enquiries: direct phone: 07 5433 2709 our ref: … · 2020. 2. 10. · enquiries: donal fahy direct...
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Enquiries: Donal Fahy Direct Phone: 07 5433 2709 Our Ref: DA/38272/2019/VCHG/1 Your Ref: - Date: 7 February 2020
GPF No. 5 Pty Ltd C/- DTS Group QLD PO Box 3128 WEST END QLD 4101 Dear Sir/Madam Re: CHANGE APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL Under section 79 of the Planning Act 2016 Development Application No.: DA/38272/2019/VCHG/1 Property Location: 16-28 Park Road, and Access Restriction Strip
Bisschop Street, Deception Bay Property Description: Lot 1 on SP151378, Lot 103 on RP811826 Development Type: Request to Change (Minor) - Reconfiguring a Lot -
Development Permit for Subdivision (1 into 49 Lots) I refer to the Change Application in respect to the abovementioned development approval and advise that on 5 February 2020, Council’s Delegate as the Assessment Manager decided to approve these changes in accordance with the Planning Act 2016. A Changed Development Approval for the following has now been issued; • Development Permit for Reconfiguring a Lot (Subdivision (1 into 49 Lots)) This Changed Decision Notice replaces the Notice previously issued and dated 22 October 2019. The development allowed by this approval must be carried out in accordance with the attached Decision package. Attached is an extract from the Planning Act 2016 which details your appeal rights and the appeal rights of any submitters, if applicable, regarding this decision. Should you have any further queries in relation to this decision, please contact Donal Fahy as referenced above. Yours faithfully Linda Tait Principal Planner Development Services
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Enclosures: Attachment 1 - Decision Notice Attachment 2 - Assessment Manager Conditions Attachment 3 - Approved Plans/ Documents Attachment 4 - Infrastructure Charges Notice Attachment 5 - Appeal Rights Attachment 6 - Referral Agency Response
Cc Unitywater
[email protected] Department of State Development, Manufacturing, Infrastructure and Planning SARA – North Regional Office [email protected]
ATTACHMENT 1
Decision Notice
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Decision Notice Planning Act 2016, section 83
NATURE OF CHANGES
The nature of the agreed changes include; • Table: “Approved Plans and Documents” - Table Amended • Condition 29 - Condition Added All other aspects of the previous Notice remain unchanged. APPLICATION DETAILS
Date of Change Application: 12 December 2019 Application No: DA/38272/2019/VCHG/1 Applicant: GPF No. 5 Pty Ltd
Street Address: 16-28 Park Road, and Access Restriction Strip Bisschop Street, Deception Bay
Real Property Description: Lot 1 on SP151378, Lot 103 on RP811826 Planning Scheme: Moreton Bay Regional Council Planning Scheme
APPROVAL DETAILS
Date of previous Notice: 22 October 2019 Date of Decision of Changed Development Approval: 5 February 2020 This change application was approved by Council’s Delegate as the Assessment Manager subject to conditions (refer Attachment 2). APPLICATION TYPE Development Permit Preliminary Approval
Reconfiguring a Lot for Subdivision (1 into 49 Lots)
OTHER NECESSARY PERMITS
Listed below are other permit/s that are necessary to allow the development to be carried out: • Operational Works – Development Permit. CURRENCY PERIOD OF APPROVAL
The currency period stated in section 85 of the Planning Act 2016 applies to each aspect of development in this approval, as outlined below: • Reconfiguring a Lot – 4 years
This notice does not extend the existing relevant period in effect for the development approval
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DEEMED APPROVAL
Not applicable. VARIATION APPROVAL
Not applicable. INFRASTRUCTURE
Unless otherwise specified, all assessment manager conditions of this development approval relating to the provision of infrastructure are non-trunk infrastructure conditions under Chapter 4, section 145 of the Planning Act 2016. ASSESSMENT MANAGER CONDITIONS
The conditions relevant to this development approval are listed in Attachment 2 of the Decision package. APPROVED PLANS / DOCUMENTS
The approved plans and/or documents as listed below for this development approval are included in Attachment 3 of the Decision package. Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated TTM response to Information Request 19BRT0220 TTM 21 June 2019
16-28 PARK ROAD, DECEPTION BAY STORMWATER MANAGEMENT PLAN
n/a DesignFlow 19 June 2019
Plan of Development BNE180539 A3 5727 Rev F DTS 5 September 2019
Subdivision Proposal Plan BNE180539 Rev M DTS 15 November 2019 Functional Layout Earthworks Plan 18-210-SK01 Rev B KN Group 30 July 2019
Functional Layout Earthworks Plan Sections 18-210-SK02 Rev B KN Group 30 July 2019
Functional Layout Road Plan 18-210-SK03 Rev B KN Group 30 July 2019 Functional Typical Sections 18-210-SK04 Rev B KN Group 30 July 2019 Functional Layout Stormwater Plan 18-210-SK05 Rev B KN Group 30 July 2019
Function Layout Overall Sewer Plan 18-210-SK06 Rev B KN Group 30 July 2019
Functional Layout Connection to Existing Sewer 18-210-SK07 Rev B KN Group 30 July 2019
Functional Layout Waterplan 18-210-SK08 Rev B KN Group 30 July 2019 Functional Layout Overall Services Plan Sheet 1
18-210-SK09 Rev B KN Group 30 July 2019
Functional Layout Overall 18-210-SK10 Rev B KN Group 30 July 2019
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Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Services Plan Sheet 2 Functional Layout Overall Services Plan Sheet 3 18-210-SK11 Rev B KN Group 30 July 2019
Functional Layout Driveways and Bin Location 18-210-SK12 Rev B KN Group 30 July 2019
Functional Layout Turnaround Details 18-210-SK13 Rev B KN Group 30 July 2019
Acoustic Report 2019078 R01D Acoustic Works 7 August 2019
Offset Planting Plan Opp01 Rev B Wolter Consulting Group
2 September 2019
Vegetation Assessment Report VAR-00 Rev D
Wolter Consulting Group
8 August 2019
Table Amended - Request to Change Development Approval - Delegated Authority 05 February 2020 ASSESSMENT BENCHMARKS
The Assessment Benchmarks that applied to the development from the following Categorising Instruments include; Categorising Instrument (Planning Regulation 2017) State Planning Policy • State Planning Policy 2017, Part E Regional Plan • South East Queensland Regional Plan 2017 (ShapingSEQ) Local Categorising Instrument (Moreton Bay Regional Planning Scheme) • General Residential Zone Code - Next Generation Code • Flood Hazard Overlay Code Local Categorising Instrument (Variation Approval) Not applicable. Local Categorising Instrument (Temporary Local Planning Instrument) OTHER RELEVANT ASSESSMENT MATTERS
Not Applicable. REASONS FOR THE DECISION
Subject to development conditions being imposed (refer Attachment 2), the development can comply with the applicable Assessment Benchmarks against which the application was required to be assessed. For further details, refer to the Reasons for the Decision section of the
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Assessment Report which is available on Council’s website (via PD Online) www.moretonbay.qld.gov.au using the application number referenced in this Notice. REASONS FOR APPROVAL DESPITE NON-COMPLIANCE WITH ASSESSMENT BENCHMARKS
Not Applicable. REFERRAL AGENCY CONDITIONS
The following Referral Agencies are relevant to the application: Referral Trigger Name & Address of Agency Status
Matters relating to State-Controlled Roads
Department of State Development, Manufacturing, Infrastructure and Planning SARA – North Regional Office [email protected]
Concurrence
Refer to the Referral Agency Response(s) in Attachment 6 of the Decision package for details of any conditions imposed by a Referral Agency. SUBMISSIONS
Not applicable. APPEAL RIGHTS
Attachment 5 of the Decision package is an extract from the Planning Act 2016 which details your appeal rights and the appeal rights of any submitters, if applicable, regarding this decision. OTHER DETAILS
If you wish to obtain more information about Council’s decision, please refer to the Assessment Report for the application on Council’s PD Online webpage at www.moretonbay.qld.gov.au using the application number referenced in this Notice.
ATTACHMENT 2
Assessment Manager Conditions of Approval
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CONDITION TIMING
RECONFIGURING A LOT - GENERAL
DEVELOPMENT PLANNING
1 Approved Plans and/or Documents
Undertake development generally in accordance with the approved plans and documents. These plans and documents will form part of the approval, unless otherwise amended by conditions of this approval.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan) and to be maintained at all times.
2 Fencing of Waterway Boundaries
Provide semi-transparent pool fencing with timber posts to the western boundary of proposed Lots 15-19 and Lot 20 to enable passive surveillance of public areas. Fencing is to have a minimum height of 1.2 metres and a maximum height of 1.8 metres and a minimum 50% transparency.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan) for Stage 2.
3 Acoustic Attenuation Measures
A Provide the following acoustic attenuation measures as specified in the approved Acoustic Report prepared by Acoustic Works: 1. Acoustic barriers. With the exception of the bus stop inset, acoustic barriers provided to Park Road must be setback 1m from the property boundary to allow for a 1m landscaped buffer area to the Park Road frontage. Buffer planting is to use species with demonstrated ability to be sustainable with low maintenance intervention. Council’s preference is to use native species with limited use of exotic species. Refer to species identified in MBRC Planning Scheme Policy - Integrated Design - Appendix D - Landscape Design & Street trees
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) for the first stage of development.
B Provide certification from a suitably qualified person that the above attenuation measures have been installed/implemented in accordance with the specifications of the Acoustic Report prepared by Acoustic Works except as varied by the setback requirements conditioned above.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) for the first stage of development.
4 Landscaping
A Provide landscaping on site generally in accordance with Planning Scheme Policy - Integrated Design Appendix D - Landscaping: The landscaping must also include the following:
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) for each stage of the development.
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CONDITION TIMING
1. A 1m screen buffer as noted in another condition. 2. Plant nine (9) replacement habitat trees along the
eastern verge of Road 1- minimum 45 litre pot size. Note: These are to be provided in addition to street trees.
3. Street trees along Road 1 and Road 2 - minimum 45 litre pot size.
B Provide certification, from a suitably qualified person, that landscaping has been implemented in accordance with (A) above.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) for the first stage of development.
5 Water and/or Sewerage
Submit to Council a Certificate of Completion or Provisional Certificate of Completion (for each stage where there are stages) for the development from the Northern SEQ Distributor–Retailer Authority (Unitywater) confirming: 1. a reticulated water supply network connection is
available to the land; and 2. a sewerage network connection is available to the
land; and 3. all the requirements of Unitywater have been
satisfied.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) for each stage of the development where there are stages.
6 New Telecommunications Infrastructure
A Provide Fibre-Ready telecommunications infrastructure (pit and pipe) throughout the development in accordance with the Communication Alliance specifications contained within Industry Guideline G645:2011 Fibre Ready Pit and Pipe Specifications for Real Estate Development Projects or in accordance with the NBN Co. specifications contained within New Developments: Deployment of the NBN Co Conduit and Pit Network – Guidelines for Developers NBN-TE-CTO-194 and Creating Pit and Pipe Designs for New Developments (Job Aid for Developers) NBN-TE-CTO-586, as amended and current at the date of installation.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan)..
B Provide certification from a RPEQ electrical engineer that the works specified in (a) above have been installed and evidence that a telecommunications carrier licensed under the Telecommunications Act 1997 has agreed to take ownership of the infrastructure. OR Provide written confirmation from NBN Co that the works specified in (a) above have been accepted by it.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
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CONDITION TIMING
7 Electricity
A Provide evidence (e.g. Certificate for Electricity Supply to Subdividers with Agreement Number or Certificate of Supply) demonstrating that an electricity supply network has or will be constructed within all new roads and along the frontage of each proposed lot.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
B Provide an underground electricity supply connection to each proposed residential lot.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
C Submit certification from a licensed surveyor, Registered Professional Engineer of Queensland (RPEQ) or registered building surveyor that any electricity connections and infrastructure made redundant by the development is removed with the land reinstated.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
8 Certify Lots are in Accordance with Approved Plan
Provide certification from a Licensed Surveyor that the lots created accord with the approved plan.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
9 Street Names
A Submit requests for the names of new street/s in accordance with Council’s Policy 11-2150-038 Allocation of Road Names and Street Address Numbers or as amended;
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
B Obtain approval from Council for the names of new streets in accordance with (A) above;
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
C Erect approved street name boards on all new roads in accordance (A) and (B); and
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
D Mark all street names on the survey plans. Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
10 Payment of Rates
Pay all outstanding rates and charges applicable to the subject land.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
11 Dedicated Road Access
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CONDITION TIMING
Provide dedicated constructed road access to the development.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan) and to be maintained at all times.
12 Develop in Stages
Develop the site generally in accordance with the stages identified on the approved plans in consecutive order. Development must comply with each condition of the development approval as it relates to each stage, unless otherwise stated in the condition.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
13 Remove /Demolition of Existing Buildings
Remove / demolish all existing buildings located on the subject site.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
14 Plan of Development
Development must comply with the approved Plan of Development unless otherwise approved in writing by Council.
To be maintained at all times.
15 Advice to Purchasers Regarding Plan of Development
Acknowledge in writing that potential purchasers will be advised of the approved Plan of Development and the requirement to comply with the approved Plan of Development.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. survey plan).
16 Management of Wildlife
A Carry out approved vegetation clearing under the supervision of a Fauna Spotter Catcher holding a valid Rehabilitation Permit from the relevant State Government Agency.
Prior to and during site works.
B Provide an activity report, to be completed by the supervising Fauna Spotter Catcher, including: 1. The number and species of any animals observed
during clearing; 2. The actions taken to deal with observed animals; 3. The number of any animals that were required to be
relocated; 4. The release site for any relocated animals; 5. The number (if any) of animals injured during
clearing; 6. The treatment provided; 7. The outcome of any treatment; and 8. The location of the treatment.
Within fourteen (14) days of completion of clearing.
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CONDITION TIMING
17 Disposal of Cleared Vegetation
Chip, shred or tub grind cleared native vegetation and spread as mulch or dispose of at an authorised waste facility.
At all times.
18 Stockpiles of Construction and Landscaping Materials
Locate any stockpiles of construction and landscaping materials and other site debris clear of drainage lines and clear of any position from which it could be washed onto any footpath, nature strip, roadway or into any drain, wetland or watercourse.
During site works.
19 Environmental Offset
A Submit a notice of election for the proposed offset as required by Section 18 of the Environmental Offsets Act 2014.
Prior to commencement of site works.
B Undertake clearing and offset delivery in accordance with the approved Agreed Delivery Arrangement;
Prior to commencement of site works.
C If providing a proponent driven offset, submit for approval an Offset Delivery Plan in accordance with section 2.3.1.3 of the Queensland Environmental Offsets Policy; and
Prior to commencement of site works.
D If providing a proponent driven offset, also provide certification of the completion of the offset and a copy of the covenant agreement or other protection measure to Council once established.
Upon completion of the offset works.
E Alternatively, if providing a financial settlement offset, submit a calculation of the financial offset obligation in accordance with the Financial Settlement Offset Calculation Methodology contained in the Queensland Environmental Offsets Policy or Council’s Planning Scheme Policy - Environmental areas and corridors; and
Prior to commencement of site works.
F If providing a financial settlement offset, submit to Council payment of a Financial Settlement Offset in accordance with section 2.3.2 of the Queensland Environmental Offsets Policy. Condition Amended -Negotiated Decision - Delegated Authority 22 October 2019
Prior to commencement of vegetation clearing site works.
DEVELOPMENT ENGINEERING
20 New Council Roads
A Submit and have approved by Council, a development application for operational works for the following: 1. All new roads and associated works.
Prior to commencement of works associated with this condition.
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CONDITION TIMING
The following classification is to be applied to proposed Road 1, Road 2 and Road 3:
• Modified Living Residential as illustrated on the approved KN Group Engineering Services Plans
Where a service access driveway is proposed, the following is required:
1. Minimum 5.5m wide at the crossover; 2. Car parking bays; 3. Cater for the access requirements of a B85
design vehicle with a driveway crossover in accordance with MBRC Standard Drawing RS-049 and RS-050.
Design drawings are to be prepared and certified by a suitably qualified Registered Professional Engineer Queensland (RPEQ) and in accordance with the approved plans and documents of development and the MBRC Planning Scheme current at the time of the operational works application.
B Construct, at no cost to Council and in accordance with the approved plans and documents of development the following:
1. Road 1 and associated works to be constructed in stage 1.
2. Roads 2 and 3 and associated works to be constructed through to the eastern boundary in stage 2.
This condition has been imposed under section 145 of the Planning Act 2016. Condition Amended -Negotiated Decision - Delegated Authority 22 October 2019
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
21 Turnarounds
A Provide sealed turnarounds at the end of proposed Roads 2 and 3 as demonstrated within the approved plans. The turnaround is to be of a configuration that enables Council’s standard waste collection vehicle to undertake a three point turn or better. This condition has been imposed under section 145 of the Planning Act 2016.
Prior to submitting to the Council any request for approval of a plan of subdivision for stage 2 (i.e. a survey plan).
B Provide easements for the purposes of public access over sealed turnaround areas shown on the approved
Prior to submitting to the Council any request for
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CONDITION TIMING
plans. Note: Easements may be removed in the event that a connecting road is provided through to the east.
approval of a plan of subdivision for stage 2 (i.e. a survey plan).
22 Erosion and Sediment Control
Implement an Erosion and Sediment Control Plan prepared by an experienced Certified Professional in Erosion and Sediment Control (CPESC) in accordance with the International Erosion Control Association Australasia (IECA) Best Practice and Sediment Control document.
Prior to commencement of works and to be maintained current at all times during construction.
23 Earth Retaining Structures
A Design all earth retaining structures within private land in accordance with Australian Standards, Building Code requirements and MBRC Planning scheme current the time of the operational works application and the following: • The minimum design life (the period assumed in design for which a structure or structural element is required to perform its intended purpose without replacement or major structural repairs) for the earth retaining structure that is specified in Table 3.1 of Australian Standard AS4678; • Earth retaining structures within the land and around areas of cut on or near the boundaries of the site must be designed to allow for live and dead loads associated with the land/premise’s current occupancy use; • Provide temporary safety fencing to all earth retaining structures over 1.0m in height.
Prior to commencement of works associated with this condition.
B Submit and have approved by Council, a development application for operational works for all earth retaining structures. Design drawing are to be prepared and certified by a suitably qualified Registered Professional Engineer Queensland (RPEQ) and in accordance with the approved plans and documents of development and the MBRC Planning Scheme current at the time of the operational works application and they are to clearly show the location and overall configuration (fully dimensioned), design parameters and loads, materials and finishes of all earth retaining structures for the development.
Prior to commencement of works associated with this condition.
C Construct all earth retaining structures within private land in accordance with Australian Standards, Building Code requirements and approved plans and documents
Prior to submitting to the Council any request for approval of a plan of
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CONDITION TIMING
of development. subdivision (i.e. a survey plan).
D Provide written certification from a suitably qualified Registered Professional Engineer Queensland (RPEQ) that the design, construction and materials comply with this condition.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
24 Existing Driveway Crossover
Remove completely the redundant driveway crossovers fronting the development site on Park Rd. Reinstate all disturbed areas (including kerb and channel) to Council’s standards current at the time of development.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
25 Minimum Lot Level
A Submit and have approved by Council, a development application for operational works for earthworks associated with allotment fill to the Council Defined Flood Event (DFE). The works are to be generally in accordance with the approved engineering drawings. Design drawing are to be prepared and certified by a suitably qualified Registered Professional Engineer Queensland (RPEQ) and in accordance with the approved plans and documents of development and the MBRC Planning Scheme current at the time of the operational works application. The DFE used for development can be obtained from the relevant section of the Flood Check Development Report available via Council’s website: www.moretonbay.qld.gov.au.
Prior to commencement of works associated with this condition.
B Construct the allotment levels, at no cost to Council and in accordance with the approved plans and documents of development.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
C Submit to Council As-Constructed drawings prepared by a Registered Surveyor, certifying that the development has been constructed in accordance this condition.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
26 EASEMENTS
Provide registered easements in favour of Council over any drainage paths and drainage infrastructure within all new lot/s in accordance with the approved plans and documents of development. The easement documents must acknowledge the maintenance, repair and replacement responsibilities of the owner of this development site.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan).
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CONDITION TIMING
Note: All easements are to be shown on plans submitted as part of operational works applications.
27 DRAINAGE RESERVE - LOT 900 & LOT 901
Transfer to Council on trust the area identified as Lot 900 and Lot 901 on the approved plan, in fee simple on trust for stormwater purposes. The land is to be transferred at no cost to Council.
This condition has been imposed under section 145 of the Planning Act 2016.
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan) for the applicable stage the land is located within.
CONCURRENCE AGENCY
28 Concurrence Agency
A Comply with the conditions of Department of State Development, Manufacturing, Infrastructure and Planning response dated 11 September 2019 (reference: 1907-12366SRA) or as amended.
At all times.
B Provide certification to Council prepared by a suitably qualified person or the agency demonstrating the requirements of the Department of State Development, Manufacturing, Infrastructure and Planning response have been met.
At all times.
29 Extinguish Access Restriction Strip
Provide evidence that Lot 103 on RP811826 (Access Restriction Strip) has been extinguished Condition Added - Request to Change Development Approval - Delegated Authority 05 February 2020
Prior to submitting to the Council any request for approval of a plan of subdivision (i.e. a survey plan) for Stage 1.
ADVICES
1 Aboriginal Cultural Heritage Act 2003
The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. The Act provides blanket protection of Aboriginal cultural heritage sites and places, including significant areas and objects, as well as archaeological remains. The Act also recognises that Aboriginal cultural heritage parties are key stakeholders in the assessment and management of Aboriginal cultural heritage. Under the Act, if a proposed activity involves disturbance of the ground surface, cultural heritage Duty of Care must be considered. This involves consideration of whether an activity is likely to harm Aboriginal cultural heritage. This may require involvement from
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ADVICES
the relevant Aboriginal cultural heritage party. Cultural heritage Duty of Care compliance ultimately lies with the person or entity conducting the activity, and penalty provisions apply for failing to fulfil this Duty of Care. Council strongly advises that before undertaking the land use activity, you refer to the cultural heritage duty of care - Department of Aboriginal and Torres Strait Islander Partnerships (Queensland Government) for further information regarding the responsibilities of the developer.
2 Adopted Charges
Payment of an Adopted Infrastructure Charge in accordance with Council’s Infrastructure Charges Resolution (No. 8) dated 14 August 2018 or as amended apply to this development approval. From 1 July 2014, Moreton Bay Regional Council no longer issues an Infrastructure Charges Notice on behalf of Unitywater for water supply and sewerage networks and therefore a separate Infrastructure Charges Notice may be issued directly to the applicant by Unitywater in respect to this development approval. Payment of Infrastructure Charges is to be in accordance with the Infrastructure Charges Notice issued with this development approval and any Infrastructure Charges Notice issued by Unitywater. From 1 July 2014, all Infrastructure Charges for infrastructure networks controlled by Unitywater (eg. water and/or sewerage) regardless of when the Infrastructure Charges Notice was issued are to be paid directly to Unitywater while Infrastructure Charges for networks controlled by Moreton Bay Regional Council will continue to be paid directly to Moreton Bay Regional Council.
PROPERTY NOTES
1 Siting Requirements
The following property note will be attached to Council’s database for all residential lots “A plan has been approved by Council for this lot identifying how and/or where development on this lot is to occur. Any development on this lot must be in accordance with the approved plan and associated conditions. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”
2 Acoustic Advice
The following property note will be attached to Council’s database for all residential Lots: “It is required that any residential development on this lot be designed and constructed in accordance with the relevant acoustic design and construction standards, or the specific requirements approved in any acoustic report. Further details can be found in the development permit creating the lot or the
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PROPERTY NOTES
development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au."
3 Additional Development Requirements
The following property note will be attached to Council’s database for Lots 9 -14 and 20 - 23: “Additional development requirements apply to this lot. Any development on this lot must be in accordance with the approved plan and associated conditions. Further details can be found in the development permit creating the lot or the development approval for the use, and the associated Council report (Delegated or Council Meeting) or approval letter. This information is available through the PD Online facility on Council’s website www.moretonbay.qld.gov.au.”
ATTACHMENT 3
Approved Plans / Documents
Residential Lot Yield Statistics
Lot Type Frontage (m) Depth (m)
Lots
Lot Type A
7.5 25-35 2 4%
Lot Type B
>7.5-10 25-35 3 6%
Lot Type C
>10-12.5 25-35 23 47%
Lot Type D
>12.5-18 25-35 18 37%
Lot Type E
>18-32 25-35 3 6%
Lot Type F
32+ 25-35 0 0%
Total Residential Allotments 49 100%
10
SCALE 1:750
0 10 20 30 40 50
Statistics
Total Area of Subdivision 2.924 Ha
Number of Residential Lots 49
Number of Other Lots 2
Length of New Road
397 m
Contour Interval 0.5 m
urban planning, surveying& development
BrisbanePO Box 3128, West End QLD 4101
Ph: 07 3118 0600
MackayPO Box 11711, Mackay Caneland QLD 4740
Ph: 1300 278 783
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IntRevisionIssue Date
16-28 Park Road, Deception Bay
Local Authority
Client
Moreton Bay Regional Council
Subdivision Proposal Plan
Gallery Homes Pty Ltd
This plan has been prepared by DTS as a proposal plan and should not
be used for any other purpose. The information contained on this plan is
approximate only, has not been verified and may be subject to change.
The intellectual property on this plan remains the property of DTS. The
contours shown on this plan have been derived from detail survey.
A3 5600
Drawing
Revision
M
Project
File
BNE180539
B180539P1.dwg
Sheet
1 of 1
Date
15/11/2019
Lot 1 on SP151378Description
@ A2
Stage 3, Lot 14H AV 13/05/19
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Minor lot adjustments to match lot calcsI AV 22/05/19
Lots 19, 20, 48, 49 & 900 to reflect engineeringJ AV 13/06/19
Minor lot adjustments to reflect draft conditionsK AV 6/08/19
Lot 49L AV 5/09/19
ARS noteM AV 15/11/19
ATTACHMENT 4
Infrastructure Charges Notice
Infrastructure Charges Notice
(s119 Planning Act 2016)
ABN 92 967 232 136
Moreton Bay Regional Council Caboolture Office, 2 Hasking Street, Caboolture Qld 4510 PO Box 159, CABOOLTURE QLD 4510
Page 1 of 4
Approval No: DA/38272/2019/V3RM Applicant: GPF No. 5 Pty Ltd
Approval Description: Reconfiguring a Lot - Development Permit for Subdivision (1 into 49 Lots)
Stage: 1 & 2
Based On: 2019/20 financial year Applicant Address: GPF No. 5 Pty Ltd C/- DTS Group Qld Pty Ltd PO Box 3128 WEST END QLD 4101
Version of Charges Resolution:
Ver 8 - 14 August 2018 Owner: Aronstar Pty Ltd
Proportional Split (MBRC/UW):
19/20 financial year Adopted 60/40 Owner Address: Aronstar Pty Ltd PO Box 25 DECEPTION BAY QLD 4508
Date Charges Payable: Reconfiguring a Lot component of the development approval - in accordance with section 122(1)(a) of the Planning Act 2016. Material Change of Use component of the development approval - in accordance with section 122(1)(c) of the Planning Act 2016. There has been no alternative agreement about payment or provision of infrastructure instead of payment.
Total Levied Charges: $844,979.04 The Total Levied Charge is calculated as the Total Charge less any Offset available as identified below in an Infrastructure Agreement or a condition of the development approval. Where the Offset exceeds the Total Charge and a refund is available, the Total Levied Charge is zero and any refund is addressed in the Refund section of this Infrastructure Charges Notice.
Property Details
Property Address Real Property Description
16-28 Park Road, DECEPTION BAY QLD 4508 Lot 1 SP 151378
Charge Details
Description Existing Demand (Credit)
Proposed Demand
Unit of Demand Demand Factor Charge Rate per Unit of Demand
Total Charge
RESIDENTIAL Residential Lot - equivalent of 3 or more Bedroom dwelling Stage 1 - 14 Lots 1.0000 14.0000 Dwelling 1.0000 $17,603.73 $228,848.49
Stage 2 - 35 0.0000 35.0000 Dwelling 1.0000 $17,603.73 $616,130.55
SUB TOTAL $844,979.04 TOTAL GST $0.00 GRAND TOTAL $844,979.04
Infrastructure Charges Notice
(s119 Planning Act 2016)
ABN 92 967 232 136
Moreton Bay Regional Council Caboolture Office, 2 Hasking Street, Caboolture Qld 4510 PO Box 159, CABOOLTURE QLD 4510
Page 2 of 4
Infrastructure Agreement Offset Details
IA Number (Council Ref)
Description
Agreement Date
Infrastructure ID Number
Infrastructure Item Description
Delivery Status1
Original Agreed Value of Item2
Previous Value of Item
Used3
New Value of Item Used4
Value of Item left Available5
Notes
1. Where an Infrastructure Item has not been delivered, the value of the Infrastructure Item as an offset has been deducted from the charge on an expectation that the Infrastructure Item will be delivered concurrently with, or before, payment of the Levied Charge is due as payable to Council. AVAILABLE means the item has been delivered at the date of issue of this Infrastructure Charges Notice whereas FUTURE means the item has not yet been delivered at the date of issue of this Infrastructure Charges Notice. 2. Represents the amount of the Original Agreed Value of the Infrastructure Item. 3. Represents the amount of the Original Agreed Value of the Infrastructure Item used in another Infrastructure Charges Notice (e.g. an earlier stage of the development). 4. Represents the amount of the Original Agreed Value of the Infrastructure Item used in this Infrastructure Charges Notice to determine the Total Levied Charge. 5. Represents the amount of the Original Agreed Value of the Infrastructure Item remaining after the issuing of this Infrastructure Charges Notice. In respect to the Notes above, where provided for in an Infrastructure Agreement or the Council’s Infrastructure Charges Resolution, the value of the infrastructure has been indexed to the date of issue of this Infrastructure Charges Notice.
Development Condition Offset Details
Condition and DA Number
Infrastructure Item Description
Delivery Status1
Original Agreed Value of Item2
Previous Value of Item
Used3
New Value of Item Used4
Value of Item left Available5
Notes - refer to Notes above
Refund Details
In accordance with s121 (1)(f) of the Planning Act 2016, any refund applicable is listed below and will be refunded in accordance with the terms listed in an infrastructure agreement, or if there is no infrastructure agreement, in accordance with the Council’s Infrastructure Charges Resolution Implementation Policy in effect at the date when the refund is payable and the Infrastructure Item has been Delivered6 to Council.
Infrastructure Item Condition Number Value of the Infrastructure Item Used as Offset in this
ICN
Value of Offset available for Refund or transfer to other development7
Infrastructure Charges Notice
(s119 Planning Act 2016)
ABN 92 967 232 136
Moreton Bay Regional Council Caboolture Office, 2 Hasking Street, Caboolture Qld 4510 PO Box 159, CABOOLTURE QLD 4510
Page 3 of 4
Notes
6. Delivered is taken to be (a) for land, the date when the land is transferred to Council in fee simple or dedicated as a reserve (e.g. road reserve), and/or (b) for works, the date when the works are accepted by Council in writing and in full as being 'On Maintenance', unless agreed to otherwise by Council in writing. 7. Where an Infrastructure Item has not been Delivered, the value of any refund is not available until the Infrastructure Item has been delivered to Council and has been confirmed by the Council as exceeding any Offset available and is in accordance with the Council’s Infrastructure Charges Resolution Implementation Policy.
INFORMATION NOTICE
THE DECISION AND REASONS FOR IT: The decision to issue this Infrastructure Charges Notice is to support the objectives of the Planning Act 2016 that provides for the establishment of a long-term local infrastructure planning and charging framework in Queensland that supports local government’s sustainability and development feasibility. The Notice has been compiled in accordance with the statutory requirements of the: - Moreton Bay Regional Council Infrastructure Charges Resolution (as amended) - Planning Regulation 2017 - Planning Act 2016
SUBMISSIONS REGARDING THIS NOTICE The recipient of an Infrastructure Charges Notice may make a submission about the Notice within the relevant appeal period (20 days from receipt of the Notice) in accordance with Chapter 4 Part 2 Subdivision 5 of the Planning Act 2016.
APPEALS ABOUT AN INFRASTRUCTURE CHARGES NOTICE The recipient of an Infrastructure Charges Notice may appeal to the court about the decision to give the notice in accordance with Chapter 6 Part 1 of the Planning Act 2016.
TO WHOM THE CHARGE MUST BE PAID
Payment of the Charge must be made payable to MORETON BAY REGIONAL COUNCIL via Customer Service or Development Services, PO Box 159, Caboolture Qld 4510
The Infrastructure Charge has been calculated in accordance with the charges stated in Council's Infrastructure Charges Resolution. This notice will be escalated to time of payment to the extent permitted under legislation in force at that time.
PAYMENT DUE BY:
In accordance with the Planning Act 2016 - extract as follows: A levied charge is payable - (a) if the charge applies for reconfiguring a lot - when the local government that levied the charge approves a plan for the reconfiguration that, under the Land Title Act, is required to be given to the local government for approval; or (b) if the charge applies for building work - when the final inspection certificate for the building work, or the certificate of classification for the building, is given under the Building Act; or (c) if the charge applies for material change of use - when the change happens; or (d) if the charge is for other development - on the day stated in the infrastructure charges notice under which the charge is levied.
Notice is hereby given that the abovementioned infrastructure charges levied by Moreton Bay Regional Council in compliance with the Planning Act 2016, Chapter 6 on land described for the period described, and such charges are DUE AND PAYABLE BY THE TIME STIPULATED IN THIS NOTICE. These charges plus any arrears and interest thereon may be recovered by legal process without further notice if unpaid after the time stipulated in this notice.
Infrastructure Charges Notice
(s119 Planning Act 2016)
ABN 92 967 232 136
Moreton Bay Regional Council Caboolture Office, 2 Hasking Street, Caboolture Qld 4510 PO Box 159, CABOOLTURE QLD 4510
Page 4 of 4
Infrastructure Charges Notice
IMPORTANT INFORMATION
PAYMENT
This notice is due and payable by the due time shown. Cheques, money orders or postal notes should be made payable to MORETON BAY REGIONAL COUNCIL and crossed "Not Negotiable". Change cannot be given on cheque payments. Property owners will be liable for any dishonour fees.
OVERSEAS PAYEES
Please forward your infrastructure charges payment by way of a bank draft for the required amount in Australian dollars.
GOODS AND SERVICES TAX
GST is not applicable to the Infrastructure Charges contained in this Notice.
INFRASTRUCTURE CHARGE IS SUBJECT TO PRICE VARIATION
The Levied Charge in this notice will be escalated to time of payment to the extent permitted under legislation and the Council’s Infrastructure Charges Resolution in force at that time. Where indexation is applicable, an online spreadsheet calculator is available to assist with making the calculation https://www.moretonbay.qld.gov.au/general.aspx?id=155295 Council takes no responsibility for the accuracy of the calculator. PLEASE CONTACT DEVELOPMENT SERVICES BEFORE MAKING PAYMENT.
INFRASTRUCTURE CHARGE ENQUIRIES
Enquiries regarding this infrastructure charge notice should be directed to MORETON BAY REGIONAL COUNCIL, Development Services, Caboolture Office, during office hours, Monday to Friday on phone (07) 3205 0555.
METHODS OF PAYMENT PAYMENT BY MAIL PAYMENT AT COUNCIL OFFICES PAYMENT MADE BY CREDIT CARD
Confirm the current Infrastructure Charge applicable and obtain an updated payment notice from Council's Development Services.
Confirm the current Infrastructure Charge applicable and obtain an updated payment notice from Council's Website.
Credit Cards accepted: Mastercard or Visa
Mail this updated payment notice immediately with your payment to: MORETON BAY REGIONAL COUNCIL, PO Box 159, Caboolture Qld 4510
Present this updated payment notice with your payment to Moreton Bay Regional Council at the Customer Service Counters.
NOTE: Cheques must be made payable to MORETON BAY REGIONAL COUNCIL
NOTE: Cheques must be made payable to MORETON BAY REGIONAL COUNCIL
ATTACHMENT 5
Appeal Rights
ATTACHMENT 6
Referral Agency Response(s)
RA6-N
Page 1 of 7
South East Queensland (North) regional officeMike Ahern Building, Level 3, 12 First Avenue, MaroochydorePO Box 1129, Maroochydore QLD 4558
SARA reference: 1907-12366 SRACouncil reference: DA/38272/2019/V3RMApplicant reference: BNE180539
11 September 2019
Chief Executive Officer Moreton Bay Regional CouncilPO Box 159Caboolture Qld [email protected]
Attention: Ms Linda Tait
Dear Ms Tait
SARA response—16-28 Park Road, Deception Bay (Referral agency response given under section 56 of the Planning Act 2016)
The development application described below was confirmed as properly referred by the Department of State Development, Manufacturing, Infrastructure and Planning on 29 July 2019.
ResponseOutcome: Referral agency response – with conditions.
Date of response: 11 September 2019
Conditions: The conditions in Attachment 1 must be attached to any development approval.
Advice: Advice to the applicant is in Attachment 2.
Reasons: The reasons for the referral agency response are in Attachment 3.
Development details
Description: Development permit Reconfiguring a lot from 1 lot into 49 residential lots and 2 drainage lots
SARA role: Referral agency
SARA trigger: Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, Item 1 (Planning Regulation 2017)
Reconfiguring a lot near a State-controlled road intersection
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 7
SARA reference: 1907-12366 SRA
Assessment Manager: Moreton Bay Regional Council
Street address: 16-28 Park Road, Deception Bay
Real property description: Lot 1 on SP151378
Applicant name: GPF No.5 Pty Ltd C/- DTS Group QLD Pty Ltd
Applicant contact details: PO Box 3128WEST END QLD [email protected]
RepresentationsAn applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Danika Cowie, Principal Planning Officer, on (07) 5352 9776 or via email [email protected] who will be pleased to assist.
Yours sincerely
Garth NolanManager (Planning)
cc GPF No.5 Pty Ltd C/- DTS Group QLD Pty Ltd, [email protected]
enc Attachment 1 - Referral agency conditionsAttachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations provisionsAttachment 5 - Approved plans and specifications
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 7
Attachment 1—Referral agency conditions(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the plans and specifications referenced below are found at Attachment 5)
No. Conditions Condition timing
Reconfiguring a lot (1 into 49 residential lots and 2 drainage lots)
Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, item 1—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):
1. The ‘indicative driveway locations’ for proposed lots 1 and 14 and the ‘new road’ to accommodate the existing bus stop, 'Park Road near Deception Bay Road, Deception Bay' (Hastus ID: 312065) must be in accordance with the Plan of Development, prepared by DTS, dated 5 September 2019, drawing A3 5727, revision F as amended in red by SARA on 11 September 2019.
Prior to submitting the Plan of Survey to the local government for approval and to be maintained at all times.
2. Carry out the development generally in accordance with the Acoustic Report, prepared by Acoustic Works dated 20 June 2019, reference 2019078 R01C 16-28 Park Road, Deception Bay RTN ENV.docx. In particular –
i. Construct noise barriers in the locations shown on Figure 5 and described in Section 9.1 of Acoustic Report, prepared by Acoustic Works dated 20 June 2019, reference 2019078 R01C 16-28 Park Road, Deception Bay RTN ENV.docx as amended in red by SARA on 11 September 2019.
Prior to submitting the Plan of Survey to the local government for approval and to be maintained at all times.
3. Stormwater management of the development must ensure no worsening or actionable nuisance to the state-controlled road.
At all times.
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 7
Attachment 2—Advice to the applicant
General advice1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2.4. If a word remains undefined it has its ordinary meaning.
Public passenger transport2. The existing bus stop, 'Park Road near Deception Bay Road, Deception Bay' (Hastus ID:
312065) may be impacted upon by the development. This bus stop must be able to function and pedestrian access must be maintained during construction of the development. Accordingly, if any temporary bus stop and pedestrian access arrangements are required, the applicant must reach agreement on suitable arrangements with the Department of Transport and Mains’ TransLink Division (07 3851 8700 or [email protected]) prior to any construction or works commencing.
Waterway barrier works3. The lot contains a green waterway as mapped on the Queensland waterway for waterway
barrier works spatial data layer. This waterway is largely within the proposed drainage reserve.Based on the information contained within the planning report and the subsequent information request response, there is either a 10m (proposed) or 20m (recommended by council) buffer to works in the waterway. Based on the currently plan of development for the proposed subdivision and the location of the residential lots and infrastructure, the proposed future works on these lots are unlikely to impact on the waterway, therefore the works are unlikely to trigger waterway barrier works. However, if any works are to occur within the waterway or drainage lots during the operational works stages of the proposal, pre-lodgement advice should be sought to confirm if the waterway barrier works trigger is applicable. If works are proposed within the waterway to upgrade the drainage area, it is unlikely to meet accepted development requirements and will require a development approval.
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 7
Attachment 3—Reasons for referral agency response(Given under section 56(7) of the Planning Act 2016)
The reasons for the department’s decision are: The proposed subdivision and associated works are to be entirely contained within the development
site. Vehicle access is proposed via Park Road, a local road. There is no vehicle access proposed to the
state-controlled road. The proposed development generally complies with State code 1: development in a State controlled
road environment of the State Development Assessment Provisions and where non-compliance has been identified, conditions have been applied to resolve the non-compliance.
Material used in the assessment of the application: The development application material and submitted plans Planning Act 2016 Planning Regulation 2017 The State Development Assessment Provisions (version 2.4), as published by the department The Development Assessment Rules SARA DA Mapping system
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 6 of 7
Attachment 4—Change representation provisions(page left intentionally blank)
1907-12366 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 7 of 7
Attachment 5—Approved plans and specifications(page left intentionally blank)
Int
Original issue
Revision
A
Issue
AV
Date
21/03/19
Description Lot 1 on SP151378
16-28 Park Road, Deception Bay
Local Authority
Client
A3 5727
Moreton Bay Regional Council
Drawing
Plan of Development
Gallery Homes Pty Ltd
Revision
F
Project
File
BNE180539
B180539Sk1.dwg
This plan has been prepared by DTS as a proposal plan and should not
be used for any other purpose. The information contained on this plan is
approximate only, has not been verified and may be subject to change.
The intellectual property on this plan remains the property of DTS.
Sheet
1 of 1
Date
5/09/2019
10
SCALE 1:750
0 10 20 30 40 50
urban planning, surveying& development
BrisbanePO Box 3128, West End QLD 4101
Ph: 07 3118 0600
MackayPO Box 11711, Mackay Caneland QLD 4740
Ph: 1300 278 783
tsd
PA
RK
RO
AD
ANITA AVENUE
B
IS
S
C
H
O
P
S
T
R
E
E
T
Site/Stage Boundary
MBRC Lot Type B
-
MBRC Lot Type E
MBRC Lot Type C
Drainage Reserve
-
-
LEGEND
-
-
-
MBRC Lot Type D
-
- Optional Built to Boundary Location
-
Mandatory Built to Boundary Location
-
Lot with No Built to Boundary Location
Indicative Driveway Location
Adjusted road boundaries to match Rev GB AV 27/03/19
MBRC Lot Type A-
minor boundary adjustments to match Rev JC AV 13/06/19
BTB Walls Lots 34-41D AV 14/06/19
Minor boundary adjustments to match Rev KE AV 6/08/19
Match Rev L (Lot 49)F AV 5/09/19
2019078 R01C 16-28 Park Road, Deception Bay RTN ENV.docx © Acoustic Works 2019 Page 23
9. Recommendations
9.1 Acoustic Barrier
Acoustic barriers are recommended to be constructed along the boundaries as shown in Figure 5.
The western TMR barrier (red) shall be constructed using 25mm thick lapped timber (minimum 40% overlap), masonry, Perspex, plywood, or other material with a minimum surface density of 15kg/m2. The barrier shall be a height of 2m above the finished pad level of the adjacent dwellings or 2m
above the boundary level (whichever is highest) and be constructed in accordance with Main Roads Standard Specification MRTS15 “Noise Fences”. The barriers shall be free of gaps and holes.
The southern barrier (yellow) shall be constructed using materials that achieve a minimum surface density of at least 10kg/m2. The barrier shall be a height of 1.8m above the finished pad level of the adjacent dwellings or 1.8m above the boundary level (whichever is highest). Suitable materials may
include lapped 19mm thick pine palings with 40% overlap, 9mm fibre cement sheet, masonry, aerated concrete, 6.38mm laminate glass or other materials which satisfy the minimum surface density requirement. The barriers shall be free of gaps and holes.
Figure 5: Recommended Acoustic Barriers
Acoustic barrier 2m high (TMR barrier) Acoustic barrier 1.8m high
Page 1 of 2
Development Assessment Rules—Representations about a referral agency response
The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1 regarding representations about a referral agency response
Part 6: Changes to the application and referral agency responses
28 Concurrence agency changes its response or gives a late response
28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.
28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—
(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or
(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or
(c) the applicant has given written agreement to the change to the referral agency response.2
28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.
1 Pursuant to Section 68 of the Planning Act 20162 In the instance an applicant has made representations to the concurrence agency under section 30,
and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied.
Page 2 of 2
Part 7: Miscellaneous
30 Representations about a referral agency response
30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.3
3 An applicant may elect, under section 32, to stop the assessment manager’s decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28.