C/- Whitsunday Design & Drafting 54 Gregory St · C/- Whitsunday Design & Drafting 54 Gregory St MACKAY QLD 4740 ... Proposal: Material Change of Use - Catering Shop ... earthworks

YOUR REF: OUR REF: DA-2011-257

15 November 2011 Spice King Pty Ltd C/- Whitsunday Design & Drafting 54 Gregory St MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE

Applicant: Spice King Pty Ltd Proposal: Material Change of Use - Catering Shop Application Number: DA-2011-257 Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740 Property Description: Lot 7 on BUP106115

Please find enclosed the above Decision Notice with the relevant attachments:

Decision Notice Assessment Manager’s Conditions Concurrence Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use Adopted Infrastructure Charge Notice If you require any further information, please contact Darryl Bibay.

This is a Mackay Regional Council digitally signed document.

Decision Notice Sustainable Planning Act

Application Number: DA-2011-257

Date of Decision: 9th November 2011

1. APPLICANT/S DETAILS

Name: Spice King Pty Ltd

Postal Address:

C/- Whitsunday Design & Drafting

54 Gregory St

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740

Property Description: Lot 7 on BUP106115

3. OWNER’S DETAILS

Sulu Stuff Pty Ltd

4. PROPOSAL Material Change of Use - Catering Shop

5. DECISION TYPE

DEVELOPMENT DECISION Material Change of Use Development Permit

Pursuant to the Mackay City Planning Scheme

Approved in Full subject to Conditions



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.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Building Works - Development Permit Plumbing and Drainage Works - Compliance Permit

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 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 which details your appeal rights and the

appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Shane Kleve

Position Principal Planner

Signature Date


shane

Typewritten Text

15th November 2011

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-257 Applicant’s Name: Spice King Pty Ltd

Decision Date: 09 November 2011

Page 1 of 3

1. Plan of Development

The approved Catering Shop development 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.

Job & Number

Drawing Number

Title Rev. Prepared by Date

11/3730 01 Cover Sheet 0 Whitsunday Design &

Drafting Pty Ltd 08/2011

11/3730 02 Site Plan 0 Whitsunday Design &

Drafting Pty Ltd 08/2011

11/3730 03 Tenancy Layout – First and Ground

Floor 0

Whitsunday Design & Drafting Pty Ltd

08/2011

11/3730 04 Existing and

Demolition plan 0


08/2011

11/3730 05 Proposed First

Floor Plan 0


08/2011

11/3730 06 Detailed Kitchen

Layout 0


08/2011

11/3730 07 Proposed Ground

Floor Plan 0


08/2011

2. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

3. 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.

4. Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, 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).

5. Damage

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




Page 2 of 3

6. Waste Storage Area

The location and design of the waste storage area must be located so as not to cause a nuisance to neighbouring properties in accordance with the relevant provisions of the Environmental Protection Act and Regulations.

7. Minimum Car Parking Spaces

The car parking area must be constructed, sealed, linemarked and drained for a minimum of nine (9) car parking spaces in accordance with the approved plan and maintained thereafter.

8. Use of Carparking areas

The areas set aside for parking, vehicle manoeuvring and loading and unloading, must not be used for the storage or placement of goods or materials.

9. General Amenity Provision

The use and or development must be managed so that the amenity of the area is not detrimentally affected, through the:

Transport of materials, goods or commodities to or from the subject site. Appearance of any building, works or materials Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour,

steam, soot, ash, dust, waste water, waste products, grit or oil Presence of vermin

10. GFA of Building

The maximum Gross Floor Area of Buildings must not exceed 135m2. ASSESSMENT MANAGER’S ADVICE

1. 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.

2. Dust Control




Page 3 of 3

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.

3. 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.

4. 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. 5. General Safety of Public during Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance

with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

6. Adopted Infrastructure Charges Notice

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

Prior to making payment please contact Mackay Regional Council, Development Services, Business Support Unit to establish if any Development Incentive Policies apply to the development at the time of the payment will be made.



michellem

Received (Manual Date)


DATE -

JOB NO. -DWG. NO. -

NO. OF DWGS - 08/2011

01 11/3730

08

Proposed New Restaurant

Within Existing Commercial Building at

7/3 Rosewood Drive, Rural View for

Spice King Pty. Ltd.

existing carparking

Existing disabled amenitiesto be upgraded to complywith the access standard

Existing entry doors tonew restaurant fitout

DRAWING LIST

01 COVER SHEET

02 SITE PLAN

03 OVERALL BUILDING TENANCY LAYOUT

04 EXISTING FLOOR PLAN

05 PROPOSED FIRST FLOOR PLAN

06 DETAILED KITCHEN LAYOUT

07 PROPOSED GROUND FLOOR PLAN

08 REGISTERED SURVEY PLANS

existinglandscaping

Existing amenities

new company signage


michellem

Received (Manual Date)

darrylb

Manual DA & Date

EXISTING BUILDINGLOTS 7-11 onBUP 106115

EXISTING BUILDINGLOTS 1-6 onBUP 106115

PROPOSED TENANCY FITOUT.LOT 7 on BUP 106115

EXISTING PAVEMENTCOMMON PROPERTY ON

BUP 106115

LOT

PLAN

on2

SP 158456

LOT

PLAN

on2

SP 158456

LOT

PLAN

on1

SP 158456

RO

SE

WO

OD

D

RIV

E

EXISTING SITE ACCESS

EXISTING SITE ACCESS

EXISTING CARPARKING(GROUND FLOOR CARPARKS ALSO PROVIDED)

EXISTING PEDESTRIANCROSSING

1° 30' 00"

11.930

300°

33'

00"

5.55

0

1° 30' 00"

8.510

32° 28' 00"

7.600

25.3

40

90°

50' 4

0"

0° 50' 40"

14.910

49.3

00

90°

50' 4

0"

44.740

180° 49' 00"44.705

180° 49' 00"90° 11' 00"

3 .00 0

270°

50'

40"

3.00

0

74 .06 0

2 70° 11' 00"

EASEMENT J on RP 897201

EXISTING INDUSTRIAL BIN(FOR OTHER TENANCY)

OPEN PAVEMENT AREAFOR SERVICE VEHICLES

(EXISTING SERVICE STATION)

mh

mh

PROPOSED INDUSTRIAL BIN(FOR RESTAURANT)

EXISTING PAVEMENT AREA

EXISTING LANDSCAPING AREA

EXISTING BUILDING AREA

PROPOSED TENANCY FITOUT AREA

LEGEND

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -

ALL DIMENSIONS ON THIS DRAWING TAKE PRECEDENCE, DO NOT SCALE FROM THIS DRAWING.

-

-

-

REV 0 - 09/2011 - FOR TOWN PLANNING APPROVAL

As indicated

MASALA INDIAN CUISINE

PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWSITE PLAN

08/2011 02JA

RP

11/3730

0 0708SITE PLAN

LOT

PARISH OF

COUNTY OF

LOCALITY -

on

AREA -

41BASSETT

CARLISLE

RURAL VIEW

RP 886033

2915 m²

LOT

PARISH OF

COUNTY OF

LOCALITY -

on

AREA -

JBASSETT

CARLISLE

RURAL VIEW

RP 897201

134 m²

LOT

PARISH OF

COUNTY OF

LOCALITY -

on

AREA -

7BASSETT

CARLISLE

RURAL VIEW

BUP 106115

141 m²

OVERALL SITE

EASEMENT

TENANCY 7

PROPERTY DESCRIPTIONS


darrylb

Manual DA & Date

STAIRWELL

EXISTING ADJACENT TENANCIES

EXISTING CARPARKING

EXISTINGDISABLEDCARPARK

EXISTING CARPARKING

EXISTING LANDSCAPING

EXISTING SHAREDAMENITIES FOR WHOLEOF COMPLEX

PROPOSED TENANCY FITOUT134.80sqm

PROPOSEDDISABLEDTOILET FITOUT- 5.90sqm

2900 2900

EXISTING DISABLEDSHARED ZONE /

PEDESTRIAN CROSSING

1 2 3 4 5 6 7 8 9 10 11 12

hws existinga/c

existinga/c

STAIRWELL

FHR

EXISTING BASEMENT CARPARKING AC

CE

SS

13 14 15 16 17 18 19 20 21 22 23

37 36 35 34 33 29 28 27 26 25 2432 31 30

2 x 210kg GASBOTTLES

BOLLARDS

EXISTING GREASE TRAP

LOCAL AUTHORITY ZONING & ASSESSMENTPROPERTY ADDRESS - 7/3 ROSEWOOD DRIVE, RURAL VIEW

REAL PROPERTY DESCRIPTION - LOT 7 on BUP 106115

ZONE DESCRIPTION - COMMERCIAL

LOCALITY - MACKAY FRAME

PLANNING PRECINCT - McCREADYS CREEK

CARPARKING REQUIREMENTS

MEDICAL CENTRE - 6 CONSULTING ROOMS = 24(4 SPACES PER CONSULTING ROOM)

DISABILITY ACCESS - PART D3Building access to part D3.2In accordance with AS1248.1 - design for access & mobility

Carparking to part D3.5(1 disability carpark/100 carparks)

Access rampMax gradient to be 1 in 14 - AS1428.1 Clauses 10.3Max length to be 9m - AS1428.1 clause 10.3Ramped threshold - 1 on 8 max. 35mm max. height - AS 1428.1 Clause 10.5

ARTIFICIAL LIGHTINGIn accordance with part F4.4 - The Installation Must Comply With AS/NZS1680.0

VENTILATIONGeneral Areas - Natural Ventilation in accordance with F4.6Sanitary Compartment - Mechanical Ventilation in accordance with F4.5

NOISE TRANSMISSION & INSULATIONIn accordance with part F5.2

EXISTING APPROVED TENANCY

CATERING SHOP- 135.0m² = 9(1 SPACE PER 15sqm GFA)

PROPOSED TENANCY

EXISTING CARPARKS = 37

EXISTING CARPARKS FOR OVERALL BUILDING

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -


-

-

-


As indicated


PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWOVERALL BUILDING TENANCYLAYOUT

08/2011 03JA

RP

11/3730

0 0708

SCALE: 1 : 200

TENANCY LAYOUT - FIRST FLOOR LAYOUT

SCALE: 1 : 200

TENANCY LAYOUT - GROUND FLOOR LAYOUTThis is a Mackay Regional Council digitally signed document.

darrylb

Manual DA & Date

existing covered pathway

maleamenities

urin

al store

femaleamenities

disabledunisex

amenities

consultingroom 4

consultingroom 5

consultingroom 6

consultingroom 1

consultingroom 2

consultingroom 3

lunch room

receptionarea

BUILDING ELEMENTS TO BEDEMOLISHED SHOWN THUS

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -


-

-

-


1 : 100


PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWEXISTING FLOOR PLAN

08/2011 04JA

RP

11/3730

0 08

EXISTING FLOOR PLAN DEMOLITION FLOOR PLAN'EXISTING USE - 'HEALTH CARE CENTRE'


darrylb

Manual DA & Date

sink

sink

dw

handbasin

benc

h

benc

h

freez

erfre

ezer

fridg

efri

dge

shel

ves

benc

h

coldroom

fw

dry

good

s

coun

ter

4510 - kitchen 70 7120 - dining

8950 -

kitchen

Kitchen

Dining Area

tandoorioven

burners

burners

burners

exha

ust h

ood

sink

3070 - kitchen 70

coldroom

1900 140 6520 - dining

12591 -

din

ing

13561 -

din

ing

3910 - kitchen 70 2900 - counter 4820 - dining

existing covered pathway

0918 SW 0918 SW

2148 SGD

maleamenities

urin

al store

femaleamenities

disabledunisex

amenities

hws existinga/c

existinga/c

DINING AREA81.10sqm

COUNTER12.70sqm

COLDROOM5.40sqm

KITCHEN35.60sqm

AMENITIES5.90sqm

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -


-

-

-


As indicated


PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWPROPOSED FIRST FLOOR PLAN

08/2011 05JA

RP

11/3730

0 08

SCALE: 1 : 100

PROPOSED TENANCY FLOOR PLAN

PROPOSED FLOOR AREA PLAN

'PROPOSED USE - 'CATERING SHOP'


darrylb

Manual DA & Date

sink

bow

lpo

t sin

k

sink

bow

lco

mm

erci

alsi

nk

dishwasher

stainless steelhand basin

benc

h

stai

nles

s st

eel b

ench

freez

erfre

ezer

fridg

efri

dge

shel

ves

stai

nles

s st

eel b

ench

coldroom

floorwaste

dry

good

s

coun

ter

Kitchen

tandoorioven

burners

burners

burners

exha

ust h

ood

single bowlcommercial sink

cleanerssink

700 -bench 1000 800 -dw 570 -cs 70 1900 70 70

4150 -

exhaust

1100

700

3000 -

bench

500 -

cs

840

1200 -

bench

2410

4000 -

bench

70

2400 -

cold

room

70

2410

70

1250 -

frg

1430 -

shelv

es

1250 -

frg

600 -

counte

r3330

600 -

counte

r1170

70

1240 -

bench

70

2400

70

4530 -

counte

r1170

3850

650

750

100

450

1050

100

(sinks)

500 100 1770 600 -bench70 1900 -coldroom 70 70

500 -sink 4010 600 -bench 70

1200 -exhaust 700 700 -bench 1310 70 575 -shlv 800 1525 -counter

1200 700 700 1310 70 575 1725 600 - counter

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -


-

-

-


1 : 50


PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWDETAILED KITCHEN LAYOUT

08/2011 06JA

RP

11/3730

0 08

DETAILED KITCHEN LAYOUT


darrylb

Manual DA & Date

STAIRWELL

FHR

EXISTING BASEMENT CARPARKING

13 14 15 16 17 18 19 20 21

37 36 35 34 33 29 28 27 2632 31 30

2 x 210kg GASBOTTLES

BOLLARDS

EXISTING GREASE TRAP

CLIENT

PROJECT

TITLE

SCALE -

DATE - DESIGNED -

CHECKED -

DWG. NO. -

NO. OF DWGS -

JOB NO. -

REV. -


-

-

-


1 : 100


PROPOSED NEW RESTAURANT AT7/3 ROSEWOOD DRIVE, RURAL VIEWPROPOSED GROUND FLOOR PLAN

08/2011 07JA

RP

11/3730

0 0708

PROPOSED GROUND FLOOR LAYOUT


darrylb

Manual DA & Date


Civic Precinct, Gordon Street Telephone 1300 622 529 Email [email protected] PO Box 41 │Mackay │QLD 4740 │ Australia Facsimile 07 4944 2400 www.mackay.qld.gov.au

Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court:

Division 8 – Appeals to court relating to development applications 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.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2011-257

Date of Approval 09-Nov-2011

Approved Material Change of Use - Catering Shop

Location 7/3 Rosewood Drive, RURAL VIEW QLD 4740

Property Description L7/BUP106115

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: Spice King Pty Ltd Address: C/- Whitsunday Design & Drafting, 54 Gregory St,

MACKAY QLD 4740

_________________________________________ Signature of Applicant Date: ______________


ADOPTED INFRASTRUCTURE CHARGES NOTICE Sustainable Planning Act 2009 and Local Government Act 2009

To: Spice King Pty Ltd C/- Whitsunday Design & Drafting 54 Gregory St MACKAY QLD 4740

Ref Number DA-2011-257

LAND TO WHICH THE INFRASTRUCTURE CHARGE APPLIES Planning Scheme: Mackay City Planning Scheme Lot & Plan Number: Lot 7 on BUP106115 Property Address: 7/3 Rosewood Drive, RURAL VIEW QLD 4740 DEVELOPMENT TO WHICH THE ADOPTED INFRASTRUCTURE CHARGE APPLIES The adopted infrastructure charge applies to the following development type: Material Change of Use - Catering Shop AMOUNT OF THE ADOPTED INFRASTRUCTURE CHARGE The adopted infrastructure charge has been calculated in accordance with an adopted infrastructure charges resolution under the Sustainable Planning Act 2009.

NET CHARGE AMOUNT – 5,392.00+ annual adjustments and/or reviews

CHARGE CALCULATION

Charge Category Adopted

Infrastructure Charge

Demand Units No. of

Demand Units

Charge Amount

Commercial (Catering Shop)

$180 M2 Gross Floor Area

(GFA) 134.8 $24,264.00

Gross Charge Amount Total $24,264.00 APPLIED CREDIT CALCULATION

Charge Category Credit Unit Value of Credit Unit No of Credit

Units Applied Credit

Amount

Essential Services (Health Care

Centre)

M2 Gross Floor Area (GFA)

$140 134.8 $18,872

Applied Credit Amount Total $18,872 NET CHARGE SUMMARY

Gross Charge Amount Applied Credit Amount Net Charge Amount

$24,264.00 $18,872 $5,392

ADJUSTMENTS TO THE CHARGE The amount of the adopted infrastructure charge is subject to escalation in accordance with relevant legislation from the date of the notice to the date of payment. DUE DATE FOR PAYMENT Payment of the total charge must be made before the change happens if the charge applies to a Material Change of Use.


PAYMENT DETAILS Payment of the Adopted Infrastructure Charges must be made to Mackay Regional Council via the Development Services, Business Support Unit. Please contact Mackay Regional Council, prior to making payment to confirm details. Phone: (07) 4961 9098 or e-mail [email protected] Payment can be made at:

42 Wellington Street, Mackay cheque to PO Box 41. Mackay, QLD 4740

or credit card

GOODS AND SERVICES TAX The federal government has determined that rates and utility charges levied by local government will be GST free. Accordingly, no GST is included in this infrastructure charges notice. FAILURE TO PAY CHARGE An adopted infrastructure charge levied by a local government is, for the purposes of recovery, taken to be a rate within the meaning of the Local Government Act 2009. Compound annual interest at 11% calculated daily is to be applied on an overdue charge. This notice will lapse if the development approval stops having effect APPEAL RIGHTS Attached is an extract from the Sustainable Planning Act 2009 which details the appeal rights in relation to this notice (sections 478, 535 and 675 to 680). ENQUIRIES Enquiries regarding this Adopted Infrastructure Charge Notice should be directed to the Development Services, Business Support Unit on phone: (07) 4961 9098 or e-mail [email protected] John Caldwell Manager Development Assessment

Date of Issue:


jhc

Typewritten Text

15/11/2011

Chapter 7 Appeals, offences and enforcement – Part 1 Planning and Environment Court – Division 10 Appeals to court about other matters Section 478 Appeals about particular charges for infrastructure (1) This section applies to a person who has been given, and is dissatisfied with—

(a) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice; or

(b) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice

(2) The person may appeal to the court against the notice. (3) An appeal against a notice mentioned in subsection (1) must be started within 20 business days after the day the notice is given to the person. (4) An appeal under this section may only be about—

(a) whether a charge in the notice is so unreasonable that no reasonable relevant local government, State infrastructure provider or coordinating agency could have imposed it; or

(b) an error in the calculation of the charge. (5) To remove any doubt, it is declared that an appeal under this section cannot be about the methodology used to establish an adopted infrastructure

charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 7 Appeals, offences and enforcement – Part 2 Building & development dispute resolution committees - Division 7 Appeals about particular charges 535 Appeals about charges for infrastructure (1) This section applies to a person who—

(a) has been given— (i) an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State

infrastructure charges notice; or (ii) a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges

notice or negotiated regulated State infrastructure charges notice; and (b) is dissatisfied with the calculation of a charge in the notice.

(2) The person may appeal to a building and development committee about an error in the calculation of the charge. (3) An appeal about a notice mentioned in subsection (1)(a) must be started within 20 business days after the day the notice is given to the person. (4) To remove any doubt, it is declared that an appeal under this section can not be about the methodology used to establish an adopted infrastructure

charge or the charge in a relevant infrastructure charges schedule, regulated infrastructure charges schedule or regulated State infrastructure charges schedule.

Chapter 8 Infrastructure – Part 4 Changing notices 675 Definition for pt 4 In this part – relevant appeal period, for a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice, means the period within which the person may appeal against the notice to the court or a building and development committee under section 478 or 535. 676 Application of pt 4 This part applies to a person who has been given an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice only during the person’s relevant appeal period. 677 Representations about notice The person may make representations about the notice to the entity that gave the notice. 678 Consideration of representations The entity that gave the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice must consider any representations made to the entity under section 677. 679 Decision about representations (1) If the entity agrees with any of the representations, the entity must give to the person—

(a) for representations about an infrastructure charges notice—a new infrastructure charges notice (the negotiated infrastructure charges notice); or

(b) for representations about a regulated infrastructure charges notice—a new regulated infrastructure charges notice (the negotiated regulated infrastructure charges notice); or

(c) for representations about an adopted infrastructure charges notice—a new adopted infrastructure charges notice (the negotiated adopted infrastructure charges notice); or

(d) for representations about a regulated State infrastructure charges notice—a new regulated State infrastructure charges notice (the negotiated regulated State infrastructure charges notice).

(2) The entity may give only 1 negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice.

(3) The negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice— (a) must be given within 5 business days after the day the entity agrees with the representations; and (b) must be in the same form as the notice previously given; and (c) must state the nature of the changes; and (d) replaces the notice previously given.

(4) If the entity does not agree with any of the representations, the entity must, within 5 business days after the day the entity decides not to agree with any of the representations, give a written notice to the person stating the decision about the representations.

680 Suspension of relevant appeal period (1) If the person given the infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State

infrastructure charges notice needs more time to make the written representations, the person may, by written notice given to the entity that gave the notice, suspend the person’s relevant appeal period.

(2) The person may act under subsection (1) only once. (3) If the written representations are not made within 20 business days after the day written notice was given to the entity, the balance of the person’s

relevant appeal period restarts. (4) If the written representations are made within 20 business days after the day written notice was given to the entity—

(a) if the person gives the entity a notice withdrawing the notice under subsection (1)—the balance of the person’s relevant appeal period restarts the day after the entity receives the notice of withdrawal; or

(b) if the entity gives the person a notice under section 679(4)—the balance of the person’s relevant appeal period restarts the day after the person receives the notice; or

(c) if the entity gives the person a negotiated infrastructure charges notice, negotiated regulated infrastructure charges notice, negotiated adopted infrastructure charges notice or negotiated regulated State infrastructure charges notice (the negotiated notice)—the person’s relevant appeal period starts again the day after the person receives the negotiated notice.


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