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YOUR REF: CC-2219 OUR REF: DA-2013-122 10 September 2013 TTPH Pty Ltd C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD 4670 Dear Sir/Madam DECISION NOTICE Applicant: TTPH Pty Ltd Proposal: General Industry (Storage of Various Industrial Machinery, Parts and Equipment) Application Number: DA-2013-122 Address: 388 & 428 Milton Street, PAGET QLD 4740 Property Description: Lot 6 & 7 on SP214502 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Matthew Ingram. This is a Mackay Regional Council Digitally Signed Document

C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD … · 2014. 11. 5. · C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD 4670 Dear Sir/Madam ... The approved development

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Page 1: C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD … · 2014. 11. 5. · C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD 4670 Dear Sir/Madam ... The approved development

 

 

YOUR REF: CC-2219 OUR REF: DA-2013-122

10 September 2013 TTPH Pty Ltd C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD 4670 Dear Sir/Madam DECISION NOTICE Applicant: TTPH Pty Ltd Proposal: General Industry (Storage of Various Industrial

Machinery, Parts and Equipment) Application Number: DA-2013-122 Address: 388 & 428 Milton Street, PAGET QLD 4740 Property Description: Lot 6 & 7 on SP214502 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Referral Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Matthew Ingram.

This is a Mackay Regional Council Digitally Signed Document

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Decision Notice

Sustainable Planning Act  

 

Application Number: DA-2013-122

Date of Decision: 9 September 2013

1. APPLICANT/S DETAILS

Name: TTPH Pty Ltd

Postal Address:

C/- Empire Engineering Pty Ltd

PO Box 2052

BUNDABERG QLD 4670

2. PROPERTY DETAILS

Property Address: 388 & 428 Milton Street, PAGET QLD 4740

Property Description: Lot 6 & 7 on SP214502

3. OWNER’S DETAILS

TTPH Pty Ltd

4. PROPOSAL

General Industry (Storage of Various Industrial Machinery, Parts and Equipment)

5. DECISION TYPE

DEVELOPMENT DECISION Material Change of Use Development Permit

Approved in Full Subject to Conditions

This is a Mackay Regional Council Digitally Signed Document

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Decision Notice

Sustainable Planning Act  

 

6. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

7. IDAS REFERRAL AGENCIES  Concurrence Agencies Department of Transport

and Main Roads PO Box 62 MACKAY QLD 4740

8. SUBMISSIONS There were no properly made submissions received on this application.

9. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Operational Works Assessment - Development Permit - Public Infrastructure Stormwater Water Invert Crossings Landscaping Operational Works Construction - Compliance Certificate - Public Infrastructure Stormwater Water Invert Crossings Landscaping

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

14. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your appeal rights and the

appeal rights of any submitters regarding this decision.

This is a Mackay Regional Council Digitally Signed Document

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Decision Notice

Sustainable Planning Act  

 

15. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date

This is a Mackay Regional Council Digitally Signed Document

leahs
Typewritten Text
11 September 2013
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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 1 of 8 

1. Plan of Development

The approved General Industry (Storage of Various Industrial Machinery, Parts and Equipment) must be completed and maintained generally in accordance with the plan of development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing No. Rev. Title Prepared by Date

SMP02 B Site Layout Plan Empire Engineering 29/07/13 2. Amended Plans Required

Prior to the lodgement of the Operational Works application, the approved plans of development must be amended to comply with the following matters: a) Both of the existing access points into Lot 7 on SP214502 must be shown;

b) The access point/s to be upgraded/kept and removed in accordance with

condition 9(b) must also be delineated;

c) All additional drainage easement/s must be shown in accordance with condition 11;

d) A five (5) metre wide no build zone along the Boundary Road East frontage of Lot 7 must be provided in accordance with condition 23(b). Note the five (5) metre wide landscape strip along this frontage must be relocated behind this no build zone.

The amended plans must be submitted to and approved by Council.

3. Compliance with Conditions

All conditions must be complied with within six (6) months of the date of this approval, unless specified in an individual condition.

4. Maintenance of Development

The approved development (including car parking, driveways and other external spaces) must be maintained in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

5. Conflict Between Plans and Written Conditions

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

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 2 of 8 

6. Notice of Intention to Commence the Use

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

7. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

8. Compliance with Council Standards

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

9. Access

a) Lot 6 on SP214502:

(i) All access to Lot 6 must be via Farrellys Road and in accordance with the location shown on the approved plan;

(ii) The existing access to Lot 6 via Milton Street must be de-commissioned;

b) Lot 7 on SP214502:

(i) All access to Lot 7 must be via Milton Street;

(ii) A minimum of one (1) access point from Lot 7 onto Milton Street must be provided;

(iii) All redundant existing accesses must be de-commissioned. 10. Invert Crossings

a) Lot 6 on SP214502:

(i) An invert crossing must be constructed in accordance with Council’s Standard Drawing A3-773 and Council's Policy No. 24 for access to Farrellys Road;

(ii) All parts of the existing access to Lot 6 via Farrellys Road outside of the new invert crossing must be de-commissioned and all kerb and channel along Farrellys Road reinstated.

(iii) Signage must be provided internal and external to the site to designate this access as left in left out only

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 3 of 8 

b) Lot 7 on SP214502:

(i) All existing accesses onto Milton Street must be provided with an invert

crossing constructed in accordance with Council’s Standard Drawing A3-25.

(ii) Should one of the existing accesses not wish to be upgraded in accordance with the above, it must be de-commissioned in accordance with condition 9(b)(iii).

11. Stormwater Drainage

a) Stormwater from the site (including roofwater) shall be collected within the property boundaries and discharged via an open channel network to the South Mackay Main Drain;

b) The developer must review the design replacing the existing outlet culvert with 3/900 RCP's. Provide design levels, length of pipe, salt water protection and dimensions accommodating all maintenance tracks and existing surface profile to Section A on drawing SMP06 Rev A. A field inlet pit must be provided to accommodate for the South Mackay Main Drain maintenance track side drain and the rock protection must extend to the low flow invert. Supporting calculations for the proposed 3/900RCP's must be documented and submitted to Council for approval at the time of submission of the Operational Works application;

c) The developer must formalise the existing open channel network within the site which caters for external catchments by way of an easement. All existing flow paths must be formalized, maintained and clear of any obstructions. Design drawings and calculations must be submitted to council for approval with the Operational Works application. The establishment of the easement is the sole responsibility of the developer.

12. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

13. Site Based Stormwater Management Plan (SBSMP) – High Risk

a) Council’s Stormwater Quality Risk Classification has classified this development as ‘High Risk’ as defined Mackay City Council’s Engineering Design Guidelines - Soil Quality Management – Planning Scheme Policy No.15.07;

b) The minimum treatment required is grass seeding and mulching of all open drains within the development;

c) This minimum treatment standard must be maintained within all open drains for the life of the approval.

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 4 of 8 

14. Lawful Point of Discharge Downstream drainage to a lawful and practical point of discharge which has been

nominated as the South Mackay Main Drain must be provided. 15. Direct Pumping from Reticulation System (Break Tanks)

Pumping direct from Council water mains for potable or fire fighting supply is not permitted and if required, break tanks shall be installed in accordance with Council’s Water and Waste Services Department and Fire Authority requirements.

16. Connection to Water Services

a) Both Lot 6 and 7 must be connected to the existing reticulated water service provided to the subject site;

b) The developer must provide a min. 100mm diameter water service to Lot 6 and 7 on SP214502.

17. Water Metering A water meter must be provided to Lot 6 and 7 on SP214502. 18. Live Connections Council’s Water and Waste Services Department is to carry out all water connection

and live sewer work at the developer’s expense. 19. Drainage Easements Drainage easements must be provided in accordance with Council's Engineering

Design Guidelines. 20. Landscape Plan Required

A detailed landscaping plan must be prepared by a qualified Landscape Designer and must be submitted with the Operational Works application. The plan must show for all areas identified on the approved plan of development the following: a) Landscape specification of sufficient detail so that landscape works are to be

carried out;

b) Plant schedule detailing number of plants, species, pot size and height at planting;

c) Details of soil and mulch types, including depths, areas or turf, garden edges and

paving finishes; and

d) The details of the irrigation system.

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 5 of 8 

21. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed before the notice of intention to commence the use is submitted to Council.

22. Maintenance of Landscaping

All of the landscaping on the site must be maintained and kept to a neat, tidy and weed free standard at all times.

23. No Build Zone

a) Milton Street No permanent structures are permitted to be established/constructed/located within the ten (10) metre wide 'no-build zone' along the eastern boundary of Lot 7 on SP214502 fronting Milton Street.

b) Boundary Road East No permanent structures are permitted to be established/constructed/located within the five (5) metre wide 'no-build zone' along the northern boundary of Lot 7 on SP214502 fronting Boundary Road East.

24. Storage Areas All storage areas and all industrial machinery, parts and equipment must be setback from all road frontages (Farrellys Road, Milton Street and Boundary Road) by a minimum distance of ten (10) metres. 25. Expiration of Development Permit The Development Permit for this temporary use expires in 30 months from the date of this approval. 26. Cessation of Use Upon the expiration of the Development Permit, the use on the site must cease and all machinery, parts and equipment must be removed from the site in full by the expiration date, unless a separate Development Permit approving the proposed uses on the site has been issued by Council.

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 6 of 8 

ASSESSMENT MANAGER'S ADVICE

1. Existing Uses Note that until all of the conditions of approval contained within this Decision Notice are complied with in full, the existing uses on site remain unlawful. Therefore, please be advised that if timely progress towards achieving compliance with these conditions of approval is not undertaken, further compliance action on the site may be taken. Note that Council considers six (6) months from the date of this approval as 'timely'. 2. Future Uses Most of Council's minimum requirements for appropriate internal and external works have been kept to a minimum due to the fact that the development approval is being issued for a 'temporary use'. Note that Council considers two (2) years as the maximum amount of time permitted for a 'temporary use' and any uses operating over and above this timeframe can no longer be considered 'temporary'. As a result of this and when combined with the extended period of time the uses on site have been operating absent the requisite development approval, be advised that Council will not consider any future application over the site as 'temporary' and consequently, any future application for a permanent use will likely have all required internal and external works, including but not necessarily limited to, stormwater quality, sewer connection, hardstand sealing full infrastructure charges etc., conditioned accordingly. 3. Acid Sulphate Soils

If the proposed works and development trigger the application and implementation of State Planning Policy 2/02 - Planning and Managing Development in Acid Sulphate Soils, a site Based Acid Sulphate Soil Management Plan must be prepared by a suitably qualified professional and submitted to Council for approval at the time of submission of the Operational Works application.

4. Advertising Sign Approval

No advertising sign and/or advertising device are to be erected without separate Council approval. An application to Council under Subordinate Local Law 1.4 must be made and approved prior to any such sign or device being erected.

5. Environmentally Relevant Activity

It is the responsibility of the applicant or future owner/operator/tenant of any of the tenancies to ensure any Environmentally Relevant Activities to take place on the subject site have the appropriate approvals and associated permits before any such activities commence/are performed on site.

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 7 of 8 

6. Trade Waste

If there is a potential for trade waste to be produced on the subject site, it is the applicant’s or future owner/operator/tenant of any of the tenancies responsibility to ensure that all outlets have a licence to discharge trade waste to Council’s sewer system prior to any such trade waste being discharged.

7. Local Laws

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

8. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

9. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 -General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

10. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

11. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

12. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19(2) of the Workplace Health and Safety Act 2011. Section 19(2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

This is a Mackay Regional Council Digitally Signed Document

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ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-122 Decision Date: 9 September 2013

 

Page 8 of 8 

It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

13. Contaminated Land

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

14. Adopted Infrastructure Charges Notice

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

This is a Mackay Regional Council Digitally Signed Document

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Department of

Transport and Main RoadsEnquiries

Street Address: 388 Milton Street, Mackay QLD 4740

Lesley Gammie

Our ref

Assessment Manager ref.: DA-2013-122

14 May 2013

The Chief Executive OfficerMackay Regional CouncilPO Box 41Mackay QLD 4740

Attention: Matt Ingram

Dear Sir

CONCURRENCE AGENCY RESPONSE – CONDITIONS

Your ref

Local Government Area: Mackay Regional Council

Proposed Development:

Reference is made to the referral agency material for the development application describedabove which was received by the Department of Transport and Main Roads (thedepartment) under section 272 of the Sustainable Planning Act 2009 (SPA) on 30 April2013.

An assessment of the proposed development has been undertaken against land use andtransport coordination under the Transport Planning and Coordination Act 1994. Based onthis jurisdiction, the department provides this concurrence agency response under section285 of the SPA.

The department advises the assessment manager that it requires conditions to attach to anydevelopment approval for the application. The department would also like to provide adviceabout the application to the assessment manager under section 287(6) of the SPA.

Under section 325(1) of the SPA, the assessment manager must therefore attach thisresponse, including the enclosed Department of Transport and Main Roads ConcurrenceAgency Conditions and Statement of Reasons, to any approval for the application.

Material Change of Use – General Industry (Storage of

Various Industrial Parts and Equipment)

Program Delivery and Operations Telephone +61 7 4951 8583Mackay\Whitsunday Region Facsimile +61 7 4951 850046 Gordon St Mackay Queensland 4740 Website www.tmr.qld.gov.auPO Box 62 Mackay Queensland 4740 Email [email protected]

ABN: 29139 407 690

DA-2013-122TMR13-006110

Real Property Description: Lot 6SP214502, 7SP214502

This is a Mackay Regional Council Digitally Signed Document

tracyh
Received (Manual Date)
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The department may change its concurrence agency response in accordance with section290(1)(b) of the SPA.

The department must be provided with a copy of the assessment manager’s decision notice

regarding the application within five (5) business days after the day the decision is made inaccordance with section 334 of the SPA.

A copy of this response has been sent to the applicant for their information.

If you have any questions or wish to seek clarification about any of the details in thisresponse, please contact Lesley Gammie, Town Planner (Corridor Management) on 07 49518583.

Yours sincerely

for Ian HusbandRegional Director

Enc. (Department of Transport and Main Roads Agency Conditions and Statement ofReasons)

C/c McAleese Property Holdings Pty LtdC/- Empire EngineeringPO Box 2052Bundaberg QLD 4670

Page 2 of 2

This is a Mackay Regional Council Digitally Signed Document

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Department of

Transport and Main Roads

C/c McAleese Property Holdings Pty LtdC/- Empire EngineeringPO Box 2052Bundaberg QLD 4670

Attention: Ross Wegner

Please find attached correspondence for your information and action as required. Shouldyou wish to discuss this correspondence, please contact Lesley Gammie, Town Planner(Corridor Management) on 07 4951 8583.

Yours sincerely

for Ian HusbandRegional Director

14 May 2013

Enc. (Department of Transport and Main Roads Agency Conditions and Statement ofReasons)

TMR13-006110

Your ref CC-2219

Page 1 of 1

Our ref

This is a Mackay Regional Council Digitally Signed Document

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Department of Transport and Main RoadsConcurrence Agency Conditions and Statement of Reasons

Street Address:

Local Government Area: Mackay Regional Council

388 Milton Street, Mackay QLD 4740

Proposed Development:

No. Conditions of Development Condition Timing Jurisdiction and Reasons

Real Property Description:

Our ref.:

Material Change of Use – General Industry (Storage of Various Industrial Parts and Equipment)

TMR13-006110

Lot 6SP214502, 7SP214502

1 The development must be carried out generally in accordance withthe following report, except as modified by these concurrenceagency conditions:• Proposed General Industry Precinct, Empire Engineering, Pty Ltd,

CC-2219, April 2013.

Prior to the commencementof use and to be maintainedat all times

The Department of Transport and Main Roads’

assessment of the development application wasundertaken on the basis of the cited plan/s andreport/s which depict how the proposeddevelopment will be carried out.

Material Change of Use – General Industry (Storage of

Various Industrial Parts and Equipment)

for Ian HusbandRegional Director

Assessment Manager ref.:

Page 1 of 3 Page 1 of 3

DA-2013-122

This is a Mackay Regional Council Digitally Signed Document

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Page 2 of 3 Page 2 of 3

14 May 2013

This is a Mackay Regional Council Digitally Signed Document

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Commonwealth legislation such as the Airports Act 1996, Airport Regulations 1997, Airports (Protection of Airspace) Regulations 1996, CivilAviation Act 1988, Civil Aviation Regulations 1988, Civil Aviation Safety Regulations 1998, Defence Act 1903 and Defence (Areas Control)Regulations 1989 regulates development in the vicinity of airports and aviation facilities.

The applicant is responsible for obtaining any necessary approvals, permits and/or licences from the airport, Air Services Australia, the CivilAviation Safety Authority (CASA) and any other relevant authority in respect of the proposed development.

Advice for Aviation

Page 3 of 3 Page 3 of 3

This is a Mackay Regional Council Digitally Signed Document

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INFORMATION ATTACHMENT TO CONCURRENCE AGENCY RESPONSE

Representations on Referral Agency Response

If the applicant intends to make a representation to the Department of Transport and Main

Roads (the department) regarding the attached concurrence agency response, the applicant

needs to do this before the assessment manager decides the application.

The applicant will need to give the assessment manager written notice under section 320(1)

of the Sustainable Planning Act 2009 (SPA) to stop the decision-making period to make a

representation to the department and subsequently contact the department to make the

representation. The decision making period cannot be stopped for more than 3 months.

Planning and Environment Court Appeals

If an appeal is lodged in the Planning and Environment Court in relation to this application,

the appellant must give written notice of the appeal to the department under section 482(1)

of the SPA. This notice should be given to:

Chief Executive Officer

Department of Transport and Main Roads

C/- Planning Law Team

Planning Management Branch

GPO Box 213

Brisbane QLD 4001

This notice should be given within 2 business days if the appeal is started by a submitter, or

otherwise within 10 business days after the appeal is started.

Page 1 of 1

This is a Mackay Regional Council Digitally Signed Document

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EMPE N G I N E E R I N G

REA C N 1 1 2 7 6 1 5 1 0 A B N 2 1 1 1 2 7 6 1 5 1 0

coral coast office9 Princess Street Bundaberg Qld PO Box 2025 Bundaberg Qld 4670

T: 07 4154 4894 F: 07 4154 4274 E: [email protected]

sunshine coast office45 Brisbane Road Mooloolaba Qld PO Box 102 Mooloolaba Qld 4557

T: 07 5477 6437 F: 07 5444 4216 E: [email protected]

SITE LAYOUT PLANWARNINGLEGEND

GENERAL NOTE

This is a Mackay Regional Council Digitally Signed Document

matthewi
Manual DA & Date
matthewi
Amendment Required
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Decision Notice

Sustainable Planning Act  

 

Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

This is a Mackay Regional Council Digitally Signed Document

Page 22: C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD … · 2014. 11. 5. · C/- Empire Engineering Pty Ltd PO Box 2052 BUNDABERG QLD 4670 Dear Sir/Madam ... The approved development

Decision Notice

Sustainable Planning Act  

 

NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2013-122

Date of Approval 9 September 2013

Approved General Industry (Storage of Various Industrial Machinery, Parts and Equipment)

Location 388 & 428 Milton Street, PAGET QLD 4740

Property Description Lot 6 & 7 on SP214502

I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: TTPH Pty Ltd Address: C/- Empire Engineering Pty Ltd, PO Box 2052,

BUNDABERG QLD 4670

_________________________________________ Signature of Applicant Date: ______________

This is a Mackay Regional Council Digitally Signed Document