smart eda - mackay council · smart eda id: 1431585814248 , your reference id: da-2015-124 history...

Smart eDA (http://www.smarteda.qld.gov.au) Page of 1 1 August 24, 2015, 03:11 PM

Initiator: Humphreys Reynolds Perkins North Qld Recipient: Mackay Regional Council

Referral compliance notice sent24/08/2015 2:40:48 PM

Smart eDA

Smart eDA ID: , Your Reference ID: 1431585814248 DA-2015-124

History detail

DescriptionCardno HRP Planning Consultants (Default Office) sent the referral compliancenotice.

Referral Agency Powerlink

Referred: 24/08/2015

CommentsThe application including Council's Acknowledgement Notice was given to theadvice agency by electronic delivery on 24 August 2015. Copy attached

Attachments

(Upload) Applicant referral of application to referral agency: View

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Received (Auto Date)

Cardno (Qld) Pty Ltd ABN 57 051 074 992

3/42 East Gordon Street

Mackay QLD 4740

Australia

PO Box 759

Mackay QLD 4740

Australia

Phone: +61 7 4957 5880

Fax: +61 7 4951 1070

www.cardno.com

www.cardno.com/cardnohrp

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New Zealand ● Papua New Guinea ● Peru ● Philippines ● Tanzania ● United Arab Emirates ● United Kingdom ● United States ● Operations in 85 countries

Our Ref : JV:HRP15105 Contact: John Viklund

24 August 2015

Powerlink Queensland PO Box 1193 VIRGINIA QLD 4014 Attention: Bernie Darch

[email protected] Your Ref: MSLink3058 Dear Bernie

ADVICE AGENCY REFERRAL – RECONFIGURATION OF A LOT – 2 RURAL LOTS INTO 2 LOTS – LOT 2 RP740432 & LOT 4 RP704391 – LOTS 2 & 4 RUTLANDS ROAD, KUTTABUL QLD 4741

We hereby refer the attached Development Application under the Sustainable Planning Act 2009. Referral trigger: 7.2.21 Powerlink is an Advice Agency to the application per Schedule 7 of the Sustainable Planning Regulation 2009. Attachments:

A. The application o Town Planning Report o IDAS Forms o Plan of Development o Powerlink pre-lodgement response MSLink3058 18 June 2015 (Appendix H)

B. Acknowledgement Notice DA-2015-124 (21/08/2015) We trust that this is acceptable and look forward to Powerlink’s response in at the earliest opportunity. Please contact me on the below number if you have any queries. Yours faithfully

John Viklund Senior Planner for Cardno HRP 07 4957 5880 [email protected]

cc: Mackay Regional Council (DA-2015-124)

mailto:[email protected]


www.cardno.com

Attachment A

Town Planning Report

Lot 2 & Lot 4 Rutlands Road, Kuttabul HRP15105

Development Permit – Reconfiguration of a Lot – 2 lots into 2 lots

Prepared for M&M Sheehan

August 2015

Town Planning Report

Lot 2 & Lot 4 Rutlands Road, Kuttabul Lot 2 RP740432 & Lot 4 RP704391 HRP15105

Town Planning Report Lot 2 & Lot 4 Rutlands Road, Kuttabul

Cardno HRP15105 ii

Document Information

Prepared for M&M Sheehan

Project Name Lot 2 & Lot 4 Rutlands Road, Kuttabul

File Reference Town Planning Report v1

Job Reference HRP15105

Date August 2015

Document Control

Version Date Author Author Initials

Reviewer Reviewer Initials

1 14/08/2015 John Viklund JV Michael Jewell MJ

Prepared for: M&M Sheehan C/- Po Box 759, Mackay, Qld, 4740

Prepared by: Cardno HRP

Cardno HRP retains ownership and copyright of the contents of this document including drawings, plans, figures and other work produced by Cardno HRP. This document is not to be reproduced in full or in part, unless separately approved by Cardno HRP. The client may use this document only for the purpose for which it was prepared. No third party is entitled to use or rely on this document. This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply. For a copy, please contact us or visit http://www.hrppc.com.au/TermsConditions. Our report is based on information made available by the client. The validity and comprehensiveness of supplied information has not been independently verified and, for the purposes of this report, it is assumed that the information provided to Cardno HRP is both complete and accurate. Whilst, to the best of our knowledge, the information contained in this report is accurate at the date of issue, changes may occur to the site conditions, the site context or the applicable planning framework. This report should not be used after any such changes without consulting the provider of the report or a suitably qualified person.

http://www.hrppc.com.au/TermsConditions


Cardno HRP15105 iii

Table of Contents

1 Executive Summary 5

1.1 Site Details 5

1.2 Application Details 5

2 Introduction 6

2.1 Pre-lodgement Advice 6

2.2 Pre-lodgement Referral Response 6

3 Site Details and Characteristics 7

3.1 Site Details 7

3.1.1 Location 7

3.2 Site Characteristics 7

3.2.1 Current Use of the Site 7

3.2.2 Road Frontages 7

3.2.3 Existing Significant Vegetation and Waterway Values 7

3.2.4 Ownership 7

3.2.5 Easements 7

3.2.6 Surrounding Land Uses and Zoning 8

3.2.7 Access 9

3.2.8 Existing Infrastructure and Services 9

3.2.9 Site Contamination 9

3.2.10 Topography 9

3.2.11 Planning Scheme Overlay Mapping 10

4 Proposed Development 11

4.1 Application Particulars 11

4.2 Proposal Description 11

4.3 Advice Agency Response 11

4.4 Impact on Amenity 12

4.5 Infrastructure Services 12

4.6 Adopted Infrastructure Charges 12

5 Statutory Town Planning Framework 13

5.1 Introduction 13

5.2 Sustainable Planning Act 2009 13

5.2.1 Code Assessment 13

5.2.2 Referral 14

5.2.3 Public Notification 15

5.2.4 State Planning Regulatory Provisions 15

5.2.5 State Planning Policies 15

5.3 MIW Regional Plan 16

5.4 Consolidated Mackay City Planning Scheme 2009 16

5.4.1 Area Classification 16

5.4.2 Applicable Development Codes 16

5.5 Draft Mackay Region Planning Scheme 16

6 Compliance Summary 19

6.1 Introduction 19

6.2 State Planning Regulatory Provisions 19

6.3 State Planning Policies 19


Cardno HRP15105 iv

6.4 Consolidated Mackay City Planning Scheme 2009 19

6.5 Compliance with Applicable Codes 19

6.5.1 Mackay Hinterland Locality Code 19

6.5.2 Reconfiguration of a Lot Code 19

6.5.3 Environment and Infrastructure Code 20

6.5.4 Bushfire Management Overlay Code 20

6.5.5 Development on Steep Land Overlay Code 20

6.5.6 Good Quality Agricultural Land Overlay Code 20

6.5.7 Landscape Character Overlay Code 20

7 Conclusions and Recommendations 21

Appendices

Appendix A – Statement of Code Compliance

Appendix B – Plan of Development

Appendix C – Owners Consent

Appendix D – Current Title Search

Appendix E – Registered Survey Plan and Smart Map

Appendix F – Searches: CLR and EMR

Appendix G – State Government Mapping Searches

Appendix H – Pre-lodgement Referral Response

Appendix I – IDAS Forms

Appendix J – XXXX

Appendix K – XXXX


Cardno HRP15105 5

1 Executive Summary

1.1 Site Details

Site Details

Address Lot 2 & Lot 4 Rutlands Road, Kuttabul

RPD Lot 2 RP740432

Lot 4 RP704391

Owner M&M Sheehan

Locality Hinterland

Precinct O’Connell River and Northern Streams

Zoning Rural

Site Area Lot 2 – 50.79ha

Lot 4 – 1.576ha

1.2 Application Details

Application Details

Development Type Development Permit for a Reconfiguration of a Lot – 2 lots into 2 lots

Level of Assessment Code

Proposal Summary To realign the common boundary between the two lots plus incorporate the amalgamation / dedication of land resulting from the simultaneous opening / closure of sections of Rutlands Road.

Defined Land Use NA

Referral – Concurrence Nil

Referral – Advice Powerlink (Trigger 7.2.21) – pre-lodgement referral response attached

Applicant M&M Sheehan C/- Cardno HRP

Applicant’s Representative

John Viklund

Reference HRP15105


Cardno HRP15105 6

2 Introduction

This Town Planning report accompanies a development application over land located at Lot 2 & Lot 4

Rutlands Road, Kuttabul (refer to Figure 1 – Location Plan).

M&M Sheehan are seeking a Development Permit for a Reconfiguration of a Lot – 2 lots into 2 lots.

Section 4 – The Proposed Development of this report together with Appendix B – Plan of Development

contains detailed information with regard to the design of the proposed development.

The proposal is assessable development under the Consolidated Mackay City Planning Scheme 2009

(effective February 2014). The planning scheme requires a Code Assessable development application to be

made in this instance.

Section 313 of the Sustainable Planning Act 2009 (“the SPA”) prescribes the requirements for Code

Assessment.

Section 6 – Summary of Compliance of this report provides a summary of the proposed development’s

compliance with the applicable provisions of the relevant planning framework. Appendix A – Statement of

Code Compliance to this report contains the complete assessment of the proposed development against

the applicable criteria of the relevant codes of the Consolidated Mackay City Planning Scheme 2009.

2.1 Pre-lodgement Advice

A pre-lodgement meeting was held between John Viklund (JV) of Cardno HRP, client representative Bradley

Sheehan and Council Principal Planner Leah Harris (LH). A copy of the meeting minutes is provided below.

Proposed road opening of Rutlands Road: to correct the extent of road reserve to fully contain the Rutlands Road pavement. Proposed Road closure: to close sections of Rutlands Road which do not follow the road pavement alignment – currently under cane cultivation. Proposed boundary realignment: to follow natural features and cane tramway. Rationale

Unconstructed section of road reserve closed – currently under cane cultivation and used by the applicant.

New section of road opened such that Rutlands Road is aligned within the road reserve.

Removes liability on Council of section of road pavement within private property.

Realignment of boundaries reduces tram line boundary crossing conflict within the property / improves the utility of Lot 4.

Discussion:

JV – noted that the alignment follows natural and constructed features. i.e. cane tram line and regulated vegetation to the north. Seeking indication of Council support prior to commencement of road closure procedures and DA lodgement.

LH – has spoken to Council technical services and in-principal Council has no objection to the proposed realignment and road opening / closure. Noted that there will be costs associated with the road closure – not the responsibility of Council.

Discussion on alternative layouts to reduce the area of proposed Lot 4. Noted and agreed that alternative layouts not practical, e.g. retaining a portion of Lot 4 in Lot 2 will create additional cane crossing, which is counter-productive to the intent of the realignment.

Applicant to commence road procedures and DA preparation.

2.2 Pre-lodgement Referral Response

A pre-lodgement referral response has been sought from Powerlink as an Advice Agency to the application

pursuant to referral trigger 7.2.21. The response is attached as Appendix H.


Cardno HRP15105 7

3 Site Details and Characteristics

3.1 Site Details

3.1.1 Location

The subject site is situated at Rutlands Road, Kuttabul and is located within the Rural Zone in the O’Connell

River and Northern Streams Planning Precinct.

3.2 Site Characteristics

3.2.1 Current Use of the Site

The site is partially cleared and under cultivation while the balance of the site is vegetated. In addition, Lot 2

is traversed east-west by high voltage electricity lines and associated easements, and a cane tramway

traverses both lots north-south.

3.2.2 Road Frontages

The subject site has single frontage to Rutlands Road – an access road constructed to an unsealed rural

profile.

3.2.3 Existing Significant Vegetation and Waterway Values

The northern portion of the site remains predominantly covered by regulated vegetation, while a lower order

creek system also traverses each property north-south. Refer to Appendix G – State Government

Mapping Searches.

3.2.4 Ownership

The registered owners of the subject lots are Michael James Sheehan and Margery Mary Sheehan as joint

tenants. Refer to Appendix D – Current Title Search for details.

3.2.5 Easements

Table 3-1 summarises the current easements and encumbrances over the subject lots. Refer to Appendix D

– Current Title Search and Appendix E – Registered Survey Plan and Smart Map for details.

Table 3-1: Easements and Encumbrances

Easement /

Dealing No.

Burdening Purpose

Emt B RP22362 Lot 2 RP740432 Electricity Easement

709627513 Lot 2 RP740432 Access right – Sugar Industry Act 1999



In addition, there is notation of a now expired 99 year lease of part of the land (Lot 2 RP740432) to Marian

Central Mill Company Pty Ltd, commencing 12/12/1910.


Cardno HRP15105 8

3.2.6 Surrounding Land Uses and Zoning

Table 3-2 below outlines the various land uses and zones of the properties surrounding the subject lot.

Table 3-2: Surrounding land uses and Zoning

Direction Zoning Land use

North Open Space / Rural National Park, cultivation, remnant forest

East Rural Cultivation / remnant forest

South Rural Cultivation, dwelling house

West Rural Dwelling Houses

Figures 3-1 and 3-2 below demonstrate the current zoning and surrounding land uses.

Figure 3-1: Zoning (Source: MRC MiMAPS)

Figure 3-2: Surrounding uses and services (Source: MRC MiMAPS Rural 2013 imagery)


Cardno HRP15105 9

3.2.7 Access

Each of the lots is physically divided into two portions by the tramway. Each portion is serviced by one or a

number of rural accesses as depicted in Figure 3-3 and Table 3-3.

Figure 3-3: Access locations (Source: MRC Nearmaps Rural 2013 imagery)

Table 3-3 – Existing Accesses

Access Description

1 Shared piped rural access with western portion of each subject lot and Lot 1

RP740432

2 Rural access providing joint access to the eastern portion of each subject lot as well as

Mackay Sugar access to the tram line

3 Rural access to the eastern portion of each subject lot

4 Rural access to the eastern portion of Lot 2

3.2.8 Existing Infrastructure and Services

There is an existing electricity line through each of the existing lots, feeding to Mount Blackwood (refer

Figure 3-2). Otherwise, no services are reticulated to the subject site.

3.2.9 Site Contamination

On 11 May 2015 a search of the Environmental Register and Contaminated Land Register was executed,

which confirmed that neither lot is included in either register.

Refer to Appendix F – Searches CLR & EMR for details.

3.2.10 Topography

The subject site is predominantly flat in the cultivated areas (approx. RL 10m AHD) rising to RL 110m AHD in the vegetated hilly area on the eastern side of the property. Refer to Figure 3-4 below.


Cardno HRP15105 10

Figure 3-4: Topography (Source: MRC MiMAPS, 2013 Rural Imagery, 5m Contours)

3.2.11 Planning Scheme Overlay Mapping

The following Planning Scheme Overlays apply to the site:

Bushfire Management

Development on Steep Land

Good Quality Agricultural Land

Landscape Character


Cardno HRP15105 11

4 Proposed Development

4.1 Application Particulars

Table 4-1 Application Particulars

Application Particulars

Development Type Development Permit for a Reconfiguration of a Lot – 2 lots into 2 lots

Level of Assessment Code

Proposal Summary To realign the common boundary between the two lots plus incorporate the amalgamation / dedication of land resulting from the simultaneous opening / closure of sections of Rutlands Road.

Referral – Concurrence Nil

Referral – Advice Powerlink (Trigger 7.2.21) – pre-lodgement referral response attached

4.2 Proposal Description

Table 4-2 demonstrates the existing and proposed lot areas and frontages:

Table 4-2 existing and proposed lot areas and frontages

Existing Proposed % Change in

Area Area Frontage Area Frontage

Lot 2 50.79ha 456m 50.1ha 400m -1.4%

Lot 4 1.576ha 410m 2.2ha 140m +71.2%

N.b. the areas and dimensions are approximate only, and are subject to change following survey of the land.

The new boundary follows the western alignment of the tramway, reducing the instances of boundary

crossings and ensuring no additional farm access across the line is required.

The standard setbacks to cane tramway infrastructure are indicated on the plan of development to

demonstrate utility of each lot for potential future uses.

The new boundary alignment avoids any areas of steep land or regulated vegetation, ensuring no impact to

associated codes relating to steep land, landscape character or the Vegetation Management Act.

The proposed road opening / closure is to be applied for concurrent to this RoL application. While not a

Council process, the road opening / closure is intended to be actioned in the Survey Plan to be submitted to

Council for endorsement as a single process.

The benefits and outcomes of the development are identified as:

Reduce impacts on the cane tram line.

Remove Council and owner liability of Rutlands Road being aligned within private property.

Portions of Rutlands Road not required for road purposes formalised into private ownership.

Predominantly maintains productive areas within the major parcel – arable land within the minor

parcel is offset against arable gains to the major parcel, ensuring minimal loss of land to agricultural

production.

4.3 Advice Agency Response

In response to the Advice Agency response, minor amendment was undertaken to the Plan of Development

to ensure service vehicle access from Rutlands Road through to the electricity easement is maintained

alongside the cane tram line within proposed Lot 4. In addition, the applicant will redirect the southern leg of

B


Cardno HRP15105 12

the access track to alongside the cane tram track towards Rutland Road as indicated on the Plan of

Development. This negates requirements for access easements through Lot 2 for service vehicle access.

4.4 Impact on Amenity

No new use is proposed or facilitated which is not already permitted on the land. In addition, each proposed

lot contains sufficient area separated from significant features such as the cane tramway for the siting of

sensitive land uses

4.5 Infrastructure Services

Proposed Lot 2 will have no infrastructure requirements.

It is proposed to reticulate electricity to the minor lot only, while telecommunications will be provided by

mobile service and water and sewerage will be self-contained.

Existing accesses provide access to each of the new lots – no works proposed.

4.6 Adopted Infrastructure Charges

In accordance with Council’s Adopted Infrastructure Charges Resolution (AICR) (effective from 16 April

2013), Council infrastructure charges and credits are applicable to any development approval for

Reconfiguration of Lot and Material Change of Use.

Council’s AICR specifies the following methodology of apportioning charges and credits to a Reconfiguration

of a Lot (residential lot).

Charges

The maximum adopted charge for a 3 bedroom or more dwelling per lot.

Credits

Adopted Infrastructure = [(Demand units X Adopted infrastructure Charges rate)] – [(Demand discount units

X Charge Adopted infrastructure credits rate) or (value of contributions previously paid)]].

As there is no increase in the number of lots, in this instance no charges will apply.

Existing credits: 2 lots

Proposed demand: 2 lots

Net increase: nil.


Cardno HRP15105 13

5 Statutory Town Planning Framework

5.1 Introduction

This section of the town planning report explains the applicable components of the statutory town planning

framework and their relevance to the proposed development.

5.2 Sustainable Planning Act 2009

The Sustainable Planning Act 2009 (the SPA) is the statutory instrument for the State of Queensland under

which, amongst other matters, development applications are assessed by local governments.

The SPA delivers an Integrated Development Assessment System (IDAS) for integrating State and local

government assessment and approval processes for development. Relevant stages in the IDAS process

including referral and public notification are addressed below.

5.2.1 Code Assessment

The planning framework relevant to assessing the development application at the time of lodgement

comprises the SPA and the Consolidated Mackay City Planning Scheme 2009 (effective February 2014).

Section 238 of the SPA prescribes that a Development Permit is necessary for assessable development, as

declared under the relevant planning scheme.

In this instance, a Code Assessable development application is required to be made to the Assessment

Manager to acquire the necessary Development Permit (refer to Section 5.4 – Consolidated Mackay City

Planning Scheme 2009 of this report).

Section 313 of SPA set out the provisions for assessment managers to assess Code Assessable

applications as follows:

“(2) The assessment manager must assess the part of the application against each

of the following matters or things to the extent the matter or thing is relevant to

the development—

(a) the State planning regulatory provisions;

(b) the regional plan for a designated region, to the extent it is not identified

in the planning scheme as being appropriately reflected in the planning

scheme;

(c) if the assessment manager is not a local government—the laws that are

administered by, and the policies that are reasonably identifiable as

policies applied by, the assessment manager and that are relevant to the

application;

(d) State planning policies, to the extent the policies are not identified in—

(i) any relevant regional plan as being appropriately reflected in the

regional plan; or

(ii) the planning scheme as being appropriately reflected in the

planning scheme;

(e) any applicable codes in the following instruments—

(i) a structure plan;

(ii) a master plan

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v) a planning scheme;


Cardno HRP15105 14

(f) if the assessment manager is an infrastructure provider – an adopted

infrastructure charges resolution or the priority infrastructure plan.

(3) In addition to the matters or things against which the assessment manager must

assess the application under subsection (2), the assessment manager must

assess the part of the application having regard to the following—

(a) the common material;

(b) any development approval for, and any lawful use of, premises the

subject of the application or adjacent premises;

(c) any referral agency’s response for the application.

(d) the purposes of any instrument containing an applicable code.

(4) If the assessment manager is not a local government, the laws that are

administered by, and the policies that are reasonably identifiable as policies

applied by, the assessment manager and that are relevant to the

application, are taken to be applicable codes in addition to the applicable

codes mentioned in subsection (2)(c) or (e).

(5) The assessment manager must not assess the application against, or having

regard to, anything other than a matter or thing mentioned in this section.

(6) Subsection (2)(a), (b) and (d) does not apply for the part of an application

involving assessment against the Building Act.”

According to Section 326 of the SPA:

“(1) The assessment manager’s decision must not conflict with a relevant instrument

unless—

(a) the conflict is necessary to ensure the decision complies with a State

planning regulatory provision; or

(b) there are sufficient grounds to justify the decision, despite the conflict; or

(c) the conflict arises because of a conflict between—

(i) 2 or more relevant instruments of the same type, and the decision

best achieves the purposes of the instruments; or

(ii) 2 or more aspects of any 1 relevant instrument, and the decision

best achieves the purposes of the instrument.”

At the time of the lodgement of the development application, the common material comprises the application

material only. The application material includes an assessment of the proposed development against the

relevant planning documents and the assessment criteria of the SPA. However, information arising from the

subsequent Information and Referral Stage will also form part of the common material to be assessed by

Council.

5.2.2 Referral

Section 254 of the SPA states that:

“A referral agency has, for assessing and responding to the part of an application

giving rise to the referral, the jurisdiction or jurisdictions prescribed under a regulation.”

Section 13 of the Sustainable Planning Regulation 2009 (“SPR”) explains that:

“For sections 250(a), 251(a) and 254(1) of the Act —

(a) schedule 7, column 2 states the referral agency, and whether it is an advice

agency or a concurrence agency, for the development application mentioned in

column 1; and

(b) schedule 7, column 3 states the jurisdiction of the referral agency mentioned in

column 2.”


Cardno HRP15105 15

No referrals have been identified as relevant to the proposal.

5.2.3 Public Notification

According to Section 295 of the SPA, the notification stage of the IDAS process applies to an application if

either of the following applies –

“(a) any part of the application requires impact assessment;

(b) the application is an application to which section 242 applies.”

The proposal does not require Impact Assessment.

5.2.4 State Planning Regulatory Provisions

A State Planning Regulatory Provision is an instrument made under Division 2 and Part 6 of the SPA for an

area to advance the purpose of the Act by—

(a) providing regulatory support for regional planning or master planning; or

(b) providing for a charge for the supply of infrastructure; or

(c) protecting planning scheme areas from adverse impacts.

A State Planning Regulatory Provision includes a draft State Planning Regulatory Provision.

Section 313(2)(a) of the SPA requires an Assessment Manager to assess an application against a State

Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the

development.

At the time of lodgement, the following relevant State Planning Regulatory Provisions were in force relevant

to the proposal:

State Planning Regulatory Provision (Adopted Charges) July 2012

The draft State Planning Regulatory Provision (Adopted Charges) establishes a maximum adopted

charge for trunk infrastructure, identifies for certain local government areas, priority infrastructure

areas to facilitate some aspects of development sequencing in relation to the charging framework

while those local governments complete their priority infrastructure plans, and provides a default

proportional split that may be levied by a distributor retailer and relevant local government, until 30

June 2013. These State Planning Regulatory Provisions are relevant to the proposed development

as the subject site is located within a local government area to which the State Planning Regulatory

Provisions apply.

5.2.5 State Planning Policies

A State Planning Policy is an instrument made by the Minister about matters of State interest. As prescribed

by Section 314(2)(d) of the SPA, an assessment manager must have regard to State Planning Policies, if

they are not identified in the planning scheme as being appropriately reflected in the planning scheme.

At the time of lodgement, the following State Planning Policies were in force:

The State Planning Policy (SPP)

The State Planning Policy replaces around a dozen repealed SPPs and provides a comprehensive

view of the State’s interests in land use planning and development for reference of local

governments in preparing planning schemes and assessing development applications.

There are 16 state interests arranged under five broad themes:

Liveable communities and housing

Economic growth

Environment and heritage

Hazards and safety

Infrastructure.


Cardno HRP15105 16

Part E: Interim Development Assessment Requirements details requirements which should be

considered in the preparation of development applications and must be considered by an

assessment manager when the local government planning scheme has not yet appropriately

integrated the state interests in the SPP.

5.3 MIW Regional Plan

The Mackay Isaac Whitsunday Regional Plan (MIW) came into full effect on 8 February 2012. Its primary

purpose is to provide a sustainable growth management strategy for the region that articulates strategic

direction and certainty that will accommodate a significant increase in population in MIW to 2031.

5.4 Consolidated Mackay City Planning Scheme 2009

The Consolidated Mackay City Planning Scheme 2009 came into effect in November 2009, replacing the

superseded Mackay City Planning Scheme 2006, and is the relevant planning scheme for the assessment of

development proposals within the former Mackay local government area.

5.4.1 Area Classification

The site is located within the Rural Zone of the Consolidated Mackay City Planning Scheme 2009.

5.4.2 Applicable Development Codes

As the proposal is Code Assessable development, the proposal is assessed against the relevant codes as

required by Table 3-2 – Assessment Categories and Applicable Codes – Other Types of Development.

Below is a list of the codes relevant to the proposal.

Codes

Primary Codes

Mackay Hinterland Locality Code including the Rural Zone

Reconfiguration of a Lot Code

Environment and Infrastructure Code

Overlay Codes

Bushfire Management Overlay Code

Development on Steep Land Overlay Code

Good Quality Agricultural Land Overlay Code

Landscape Character Overlay Code

A summary of compliance is set out in Section 6 of this report. A detailed assessment against the all of the

relevant provisions of the abovementioned codes is provided at Appendix A – Statement of Code

Compliance.

5.5 Draft Mackay Region Planning Scheme

In December 2014 the Mackay Regional Council adopted its Draft Mackay Region Planning Scheme (the

Draft Planning Scheme), which is currently under review of the State Government prior to approval for

commencement. Version 0.8 of the Draft Planning Scheme was placed on public display from May 10, 2013

to August 2, 2013. A summary of applicable provisions under the V 0.8 Draft Planning Scheme is provided in

Table 5.2 below.

Table 5.2 – Applicable Draft Planning Scheme Provisions

Site Details

Address Lot 2 & Lot 4 Rutlands Road, Kuttabul

RPD Lot 2 RP740432 & Lot 4 RP704319

Zone / Precinct Zone Map 5 – Rural zone


Cardno HRP15105 17

Overlays Acid Sulfate Soils Overlay Map 5

Land above 5m and below 20m AHD

Bushfire Hazard Overlay Map 5

High Risk Area

High Risk Area 100m Buffer

Medium Risk Area

Medium Risk Area 50m Buffer

Good Quality Agricultural Land Overlay Map 5

Good Quality Agricultural Land

Good Quality Agricultural Land (300m buffer)

Landscape Character and Image Corridor Overlay Map 5

Landscape Character

Landslide Hazard Overlay Map 5

Landslide Hazard (Slope 15% or greater)

Natural Waterways, Wetlands and Coastal Communities Overlay Map 5

Natural Waterways

Regional infrastructure corridors and substations Overlay Map 5

Major electricity corridor

100 metres of a major electricity corridor

Short-Cycle Cropping Land Overlay Map 5

Short-Cycle Cropping Land

Short-Cycle Cropping Land Buffer

Use Definition NA

Defined Activity Group NA

Assessment Process RoL – Code Assessable

Codes for Assessment Rural zone code

General development requirements code


Overlay Codes

Summary of Key Provisions:

The Draft Reconfiguration of a Lot Code is primarily relevant to consideration of the proposed development.

Notably, the development cannot comply with Performance Outcome PO8 as the total area of the two lots is

less than 100ha in the Rural zone.

Performance Outcome PO16 and Acceptable Outcome AO16.2 are relevant to development involving

boundary realignments.

Performance Outcome Acceptable Outcome

PO16

Lots created through boundary realignment (not

resulting in an additional number of lots) are:

(a) usable for development and integrate with the

character and amenity of the surrounding area;

(b) achieve one or a combination of the following:

(i) improved utility of the lot; or

(ii) boundary reflects natural features, infrastructure

corridors or easements; or

AO16.2

Lots created through the realignment of a boundary

or boundaries (not resulting in an additional number

of lots) achieve one or a combination of the

following:

(a) the utility and efficiency of the lot/s for the

intended use is improved; or

(b) the alignment of reconfigured boundary/ies

reflects:

(i) natural features such as watercourses, ridgelines


Cardno HRP15105 18

(iii) separation of uses or buildings; or

(iv) resolution of boundary encroachment issues.

or environmentally significant areas; or

(ii) infrastructure corridors such as roads and

electricity transmission lines; or

(iii) easements; or

(c) different uses or buildings are separated; or

(d) boundary encroachment issues, where a house,

structure or driveway/access way is built over a

boundary line, are resolved.

The proposed development achieves a number of the Performance Outcome / Acceptable Outcome criteria.

I.e.:

Boundary reflects natural features (regulated vegetation) and infrastructure corridors (tram line); and

Resolution of boundary encroachment issues (alignment of Rutlands Road within the road reserve).

Therefore, the proposed development is consistent with the Reconfiguration of a Lot Code in the Draft

Planning Scheme.


Cardno HRP15105 19

6 Compliance Summary

6.1 Introduction

The following sections comprise a summary of compliance against the relevant provisions of the planning

framework as they apply to the proposed development, identified in Section 5 of this report.

More detailed information and responses to the Consolidated Mackay City Planning Scheme 2009 provisions

are included in the Appendices to the Town Planning Report. Appendix A – Statement of Code

Compliance is particularly relevant in this regard, as it contains an assessment of the proposed

development against the relevant codes of the Planning Scheme.

6.2 State Planning Regulatory Provisions

The current State Planning Regulatory Provisions are listed in Section 5.2.4 of this report.

There are no State Planning Regulatory Provisions that are relevant to the proposed development.

6.3 State Planning Policies

The development application must have regard to all relevant and applicable State Planning Policies, which

are not incorporated or reflected Consolidated Mackay City Planning Scheme 2009.

The State Planning Policies in force at the time of lodgement, and those which are identified in Consolidated

Mackay City Planning Scheme 2009 as being appropriately reflected in the Planning Scheme are listed in

Section 5.2.5 of this Report.

There are no current State Planning Policies not reflected in the Planning Scheme that are relevant to the

proposed development.

6.4 Consolidated Mackay City Planning Scheme 2009

A comprehensive assessment of the relevant criteria in the Consolidated Mackay City Planning Scheme

2009 has been undertaken below.

6.5 Compliance with Applicable Codes

A comprehensive assessment of the development compliance with the relevant codes of the Consolidated

Mackay City Planning Scheme 2009 is included as Appendix A - Statement of Code Compliance of this

Town Planning Report. Compliance with the codes is summarised below.

6.5.1 Mackay Hinterland Locality Code

Development that achieves the Specific Outcomes for the Mackay Hinterland Locality Code including the

Rural zone complies with the Mackay Hinterland Locality Code.

The development complies with all applicable Specific Outcomes of the Mackay Hinterland Locality Code

including the Rural Zone within the Mackay Hinterland Locality and therefore complies with the Code.

A detailed statement of compliance is provided in Appendix A.

6.5.2 Reconfiguration of a Lot Code

Development that achieves the Specific Outcomes for the Reconfiguration of a Lot Code complies with the

Code.

The development complies with all applicable Specific Outcomes of the Reconfiguration of a Lot Code and

therefore complies with the code.



Cardno HRP15105 20

6.5.3 Environment and Infrastructure Code

Development that achieves the Specific Outcomes for the Environment and Infrastructure Code complies

with the Code.

The development complies with all applicable Specific Outcomes of the Environment and Infrastructure Code

and therefore complies with the code.


6.5.4 Bushfire Management Overlay Code

Each proposed lot contains a broad cleared area free of potential bushfire risk which is adequate for the

future siting of a dwelling house and maintenance of bushfire separation distances without resulting in

additional exempt clearing.

Therefore, the proposal is consistent with Overall Outcomes 2(a) and 2(b) of the code. i.e.

(2) The overall outcomes sought for the Bushfire Management Overlay are to ensure: a. the safety of people and property is protected from unreasonable risk from bushfire hazard; b. development is designed and located to minimise hazard from bushfire.

Further assessment of the Bushfire Management Overlay Code has not been undertaken.

6.5.5 Development on Steep Land Overlay Code

The proposed new boundary is located outside the steep portion of the site. Further assessment of the Code

has not been undertaken.

6.5.6 Good Quality Agricultural Land Overlay Code

Development that achieves the Specific Outcomes for the Good Quality Agricultural Land Overlay Code

complies with the Code.

The development complies with all applicable Specific Outcomes of the Good Quality Agricultural Land

Overlay Code and therefore complies with the code.

In particular:

The proposed realignment does not introduce a new use to the land (P1, P2, P5).

The proposed realignment does not take land out of agricultural production and does not limit the

range of crops which are able to be grown on the land (P3, P4, P6, P7).

Each lot is of suitable area and dimensions for the possible future siting of a Dwelling House

including associated setbacks and buffers (P8).


6.5.7 Landscape Character Overlay Code

The proposed new boundary is located outside the vegetated hill slopes and ridgelines on the site. Further

assessment of the Code has not been undertaken.


Cardno HRP15105 21

7 Conclusions and Recommendations

This Town Planning Report accompanies an application by M&M Sheehan seeking a Reconfiguration of Lot

– 2 lots into 2 lots and simultaneous road opening / closure.

Technical assessments have been undertaken with regard to the proposed development in order to assess

potential impacts and to address the relevant codes used by Council to assess the proposed development.

The information provided in this Town Planning Report (and accompanying technical appendices)

demonstrates that the proposed development complies with all applicable provisions of the relevant planning

framework or there are relevant grounds to support the development despite any conflict.

The proposed development complies, and is consistent with the relevant and applicable provisions of the

statutory town planning framework. In particular, the proposed development:-

I. Is consistent with the relevant parts of the Consolidated Mackay City Planning Scheme 2009;

II. Resolves existing road alignment and cane infrastructure alignments whilst closely maintaining the

proportional splits of the two subject lots; and

III. Results in lot areas and dimensions suitable for existing and potential future uses.

We therefore recommend that Council favourably consider the proposed development and approve the

proposed development application, subject to reasonable and relevant conditions.

Yours faithfully

John Viklund

Senior Planner

For CARDNO HRP

Michael Jewell Office Manager and Principal For CARDNO HRP


Cardno HRP15105 23

Lot 2 & Lot 4 Rutlands Road, Kuttabul

APPENDIX

A STATEMENT OF CODE COMPLIANCE


Cardno HRP15105 24

Statement of Code Compliance

Consolidated Mackay City Planning Scheme 2009

Primary Codes

Mackay Hinterland Locality Code


Environment and Infrastructure Code

Secondary Codes

Good Quality Agricultural Land Overlay Code


HRP15105 Cardno HRP 25

MACKAY HINTERLAND LOCALITY CODE Specific Outcomes Acceptable / Probable Solutions Discussion

Assessable Development

P1 Commercial development occurs on land included in the Commercial zone and does not detract from the network of centres referred to in the planning scheme.

S1 No solution specified. Not Applicable

P2 Tourist developments in the Hinterland locality:

(i) protect the coast and coastal waters, and the Clarke Range system;

(ii) achieve a level of visitation within the capacity of the site to accept the consequential changes without detriment to the environmental or recreational quality of the setting including landscape character;

(iii) avoid remote locations which create a need for a large workforce to commute to a remote location or require a large resident or live-in workforce;

(iv) exhibit a number of the following characteristics:

(a) proximity to infrastructure and services adequate to meet the day-to-day needs of the tourist population likely to be generated by development on the site;

(b) proximity to a natural attraction without the potential for adverse effects upon the attributes or values which give rise to the attractiveness of the site;

(c) an area of land sufficient to contain fully the extent of the proposed development and the potential impacts likely to flow from it; and

(d) located on land suitable in its physical characteristics to accommodate the form, scale and intensity of development proposed without imposing unnecessary or unacceptable impacts upon the surrounding area, including:

(A) clearing of extensive areas of natural vegetation or marine plants .




P3 Land uses establishing adjacent to industrial areas and key extractive resources areas which are incompatible with those areas include a buffer which mitigates any adverse impacts from the industrial use on the new use.

Not Applicable

P4 Rail infrastructure corridors are protected from the constraining effects of proximate, sensitive land uses by establishment of buffers, acoustic screens or other forms of physical separation. Where development occurs in close proximity to a rail corridor, mitigation measures in the design and siting of buildings and recreation space are provided.


P5 The establishment of activities within the rail corridor1,

including rail freight yards, stations and shunting yards, has regard for the environmental impacts upon adjacent and adjoining properties.


P6 The network of cane tramways is protected from the effects of incompatible development. New estate development for urban residential, rural residential or village purposes is planned to minimise the potential for tramway traffic to conflict with vehicular, bicycle or pedestrian traffic through a combination of careful design and maintenance of adequate buffers or separations.

S5 No solution specified. Complies

The proposed new boundary follows the western alignment of the cane tramway, ensuring minimal conflict with the infrastructure and retaining it within the major parcel. Proposed Lot 4 has sufficient width for the siting of any future dwelling beyond the required 50m setback distance to cane tramways and 100m from cane tam line level crossings and sidings (refer to Environment and Infrastructure Code – Environmental Amenity S3).

P7 New development on land in the Rural Residential and Village zones, adopts or creates new traffic and transport systems which:

(i) are based on the hierarchy of roads;

(ii) are appropriate to the transport and traffic tasks required by the proposed development, having regard to its scale, intensity and character;

(iii) are linked efficiently and safely with the existing road network;

(iv) promote the safe movement of traffic, cyclists and pedestrians throughout the development area; and

(v) minimise the potential for through traffic and local traffic conflicts and for industrial and non-industrial traffic conflicts.


1 Development within the rail corridor generally is not governed by the Planning Scheme, except for development undertaken by a private entity on non Crown land



P8 Land uses on sites adjacent to the Bruce Highway have limited direct access to the highway in accordance with the requirements and specifications of the Department of Main Roads.


P9 Open space areas are protected from potential impacts of development through:

(i) limiting development within open space areas to low impact activities, facilities and works that maintain the values of the area;

(ii) locating development on adjoining land in parts of the site less likely to have adverse effects;

(iii) providing buffers to open space areas of sufficient width to mitigate any adverse effects; and

(iv) adopting impact mitigation and management measures for development likely to cause adverse effects.


S9 No solution specified.

RURAL ZONE IN THE MACKAY HINTERLAND LOCALITY CODE Specific Outcomes Acceptable / Probable Solutions Discussion


P1 The use of land within the Rural Zone for rural purposes is sustainable over the long term by:

(i) avoiding fragmentation of agricultural lots; and

(ii) using the land according to industry best practice, including:

(a) risk reduction for natural hazards such as bushfire, flooding, land slips and soil erosion;

(b) the management of weeds and pests;

(c) waste reduction and management;

(d) ensuring the intensity of use is in keeping with the capacity of the land.

2


Complies

The proposed alignment closely maintains the

proportional arable area of the two existing lots. The

proposed alignment follows natural and infrastructure

features including avoiding regulated vegetation to the

north of proposed Lot 2 and following the western

alignment of the cane tramway through the subject site.

The proposed boundary avoids areas of natural

hazards.

The proposed alignment maintains all remnant areas

within the major parcel, to assist in uniform control of

pests and weeds in conjunction with the property

management.

2 Certain management practices for the conduct of an agricultural use are ‘exempt’ development in accordance with Schedule 8 of the Integrated Planning Act 1997.



Specific Outcomes Acceptable / Probable Solutions Discussion

The realignment will have no impact on waste

production.

The intensity of land use will remain consistent with

current practice.

P2 The major infrastructure supporting the sugar industry mills, and associated network of tramways and haul-out roads is protected from the effects of encroaching sensitive land uses.


Complies

Each lot is of sufficient area and dimension to support permitted land uses outside of the planning scheme setbacks to cane tramways and sidings.

P4 Intense forms of rural activity requiring upgrade of the existing service infrastructure, are located within reasonable proximity to the urban area of Mackay and the Port of Mackay, providing that the environmental impacts can be managed and the particular nature of the activity does not require a more remote location.


P5 Non-rural activities do not occur on land included in the Rural Zone.


The proposal does not involve non-rural uses.

P6 Rural residential development does not occur. S6 No solution specified. Not Applicable

The proposal is not for rural residential development.

ENVIRONMENT AND INFRASTRUCTURE CODE

Infrastructure


Infrastructure Provision

P1 Adequate infrastructure is provided in time to meet the needs of the development.

S1 The timing for provision of infrastructure for development complies with the standards and contribution requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Not Applicable

The proposed realignment will not require infrastructure provision.

Refer to section 4.7 of the Town Planning Report.

P2 Premises are provided with appropriate areas of private and public open space.

S2 The provision of open space complies with the standards and requirements detailed in the Open

Not Applicable




Note: Guidance in regards to the design and provision of

open space is provided in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

No open space is required to be provided.

P3 Premises have

(i) an adequate, safe and reliable supply of water, including potable water, and is connected, where possible, to an existing reticulated water supply.

(ii) the planning and design of potable water infrastructure considers Water Sensitive Urban Design (WSUD) such as water conservation initiatives.

S3.1 Premises are connected to Council’s reticulated water supply system.

S3.2 If connection to Council’s reticulated water supply system is not possible, a potable water supply is provided in accordance with the standards detailed in the Engineering Design guidelines Planning Scheme Policy).

Complies

The premises is outside the Mackay reticulated water area. Water supply will be sourced by rainfall harvesting.

P4 Treatment and disposal of waste water ensures:

1. no adverse ecological impacts on the environment, particularly nearby receiving environments including surface waters and ground water; and

2. the cumulative impacts of on site waste water treatment will not cause deterioration of environmental conditions;

3. the planning and design of wastewater infrastructure considers Water Sensitive Urban Design (WSUD) such as wastewater management measures.

S4.1 Connection to Council’s reticulated sewerage treatment system; or

S4.2 Where connection to Council reticulated sewerage system is not possible, and where 20 people or less, Council will refer to the requirements of the Environmental Protection (Water) Policy 1997 and the On Site Sewerage Code (NR&M July 2002) and AS 1547 to ensure the premises are suitable for effluent disposal.

S4.3 Where more than 20 people, no solution specified.

Complies

On-site disposal to be utilised for any future dwellings, etc.

Stormwater Management

P5 Drainage works are planned for and designed to ensure that adjoining land and the existing upstream and downstream drainage systems are not adversely affected by development, taking into account:

(i) Water Sensitive Urban Design (WSUD) principles such as:

1. protect natural systems;

2. enhance natural waterway systems within urban development using natural channel design principles;

3. detention of stormwater instead of rapid conveyance;

S5 Drainage works complies with the requirements of the Engineering Design Guidelines Planning Scheme Policy

Complies

Roof water will be harvested from any future dwellings for a potable water supply. Overflow will be returned to a sheet flow within the property.




4. minimise impervious areas;

5. utilisation of stormwater to conserve potable water;

6. integrate stormwater treatment into the landscape;

7. water efficient landscaping; and

8. protection of water related environmental values .

(ii) need for a stormwater system that can be economically maintained;

(iii) safety of pedestrians and vehicles;

(iv) location of discharge;

(v) construction of buildings, structures or paving up to site boundaries which avoid blocking or concentrating natural flow paths

3.

(vi) fauna movement is provided for through bridges and culverts.

External Works

P6 Kerb and channelling is provided to a satisfactory standard and constructed to:

(i) prevent edge fretting;

(ii) perform required drainage functions;

(iii) provide the appropriate level of control for vehicle movement;

(iv) allow ready access to abutting properties at suitable locations; and

(v) contribute to the desired streetscape character of the locality.

S6 Premises are provided with kerb and channel in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

Roads

P7 All proposed road pavement surfaces:

(i) are of a quality and durability suitable to the intended traffic volumes and loads;

(ii) provide all-weather access;

(iii) allow the discharge of rainfall;

(iv) provide the safe passage of vehicles and

S7 Roads are provided in accordance with the Engineering Design Guidelines Planning Scheme Policy ‘.

Not Applicable

No road works are proposed.

3 Guidance on the design and construction of drainage systems is provided by the Queensland Urban Drainage Manual 1994.




pedestrians; and

(v) provide a reasonable, comfortable riding quality.

Drainage networks

P8 In urban areas, the major drainage network is designed and constructed with the capacity to control stormwater flows under normal and minor system blockage conditions for the DFE applicable to drainage so that:

floodways are restricted to areas where there is no damage to property or hazards for motorists, and

runoff is directed to a lawful point of discharge through competently designed and constructed outlet works

S8 Design requirements of the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

Public Utilities

P9 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement.

4

S9 Street lighting and signage comply with the requirements of the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

Infrastructure Payments

P10 The costs of providing infrastructure is funded by the development giving rise to the need for the infrastructure.

S10 The funding of infrastructure complies with the requirements of the Contributions Planning Scheme Policy.

Not Applicable

There is no increase lot / number of demand units and therefore no contributions will apply.

Refer to section 4.7 of the Town Planning Report.

Car Parking and Access

P11 Premises are provided with:

(i) adequate vehicle parking spaces to satisfy the anticipated requirements of the activity;

(ii) safe and efficient access and manoeuvring areas to meet the anticipated volume and type of traffic;

(iii) large vehicles are able to enter and leave the site without prejudicing the safety and efficiency of the road;

(iv) access driveways are located and designed to minimise conflicts with traffic

S11.1 Vehicle parking on the site is in accordance with the rates specified in Schedule 2.

S11.2 Vehicles are able to enter and exit the site (with the exception of dwelling house and duplex) in a forward gear.

S11.3 The design of car parking and access complies with the requirements detailed in the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable

The development does not trigger car parking assessment.

4 ‘Australian Standards and Manual for Uniform Traffic Control Devices’ provides guidance in relation to these matters.




and pedestrians; and

(v) vehicle crossings from the carriageway to the frontage of the site are constructed and finished to appropriate standards for the expected volume and type of traffic generated by activities on the site.

Environmental Amenity


Lighting Management

P1 Outdoor lighting does not cause a loss of amenity to adjacent premises or adversely impact on native fauna as a result of the light it emits either directly or by reflection.

Note: Council will refer to the provisions of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting


Overshadowing

P2 The amenity of adjacent residential land is not adversely affected by shadows cast by adjoining building or structures.

S2 Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.

Not Applicable

Building Setbacks

P3 Residential buildings are sited to minimise loss of amenity for residents’ adjacent to cane tram lines.

S3 Residential buildings are set back a minimum of:

(a) 50m from cane tram lines; and

(b) 100m from cane tram line level crossings and sidings.

Not Applicable

P4 Buildings are set back from a road frontage to:

(i) complement the existing built form; and

(ii) preserve the safety of vehicle movement along adjoining roads.


Noise and Vibration Management


P1 Noise and vibration do not detract from the amenity of residents or employees of any adjacent


Not Applicable




premises.

P2 Premises accommodating uses which are likely to generate noise are designed and constructed with noise attenuation measures to avoid noise nuisance to nearby uses.


P3 Noise sensitive uses locating adjacent to State controlled transport infrastructure incorporate attenuation, building design and orientation measures.

Note: Development adjacent to State controlled roads

complies with the Department of Main Roads – Road Traffic Noise Management Code of Practice.


Not Applicable

Air Quality


P1 Premises used for purposes likely to generate emissions such as air pollutants, heat and odours incorporate:

(i) physical measures for removing pollutants from emissions prior to discharge to the atmosphere;

(ii) physical measures for reducing the temperature gradient between emissions and the atmosphere prior to discharge; and

(iii) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.


Not Applicable

Flooding



P1 Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential property damage and to ensure public safety.

S1.1 Development is sited on land that would not be subject to flooding during a DFE; or

S1.2 For development comprising a residential element, the floors of all habitable rooms are located 300mm above the DFE; or

S1.3 For non-residential development or development

Not Applicable

The subject site is not identified to be at risk of flooding and inundation.




involving temporary or moveable residential structures (e.g. caravan parks):

(i) buildings are located and designed so that floor levels (except areas used for car parking) are 300mm above the DFE; or

(ii) there is at least one evacuation route that remains passable for emergency evacuations during all floods up to and including the DFE.


P2 There is no increase in the number of people living or working on a flood prone site, except where the premises are occupied on a short term or intermittent basis.


Not Applicable

P3 Development does not result in adverse impacts for the safety of people or the capacity to use land within a floodplain and does not involve:

(i) Any physical alteration to a watercourse; or

(ii) Net filling of 50 cubic metres; or

(iii) The proposed works either:

(A) avoid any reductions of on-site flood storage capacity and contain within the subject site any changes in depth/duration/velocity in flood waters of all floods up to and including the DFE; or

(B) do not change the flood characteristics at the DFE outside the subject site in ways that result in:

- loss of flood storage;

- loss of / changes to flow paths;

- acceleration or retardation of flows; or

- any reduction of flood warning times elsewhere on the floodplain.


Not Applicable

P4 Storage and handling of hazardous substances on sites that are subject to risk of inundation or damage through flood, ensures that persons and property are not placed at unreasonable risk.

S4 Storage or handling of substances that may be a hazard to the environment or human safety by the risk of contamination due to flooding:

(i) is undertaken in accordance with a risk assessment; and

Not Applicable




(ii) provides for the storage of any hazardous substances above or securely isolated from the DFE level.

P5 The use is designed to minimise the impact of Cyclonic Hazards


Undefined Flood and Inundation Areas

P6 Where flood limits are not identified, development is undertaken such that there is no adverse effects on flood levels or flows on the site or up-stream and down-stream of the site


Water Quality

Specific Outcomes Acceptable / Probable Solutions Proposal

P1 Development does not detract from the maintenance of water quality in the City’s watercourses and bulk water storages, in particular its:

(i) environmental values; and

(ii) where applicable, potability of the water supply.


The proposal is identified as “low risk”.

P2 Premises incorporate:

1. physical measures for intercepting and treating surface water drainage and spilled substances prior to their release to the watercourses; and

2. bunding of sites or areas within sites or integrated drainage systems which include waste water treatment measures, where chemicals, fuels, lubricants or other soluble pollutants are being handled or stored.

Note: Council will refer to the Environmental Protection Policy (Water) 1997


P3 The City’s groundwater resources and surface waters are maintained by:

(i) providing a stormwater system that manages stormwater quantity and quality prior to discharging into receiving waters;

(ii) providing non-structural source control measures;


Complies

Any future dwelling and associated waste management will be sited clear of the creek through the premises.

No physical control measures are warranted or proposed. No construction work will occur as part of the realignment.




(iii) providing structural source control measures;

(iv) retaining or rehabilitating natural waterway corridors such as natural channels, wetlands and riparian vegetation;

(v) providing storage of waste water in secure and sealed storage facilities;

(vi) ensuring efficient disposal areas and ground and surface water retrieval areas are buffered from each other;

(vii) ensuring that contaminants do not enter the groundwater resources; and

(viii) with reuse of reclaimed water, ensuring safe treatment and disposal of contaminated water.

P4 The biodiversity and habitat values of coastal areas and associated estuarine systems are protected from:

(i) increased nutrient or sediment levels; or

(ii) changed flow, inhibited passage, or hydrologic regimes of the natural coastal and marine margins, which may result from development.

5


Not Applicable

P5 Sediment and nutrient loadings into a watercourse are minimised through:

(i) treated on-site effluent;

(ii) adequate stormwater run-off controls; and

(iii) on-site and off-site erosion and sediment controls.


Complies

Refer to P3 response above.

Erosion and Sediment Control


P1 Minimisation of the risk of erosion and sedimentation either on-site or elsewhere, by a comprehensive approach to soil erosion control

S1 The control of Erosion and Sedimentation complies with Planning Scheme Policy 15.07 - Engineering Design Guideline D7 Soil and Water

Not Applicable

No construction or sediment control is proposed.

5 See ANZECC Australian and New Zealand Guidelines for Fresh and Marine Water Quality, 2000.




and sedimentation management, including:

(i) the minimisation of:

(ii) earthworks;

(i) clearing of land;

(ii) long term stockpiling of excavated materials;

a. use of appropriate construction management techniques;

b. diverting surface water drainage around disturbed areas; and

c. treating and removing sediments from stormwater over disturbed areas prior to release from the site.

Quality Management.

P2 Progressive rehabilitation of disturbed areas occurs within the site through a comprehensive rehabilitation program including:

a. the grading and reshaping of the disturbed areas to provide controlled and stable drainage flow paths;

b. the construction of drainage paths which divert high velocity flows away from disturbed areas;

c. the re-spreading of stored top soil stripped from the site; and

d. the planting of the disturbed area with native species of grasses, ground covers and trees.


Not Applicable

Coastal Management


P1

(i) there is no net loss of public access to the foreshore, or of public useability of coastal waters;

(ii) appropriate location and design is achieved with respect to sensitive coastal resources and their values;


Not Applicable




(iii) roads that run parallel to the coast, are set back from erosion prone areas and significant coastal resources, with only smaller access roads running to the coast; and

(iv) minor spur roads to the foreshore and associated car parks provide access to the foreshore at locations that are convenient to the public, have low environmental sensitivity, and avoid locations that may increase storm tide hazard.

Erosion Prone Areas

P1 Development and permanent buildings are minimised in erosion-prone areas as defined in this code (apart from temporary or relocatable structures required for safety and recreational purposes).

S1.1 Reconfiguring a lot within an erosion prone area incorporates erosion prone land as undeveloped open space.

S1.2 Relocatable structures such as picnic tables, barbecues, coastal trails, bikeways, demountable structures, equipment sheds, lookouts, elevated decks, shelter sheds etc are located within erosion prone areas only where they remain relocatable.

S1.3 All other development is; (i) located outside of the erosion prone area;

or (ii) as far landward as practical within the lot ;

and (iii) is coastal dependent development (as

defined in this code). S1.4 All building works (excluding demolition), including

extension to existing buildings, on lots wholly or partly within the erosion prone area are:

(i) For rural areas and undeveloped urban areas, located landward of the erosion prone area to minimise the extent of permanent building inside the erosion prone area; and

(ii) For urban areas, located wholly landward of the alignment of existing neighbouring buildings and of a scale and intensity similar to that of the surrounding development.

Not Applicable




P2 Where there is existing development within an erosion-prone area, redevelopment and extensions do not (as defined in this code):-

(i) extend the intensity of the existing level; or

(ii) compromise coastal management outcomes and principles

Note: Supporting information required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

P2 No solution specified.

Not Applicable

High Impact Activity Areas6

Not Applicable – The subject site is not located within a High Impact Activity area.

Landscaping and Fencing


P1 Development is provided with adequate and suitable landscaping and screening on the site which ensures:

(i) an attractive streetscape appearance; and

(ii) the privacy and amenity of any adjoining residences.

S1 Landscaping is provided in accordance with the Landscaping Planning Scheme Policy

Not Applicable

No landscaping is proposed.

P2 Landscaping is designed to prevent encroachment upon electricity infrastructure.

S2.1 Landscaping near electricity lines or substations, are designed and developed so that any vegetation at maturity or landscaping structures or works will not exceed 4.0m in height on land:

(i) in an electric line shadow7; or

(ii) within 5m of an electric line shadow; or

(iii) within 5m of a substation boundary.

S2.2 Elsewhere, vegetation is planted in a position that is further from the nearest edge of an electric line shadow or substation boundary than the expected maximum height at maturity of vegetation.

S2.3 On land adjoining an electricity substation

Not Applicable


6 Refer to High Impact Activities Information Map

7 Electric Line Shadow is defined in Schedule 1




boundary, the vegetation foliage at maturity will not be within 3m of the substation boundary. However, where a substation has a solid wall along any part of its boundary, foliage may extend to, but not above or beyond, that solid wall.

P3 Landscaping provides a 2m wide landscaped strip adjacent to the road frontage incorporating existing vegetation wherever possible.


Not Applicable


P4 A landscape strip is provided comprising either a 1.8m high solid fence or 2m wide planted screen adjacent to all side and rear boundaries of a site which adjoins any residential area.


Not Applicable


P5 Landscaping around buildings is designed to maximise shade and redirect cooling breezes in summer and to provide a windbreak in winter.


.

Not Applicable No landscaping is proposed.

P6 Landscaping incorporates planting for shading summer sun, including:

a. tall shade trees to the west and east of the building; and

b. trellises or pergolas adjacent to windows to the north of the building.


Not Applicable


P7 Landscaping is designed to maximise the outdoor shade areas and minimise use of hard reflective surfaces around the building.


.

Not Applicable


Landscaping for Outdoor Vehicle Parking Areas

P8 Landscaping for outdoor vehicle parking areas, where development is for the purposes of Accommodation units, multiple dwelling units, Sport and recreation, indoor entertainment, outdoor entertainment, child care centre, service station, motel, Industrial uses and retail or commercial uses, will:

(i) visually enhance the area along any road frontage;

(ii) screen the area from any adjoining residential or other sensitive uses;

(iii) provide visual relief and shade throughout

S8.1 Landscaping of outdoor vehicle parking areas provides planting of trees and shrubs:

(i) in a strip 2m wide along any primary road frontage at a density and a scale appropriate to the size of the vehicle parking area and the function of the adjoining road; and

(ii) in median areas throughout the vehicle parking area at a rate of 1 shade tree for every 6 parking spaces.

S8.2 Provide a wall, fence or continuous screen planting, to a height of at least 1.8m along any

Not Applicable

The proposed development will not introduce a use listed in Specific Outcome P8.




the area; and

(iv) be compatible with local native species.

boundary to land used or likely to be used for residential or other sensitive use.

Landscaping - General Requirements

P9 Landscaping is designed and established to:

(i) an appropriate scale relative to both the street reserve width and to the size and nature of the development;

(ii) incorporate remnant vegetation, where possible;

(iii) provide summer shade and shelter for pedestrian comfort and energy efficiency of buildings;

(iv) maximise areas suitable for on-site infiltration of stormwater;

(v) allow for pedestrian and vehicle safety;

(vi) generate a cohesive and distinct visual character for the streetscape and locality;

(vii) be suitable to the tropical climate;

(viii) provides planting, paving and other landscape treatment according to a Landscaping Plan; and

(ix) minimise irrigation requirements through appropriate plant selection, mulching and water efficient irrigation systems.

Note: The Landscape Planning Scheme Policy should

be referred to for information that may be required by Council to assist in assessment of an application.


Not Applicable


The site is note mapped as maintaining remnant vegetation or vegetation of significant value.

Vegetation Management

P10 Natural vegetation is maintained wherever possible.

Note: Assessable development being operational work

that is clearing of native vegetation of freehold land consistent with Schedule 8, Part 1, 3A of IPA will be assessed under the provisions of the Vegetation Management Act 1999 and the State code for clearing of vegetation on freehold land.


The proposal does not involve any clearing or result in additional exempt clearing.



Community Safety Design Principles


Not Applicable - The proposed development is in a rural area and will not impact on community safety.

Constructed Lakes

Not Applicable – No constructed lakes are proposed.

RECONFIGURATION OF A LOT CODE

Table 9-18 Specific Outcomes and Acceptable & Probable Solutions for the Reconfiguration of a Lot Code

Specific Outcomes Acceptable / Probable Solutions Response

Overall Design

P1 The proposed lot layout facilitates the desired future use of land in accordance with the relevant Locality Code by:

(i) Establishing an orderly and acceptable land use pattern;

(ii) Providing a road network consistent with the road hierarchy identified on the Key Infrastructure Maps (A and B);

(iii) Providing a network, incorporating linkages, of public open space meeting community needs and protecting valuable features; and

(iv) Providing an integrated drainage system based on natural drainage patterns and ecological processes.


Complies

The development maintains a logical farm layout in consideration of keeping the arable land predominantly in the major parcel and aligning the new boundary with natural features and physical infrastructure.

Lot Areas and Dimensions




P1 Each lot has an area and dimensions such that it:

(i) is suitable for the range of likely uses;

(ii) offers a high level of utility and amenity for its subsequent use and the use of adjoining allotments by providing ample opportunity for the separation of uses within adjoining lots;

(iii) where in the Higher Density Residential zone, is able to be developed to achieve the desired dwelling unit density levels for the zone; and

(iv) does not prejudice the desired future use of the land such that:

a. suitable access is provided for pedestrians, cyclists, and vehicles; and

b. adequate provision is made for any other area necessary for the conduct of the intended use for the site;

a) takes account of the physical characteristics of the site; and

b) provides efficient servicing of the lot.

c) Where on site effluent disposal is proposed, the allotment size and dimensions need to take into consideration the following issues:

(d) the number of existing on site domestic water treatment plant systems in the locality;

(e) the cumulative effect of the proposed and existing systems in the locality on water quality objectives for waters in the locality;

(f) the size of the lots and the soil types, land slopes, hydrology and hydrogeology in the locality;

(g) the proximity of systems to surface water and ground waters in the locality

(h) the rainfall and other climatic conditions of the locality;

(i) the existing quality of waters in the locality and the water quality objectives for the waters;

(j) any relevant ground water protection plan.


Lot 2 is of suitable area for continued cane cultivation.

Lot 4 is suitable for potential use of a dwelling and / or continued small lot cultivation / animal husbandry.

P2 Each lot is consistent with the minimum area and dimensions as set out in Table 9-18.1 Minimum Area & Dimensions.

Table 9-18.1 Minimum Area & Dimensions

S2

Refer to P3 response below for compliance.

Zones Area Frontage

Rural 100ha




Rural Res 1ha 60m “Note: Proposals involving lots with an area less than the minimum area set out in the acceptable solution must provide lot layout plans for each of with an area less than the minimum. The lot layout plans must demonstrate that the relevant vehicle size (refer to Schedule 2, Table 12-2) can enter and leave each lot in forward motion after performing no more than a three point turn.

Industry (LI) Refer to acceptable probable solution S2

Industry (HI) Refer to acceptable probable solution S2

City Centre No minimum area or dimension specified

Commercial No minimum area or dimension specified

Public Purposes No minimum area or dimension specified

Sport & Recreation No minimum area or dimension specified

Open Space No minimum area or dimension specified

Special Activities No minimum area or dimension specified

Zones Area Frontage

Urban Residential Min 300m2 10m

Higher Density Res

800m2 20m

Village 1000m2 20m

P3 In the Rural Zone, new lots are not created unless:

(1) the result of the reconfiguration is that new lots and the balance lot are above the minimum area stated for the Rural Zone; or

(2) the result of the reconfiguration is that an equal or lesser number of lots is created and the utility and accessibility of all subject lots is an improvement on the original situation in relation to enhancing or supporting the rural use of the lots.


In compliance with P3(2):

An equal number of lots is proposed

The utility and accessibility of the lots is improved by aligning the lots to natural and infrastructure features, reducing conflict with cane infrastructure and maintaining the productive cane land predominantly within the major lot.

P4 Irregular shaped lots are designed to have:

(i) a frontage to depth ratio of no more than 1:3;

(ii) for land in the Urban Residential Zone:

a. a minimum frontage of 10m to any cul-de-sac road or along any curved road alignment; and

b. an area within the lot with the minimum dimensions of 15 by 15m; and

(i) for land in the Higher Density Residential Zone, a minimum width of 20m at a point 6 m in the lot parallel to the longest road frontage.





P5 Battleaxe lots do not occur in any proposal for reconfiguring a lot that creates more than 1 additional lot. Battleaxe lots are provided only where:

(i) there is no increase in the density that is applicable to the zone that the subject land is included in;

(ii) the lot handle is not less than 5m in width;

(iii) both sides of the lot handle are landscaped for the full length of the handle;

(iv) the maximum length of the lot handle is not greater than the minimum depth specified in Table 9-18.1 Minimum Area and Dimensions;

(v) the area of the lot handle is not included in the calculation of the area of the lot for minimum area purposes; and

(vi) for land in the Urban Residential Zone, two adjacent lots have a combined frontage of 50% of the minimum road frontage for a single lot, and a common access drive is provided between the kerb and the head of the access handle.


Small Lots in the Urban Residential Zone

P1 Lots having areas less than 450m2

or an average width less than 18 m enable the design and siting of buildings such that they do not detract from the amenity or character of the area.

S1 Development proposals where lots with areas with 450m² or less are proposed are accompanied by a Plan of Development showing at least the following:

1. North point.

2. Access to lots.

3. Footprint of buildings on subject lots.

4. Footprints of buildings on adjoining lots.

5. Building setbacks.

6. Existing and proposed services.

S2 Lots having areas less than 350 m² form part of an integrated residential development of at least 4 lots, except where:

(i) the lot is located in a

Not Applicable




Residential Character Area; and

i. there is an existing dwelling of character located on the existing residential lot;

in which case, such a lot, less than 350m

2 will be considered, if the

existing dwelling of character is retained.

Road Layout and Design

Not Applicable – No new roads are proposed.

Open Space Requirements

P1 In residential, commercial and industrial areas, public open space is provided as part of development involving reconfiguration of a lot:

(i) as part of a linked open space system for safe pedestrian and cycling paths linking centres;

(ii) in a location, size and shape to satisfy the local, district or regional recreational needs of the community; and

(iii) to have a multi-functional role such as for stormwater management or fauna habitat.

Note: Guidelines for complying with Council information requirements is detailed in the Open Space Planning Scheme Policy.

S1 The provision and design of open space complies with the requirements of the Open Space Planning Scheme Policy and the Parks Contributions Planning Scheme Policy.

Not Applicable

No open space is proposed.

Community Title

P1 Community Title Development for a specific use is provided at the same density for that use in the relevant zone and locality codes in which the site is located and the overall and specific outcomes for the relevant zone and locality codes apply.


Infill Development

P1 Infill development addresses the social outcomes of IPA.

S1 Infill development achieves sustainable development outcomes, and occurs where amenity is addressed and achieves integrated networks of pleasant and safe public areas and cultural, recreational or social interaction are provided within well-serviced communities.

Not Applicable



GOOD QUALITY AGRICULTURAL LAND OVERLAY MANAGEMENT CODE



P1 Where the development is on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL and involves the establishment of resident uses or any uses having a residential component

Error! Bookmark not defined.:

1. the amenity of residential uses are protected; and

2. the operations of nearby agricultural land is not constrained by the development.

S1 The residential activity areas on the site are separated from the nearby agricultural land as follows:

1. where in proximity to canelands or other horticultural activity:

a minimum 40m, where the distance incorporates vegetation; or

a minimum 300m where the distance is to be left as open ground; and

2. where in proximity to any intensive animal husbandry, a minimum 500m.

Not Applicable

The proposal is for the realignment of boundaries and opening and closing of roads.

P2 Where it is proposed to establish a residential use or any use having a residential component within those buffer distances shown in S1 above, then the premises incorporates mitigation measures to ensure that:

1. the amenity of residential uses are protected; and

2. the operations of nearby agricultural land is not constrained by the development.


Refer above.

P3 Development on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL does not result in land taken out of agricultural use unless:

1. an overriding community need for the development is demonstrated; and

2. no alternative sites are available.


The proposed boundary realignment does not take land out of agricultural use.

P4 Reconfiguring a lot on good quality agricultural land occurs only where new lots do not adversely affect the potential to sustain agriculture or the continued use of the land as an agricultural resource

8 by:

1. not limiting the range of crops able to be grown on any of the lots created; or

2. creating new lots only where they can be amalgamated or used


The proposed new boundary does not affect the existing arrangement of cane rows on the subject land by following the tramline alignment and therefore does not impact on the range of crops able to be grown on the site.

8 Note: Refer to State Planning Guidelines “The Identification of Good Quality Agriculture Land”.




economically in conjunction with other agricultural land. The proposal does not create any additional lots.

P5 Where the reconfiguring of a lot is for residential purposes on land adjacent to good quality agricultural land, the lot size and layout accommodates a buffer area such that:

1. the potential to sustain agriculture on the adjoining land is maintained; and

2. future residential amenity on the new lot is protected.

S5 All residential lots abutting good quality agricultural land have the following minimum dimensions:

1. where immediately abutting canelands or other horticultural activity;

2. a minimum depth of 60m where a vegetated buffer to a depth of 40m is incorporated into the lot; or

3. a minimum depth of 320m where the buffer is on open ground; and

4. where immediately abutting any intensive animal husbandry a minimum depth of 550m where a vegetated buffer to a depth of 40m is incorporated into the lot.

Not Applicable

The reconfiguring is not for residential purposes.

P6 Where reconfiguring a lot in the Rural zone involves boundary realignments and the primary use of the lot is residential:

1. the lot does not include good quality agricultural land; and

2. buffers to GQAL and associated rail infrastructure (i.e. tram lines) are included in the lot.


The primary use of the land is agricultural.

P7 Where the lots are identified for sugar cane production the lots are shaped to facilitate production.


The proposed boundary aligns with existing cane rows.

P8 Where development likely to result in the establishment of new activities / uses is proposed within 300 m of land identified on the Good Quality Agricultural Land Overlay Map as GQAL and is used for agriculture, a buffer to the GQAL is included on the subject site.

Note: The buffer does not contain GQAL.


Each proposed lot will be capable of sustaining a Dwelling House, including the on-site provision of buffers and setbacks.


Error! Reference source not found. Cardno HRP 49


APPENDIX

B PLAN OF DEVELOPMENT

20 30 40metres0 10

1:1,000N

AMENDED >

FILENAME >

JOB NO. >

SCALE >

SCENARIO 1

12SC006

1:1,000

DATE >

VERSION >

27 APRIL 2012

N/A

1.0

FIGURE 1

SUBJECT SITE

LEGEND

LOT NUMBER / JOB NAMEJOB ADDRESS

Figure Name

FIGU

RE1

HRP 15105 POD1HRP15105 NA

MAY 2015

AS INDICATED 1.2

ROL – 2 LOTS INTO 2 LOTS & ROAD OPENING / CLOSURE195 RUTLANDS ROAD, KUTTABUL LOT 2 RP740432 & Lot 4 RP704391

SUBDIVISION LAYOUT PLAN

300m




APPENDIX

C OWNERS CONSENT




APPENDIX

D TITLE SEARCH AND EASEMENT DOCUMENTS




APPENDIX

E REGISTERED SURVEY PLAN AND SMART MAP

2RP741504

FH

36.61ha1

RP735680FH

11.47ha

1

RP741504

FH

2.219ha

2RP900267

FH

20.35ha

2RP868862

FH

8.854ha

3

RP857519

1

RP900267

FH

3.043ha

A

RP722362

5

SP

132393

82SP104468

RE

10.5ha

90SP104468

LL

31ha

A

SP104469

11SP238582

FH

51.0742ha

12SP238582

FH

74.3443ha

2SP186538

FH

182.4101ha

150NPW854

NP

1890ha

3RP738029

FH

116.293ha

4RP740455

FH

17.97ha

3

RP

740455 FH

27.276ha

3RP740455

FH

27.276ha

1

RP735672

FH

4.391ha

2

RP738029

FH

3.653ha

2RP740455

FH

11.23ha

1

RP740455

FH

4.159ha

4

RP704391

1RP740432

FH

15.85ha

2RP740432

FH

50.79ha

8

RP731586

5

RP

704391

9

RP746935

FH

2.037ha

A

RP722361

EA

4.677ha

B

RP722362

EA

5.42ha

1

RL

7576

A

RP

744327

80CI4541

RE

28.8ha

117CI2792

FH

26.597ha

5CI4541

LL

11ha

080CI4541

LL

28.8ha

A

CP

868864

78

SP210155

FH

20.96ha

20

RP735675

FH

3.112ha

2RP706437

FH

80.682ha

42

USL37622

5.16ha

44

USL37622

SL

2.74ha

ROAD

ROAD

H

FORT

SEAI-

ARP

AA

KY

DOA

RSD

AN

RUTL

RUTLANDS ROA

D

RUTLA NDS ROAD

KE

ERCTNTASNOC

DCDB

Lot/Plan 2/RP740432

Area/Volume 50.79ha

Tenure FREEHOLD

Local Government MACKAY REGIONAL

Locality KUTTABUL

Parish OSSA

County CARLISLE

Segment/Parcel 61577/29

SUBJECT PARCEL DESCRIPTION

SCALE 1 : 15000HORIZONTAL DATUM:GDA94 ZONE:55

m

300 600 900 1200 15000

8655-11124

STANDARD MAP NUMBER

148°58'46".971

21°02'25".442

THE LEAP

5.19 KM

MAP WINDOW POSITION &NEAREST LOCATION

PRINTED (dd/mm/yyyy) 11/05/2015

DCDB 08/05/2015 (Lots with an area less than 1500m² are not shown)

Users of the information recorded in this document (the Information) accept all responsibility andrisk associated with the use of the Information and should seek independent professional advice inrelation to dealings with property.

Despite Department of Natural Resources and Mines(DNRM)'s best efforts, DNRM makesno representations or warranties in relation to the Information, and, to the extent permitted by law,exclude or limit all warranties relating to correctness, accuracy, reliability, completeness orcurrency and all liability for any direct, indirect and consequential costs, losses, damages andexpenses incurred in any way (including but not limited to that arising from negligence) inconnection with any use of or reliance on the Information

For further information on SmartMap products visit http://nrw.qld.gov.au/property/mapping/blinmap

CLIENT SERVICE STANDARDS

SmartMapAn External Product of

SmartMap Information Services

Based upon an extraction from the

Digital Cadastral Data Base

(c) The State of Queensland,(Department of NaturalResources and Mines) 2015.

7 05 000m E

05

06

06

1

76 71 000 m N71

2

7272

3

7373

GDA

21°03'05".461

148°58'10".850 148°59'23".092

21°03'05".461

21°01'45".423

148°59'23".092

21°01'45".423

148°58'10".850




APPENDIX

F SEARCHES: CLR AND EMR

Department of Environment and Heritage Protection (EHP)ABN 46 640 294 485

400 George St Brisbane, Queensland 4000GPO Box 2454 Brisbane QLD 4001 AUSTRALIA

www.ehp.qld.gov.au

SEARCH RESPONSEENVIRONMENTAL MANAGEMENT REGISTER (EMR)

CONTAMINATED LAND REGISTER (CLR)

Transaction ID: 50175467 EMR Site Id: 11 May 2015This response relates to a search request received for the site:

Lot: 4 Plan: RP704391

EMR RESULT

The above site is NOT included on the Environmental Management Register.

CLR RESULT

The above site is NOT included on the Contaminated Land Register.

ADDITIONAL ADVICE

If you have any queries in relation to this search please phone 13QGOV (13 74 68)

RegistrarAdministering Authority

Page 1 of 1

Department of Environment and Heritage Protection (EHP)ABN 46 640 294 485

400 George St Brisbane, Queensland 4000GPO Box 2454 Brisbane QLD 4001 AUSTRALIA

www.ehp.qld.gov.au

SEARCH RESPONSEENVIRONMENTAL MANAGEMENT REGISTER (EMR)

CONTAMINATED LAND REGISTER (CLR)

Transaction ID: 50175464 EMR Site Id: 11 May 2015This response relates to a search request received for the site:

Lot: 2 Plan: RP740432

EMR RESULT

The above site is NOT included on the Environmental Management Register.

CLR RESULT

The above site is NOT included on the Contaminated Land Register.

ADDITIONAL ADVICE

If you have any queries in relation to this search please phone 13QGOV (13 74 68)

RegistrarAdministering Authority

Page 1 of 1




APPENDIX

G STATE GOVERNMENT MAPPING SEARCHES

17/03/2015 14:09:01Lot: '2' Plan: 'RP740432'

Page 1

17/03/2015 14:09:02Lot: '2' Plan: 'RP740432'

Page 2

17/03/2015 14:09:03Lot: '2' Plan: 'RP740432'

Page 3

Vegetation Management Act 1999 - Extract from the essential habitat database

Essential habitat is required for assessment under the:

• State Development Assessment Provisions - Module 8: Native vegetation clearing which sets out the matters of interest to the state for development assessment under the Sustainable PlanningAct 2009; and

• Self-assessable vegetation clearing codes made under the Vegetation Management Act 1999

Essential habitat for one or more of the following species is found on and within 1.1 km of the identified subject lot/s or on and within 2.2 km of an identified coordinate on the accompanying essential habitatmap.

This report identifies essential habitat in Category A, B and Category C areas.

The numeric labels on the essential habitat map can be cross referenced with the database below to determine which essential habitat factors might exist for a particular species.

Essential habitat is compiled from a combination of species habitat models and buffered species records.

The Department of Natural Resources and Mines website (http://www.dnrm.qld.gov.au) has more information on how the layer is applied under the State Development Assessment Provisions - Module 8:Native vegetation clearing and the Vegetation Management Act 1999.

Regional ecosystem is a mandatory essential habitat factor, unless otherwise stated.

Essential habitat, for protected wildlife, means a category A area, a category B area or category C area shown on the regulated vegetation management map-

1) (a) that has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitatdatabase; or

2) (b) in which the protected wildlife, at any stage of its life cycle, is located.

Essential habitat identifies endangered or vulnerable native wildlife prescribed under the Nature Conservation Act 1994.

Essential habitat in Category A and B (Remnant vegetation species record) areas:1100m Species Information

(no results)

Essential habitat in Category A and B (Remnant vegetation species record) areas:1100m Regional Ecosystems Information

(no results)

Essential habitat in Category A and B (Remnant vegetation) areas:1100m Species Information

(no results)

Essential habitat in Category A and B (Remnant vegetation) areas:1100m Regional Ecosystems Information

(no results)

Essential habitat in Category C (High value regrowth vegetation) areas:1100m Species Information

(no results)

Essential habitat in Category C (High value regrowth vegetation) areas:1100m Regional Ecosystems Information

(no results)

http://www.dnrm.qld.gov.au




APPENDIX

H PRE-LODGEMENT REFERRAL RESPONSE




APPENDIX

I IDAS FORMS

IDAS form 1—Application details (Sustainable Planning Act 2009 version 4.1 effective 4 July 2014)

This form must be used for ALL development applications.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

complete this form (IDAS form 1—Application details)

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application.

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form and any other IDAS form relevant to your application must be used for development applications relating to strategic port land and Brisbane core port land under the Transport Infrastructure Act 1994 and airport land under the Airport Assets (Restructuring and Disposal) Act 2008. Whenever a planning scheme is mentioned, take it to mean land use plan for the strategic port land, Brisbane core port land or airport land.

PLEASE NOTE: This form is not required to accompany requests for compliance assessment.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

Mandatory requirements

Applicant details (Note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.)

Name/s (individual or company name in full) M & M Sheehan

For companies, contact name

Postal address C/ Cardno HRP

PO Box 759

Suburb MACKAY

State QLD Postcode 4740

Country AUSTRALIA

Contact phone number 07 4957 5880

Mobile number (non-mandatory requirement)

Fax number (non-mandatory requirement)

http://www.dsdip.qld.gov.au/MyDAS

IDAS form 1—Application details Version 4.1—4 July 2014

Email address (non-mandatory requirement) [email protected]

@

Applicant’s reference number (non-mandatory requirement)

HRP15105

1. What is the nature of the development proposed and what type of approval is being sought?

Table A—Aspect 1 of the application (If there are additional aspects to the application please list in Table B—Aspect 2.)

a) What is the nature of the development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)

Preliminary approval

under s241 of SPA


under s241 and s242 of SPA

Development permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

Boundary realignment (2 lots into 2 lots) in association with an application for the simultaneous opening and closure of road

d) What is the level of assessment? (Please only tick one box.)

Impact assessment

Code assessment

Table B—Aspect 2 of the application (If there are additional aspects to the application please list in Table C—Additional aspects of the application.)

a) What is the nature of development? (Please only tick one box.)

Material change of use

Reconfiguring a lot Building work Operational work

b) What is the approval type? (Please only tick one box.)


under s241 of SPA


under s241 and s242 of SPA

Development

permit

c) Provide a brief description of the proposal, including use definition and number of buildings or structures where applicable (e.g. six unit apartment building defined as a multi-unit dwelling, 30 lot residential subdivision etc.)

d) What is the level of assessment?

Impact assessment

Code assessment

Table C—Additional aspects of the application (If there are additional aspects to the application please list in a separate table on an extra page and attach to this form.)

Refer attached schedule

Not required



2. Location of the premises (Complete Table D and/or Table E as applicable. Identify each lot in a separate row.)

Table D—Street address and lot on plan for the premises or street address and lot on plan for the land adjoining or adjacent to the premises (Note: this table is to be used for applications involving taking or interfering with water). (Attach a separate schedule if there is insufficient space in this table.)

Street address and lot on plan (All lots must be listed.)

Street address and lot on plan for the land adjoining or adjacent to the premises (Appropriate for development in water but adjoining or adjacent to land, e.g. jetty, pontoon. All lots must be listed.)

Street address Lot on plan description

Local government area (e.g. Logan, Cairns)

Lot Unit no.

Street no.

Street name and official suburb/ locality name

Post-code

Lot no. Plan type and plan no.

i) 195 Rutlands Road, Kuttabul 4741 2 RP740432 Mackay

ii) - Rutlands Road, Kuttabul 4741 4 RP704391 Mackay

iii)

Planning scheme details (If the premises involves multiple zones, clearly identify the relevant zone/s for each lot in a separate row in the below table. Non-mandatory)

Lot Applicable zone / precinct Applicable local plan / precinct Applicable overlay/s

i) Rural Hinterland Locality / O’Connell River and Northern Streams

Bushfire, GQAL, landscape character, steep land

ii) Rural Hinterland Locality / O’Connell River and Northern Streams

Bushfire, GQAL

iii)

Table E—Premises coordinates (Appropriate for development in remote areas, over part of a lot or in water not adjoining or adjacent to land e.g. channel dredging in Moreton Bay.) (Attach a separate schedule if there is insufficient space in this table.)

Coordinates (Note: place each set of coordinates in a separate row)

Zone reference

Datum Local government area (if applicable)

Easting Northing Latitude Longitude

GDA94

WGS84

other

3. Total area of the premises on which the development is proposed (indicate square metres)

507,900sqm

4. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm etc.)

Cane, vacant rural, cane infrastructure (cane tramway)


5. Are there any current approvals (e.g. a preliminary approval) associated with this application? (Non-mandatory requirement)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Is owner’s consent required for this application? (Refer to notes at the end of this form for more information.)

No

Yes—complete either Table F, Table G or Table H as applicable

Table F

Name of owner/s of the land

I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table G

Name of owner/s of the land Michael James Sheehan & Margery Mary Sheehan

The owner’s written consent is attached or will be provided separately to the assessment manager.

Table H

Name of owner/s of the land

By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

7. Identify if any of the following apply to the premises (Tick applicable box/es.)

Adjacent to a water body, watercourse or aquifer (e.g. creek, river, lake, canal)—complete Table I

On strategic port land under the Transport Infrastructure Act 1994—complete Table J

In a tidal water area—complete Table K

On Brisbane core port land under the Transport Infrastructure Act 1994 (No table requires completion.)

On airport land under the Airport Assets (Restructuring and Disposal) Act 2008 (no table requires completion)

Listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 (no table requires completion)

Table I

Name of water body, watercourse or aquifer


Table J

Lot on plan description for strategic port land Port authority for the lot

Table K

Name of local government for the tidal area (if applicable) Port authority for the tidal area (if applicable)

8. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water etc)

No Yes—ensure the type, location and dimension of each easement is included in the plans submitted

9. Does the proposal include new building work or operational work on the premises? (Including any services)

No Yes—ensure the nature, location and dimension of proposed works are included in plans submitted

10. Is the payment of a portable long service leave levy applicable to this application? (Refer to notes at the end of this form for more information.)

No—go to question 12 Yes

11. Has the portable long service leave levy been paid? (Refer to notes at the end of this form for more information.)

No

Yes—complete Table L and submit with this application the yellow local government/private certifier’s copy of the receipted QLeave form

Table L

Amount paid Date paid

(dd/mm/yy)

QLeave project number (6 digit number starting with A, B, E, L or P)

12. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes—please provide details below

Name of local government Date of written notice given by local government (dd/mm/yy)

Reference number of written notice given by local government (if applicable)


13. List below all of the forms and supporting information that accompany this application (Include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application. Note: this question does not apply for applications made online using MyDAS)

Description of attachment or title of attachment Method of lodgement to assessment manager

Town Planning Report Electronic

IDAS Forms 1 & 7 Electronic

14. Applicant’s declaration

By making this application, I declare that all information in this application is true and correct (Note: it is unlawful to

provide false or misleading information)

Notes for completing this form

Section 261 of the Sustainable Planning Act 2009 prescribes when an application is a properly-made application. Note, the assessment manager has discretion to accept an application as properly made despite any non-compliance with the requirement to provide mandatory supporting information under section 260(1)(c) of the Sustainable Planning Act 2009

Applicant details

Where the applicant is not a natural person, ensure the applicant entity is a real legal entity. Question 1

Schedule 3 of the Sustainable Planning Regulation 2009 identifies assessable development and the type of assessment. Where schedule 3 identifies assessable development as “various aspects of development” the applicant must identify each aspect of the development on Tables A, B and C respectively and as required.

Question 6

Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner’s consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. If a development application relates to a state resource, the application is not required to be supported by evidence of an allocation or entitlement to a state resource. However, where the state is the owner of the subject land, the written consent of the state, as landowner, may be required. Allocation or entitlement to the state resource is a separate process and will need to be obtained before development commences.

Question 7

If the premises is listed on either the Contaminated Land Register (CLR) or the Environmental Management Register (EMR) under the Environmental Protection Act 1994 it may be necessary to seek compliance assessment. Schedule 18 of the Sustainable Planning Regulation 2009 identifies where compliance assessment is required.

Question 11

The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable.

The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002.


Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

Question 12

The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued.

Building and construction industry notification and payment forms are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov.au. For further information contact QLeave on 1800 803 481 or visit www.qleave.qld.gov.au.

Privacy—The information collected in this form will be used by the Department of State Development, Infrastructure and Planning (DSDIP), assessment manager, referral agency and/or building certifier in accordance with the processing and assessment of your application. Your personal details should not be disclosed for a purpose outside of the IDAS process or the provisions about public access to planning and development information in the Sustainable Planning Act 2009, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in relevant databases. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY

Date received Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To Council. I have been engaged as the private certifier for the building work referred to in this application

Date of engagement Name BSA Certification license number

Building classification/s

QLEAVE NOTIFICATION AND PAYMENT (For completion by assessment manager or private certifier if applicable.)

Description of the work QLeave project number

Amount paid ($)

Date paid

Date receipted form sighted by assessment manager

Name of officer who sighted the form

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.


http://www.qleave.qld.gov.au/

http://www.qleave.qld.gov.au/

IDAS form 7—Reconfiguring a lot (Sustainable Planning Act 2009 version 3.1 effective 1 October 2014)

This form must be used for development applications or requests for compliance assessment for reconfiguring a lot.

You MUST complete ALL questions that are stated to be a mandatory requirement unless otherwise identified on this form.

For all development applications, you must:

complete IDAS form 1—Application details

complete any other forms relevant to your application

provide any mandatory supporting information identified on the forms as being required to accompany your application.

For requests for compliance assessment, you must:

complete IDAS form 32—Compliance assessment

Provide any mandatory supporting information identified on the forms as being required to accompany your request

Attach extra pages if there is insufficient space on this form.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 (SPA) or the Sustainable Planning Regulation 2009.

This form can also be completed online using MyDAS at www.dsdip.qld.gov.au/MyDAS

Mandatory requirements

1. What is the total number of existing lots making up the premises? 2

2. What is the nature of the lot reconfiguration? (Tick all applicable boxes.)

subdivision—complete questions 3–6 and 11

boundary realignment—complete questions 8, 9 and 11

creating an easement giving access to a lot from a constructed road—complete questions 10 and 11

dividing land into parts by agreement—please provide details below and complete questions 7 and 11

3. Within the subdivision, what is the number of additional lots being created and their intended final use?

Intended final use of new lots Residential Commercial Industrial Other—specify

Number of additional lots created

4. What type of approval is being sought for the subdivision?

Development permit


Compliance permit

http://www.dsdip.qld.gov.au/MyDAS

IDAS form 7—Reconfiguring a lot Version 3.1—1 October 2014

5. Are there any current approvals associated with this subdivision application or request? (E.g. material change of use.)

No Yes—provide details below

List of approval reference/s Date approved (dd/mm/yy) Date approval lapses (dd/mm/yy)

6. Does the proposal involve multiple stages?

No—complete Table A Yes—complete Table B

Table A

a) What is the total length of any new road to be constructed? (metres)

b) What is the total area of land to be contributed for community purposes? (square metres)

c) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

d) Does the proposal involve operational work for the building of a retaining wall?

No Yes

Table B—complete a new Table B for every stage if the application involves more than one stage

a) What is the proposed estate name? (if known and if applicable)

b) What stage in the development does this table refer to?

c) If a development permit is being sought for this stage, will the development permit result in additional residential lots?

No Yes—specify the total number

d) What is the total area of land for this stage? (square metres)

e) What is the total length of any new road to be constructed at this stage? (metres)

f) What is the total area of land to be contributed for community purposes at this stage? (square metres)

g) Does the proposal involve the construction of a canal or artificial waterway?

No Yes

h) Does the proposal involve operational work for the building of a retaining wall?

No Yes

7. Lease/agreement details—how many parts are being created and what is their intended final use?

Intended final use of new parts Residential Commercial Industrial Other—specify

Number of additional parts created


8. What are the current and proposed dimensions following the boundary realignment for each lot forming the premises?

Current lot Proposed lot

Lot plan description Area (sqm) Length of road frontage Lot number Area (sqm) Length of road frontage

Lot 2 RP740432 507,900 456m Lot 2 501,000 400m

Lot 4 RP704391 15,760 410m Lot 4 22,000 140m

9. What is the reason for the boundary realignment?

To align the boundary with natural features and cane infrastructure and to incorporate proposed road openings and closures on the new lots.

10. What are the dimensions and nature of the proposed easement? (If there are more than two easements proposed please list in a separate table on an extra page and attach to this form.)

Width (m) Length (m) Purpose of the easement (e.g. pedestrian access)?

What land is benefitted by the easement?

Mandatory supporting information

11. Confirm that the following mandatory supporting information accompanies this application or request

Mandatory supporting information Confirmation of lodgement

Method of lodgement

All applications and requests for reconfiguring a lot

Site plans drawn to an appropriate scale (1:100, 1:200 or 1:500 are the recommended scales) which show the following:

the location and site area of the land to which the application or request relates (relevant land)

the north point

the boundaries of the relevant land

any road frontages of the relevant land, including the name of the road

the contours and natural ground levels of the relevant land

the location of any existing buildings or structures on the relevant land

the allotment layout showing existing lots, any proposed lots (including the dimensions of those lots), existing or proposed road reserves, building envelopes and existing or proposed open space (note: numbering is required for all lots)

any drainage features over the relevant land, including any watercourse, creek, dam, waterhole or spring and any land subject to a flood with an annual exceedance probability of 1%

any existing or proposed easements on the relevant land and their function

all existing and proposed roads and access points on the relevant land

any existing or proposed car parking areas on the relevant land

the location of any proposed retaining walls on the relevant land and their height

the location of any stormwater detention on the relevant land

the location and dimension of any land dedicated for community purposes

the final intended use of any new lots.

Confirmed Electronic


Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected] www.dsdip.qld.gov.au

For a development application – A statement about how the proposed development addresses the local government’s planning scheme and any other planning documents relevant to the application.

For a request for compliance assessment – A statement about how the proposed development addresses the matters or things against which the request must be assessed.

Confirmed Electronic

A statement addressing the relevant part(s) of the State Development Assessment Provisions (SDAP).

Confirmed

Not applicable

Notes for completing this form

For supporting information requirements for requests for compliance assessment, please refer to the relevant matters for which compliance assessment will be carried out against. To avoid an action notice, it is recommended that you provide as much of the mandatory information listed in this form as possible.

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

OFFICE USE ONLY

Date received Reference numbers

The Sustainable Planning Act 2009 is administered by the Department of State Development, Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agency.

Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) [email protected]

www.dsdip.qld.gov.au



www.cardno.com

Attachment B

YOUR REF: HRP15105 OUR REF: DA-2015-124

21 August 2015 Margery M Sheehan and Michael J Sheehan C/- Cardno Hrp PO Box 759 MACKAY QLD 4740 Dear Sir/Madam ACKNOWLEDGEMENT NOTICE - MACKAY CITY PLANNING SCHEME Proposal: Reconfiguration of a Lot - 2 Rural Lots in 2 Lots Application No. DA-2015-124 Address: L 2 and, L 4 Rutlands Road, KUTTABUL QLD 4741 Property Description: Lot 2 on RP740432 and Lot 4 on RP704391

I acknowledge receipt of the above properly made application on 14 August 2015 and confirm the following details: 1. Details of the application

The application seeks development approval for Reconfiguration of a Lot – Development Permit

2. Planning Scheme

The application has been lodged under the Mackay City Planning Scheme including amendments up to 24 February 2014. The development applied for is Code Assessable. Consequently, the application is not required to be publicly notified under the provisions of s297 of the Sustainable Planning Act 2009.

3. Applicable Codes

The Applicable Codes contained in the Mackay City Planning Scheme that may be applicable to the proposed development are listed below: Mackay Hinterland Locality Code Environment and Infrastructure Code Reconfiguration of a Lot Code Bushfire Management Overlay Code Development on Steep Land Overlay Code Good Quality Agricultural Land Overlay Code

This is a Mackay Regional Council Digitally Signed Document

Landscape Character Overlay Code Any applicable Mackay City Planning Scheme Policies Any applicable State Government Planning Policies

4. Referral Agencies Based on the information provided in the application, referral is required to

the following referral agencies

Advice Agencies

Powerlink Queensland Trigger: 7.2.21

PO Box 1193 VIRGINIA QLD 4014

This list is provided for your information only. It is the applicant’s responsibility to identify any referral agencies for the application and give each referral agency a copy of: The application (including the application forms and supporting material)

This acknowledgement notice, and

Any required application fee

The above material must be given to all referral agencies within: 20 business days after the applicant receives this acknowledgement

notice, or

the further period agreed between the assessment manager and the applicant.

In addition the applicant must give the Assessment Manager written notice of the day the application was referred. If you do not give the material mentioned above to all referral agencies within these timeframes, the application will lapse (see section 273 Sustainable Planning Act 2009).

5. Information Request

A further information request may be made by the Assessment Manager.

You are advised that the truth and accuracy of the information provided in the application form and accompanying information is relied on when assessing and deciding this application. If you find an inaccuracy in any of the information provided above or have a query or seek clarification about any of these details, please email the Assessing Officer Helle Jorgensen Smith at [email protected] for enquiries regarding your application. Yours faithfully, Leah Harris Principal Planner

This is a Mackay Regional Council Digitally Signed Document

smart eda - mackay council · smart eda id: 1431585814248 , your reference id: da-2015-124 history...

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