OUR REF: 185586-902-DA-2007-545 - Mackay Council€¦ · Civic Precinct, Gordon Street Telephone 1300 622 529 Email [email protected] PO Box 41 │Mackay │QLD 4740 │ Australia

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

OUR REF: 185586-902-DA-2007-545

12 October 2012 Pointglen Developments Pty Ltd PO Box 8158 MOUNT PLEASANT QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Pointglen Developments Pty Ltd Proposal: Material Change of Use - Preliminary Approval to

override the Planning Scheme to regulate development of the land as identified in the proposal plan, as if located in the Urban Expansion Zone, McCreadys Creek Precinct, Mackay Frame Locality with the existing overlays affecting subject site

Application Number: DA-2007-545 Address: Lot 902, Boveys Road RICHMOND QLD 4740 Property Description: Lot 8 on RP702628, Lot 902 on SP185586, Lot 903 on

SP185586 and Lot 904 SP165721 (formerly Lot 904 on SP 185586)

Please find enclosed the above Decision Notice with the relevant attachments: • Decision Notice • Assessment Manager’s Conditions • Referral Agencies Conditions • Approved Plans • Appeal Rights If you require any further information, please contact Brogan Jones.

This is a Mackay Regional Council digitally signed document

http://www.mackay.qld.gov.au/�

Decision Notice Integrated Planning Act


Application Number: DA-2007-545

Date of Decision: 10 October 2012

1. APPLICANT/S DETAILS

Name: Pointglen Developments Pty Ltd

Postal Address: PO Box 8158

MOUNT PLEASANT QLD 4740

2. PROPERTY DETAILS

Property Address: Lot 902, Boveys Road RICHMOND QLD 4740

Property Description: Lot 8 on RP702628, Lot 902 on SP185586, Lot 903 on SP185586 and Lot 904 SP165721 (formerly Lot 904 on SP 185586)

3. OWNER’S DETAILS

Illuka Investments Pty Ltd

4. PROPOSAL

Material Change of Use - Preliminary Approval to override the Planning Scheme to regulate development of the land as identified in the proposal plan, as if located in the Urban Expansion Zone, McCreadys Creek Precinct, Mackay Frame Locality with the existing overlays affecting subject site

5. DECISION TYPE

DEVELOPMENT DECISION

Material Change of Use Preliminary Approval to override the 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 Agency Department of Main Roads (currently Department of Transport and Main Roads)

PO Box 62 MACKAY QLD 4740

Concurrence Agency

Department of Environment and Resource Management (no conditions as no Concurrence Agency Response received)

Permit and Licence Management Implementation and Support Unit GPO Box 2454 BRISBANE QLD 4000

Concurrence Agency Queensland Transport (currently Department of Transport and Main Roads)


Advice Agency

Department of Infrastructure and Planning (currently Department of State Development, Infrastructure, and Planning)


Advice Agency

Environmental Protection Agency (currently Department of Environment and Heritage Protection)

Ecoaccess Customer Service Unit PO Box 15155 Albert St CITY EAST QLD 4002

8. SUBMISSIONS

Submitter (with Appeal Rights) Joan A Fitzsimmons PO Box 1135

MACKAY QLD 4740

Submitter (with Appeal Rights)

Sugarview Developments Pty Ltd

C/- WS Group PO Box 158 MACKAY QLD 4740

Submitter (with Appeal Rights) Paul F Doolan 58 Mackay-Habana Rd

RICHMOND QLD 4740

Submitter (with Appeal Rights)

Department of Infrastructure and Planning (currently Department of State Development, Infrastructure, and Planning)






9. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme.

This approval overrides the current Rural Zone over the subject land. Council agreed to the proposal based on the following:

• notwithstanding the existing Rural Zone, it is considered that the intent for the site is to be used for residential purposes;

• the site is considered suitable for residential purposes as it demonstrates a continuation of the residential pattern for the area;

• the loss of Good Quality Agricultural Land is considered acceptable given the small lot area of Site C, and that there is an overriding need for residential development in the area; &

• the KRA buffer (associated with the Boral Quarry) affecting the site is no longer considered applicable based on the information provided as part of the Boral Quarry expansion application. This information demonstrated minimal impacts on the site as a result of the operations of the quarry.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER DEVELOPMENT PERMITS REQUIRED

Reconfiguration of a Lot - Development Permit

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

This approval for a Material Change of Use - Preliminary Approval serves to override the Planning Scheme in order to regulate development of the land as if located the land was located in the Urban Expansion Zone, McCreadys Creek Precinct, Mackay Frame Locality. All existing Planning Scheme Overlays remain over the subject site.

13. RELEVANT PERIOD The standard relevant periods stated in Section 3.5.21 of Integrated 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 Integrated Planning Act which details your appeal rights

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

Name John Caldwell

Position Manager – Development Assessment

Signature Date



jhc

Typewritten Text

15/10/2012

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2007-545 Applicant’s Name: Pointglen Developments Pty Ltd Decision Date: 10 October 2012

Page 1 of 2

1. Plan of Development

The approved Material Change of Use – Preliminary Approval to override the Planning Scheme to regulate development of land as if located in the Urban Expansion Zone, McCready’s Creek Precinct, and Mackay Frame Locality with the existing overlays affecting the subject site 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 # Title Version Prepared by Date

079129 Master Plan (shown as Attachment D)

1.0 HRP 6 Dec 2007

2. Overriding the Planning Scheme

This approval overrides the Mackay City Planning Scheme so that any future development on the site (Site C) shall be assessed as if it was located in the Urban Expansion Zone in the Mackay Frame Locality.

3. Access to Site C

There is to be no vehicular access to Site C from either Boveys Road or Mackay-Habana Road. All vehicle access is to be from the internal road (shown the concept plans) that runs through Sites A and B.

4. Compliance with Council Standards

All design and construction for any future development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings, and standard specifications, unless otherwise agreed in writing by Council.

5. Future Development

Prior to any further development application over Site A, Site B, and Site C, the following must be resolved with Council’s input and agreement:

a) The future dwelling density for Site C;

b) Recommendations from a Geotechnical Report addressing the development of lots with slopes in excess of 15%;


ASSESSMENT MANAGER CONDITIONS Application Number: DA-2007-545 Applicant’s Name: Pointglen Developments Pty Ltd Decision Date: 10 October 2012

Page 2 of 2

c) An infrastructure Masterplan that details with as much accuracy as possible:

• The future development and lot layout over Site A, Site B, and

Site C; • The infrastructure services/networks required to connect to the

existing networks and service Sites A, B & C (i.e. demonstrate how the outflows from the future stages of the Richmond Hills development will be provided for); &

• A public open space report that identifies the proposed road

network, pathway connectivity, large open space areas, and how the existing waterway will be used as part of the public open space network.

6. Compliance with Council Standards

All design and construction for any future development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings, and standard specifications, unless otherwise agreed in writing by Council.

7. Infrastructure Provision

At the time of application for Development Permit, the application must provide detail of connection to water, sewer, and stormwater infrastructure. The cost of all works associated with connecting the site to the infrastructure will be borne by the developer.


















TVS-271 -Concurrence Agency Response with conditions

Integrated Transport Planning Our ref 890/01259 TVS-271

Strategy Implementation Your ref 185586-903-DA-2007-545

Northern Region Enquiries Catherine Hobbs (Principal Advisor)

Level 2, 146 Wills Street Townsville Queensland 4810 Telephone +61 7 4720 7441

PO Box 1293 Townsville Queensland 4810 Facsimile +61 7 7420 7327

ABN 13 200 330 520 Website www.transport.qld.gov.au

Email [email protected]

3 December 2008

The Chief Executive Officer

Mackay Regional Council

PO Box 41

Mackay QLD 4740

Attention: Sharon Etwell

Concurrence Agency Response—Integrated Planning Act 1997 (IPA) s3.3.16

Application for: Preliminary Approval for Material Change of Use to Override the

Planning Scheme to regulate development of the land identified in the

proposal plan, as if located in the Urban Expansion Zone, McCready's

Creek Precinct, Mackay Frame Locality with the existing overlays

affecting the subject site

Lot 903 Boveys Road, Richmond QLD 4740

Lot 8 on RP702628, Lot 902 on SP185586 and parts of Lot 903 on

SP185586 and Lot 904 on SP185586

Mackay City Council

QT Reference – TVS-271

I refer to correspondence received from Pointglen Developments Pty Ltd C/- Humphreys Reyonolds

Perkins North QLD received by this department on 7 January 2008 seeking approval for the above

proposal, as indicated on the plans listed in the table below.

Plan Number Plan Name Plan Date Plan Revision

0166 Road Hierarchy Concept 1 October 2008 E P1

0166 Road Hierarchy Concept 1 September 2008 D P2

An assessment of the proposed development within the limits of Queensland Transport's (QT)

jurisdiction, namely land use and transport coordination under the (Transport Planning and

Coordination Act 1994) has been completed.

It is advised that the proposal is supported with conditions of development as identified on the

attached Statement of Reasons. These conditions must be included in any decision notice issued for


TVS-271 -Concurrence Agency Response with conditions Page 2 of 4

this proposal.

A copy of this letter and the Statement of Reasons has been sent to the applicant for their information

and action as required.

Yours sincerely,

Catherine Hobbs

Principal Advisor (Planning)



Attachment 1

Queensland Transport Concurrence Agency Amended Conditions and Statement of Reasons TVS-271

Application for: Preliminary Approval for Material Change of Use to Override the Planning Scheme to regulate development of the land identified

in the proposal plan, as if located in the Urban Expansion Zone, McCready's Creek Precinct, Mackay Frame Locality with the

existing overlays affecting the subject site

Lot 903 Boveys Road, Richmond QLD 4740

Lot 8 on RP702628, Lot 902 on SP185586 and parts of Lot 903 on SP185586 and Lot 904 on SP185586

Mackay City Council

Timing Conditions for the subject application Jurisdiction for the condition & Reasons

Before the first development permit

is issued in relation to this

application.

1. The Bus Route and Stops as shown on the Road Hierarchy

Concept Plan (0166 rev D P2, dated 1 September 2008) must

be designed and constructed to allow a 12.5 metre length bus

to access the site from the Traffic Distributor, Major Collector

and the Future Minor Collector to the west of the site.

The proposed designated bus route must be designed to

comply with the Transport Planning and Coordination

Regulation 2005, Schedule 1.

Section 8A Transport Planning and Coordination

Act 1994.

To minimise reliance on private car based transport

and provide alternative public transport options it is

necessary to ensure that the development can be

adequately service by Public Passenger Transport

once demand for the service is generated.

At commencement of the use and to

be maintained

2. The pedestrian and bicycle network throughout the

development shall be located, designed and constructed

generally in accordance with the Road Hierarchy Concept

Plan (0166 rev E P1, dated 1 October 2008).

Section 8A Transport Planning and Coordination

Act 1994.

To increase opportunities for people to access

public passenger transport through well connected

and designed cycling and walking paths.



Integrated Transport Planning Our ref 890/01259 TVS-271

Strategy Implementation Your ref 185586-903-DA-2007-545

Northern Region Enquiries Catherine Hobbs (Principal Advisor)

Level 2, 146 Wills Street Townsville Queensland 4810 Telephone +61 7 4720 7441

PO Box 1293 Townsville Queensland 4810 Facsimile +61 7 7420 7327

ABN 13 200 330 520 Website www.transport.qld.gov.au

Email [email protected]

File no: 890/02688 P29626

TVS-271

C/c Pointglen Developments Pty Ltd

PO Box 8158

MT PLEASANT QLD 4740

Attention: Paul Thompson,

For your information (Application No HAB00-077/PT refers). Should you wish to discuss any

aspects of this concurrence agency response, please contact Catherine Hobbs on 4720 7441.

Catherine Hobbs

Principal Advisor (Planning)

3 December 2008



broganj

Manual DA & Date



Integrated Planning Act Appeals Chapter 4 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications. Appeals by applicants: 4.1.27 (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 a development application; (b) a matter stated in the development approval, including any condition applying to the development; (c) the decision to give a preliminary approval when a development permit was applied for;

(2) An appeal under subsection (1) (a) to (c) must be started within 20 business days (the “Applicants Appeal Period”) after the day the decision notice or negotiated decision notice is given to the applicant.

Appeals by submitters 4.1.28 (1) A submitter for a development application may appeal to the court about-

(a) the giving of a development approval, including any Conditions (or lack of conditions) or other provisions of the approval;

(2) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the day the decision notice or negotiated decision notice is given to the submitter.

(3) If an application involves both impact assessment and code assessment, appeal rights for submitters are available only for the part of the application involving impact assessment.

Appeals from Tribunals: 4.1.37 (1) A part to a proceeding decided by a tribunal may appeal to the court against the tribunal’s decision, but only on the

ground- (a) of error or mistake in law of the part of the tribunal; or (b) that the tribunal had no jurisdiction to make the decision or exceeded its in making the decision.

(2) An appeal against the tribunal’s decision must be started within 20 business days after the day notice of the tribunal’s decision is given to the party.

Court may remit matter to tribunal: 4.1.38 If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should be dealt

with by a tribunal, the court must remit the matter to the tribunal for decision.

Part 2 Building and Development Tribunals Division 1 – Establishing constituting and jurisdiction of tribunals. Jurisdiction of tribunals: 4.2.7 (1) A tribunal has jurisdiction to decide any matter that under this or another Act may be appealed to it. (2) However, an appeal to a tribunal may only be about-

(a) a matter under this Act that relates to the Building Act 1975; or (b) a matter prescribed under a regulation.

Division 3 –Appeals to tribunals relating to development applications Appeals by applicants: 4.2.9 (1) An applicant for a development application may appeal to a tribunal against any of the following-

(a) the refusal, or the refusal in part, of a development application; (b) a matter stated in a development approval, including any conditions applying to the development, but not including

the identification of a code under section 3.1.6; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of the currency period; (e) a deemed refusal.

(2) An appeal under subsection (1) (a) to (d) must be started within 20 business days ( the “applicant appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.

(3) An appeal under subsection (1) (e) may be started at any time after the last day a decision on the matter should have been made.


Documents

OUR REF: 185586-902-DA-2007-545 - Mackay Council€¦ · Civic Precinct, Gordon Street Telephone 1300 622 529 Email [email protected] PO Box 41 │Mackay │QLD 4740 │ Australia