT: Alford RPD: Lot 2 LX2728 SITE: McIntosh Creek Road, Jones Hill PROPOSAL: Reconfiguring a Lot – Subdivision

to Create Five (5) Additional Lots EXISTING ZONE: Rural PLANNING SCHEME: Cooloola LEVEL OF ASSESSMENT: Code SITE AREA: 12.1Ha SUBMISSIONS: Three (3) Submissions



KEY POINT SUMMARY

• Reconfiguring a Lot application to create five (5) additional lots; • Proposed lots range between 1.92 Ha and 1.98 Ha. There is a balance

area to be utilised as road opening off Perkins Road; • Site zoned Rural, adjoining other rural blocks (to the south, east and

west) and rural residential blocks (to the north) along McIntosh Creek Road and Perkins Road;

• The application is the subject of a prior Preliminary Approval issued under 2009-0833 which required submission of an amended plan with lot sizes of approximately 2Ha to be incorporated into the design;

• The resolution within the Preliminary Approval sought lot sizes that were consistent with the development pattern of surrounding allotments;

• Nearby landowners were advised of the proposal as a courtesy, but the proposal was not required to be formally advertised as the application is Code Assessable development;

• Three (3) submissions were received in objection to the proposal; • The proposal is recommended to be approved subject to conditions. Report: (Planning Officer – M. K. Matthews) 1.0 INTRODUCTION 1.1 The Proposal This application seeks to create five (5) additional lots from one (1) existing parcel of land. Existing Lot 2 LX2728 is 12.1 Ha in area. The land is currently zoned Rural within the former Cooloola Shire Council area. Proposed lot sizes range from 1.92 Ha to 1.98 Ha.



1.2 Site Description The site is gently undulating over the majority of the site, with the McIntosh Creek Road and Perkins Road frontages both running on high parts of the site. There is a depression leading to a gully running north-west to south-east through the central part of the site. The line of this gully is to be within the boundaries of proposed Lots 1, 2 and 3. All new proposed allotments are capable of accommodating a building envelope of 15% or less. The only improvement over the site at present is an existing shed located within the north-eastern corner of the site, near the Perkins Road – Vincent Lane 90 degree angled turn. The site has frontage to McIntosh Creek Road, Perkins Road and Vincent Lane.

1.3 Surrounding Land Uses The subject site is currently zoned Rural. The site is surrounded predominantly by other allotments zoned Rural along McIntosh Creek Road, Perkins Road and Vincent Lane. There are Rural Residential allotments to the north on the McIntosh Creek Road frontage, and the application is a proposed extension of similarly sized allotments along McIntosh Creek Road in accordance with the Preliminary Approval issued under 2009-0833. 1.4 Previous Approval A Preliminary Approval was granted by Council over the site in September 2010, in response to an application for 14 rural residential lots. Assessment of the application (2009-0833) indicated that the proposed layout was inconsistent with the surrounding development pattern and unable to provide a safe access point off McIntosh Creek Road. Given the site’s rural zoning and position on the fringe of the rural residential area, it was considered appropriate to approve subdivision of the site with 2 hectare sized lots, to result in a suitable transition between both zones.



2.0 PLANNING SCHEME REQUIREMENTS The application was lodged under the Cooloola Shire Planning Scheme 2005. The application is Code Assessable development, and subject to assessment against the relevant provisions of this entire Planning Scheme. Given a preliminary approval for subdivision of the site has been issued, the relevant provisions of the planning scheme are considered addressed.



The proposal as submitted, also accords with the preliminary approval issued. 3.0 CONSULTATION 3.1 Internal (a) Design Services Division Report: (Design Services Technical Officer – A.C. Walsh) This engineering report is based on the layout plan (Plan No. D-01091-E) submitted by Martoo Consulting to subdivide Lot 2 LX2728, McIntosh Creek Road, Jones Hill into five (5) additional lots. This layout addresses the requirements of the Preliminary Approval given by Council in Decision Notice 2009-0833. FRONTAGE ROADS / ACCESS The existing lot has frontage to McIntosh Creek Road, Perkins Road and Vincent Lane. McIntosh Creek Road is a fully constructed Sub-Arterial Road and therefore the access points on this road should be limited to a single access point to service lots 1 and 2. A new road will be opened off Perkins Road to service lots 3 to 6. Perkins Road is constructed to a gravel standard and will be required to be upgraded to half width sealed constructed, ie. 4.5 metre seal on a 7 metre formation, from 10 metres east to the new road to McIntosh Creek Road intersection with McIntosh Creek Road to be fully sealed construction for the first 15 metres from the centre line of McIntosh Creek Road then tapered at 1 in 10 to join the 4.5 metre seal. Intersection to be constructed to meet the requirements of Austroads: Guide to Road Design Part 4A. As the land to the north of Perkins Road and east of Vincent Lane is not included in the State Planning Policy Regulatory Maps for Rural Living Area, it is considered the remainder of Perkins Road and Vincent Lane should not be required to be upgraded as part of this development. ROAD CONTRIBUTION Although the existing lot is not contained within the Rural Residential area referred to in Planning Scheme Policy 12: Sealed Road Contributions for Designated Rural Residential Area, Council should apply an amount equivalent to that contribution, ie $11,349 per lot to the proposed subdivision. DAMS The ponded area from the dam on proposed Lot 4 extends into the adjoining Lot 1 RP896301. The consultant advises the applicant intends to reduce the standing water level so the ponded area no longer crosses the common boundary.



FLOODING The two (2) local gullies that traverse the lots will not have any impact on the proposed building areas. 4.0 PUBLIC CONSULTATION Letters were sent to nearby landowners as a courtesy by Council, however the application was not required to be formally advertised as it is not Impact Assessable development. Therefore any objections do not attract formal appeal rights to the Planning & Environment Court. Three (3) submissions were received objecting to the proposal. The issues raised are summarised following.

Issue Comment 1. The site has a previously installed irrigation system for former agricultural uses and utilises the nearby Pie Creek Channel for water. The subdivision of this allotment would not be the most efficient use of land for a Rural allotment so close to a regulated water system.

1. There is no easement over the site indicating that the allotment has direct connection to the Pie Creek Channel. There are no provisions in the planning scheme in relation to protection of the Pie Creek Irrigation System, nor is referral of the application required to the State under SPA.

2. The proposed new allotments conflict as ‘life-style blocks’ within close proximity to agricultural uses.

2. There is a previous Preliminary Approval issued over the site that allows the site to be subdivided for the purposes of more Rural Residential style allotments in accordance with the surrounding development pattern in the area. The issue raised surrounding conflicting land uses is an issue of reverse amenity and considered appropriately addressed through the imposition of relevant conditions buffering the two land uses, as proposed in the application.

5.0 CONCLUSION The proposal does not comply with Council’s Planning Scheme requirement for rural allotments to have a minimum lot size of 100 Ha or greater, however this issue was previously addressed through 2009-0833. The application is in accordance with the previous preliminary approval issued over the site.



Conditions should be imposed requiring significant buffering between the property and adjoining land utilised for farming purposes.

P20/05/11 Moved: Cr A.J. Perrett Seconded: Cr L.J. Friske

Recommend that the matter be referred to the General Meeting scheduled for 25 May 2011.

Carried.

SECTION 4: PLANNING APPLICATIONS PENDING Cr J. Watt declared a Material Personal Interest in the following item due to

being the applicant and left the meeting at 9.55 a.m. 4/1A Planning Applications Pending

File Number & Applicant Location Nature of Application Status

RECONFIGURING A LOT 2011-0558 Watt (LF)

Kevin Road, Imbil Subdivision to Create One (1) Additional Lot

RFI due.

P21/05/11 Moved: Cr R.A. Gâté Seconded: Cr G.L. Engeman

Recommend that the information be noted. Cr J. Watt returned to the meeting at 9.56 a.m.



4/1B Planning Applications Pending

NOTE: New Applications are in BOLD AND ITALICS Abbreviations: AN Acknowledgment Notice AL Acknowledgement Letter RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice ALOD Adjoining Land Owners Details PN Public Notification PNS Public Notification Stage SP Survey Plan

File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA17897 Morris (MKM)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (MKM)

Dray Road, Widgee

Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

2009-1859 Christensen (MKM)

14 Glastonbury Road, Southside

2 x Two (2) Storey Town Houses & 2 x Two (2) Unit Apartments

DMS. Report to P&D Committee Meeting. (1) Submission.

2010-0827 Gear Family Investments Pty Ltd (MKM)

6A Parsons Road, Gympie

Multi-Residential (Nine (9) Units)

DMS. DN due

2010-0860 Tim Developments Pty Ltd (MKM)

168 Old Maryborough Road, Gympie

COMBINED Preliminary Approval (Industrial & Commercial Development) & Subdivision to Create 18 Additional Lots

DMS. DN due.

2010-0891 Roberts Bros Pty Ltd (TMS)

600 Bruce Highway, Chatsworth

Preliminary Approval to Effect the Local Planning Scheme

Application on hold till 30/06/11. DTMR rfi issued 15/07/10 & DIP rfi issued 05/07/10.

2010-1030 White (SFC)

28 Smyth Street, Gympie

Multi-Residential Four (4) Units

RFI sent 09/08/10. Applicant’s response time extended until 09/08/11. Concurrence Agency DTMR rfi issued 27/07/10.

2010-1280 Venaglia Enterprises Pty Ltd (SFC)

105 Duke Street, Gympie

Multi-Residential (Four (4) Dwelling Units)

DMS. DN due. .




2010-1348 Newman (TMS)

149 Tagigan Road, Goomboorian

Food or Entertainment Venue (Function Venue)

DMS. Report to P&D Committee Meeting. (11) Submissions. One (1) Petition. Application held pending further supporting information.

2010-1870 Canty (TMS)

Bella Creek Road, Bella Creek

Accommodation Premises (Camping & Cabins) Food or Entertainment Venue (Multi Sports Park & Kiosk) and ERA #63 Sewage Treatment (2) (a) 21ep to 100ep Premises)

Amended AN issued 07/04/11. RFI sent 10/01/11. Awaiting applicant’s response. Concurrence Agencies DERM, DTMR response received 16/03/11 & DIP rfi issued 19/01/11. Advice Agency DERM rfi period extended until 12/05/11.

2010-1921 Nargoon Cattle Co (SFC)

Old Boonara Road, Cinnabar

MCU - Intensive Animal Husbandry (Increasing Existing 100 to 499 SCU Feedlot) & ERA #2(1)(b) Intense Animal Feed Lotting Cattle 150-1000scu

AN issued 10/12/10. RFI not required. Concurrency Agency DEEDI rfi issued 12/01/11.

2010-2019 G & G Securities (TMS)

Cootharaba Road, Gympie

Seeking a Preliminary Approval Varying the Effect of the Local Planning Instrument

PNS. ALOD issued 06/04/11.

2010-2055 Anderleigh Enterprises Pty Ltd (MKM)

270 Sorensen Road, Gunulda

Extractive Industry & ERA # 16 Extractive and Screening Activities, 2 (c) 100,000 to 1,000,000 Tonnes Per Annum

RFI issued 14/02/11. Awaiting applicant’s response. Concurrence Agency DERM (ERA & VMA) rfi extended until 12/05/11.

2010-2014 Monkira Dev P/L AFT Tilt Family Trust (SFC)

3 & 7 Flynn Road, Gympie

MCU – Multi-Residential (23 Dwelling Units) & RAL – Boundary Realignment.

PNS. ALOD issued 19/04/11. RFI response received 12/04/11.

2011-0069 Gresham (MKM)

Bruce Highway & Fullerton Road, Kybong

Twelve (12) Residential Airpark Allotments

RFI issued 17/03/11. Awaiting applicant’s response. Concurrence Agencies DERM (VMA), DTMR rfi issued 15/03/11, & DIP rfi due 04/05/11.

2011-0101 Broadcast Transmission Services Pty Ltd (MKM)

Carlo Road, Rainbow Beach

Public Utility (Digital TV repeater site)

DMS. DN due.

2011-0107 Coasteel Buildings Sunshine Coast & Gympie (PKM)

31 Hidden Place, Curra

Domestic Shed on Vacant Land

DMS. DN due.




2011-0109 Garage World Gympie (PKM)

55 Severn Chase, Curra

Domestic Shed on Vacant Land

PNS. Submissions due 10/05/11. One (I) submission.

2011-0154 Tamaree Developments Pty Ltd (TMS)

Tamaree, Garowme & Cloey Roads, Gympie

Preliminary Approval to Vary the Effect of the Planning Scheme for an Industrial Development

AN issued 07/03/11. RFI issued 27/04/11. Concurrence Agency DIP response due 18/04/11.

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

Part RFI response received 16/12/10.

DA17123 Wilson (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

Letter sent 08/10/10 requesting intentions to finalise.

2008-1574 Gerhardt (TMS)

15 Stanley Street, Gympie

Commercial Premises DMS. Report to P&D Committee Meeting. Refer to Item 2/2 in Today’s Agenda.

2009-0893 The Clayton Family Superannuation Fund (TMS)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

DMS. DN due. Additional information received 08/11/10.

2009-1648 Reyloh (KMT)

17,19,21, & 23 Oak Street and 22 Chatsworth Road, Gympie

Accommodation Premises (84 Motel Units and Caretaker’s Residence) and Food or Entertainment Venue (Restaurant and Function Room)

Applicant negotiating with DTMR.

2009-2121 Campbell (MKM)

53 Violet Street, Gympie

Display Yard (Extension to existing Landscape Supplies Centre)

DMS. Report to P&D Committee Meeting. Refer to Item 2/1 in Today’s Agenda.

2010-1209 Gympie Regional Council (TMS)

Bayside Road, Tin Can Bay

Public Utility (Waste Transfer Station) & ERA # 62 (Waste transfer station operation)

RFI issued. Awaiting applicant’s response due 23/06/11. Concurrence Agency DERM (ERA).

2010-1351 Medialoco (SFC)

29A Shields Street, Gympie

Multi-Residential Three (3) Dwelling Units

RFI issued. Awaiting applicant’s response. due 28/06/11.

2010-1553 I3 Consulting (MKM) (eDA)

3 Langton Road, Monkland

General Industry (Commercial showroom for the sale of building and hardware products)

Letter sent 14/03/11. DMS on hold 3 months. Concurrence agency DTMR.




2010-1520 Building Suncoast Green (SFC)

18 Brisbane Road, Gympie

Combined MCU - General Industry (Tyre Fitting Workshop) & Operational Works (Stormwater, Earthworks, Landscaping & Driveway)

RFI issued 18/11/10. Awaiting applicant’s response. Concurrence Agency DTMR rfi issued 05/11/10.

2010-1649 AJ & DA Corbet ATF AJ & DA Corbet Family Trust (MKM)

20 Barter Street, Gympie

Commercial Premises (Professional Offices)

DMS. DN due.

2010-1672 Fineline Residential Design (PKM)

Glory Hill Road, Kybong

Multi-Residential (Dwelling)

RFI issued 26/11/10. Awaiting applicant’s response. Concurrency Agency DTMR rfi issued 29/11/10.

2010-1703 Anderson (SFC)

98-102 River Road & 29 Excelsior Road, Gympie

Combined MCU Commercial Premises (Service Station, Showroom & Shop), RAL Subdivision to Create (2) Lots and Two (2) Access Easements from Four (4) Existing Lots & ERA #8.

DMS. Report to P&D Committee Meeting.

2010-1752 Morrison (MKM)

2 Stanley Street, Gympie

Multi-Residential (Seven (7) Units in Two (2) Stages

RFI issued 15/12/10. Awaiting applicant’s response. Concurrence Agency DTMR response received 09/12/10.

2010-1765 Gympie Regional Council (TMS)

Bonnick Road, Gympie

Public Utility – (Expansion of Waste Management Facility)

RFI sent 21/12/10. Awaiting applicant’s response. Concurrence Agency DERM rfi sent 27/01/11.

2010-2026 AHC Ltd (TMS)

5 Woolgar Road, Southside

Commercial Premises (Service Station, & Shop)

RFI sent 17/02/11. Awaiting applicant’s response. Concurrence Agency DTMR response received 01/03/11.

2011-0124 Peskops (TMS)

355 Sterling Road, Kandanga Creek

Intensive Animal Husbandry - Piggery (Free Range Pig Farm) and ERA#3 (1) Pig Keeping - Keeping 20 - 400 standard pig units

RFI issued 06/04/11. Awaiting Applicants Response. Concurrence Agencies DEEDI & DERM. Advice Agency DERM. DEEDI rfi issued 4/04/11. DERM rfi issued 27/04/11.

2011-0188 Jennings (TMS)

48 Violet Street, Gympie

ERA #20 (Metal Recovery) & ERA #21 (Motor Vehicle Workshop)

RFI due.

2011-0231 Schmidt (SAC)

66 Channon Street, Gympie

Homes Business (Home Office)

AN issued 28/03/11. No RFI required. Concurrence Agency DTMR.




2011-0266 Woolley (PKM)

2 Bowleers Drive, Southside

Multi-Residential (Duplex)

AN issued 21/04/11. Concurrence Agency DTMR.

2011-0235 Boyce (PKM)

Brooyar Road Woolooga

Dwelling House DMS. DN due.

2011-0234 Polley & Read (PKM)

727 Eel Creek Road Langshaw

Second Dwelling (Removal House for Farm Manager)

DMS. DN due.

2011-0193 Pakrat Pty Ltd (SFC)

31 Scrub Road, Gunalda

Commercial Facility (Showroom - Hardware Store)

RFI issued 10/05/11. Awaiting applicant’s response.

2011-0432 Stirling Homes QLD (PKM)

Wisteria Lane, Gympie

Multi-Residential Duplex

DMS. DN due.

2011-0460 Browne (SFC)

14 & 16 Mary Street, Gympie

Commercial Premises (Medical Centre)

RFI due.

2011-0333 Huba (LF)

Kimberley Avenue, Southside

Multi-Residential Duplex

RFI due.

2011-0396 Haigh (MKM)

110 Goomong Road, Kandanga

Multi-Residential (Third Dwelling)

RFI due.

2011-0521 United Petroleum Pty Ltd (TMS)

51 Geordie Road, Monkland

ERA#8 Chemical Storage

DMS. DN due.

2011-0439 Reece Australia Limited (LF)

2 Clematis Street, Gympie

(Warehouse & Showroom) and Advertising Device (One (1) Freestanding Non-Moving Sign)

RFI due.

2011-0548 @1 Investments Pty Ltd (LF)

5 Skyline Terrace, Gympie

Multi-Residential (Two (2) Units)

RFI due.

2011-0547 @1 Investments Pty Ltd (LF)

3 Skyline Terrace, Gympie

Multi-Residential (Two (2) Units)

RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1098 Allen-Co Holdings Pty Ltd (SAC)

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

RFI sent 11/11/09. Awaiting applicant’s response. Concurrence Agencies DTMR rfi issued 20/08/10. DERM (VMA) rfi issued 06/09/10 & DERM (EPA-clu) rfi issued 06/09/10.

2011-0534 Ahern James Naismith Pty Ltd (LF)

Upper Widgee Road, Widgee

Subdivision to Create One (1) Additional Lot

Acknowledgement Notice due.




RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)


DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside


DMS. Report to P&D Committee Meeting. Letter sent to DTMR 14/04/10. Awaiting response.

SD518 Hawkins (SFC)

Hawkins Road Widgee

Boundary Realignment

Letter sent 28/04/11 requesting intentions to finalise by 19/05/11.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/06/09. Referral Agency DMR rfi issued 23/03/09. Advice Agency Energex response received 20/03/09.

2009-2002 O’Leary & Pearman (SAC)

Glastonbury Road, The Palms

Subdivision to Create Twenty Four (24) Additional Lots

DERM & DTMR responses received. RFI sent 19/06/10. Awaiting applicant’s response.

2010-0248 Degen (MKM)

159 Tamaree Road Tamaree


RFI not required. Concurrence Agency DERM advise application not properly made 23/03/10. Amended proposal plans received 01/12/10.

2010-0428 Bay Survey Consultants (KMF)

Langton Road, Monkland

Subdivision to Create Eleven Additional Lots

Amended AN & RFI issued 26/08/10. Awaiting applicant’s response (due 28/05/11). Concurrence Agency DTMR response received 01/10/10. Concurrence & Advice Agency DERM (CLU & Heritage) response received 04/11/10.

2010-0539 Keeldale Pty Ltd (TMS)

95 Mooloo Road, Pie Creek

Subdivision to Create 29 additional Lots

RFI response received 20/08/10. Concurrence Agency DERM (VMA). Advice Agency DERM (Wetlands).

2010-1009 Whaite & Clutterbuck (SFC)

4-6 Harding Street, Kilkivan


DMS. Report to P&D Committee Meeting. Applicant extended DMS until 23/05/11.

2010-1566 Martin (PKM)

16 Charles Place, Curra



2010-1596 Alexander (SAC)

72 Old Veteran Road, Gympie



2010-1730 Murray & Associates (QLD) Pty Ltd (TMS) (eDA)

600 Bruce Highway, Chatsworth

Subdivision to Create Nineteen (19) Additional Lots

RFI issued 23/03/11. Awaiting applicant’s response. (related file DA15764)

2010-1977 Hess (TMS)

Briere Road, The Palms

Subdivision to Create (1) One Additional Lot

DMS. DN Due.

2010-2058 Dickinson (TMS)

308 Carlo Road, Rainbow Beach

Subdivision to Create (45) Additional Lots

RFI issued 14/02/11. Concurrence & Advice Agency DERM rfi issued 14/02/11.

2010-1944 Bentley (TMS)

66 Emperor Street, Tin Can Bay

Subdivision to Create (2) Two Additional Lots

RFI sent 18/01/11. Awaiting applicant’s response.




2011-0032 Moore (SFC)

208 Brisbane Road, Monkland

Subdivision to Create Three (3) Additional Lots

RFI issued 17/02/11. Awaiting applicant’s response. Concurrence Agency DTMR response received 28/03/11. DERM response received 14/03/11. QLD Transport Concurrence Agency.

2011-0050 Long (MKM)

679 East Deep Creek Road, Cedar Pocket

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2011-0048 Alford (MKM)

McIntosh Creek Road, Jones Hill

Subdivision to Create Five (5) Additional Lots

DMS. DN due. Refer to Item 3/1 in Today’s Agenda.

2011-0152 Dunn (MKM)

25 Samantha Drive, Pie Creek



2011-0156 Purssell (PKM)

18 Carmel Crescent, Curra


DMS. DN due.

2011-0169 Burke (SFC)

590 Noosa Road, Mothar Mountain

Subdivision to Create Seven (7) Additional Lots

RFI response received 31/03/11. Concurrence Agency DERM. Advice Agency DERM & Energex. Energex response received 11/04/11.

2011-0155 Podberseck & Griffiths (SAC)

4 Busby St & 30 Diamond Field Rd, Amamoor


AN issued 04/03/11. RFI not required. Concurrence Agencies DTMR & DERM. Advice Agencies DERM & Powerlink. Powerlink response received 05/04/11. DTMR response received 07/04/11.

2011-0204 Ahern Naismith Pty (SFC)

78-79 Greenoak Road, Kandanga


Amended AN issued 15/04/11. Advice Agency Powerlink.

2011-0198 Snow (SAC)

383 Nash Road, Tamaree

Subdivision to Create Six (6) Additional Lots

DMS. DN due.

2011-0230 MacKay (SFC)

343 Hyland Road, East Deep Creek

Subdivision to Create (2) Additional Lots in Two (2) Stages


2011-0259 Smillie (SFC)

38 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots and Access Easement

AN issued 24/03/11. RFI issued 28/04/11. Concurrence Agency DTMR. DTMR rfi issued 12/04/11.

2011-0281 Trembath (MKM)

284 Bryant Road, Bollier



2011-0379 Partington (SAC)

81 Donald Drive, Curra


AN issued 14/04/11. RFI due. Concurrence Agency DERM.

2011-0331 Resland Management (Aust) Pty Ltd (KMF)

Ranson Road, Gympie

Subdivision to Create (3) Three Additional Lots

RFI issued 20/04/11. Awaiting applicant’s response. Acknowledgement

2011-0274 DTS Group (KMF)

80 Howe Road, Traveston

Access Easement AN issued 07/04/11. No RFI required. Concurrence Agency DTMR (extended RFI period until 16/05/11), Advice Agency Energex.




2011-0450 Greenco Developments Pty Ltd (SAC)

1 Pinewood Avenue, Gympie


RFI issued 28/04/11.

2011-0551 Gympie Regional Council (KMF)

Geordie Road, Gympie


RFI due.

2011-0552 Bryers (PKM)

10 Billabong Court, Pie Creek


RFI due.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (TMS)

391 Bruce Highway North, Two Mile

Earthworks Part response to RFI received 07/08/09.

DA13568 Crampton (TMS)

10 Mitchell Street, Tin Can Bay

Op Works – Site Works, Driveway Access, Carparking & Landscaping

DMS. DN due.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

Letter sent requesting intentions. Response due 30/06/11.

2008-1682 Lohage (SFC)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2009-0297 Niduts Investment Trust (KMF)

Power Road, Widgee

Roadworks RFI extended until 18/03/11. Awaiting applicant’s response.

2009-1438 Opus Qantec McWilliam (TMS)

Old Imbil Road, Monkland

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure

DMS. DN due.

2010-1259 AECOM (TMS)

Queen Elizabeth Drive, Cooloola Cove

Landscaping for Approved Subdivision.

DMS. DN due.

2010-1997 Opus International Consultants (Aust) (TMS)

67 Channon Street, Gympie

Roadworks, Drainage Works, Landscaping and Signage for Approved Commercial Premises

DMS. DN due.

2010-1910 Ken Hudson & Associates Consulting Engineers (TMS)

5 Rose Road, Southside

Roadworks, Associated Drainage, Access, Earthworks, Landscaping, Water Supply and Sewerage for Approved Multi-Residential Development

DMS. DN due. Additional information requested 23/03/11.




2010-1738 Manage Design Construct Pty Ltd (TMS)

Curra Estate Road, Curra

Roadworks, Earthworks, Stormwater & Drainage Works

DMS. DN due.

2010-2020 Stateland Pty Ltd (TMS)

Sorensen Road, Southside

Roadworks, Drainage, Stormwater, Earthworks, Water & Sewerage Infrastructure and Landscaping

DMS. DN due.

2010-2072 Raw Ochre (MKM)

25 Dennis Little Drive, Glanmire

Stormwater, Drainage Works, Earthworks & Landscaping

DMS. DN due.

2011-0147 Earsman (TMS)

10 Shayduk Close, Gympie

Retaining Structures, Access Driveway and Car Parking

DMS. DN due.

2010-2060 Ken Hudson & Associates (SFC)

Valley Vista Road, The Dawn

Roadworks, Drainage Works, Stormwater & Earthworks

RFI sent 14/03/11. Awaiting applicant’s response. Third party advice SEQ water received 17/03/11.

2011-0286 Pegasus Biz Pty Ltd (TMS)

Wisteria Lane, Southside

Roadworks, Stormwater, Water Infrastructure, Clearing Vegetation under the Planning Scheme, Drainage works, Earthworks, Sewerage Infrastructure & Landscaping

RFI due.

2011-0127 Ken Hudson & Associates (PKM)

378 Eel Creek Road Pie Creek

Earthworks Roadworks Stormwater & Drainage Works


2011-0405 Woolworths Ltd (TMS)

92 & 94 River Road, Gympie

Roadworks, Stormwater, Earthworks, Water & Sewerage Infrastructure, Landscaping & Signage

RFI due.

OPERATIONAL WORK – ADVERTISING DEVICES 2011-0085 Mieron (PKM)

10 Bonnick Road, Gympie

Advertising Device (One freestanding non-moving sign) & Building Work Class 10b Sign


2011-0321 Bishopp Outdoor Advertising Pty Ltd (PKM)

44 Edwin Campion Drive Monkland

Advertising Device (One freestanding non-moving sign)

DMS. DN due.

2011-0492 Raw Ochre (PKM)

18 Rowe Street, Gympie

Advertising Device & Building Work





2011-0505 Bishopp Outdoor Advertising Pty Ltd (PKM)

2005 Bruce Highway, Kybong

Advertising Device One (1) Freestanding Non-Moving Sign

RFI due.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME 2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 (building application).

2011-0496 Nieuwenhuys (LF)

23 Brisbane Road, Gympie

Alternate sitings for sales and hire yard

RFI due.

COMPLIANCE ASSESSMENT

P22/05/11 Moved: Cr J.A. Walker Seconded: Cr D.R. Neilson

Recommend that the information be noted.

Carried. 4/2 Development Applications Approved File Number and Applicant

Location Date of Approval

Development Nature of Approval

2009-1717 Hood (KMF)

885 Glastonbury Road, Glastonbury

27/04/11 Reconfiguring a Lot - Subdivision to Create Four (4) Additional Lots

Development Permit

2011-0229 McLellan (PKM)

70 Hidden Place, Curra

27/04/11 Material Change of Use – Dwelling House (House and Shed in Bushfire Prone Area)

Development Permit

2010-1948 Optus (MKM)

Bayside Road,Tin Can Bay

05/05/11 Material Change of Use – Public Utility (Telecommunications Facility)

Development Permit

2011-0051 Stirling Homes QLD (PKM)

12 Wisteria Lane, Southside

21/04/11 Material Change of Use – Multi-Residential (Duplex)

Development Permit



File Number and Applicant



2010-1925 Gasmith Investments Pty Ltd ATF Gasmith Family Trust (MKM)

25 Little Dennis Drive, Glanmire

06/05/11 Material Change of Use – General Industry

Development Permit

2010-1729 Optus Mobile Pty Ltd (MKM)

21 Olive Street, Goomeri

06/05/11 Material Change of Use – Major Utility (Telecommunications Facility)

Development Permit

2011-0244 Osborne (KMF)

27 Watson Road, Southside

09/05/11 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

2011-0316 Figure & Ground (PKM)

2618 Bruce Highway, Gunalda

10/05/11 Operational Work – Advertising Signage (Three Pylon Signs and Four Building Signs) under Council Local Law No 8 (Control of Advertisings)

Development Permit

2011-0351 Premier Sign Industries QLD Pty Ltd (PKM)

15 Station Road, Gympie

10/05/11 Operational Work – Advertising Device (One (1) Freestanding

Development Permit

2010-1772 Jenkins (MKM)

Lehman Road, Traveston

09/05/11 Reconfiguring a Lot - Subdivision Creating Two (2) New Lots from Two(2) Existing Titles

Preliminary Approval

2010-1955 Ward (PKM)

40 Grecian Bends Road, Greens Creek

04/05/11 Reconfiguring a Lot - Subdivision to Create One (1) Additional Lot

Development Permit

2011-0546 Cooloola Building Approvals (TMS)

9 Habitat Circuit, Cooloola Cove

10/05/11 Material Change of Use – Dwelling House within a Wetland Overlay

Development Permit



File Number and Applicant



2008-1280 Gigal Enterprises (MKM)

11, 12, 13 & 14 Shayduk Close, Gympie

10/05/11 Request to Change an Existing Approval for Material Change of Use – Multi-Residential 13 Units

Amended Decision Notice and new approved plans issued for 9 units

DA13180 Keeldale (TMS)

Eel Creek Road, Pie Creek

03/04/11 Request to Change Existing Approval for Reconfiguring a Lot – Boundary Realignment and Subdivision to Create 121 additional lots in five (5) stages

Amended Decision Notice and new approved plans separating stage 2 into 2A and 2B and extension of currency until 03/04/14

P23/05/11 Moved: Cr R.A. Gâté Seconded: Cr J.A. Walker


Carried.

SECTION 5: GENERAL MATTERS 5/1 Building Summary and Report for the Month of April 2011

Re: Building Summary and Report for the Month of April 2011 From: Director of Planning and Development – M. Hartley File: 6-2-09-0001 Date: April 2011 Report: (Director of Planning and Development - M. Hartley) The Building Summary and Report for the Month of April 2011 is included as Attachment 1.

P24/05/11 Moved: Cr D.R. Neilson Seconded: Cr J. Watt Recommend that the Building Summary and Report for the Month of April 2011 as presented, be received.

Carried.



Ms T.M. Stenholm left the meeting at 9.59 a.m. SECTION 6: MATTERS FOR COUNCIL’S INFORMATION The following item is for Council’s Information (see Attachment 2). No Date

Received Received from Subject

1 18/4/2011 DERM New Queensland Coastal Plan (Doc ID 1490519)

2 4/5/2011 LGAQ Circular - Infrastructure Charges Research Report Highlights Financial Impact to Council (Doc ID 1492413)

3 4/5/2011 Local Government & Planning

Qld Government response to the report by the Infrastructure Charges Taskforce

P25/05/11 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett Recommend that Council notes the contents of the correspondence.

Carried. ADJOURNMENT OF MEETING The meeting adjourned for morning tea at 10.10 a.m. RESUMPTION OF MEETING The meeting resumed at 10.30 a.m.



COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee” to

discuss 1. Environment and Natural Resource Levy 2. Compliance Team Agenda Appendix P26/05/11 Moved: Cr D.R. Neilson Seconded: Cr R.J. Dyne That pursuant to the provisions of Section 72 of the Local Government

(Operations) Regulation 2010, Council resolves to close the meeting to the public and move “into committee” to consider the following matter/s:-

1. Environment and Natural Resource Levy 2. Compliance Team Agenda Appendix Further, that in relation to the provisions of Section 171 of the Local

Government Act 2009, Council resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried.

Ms A. Gosley (Environmental Planning Officer) entered the meeting at 10.31 a.m. Cr J.A. Walker left the meeting at 10.44 a.m. Cr R.J. Dyne left the meeting at 10.47 a.m. and did not return to the meeting. Cr J.A. Walker returned to the meeting at 10.48 a.m. Ms A. Gosley left the meeting at 10.55 a.m. Ms T.M. Stenholm returned to the meeting at 10.56 a.m.

Cr I.T. Petersen declared a Material Personal Interest in one of the matters discussed in Item 7/2 due to being a Director of the Company – P29/05/11 and left the meeting at 10.57 a.m. Cr I.T. Petersen vacated the Chair and Cr J. Watt (Proxy Chairman) assumed the role of Chairman of the meeting.

Cr I.T. Petersen returned to the meeting at 10.58 a.m. Cr J. Watt vacated the Chair and Cr I.T. Petersen resumed the role of Chairman of the meeting.



COUNCIL OUT OF COMMITTEE P27/05/11 Moved: Cr R.A. Gâté Seconded: Cr J. Watt That proceedings be resumed in Open Council.

Carried. SECTION 7: “IN COMMITTEE” ITEMS 7/1 Environment and Natural Resource Levy

P28/05/11 Moved: Cr G.L. Engeman Seconded: Cr R.A. Gâté

Recommend that the matter be referred to the next Planning & Development committee meeting, together with further advice from the Environmental Planning Officer in relation to the previous year’s allocations.

Carried.

7/2 Compliance Team Agenda Appendix

P29/05/11 Moved: Cr A.J. Perrett Seconded: Cr J.A. Walker


Carried. SECTION 8: GENERAL BUSINESS Nil



SECTION 9: ATTACHMENTS Attachment 1: Building Statistics for April 2011 (See Item 5/1) Attachment 2: (See Section 6) • Letter from DERM – New Queensland Coastal Plan • Email from LGAQ – Circular – Infrastructure Charges Research Report • Report from DLGAP – Qld Government Response to the Report by the Infrastructure

Charges Taskforce

There being no further business the meeting closed at 11.10 a.m.

CONFIRMED THIS THE TWENTY FIFTH DAY OF MAY 2011.

_____________________________________________ Cr I.T. Petersen

Chairman

2011-05-18 planning & development committee meeting minutes · 2013. 4. 1. · gympie regional...

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