DEVELOPMENT APPLICATION Stotts Road, Ra€¦ · appendix b – plans of development appendix c – certificate of title appendix d – registered survey plan and smart map appendix

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Humphreys Reynolds Perkins North Qld Planning Consultants retains ownership and copyright of the contents of this document including drawings, plans, figures and other work produced by Humphreys Reynolds Perkins North Qld Planning Consultants. This document is not to be reproduced in full or in part, unless separately approved by Humphreys Reynolds Perkins North Qld North Qld Planning Consultants. 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 www.hum-plan.com/termsandconditions. 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 Humphreys Reynolds Perkins North Qld 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.

Stotts Road, Racecourse - TOWN PLANNING REPORT

HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS December 2010 – 10NQ130

Contents

1. Executive Summary ________________ ii Site Details ______________________________________________ ii Application Details _________________________________________ ii Development Application – Common Material ______________________ iii Resource Allocation ________________________________________ iii

2. Introduction _______________________ 1

2.1 Pre-Lodgement Advice _________________________________ 1

3. Site Characteristics ________________ 2

3.1 Site Details _________________________________________ 2 3.1.1 Location __________________________________________________ 2 3.1.2 Site Description _____________________________________________ 2 3.1.3 Land Use _________________________________________________ 2 3.1.4 Frontage and Access _________________________________________ 2 3.1.5 Site Contamination ___________________________________________ 2 3.1.6 Remnant Vegetation & Referable Wetland ___________________________ 3 3.1.7 Landscaping & Open Space _____________________________________ 3 3.1.8 Flood and Inundation _________________________________________ 3

4. The Proposed Development _________ 4

4.1 Proposal Overview ____________________________________ 4 4.2 Defined & Proposed Use _______________________________________ 4 4.3 Building Form ______________________________________________ 5 4.4 Setbacks __________________________________________________ 5 4.5 Access and Car Parking _______________________________________ 5 4.7 Landscaping _______________________________________________ 5 4.8 Noise Impacts ______________________________________________ 5 4.9 Air Quality Impacts ___________________________________________ 5 4.10 Residential Amenity Impact _____________________________________ 5 4.11 Stormwater Management _______________________________________ 6 4.12 Services __________________________________________________ 6 4.15 External Traffic Impact ________________________________________ 6

5. Public Notification _________________ 7

6. Assessment _______________________ 8

6.1 State Planning Regulatory Provisions _______________________ 9 6.2 Regional Plan _______________________________________ 9



6.3 State Planning Policies ________________________________ 10 6.4 The Mackay Planning Scheme ___________________________ 10

6.4.1 Desired Environmental Outcomes ________________________________ 10 6.4.2 Mackay Hinterland Locality Code ________________________________ 10 6.4.3 Rural Zone Code ___________________________________________ 11 6.4.4 Industrial Code _____________________________________________ 11 6.4.5 Environment and Infrastructure Code _____________________________ 11 6.4.6 Development in the Vicinity of Mackay Airport Overlay Code ______________ 12 6.4.7 Development on Good Quality Agricultural Land Overlay Code ____________ 12

6.5 Legislation – Vegetation Management Act 1999 _______________ 12 6.6 Technical Reports ____________________________________ 12

7. Summary and Recommendations ____ 13



APPENDICES

APPENDIX A – OWNERS CONSENT

APPENDIX B – PLANS OF DEVELOPMENT

APPENDIX C – CERTIFICATE OF TITLE

APPENDIX D – REGISTERED SURVEY PLAN AND SMART MAP

APPENDIX E - SEARCHES: CONTAMINATED LAND REGISTER AND ENVIRONMENTAL MANAGEMENT REGISTER

APPENDIX F – STATEMENT OF COMPLIANCE

APPENDIX G – VEGETATION MANAGEMENT ACT MAPS

IDAS FORMS

IDAS FORM 1 – APPLICATION DETAILS

IDAS FORM 5 – MATERIAL CHANGE OF USE

IDAS CHECKLIST 1 – DEVELOPMENT ASSESSMENT CHECKLIST

IDAS CHECKLIST 2 – MATERIAL CHANGE OF USE

©2010 Google - Map data ©2010 Google, Whereis(R), Sensis Pty Ltd -

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HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS ii December 2010 – 10NQ130

1. Executive Summary

Site Details

ADDRESS Stotts Road

Racecourse Qld 4740

(refer to Figure 1 – Location Map)

LOT DESCRIPTION Lot 8 RP727007

(Refer to Appendix D – Registered Survey Plan and Smart Map)

TOTAL SITE AREA 0.9935 Ha

OWNER Robert James Smith

Donald Paul Smith

Ralda Smith

(refer to Appendix C – Current Title Search)

MACKAY CITY PLANNING SCHEME – LOCALITY

Mackay Frame Locality - Pioneer River

MACKAY CITY PLANNING SCHEME – ZONING

Rural

(Refer to Figure 2 – Zoning Map)

Application Details

APPLICATION Material Change of Use -

General Industry (Warehousing and Storage)

LEVEL OF ASSESSMENT

Impact Assessment

REFERRAL The development application does not trigger referral to any Advice or Concurrence Agency.

PROPOSAL The applicant proposes to establish an area for warehousing and storage.

Further detail is provided within Section 4 – The Proposed Development of this report and Appendix B to this report.


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS iii December 2010 – 10NQ130

DEFINED USES Material Change of Use -

General Industry (Warehousing and Storage)

APPLICANT Robert James Smith

CONTACT C/- Mr. Michael Jewell

Humphreys Reynolds Perkins North Qld

Planning Consultants

PO Box 244

Mackay Qld 4740

PHONE (07) 4953 2877

FACSIMILE (07) 4953 2577

OUR REFERENCE 10NQ130

Development Application – Common Material

The following documents comprise the common material1 of this application:

IDAS Form 1: Application Details;

IDAS Form 5: Material Change of Use;

IDAS Checklist 1: Development Assessment;

IDAS Checklist 2: Material Change of Use;

Owners Consent, executed by the owners of the land

Further, the common material of the application comprises of the following “mandatory supporting information” which constitutes a ‘properly made application’ for a Material Change of Use under section 261 of the Sustainable Planning Act 2009 (SPA):

A statement (being the Proposal Report and accompanying documents) about how the proposed development addresses the local government’s planning scheme and any other planning documents relevant to the application.

A suitable plan of development.

Resource Allocation

Where a proposed development will interfere with a State resource as defined under Schedule 14 of the Sustainable Planning Regulation 2009 (SP Reg), evidence of a resource allocation is needed to support the application.

Resource allocation is not required for the development.


HUMPHREYS REYNOLDS PERKINS NORTH QLD PLANNING CONSULTANTS December 2010 – 10NQ130 Page 1

2. Introduction

This proposal report accompanies a development application over part of the land at Stotts Road, Racecourse as identified on Figure 1 – Location Map to this report.

The proposed development involves establishing an area for the warehousing and storage.

Under the applicable planning scheme (Mackay City Planning Scheme), the subject site is located within the Mackay Hinterland Locality, and is included within the Rural Zone. The proposed use does not fit within existing definitions in Schedule 1 “Dictionary” of Council’s Planning Scheme and so therefore Under the Mackay City Plan, an application for a Material Change of Use for other uses not defined is impact assessable development within the Rural Zone. Section 313 of the Sustainable Planning Act 2009 (SPA) prescribes the requirements for Impact assessment generally.

Accordingly, the applicant is seeking a Development Permit for Material Change of Use to undertake the proposed development.

This Proposal Report has been prepared as supporting material to accompany the application for a Material Change of Use.

2.1 Pre-Lodgement Advice

At a meeting held with Council officers on the 16 November 2010 it was indicated to the Applicants representatives that:

The proposal would require an Impact Assessable development application;

Infrastructure Contributions Applicable to the proposal would potentially include a Transport Network Contribution and Parkland Contribution.

In relation to the former, this development application comprises an Impact Assessable application in accordance with the SPA 2009.

In relation to the latter, the only applicable infrastructure contribution in the Applicants opinion is the Transport Network Contribution, which should be applied at a reduced rate. Reasons for this proposed reduction are:

1. The amount of traffic generated by the proposed development is minimal as compared to a general industry type development in the industrial zone.

2. In general, machinery will be used off-site for extended periods.

3. The current state of the road is a gravel road and the proposed use not have a minor trip generation.



3. Site Characteristics

3.1 Site Details

3.1.1 Location

The subject site is located at Stotts Road, Racecourse (Refer to Figure 1 – Location Map) within the Mackay Regional Council, Local Government Area (“LGA”)

3.1.2 Site Description

The site is entirely contained within the Rural Zone and the Pioneer River and Southern Streams Precinct of the Mackay Hinterland Locality. The Site is described as Lot 8 RP724007 and Appendix D – Registered Survey Plan provides information on this registered plan.

The subject site contains a total area of 0.9935 Ha.

3.1.3 Land Use

Subject Site

The subject site is currently vacant and is clear of all vegetation. The subject area is virtually flat.

Surrounding Land Uses

The subject site is bordered to the west and east by tramlines under the ownership of Mackay Sugar. With a substantial area of gravel area to the north east which is assumed to be storage area associated with Mackay Sugar tramlines.

To the south the subject site is bordered by Stotts Road, which is currently a gravel road.

Beyond these borders are existing cane farms. No dwellings exist in the immediate vicinity of the site. The closest dwelling is approximately 390 metres from the boundary of the site.

3.1.4 Frontage and Access

The subject site will has a frontage of 98 metres to Stotts Road. There is an existing access point in the sites south-western corner.

3.1.5 Site Contamination

The subject land is not included within the Environmental Management Register, or the Contaminated Land Register (refer to Appendix E – CLR and EMR Searches) and is not known to have contained any notifiable activities.



3.1.6 Remnant Vegetation & Referable Wetland

The site does not contain a referral wetland or area of remnant vegetation (refer to Appendix G – Vegetation Management Act Maps)

3.1.7 Landscaping & Open Space

The subject site is vacant land and is not landscaped. No Landscaping is considered necessary in the Rural Zone.

3.1.8 Flood and Inundation

The subject site is not subject to flooding or inundation.



4. The Proposed Development

4.1 Proposal Overview

The proposed development involves a Material Change of Use for General Industry, and includes:

Area for storage, including 12m x 6m Site Offices

1,000 sqm machinery enclosure; and

10 Car Parks;

The total use area is approximately 0.9935ha.

The sole purpose for the machinery enclosure will be for storage of machinery used as part of the business.

Seaforth Civil and Plant Contractors will be the sole occupant on the site and will store some machinery on the subject site, from time to time while it is not in use.

It is expected that the majority of the time machinery will be in operation on construction sites associated with the businesses operations and will be located on such sites.

Staff

Staff employed by Seaforth Civil and Plant Contractors will be operating equipment off-site and sometimes transport equipment to and from the site. Staff on site will be minimal.

Hours of Operation

The proposal will be operated during normal work hours.

Lighting & Security

Security lighting will be erected within the compound.

Public access to the facility will be controlled via a lockable gates located at the property entrance and security fencing around the perimeter of the property.

4.2 Defined & Proposed Use

The definition for General Industry as per the Consolidated Mackay Planning Scheme 2009 is as follows:

“General Industry” means any premises used for any industrial activity which is not separately defined in this section.

It is considered the proposal meets the standard definition for general industry as there is no definition in the Planning Scheme for storage of machinery. For the clarity purposes the General Industry definition has been expanded to become ‘General Industry (Warehouse and Storage)’. This is considered adequate for Council to confine the use in any decision notice.



4.3 Building Form

Any building will be subject to the Building Approval process.

4.4 Setbacks

The subject site is approximately 300 metres to the closest residential dwelling.

The buildings and storage items onsite will be setback from the boundaries side boundaries of the site.

All buildings will be setback 6 metres from the road frontage.

4.5 Access and Car Parking

Access to the site will be via the existing access point in the south western corner of the site.

The access will be constructed to Council’s required standard. A lockable gate will be provided at the property entrance to restrict public access.

Car parking ratio is at the discretion of Council. A car parking area for ten (10) or more vehicles is indicated on the Proposal Plan (Appendix B).

4.7 Landscaping

No landscaping is proposed. The subject site is located as an isolated lot within the rural zone.

4.8 Noise Impacts

Noise impacts to adjacent sensitive receptors will be naturally attenuated by distance. The nearest dwelling is approximately 300 metres to the west.

4.9 Air Quality Impacts

No air quality impacts are expected.

4.10 Residential Amenity Impact

As demonstrated above, the nearest dwelling adjoining the site is 300m away. Accordingly, there is expected to be minimal impacts on residential amenity. Other uses such as the Mill would represent a greater impact than the proposed development.



4.11 Stormwater Management Stormwater Management will be in accordance with Councils Planning Scheme Policy 15.07 - Engineering Design Guideline D7 Soil and Water Quality Management.

4.12 Services

No services other than roads are required for the operation of the proposed development.

4.15 External Traffic Impact

Traffic will generally utilise Stotts Road. Road and traffic impacts are expected to be minor.



5. Public Notification

A notification period of fifteen (15) business days will apply to the development.



6. Assessment

This application is submitted and assessable in accordance with the Sustainable Planning Act 2009 Reprint 1D as in force on 20 September 2010 (SPA) and the Sustainable Regulation 2009 Reprint No. 2 as in force on 8 October 2010 (SPReg). Section 313 of SPA sets out the matters or things which the assessment manager must assess to the extent it is relevant to the proposal.

Table 7 provides a summary of the relevant matters for assessment. Table 7 Summary of relevant matters for assessment

(a) The State Planning Regulatory Provisions Region: Mackay Whitsunday Regulatory Provisions: Nil (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

WHAM Regional Plan Status: Non-statutory Reflected in the Scheme: No Land Use Designation: Urban Development (Map 10 Mackay Sarina & Mirani) (c) any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act

Applicable codes: Nil (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; State Planning Policy Reflected in

the Scheme: Applicable:

SPP 1/92 Development and Conservation of Good Quality Agricultural Land

YES N/A

SPP 1/02 Development in the Vicinity of Certain Airport and Aviation Facilities

YES N/A

SPP 2/02 Planning and Managing Development Involving Acid Sulfate Soils

YES N/A

SPP 1/03 Mitigating the Adverse Impacts of Flood, Bushfire & Landslide

YES N/A

SPP 2/10 South East Queensland Koala Conservation NO NO*1

SPP 1/10 Protecting wetlands of high ecological significance in Great Barrier Reef Catchments (temporary SPP)

NO NO*2

SPP 2/09 Acceleration of compliance assessment NO NO*3

SPP 1/07 Housing and Residential Development including guideline 1.0

NO NO*4

SPP 2/07 Protection of Extractive Resources and Guideline

NO NO*5

N/A State and regional coastal management plans State and regional coastal management plans – Guidelines

NO NO*6

SPP 1/09 Reconfiguration of a lot code for land in Indigenous local government areas to which a local

NO NO*7



planning scheme does not apply*1 The development is not in the SEQ Region. *2 The reconfiguration does not involve operational works as described in the policy. *3 The application is not for compliance assessment.

*4 The effect of the policy is to be appropriately reflected in the planning scheme and does not contain assessment provisions applicable to development applications.

*5 The proposed use not within any mapped Key Resource Area including separation areas and does not increase the number of people living in a transport route’s separation area. *6 The land is not identified by the coastal management plan as an area of state significance. *7 The land is not within an Indigenous local government area.

(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;

N/A N/A N/A N/A Refer below

Mackay Consolidated Planning Scheme 2006 – effective 23 July2009 Locality: Hinterland Precinct: Pioneer River and Southern Streams Zone: Rural Road Hierarchy: Stotts Road:

MCC Access Planning Scheme Overlays: Good Quality Agricultural Land

Airport Obstacle Limitation Surface Airport Development Distances

Type of Development: Material Change of Use Application process: Impact Assessment Relevant Assessment Criteria: Desired Environmental Outcomes

Locality Code (Hinterland) Rural Zone Code Environment and Infrastructure Code Development in the Vicinity of Mackay Airport Overlay Code Good Quality Agricultural Land Overlay Code

6.1 State Planning Regulatory Provisions A State planning regulatory provision is a statutory planning instrument made under SPA to advance the purpose of SPA 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.

To date no State planning regulatory provision has been implemented for the Mackay Whitsunday region.

6.2 Regional Plan

The assessment manager must assess the application against the regional plan for the region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme.



The regional plan is the Whitsunday, Hinterland and Mackay Regional Plan endorsed by the Whitsunday, Hinterland and Mackay Regional Planning Advisory Committee and local governments in the region and released in 2006. The regional plan is non-statutory and does not have legislative power.

The proposed use will not impact on adjoining land. Accordingly, the development will not impact on the vision of the regional plan.

6.3 State Planning Policies A State planning policy is an instrument made under SPA which advances the purpose of the Act by stating the State’s policy about a matter of State interest. State Planning Policies which have been identified in the planning scheme as being appropriately reflected in the planning scheme do not require further assessment pursuant to an IDAS application. With regards to the remaining State planning policies which have not been identified as being appropriately reflected in the planning scheme, no policy has been identified which is relevant to the proposal.

6.4 The Mackay Planning Scheme

Detailed assessment against the relevant assessment criteria is provided in Appendix F. A summary of the assessment against each relevant part is provided below.

6.4.1 Desired Environmental Outcomes

Relevant DEOs are addressed below:

(a) Biodiversity and Habitat/Natural Features – the proposed site is not within vicinity of any significant areas or corridors, and will not create any detrimental impacts beyond the site.

(b) Cultural Heritage & Landscape Character – the use will not impact on any cultural heritage or landscape character areas.

(c) Economic Development – as the use is effectively isolated from surrounding Cane farms via adjacent tramways and Stotts Road, it will not result in any long term loss or alienation of agricultural land.

(d) Amenity and Community Well-Being – potential impacts to community well-being are discussed herein, and will be minor.

(e) Infrastructure and Urban Growth – the development will have no impact on infrastructure or urban growth.

Therefore the development is consistent with each of the Desired Environmental Outcomes.

6.4.2 Mackay Hinterland Locality Code

The proposed development meets the Overall Outcomes and each of the relevant Specific Outcomes and associated solutions of the Mackay Hinterland Locality Code.

Specific outcomes and associated Probable solutions relating to the development are addressed in Appendix F – Compliance Statement.



6.4.3 Rural Zone Code

The proposed development meets the Overall Outcomes and each of the relevant Specific Outcomes and associated solutions of the Rural Zone in the Mackay Hinterland Locality Code, except for Overall Outcome 2(c) and related Specific Outcome P5.

The Overall Outcome 2(c) and Specific Outcome P5 require that Non-rural activities do not occur on land included in the Rural Zone.

However, the proposed use is considered to comply when consideration is granted to the isolated nature of the site from surrounding farming operations due to the location of the site between two cane tramlines and Stotts Road. The subject site in itself is 0.9935 hectares and is not considered to be conducive to cane farming operations due to size, location and restrictions of surrounding development. Therefore efficient use of the land would be for a use that is not adversely impacted upon by the Racecourse Mill operations and associated infrastructure and presents no impact to such operations.

The proposed General Industry (Warehouse and Storage) land use will not generate significant traffic and will simply involve storage of machinery associated with Seaforth Civil and Plant operations.

The current enquiry by design process being undertaken over Ooralea, which designates the subject site as industry; warrants approval of the proposal notwithstanding the Rural Zoning of the land.


6.4.4 Industrial Code

The proposed development meets the Overall Outcomes and each of the relevant Specific Outcomes and associated solutions of the Industrial Code.


6.4.5 Environment and Infrastructure Code

The proposed development meets the Overall Outcomes and each of the relevant Specific Outcomes and associated solutions of the Environment and Infrastructure Code.




6.4.6 Development in the Vicinity of Mackay Airport Overlay Code

The site is located approximately 4.3km west of the Mackay Airport runway. The proposed activity is not for a use listed in Table 8-7 of the Mackay Airport Overlay Assessment Table as code or impact assessable and is therefore exempt from assessment against the code.

6.4.7 Development on Good Quality Agricultural Land Overlay Code

The proposed development meets the Overall Outcomes and each of the relevant Specific Outcomes and associated solutions of the Good Quality Land Overlay Code.

Assessment of the Specific Outcomes of the code is provided in Appendix F – Statement of Compliance.

6.5 Legislation – Vegetation Management Act 1999

There is no mapped remnant vegetation within the subject lot.

6.6 Technical Reports

No technical reports accompany this application.

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DEVELOPMENT APPLICATION Stotts Road, Ra€¦ · appendix b – plans of development appendix c – certificate of title appendix d – registered survey plan and smart map appendix