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Fitzroy/Central regional officeLevel 2, 209 Bolsover Street, RockhamptonPO Box 113, Rockhampton QLD 4700
Our reference: 1903-10396 SRAYour reference: D/84-2014
14 May 2019
The Chief Executive OfficerRockhampton Regional CouncilPO Box 1860Rockhampton Qld [email protected]
Attention: Thomas Gardiner
Dear Sir/Madam
Changed referral agency response—with conditions(Given under section 28 of the Development Assessment Rules)
Applicant details
Applicant name: Glenmore Developments Pty Ltd and M J Birkbeck
Applicant contact details: c/- Capricorn Survey Group (CQ) Pty Ltd, 132 Victoria ParadeRockhampton QLD [email protected]
Location details
Street address: 54-102 Belmont Road, Parkhurst; 263 Belmont Road, Parkhurst
Real property description: 102RP860099; 129PL4021
Local government area: Rockhampton Regional Council
Application details
Development permit 'Other change' to a development approval for a Preliminary Approval to vary the effect of the planning scheme for Reconfiguring a Lot (2 lots into 222 lots)
Preliminary approval 'Other change' to a development approval for a Preliminary Approval to vary the effect of the planning scheme for a Material Change of Use for residential purposes
Referral triggersThe development application was referred to the department under the following provisions of the Planning Regulation 2017:
10.20.4.2.1 Wetland protection area
1903-10396 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 5
10.20.4.3.1 Wetland protection area
10.9.4.1.1.1 Infrastructure - state transport infrastructure
ConditionsUnder section 56(1)(b)(i) of Planning Act 2016, the conditions set out in Attachment 1 must be attached to any development approval.
Reasons for decision to impose conditionsThe department must provide reasons for the decision to impose conditions. These reasons are set out in Attachment 2.
Approved plans and specificationsThe department requires that the plans and specifications set out below and enclosed must be attached to any development approval.
Drawing/report title Prepared by Date Reference no. Version/issue
Aspect of development: All
Reconfiguration Plan(222 Lots + Public Use Land) (as amended in red)
Capricorn Survey Group (CQ)
4-02-2019 7066-01-ROL B
A copy of this response has been sent to the applicant for their information.
For further information please contact Carl Porter, Principal Planning Officer, on 07 4924 2918 or via email [email protected] who will be pleased to assist.
Yours sincerely
Anthony WalshManager Planning
cc Glenmore Developments Pty Ltd and M J Birkbeck, [email protected]
enc Attachment 1—Changed conditions to be imposedAttachment 2—Changed reasons for decision to impose conditionsAttachment 3—Change representation provisionsApproved plans and specifications
1903-10396 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 5
Attachment 1—Changed conditions to be imposed
No. Conditions Condition timing
Reconfiguration of a lot [ROL] and Material Change of Use [MCU]
Wetland protection area—The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Environment and Science to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following condition(s):
1. The development footprint must be carried out generally in accordance with the following plans:
- Reconfiguration Plan (222 Lots + Public Use Land), prepared by Capricorn Survey Group CQ dated 4/02/2019 reference 7066-01-ROL and revision B (as amended in red to show setback from the HES referable wetland).
Note: The HES referable wetland is the wetland shown on the map of referable wetlands as defined in the Environmental Protection Regulation 2008.
Prior to submitting the Plan of Survey to the local government for approval
2. (a) Provide a development-free buffer for the purpose of maintaining the HES referable wetland’s ecosystem functions and environmental values.
(b) The buffer must be maintained for 50 metres from the mapped boundary of the HES referable wetland to development.
Note: The HES referable wetland is the wetland shown on the map of referable wetlands as defined in the Environmental Protection Regulation 2008.
Further information on buffer elements and the purposes of the buffer are set out in the -Queensland Wetland Buffer Planning Guidelines 2011
https://wetlandinfo.des.qld.gov.au/resources/static/pdf/resources/reports/buffer-guide/wetland-buffer-guideline-14-04-13.pdf
[ROL] Prior to survey plan endorsement
[MCU] Prior to commencement of use
3. Erosion and sediment control measures which are in accordance with the Best Practice Erosion and Sediment Control (BPESC) guidelines for Australia (International Erosion Control Association), are to be installed and maintained to prevent the release of sediment to the wetland as shown on the map of referable wetlands as defined in the Environmental Protection Regulation 2008.
For the duration of the works
4. Stormwater discharge must be treated in accordance with the Queensland Best Practice Environmental Management Guidelines before stormwater flow enters the wetland as shown on the map of referable wetlands as defined in the Environmental Protection Regulation 2008.
At all times
1903-10396 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 5
Attachment 2—Changed reasons for decision to impose conditions(Given under section 56(7) of the Planning Act 2016)
The reasons for the department’s decision are: The application seeks to increase the number of lots approved for the subdivision by 21 lots. The land contains category B vegetation that is listed ‘of least concern’. Development impact on vegetation has been reduced from the original approved area. The change will improve the buffer to the wetland area. The development complies with State codes 9 and 16 with the application of conditions.
Material used in the assessment of the application: The development application material and submitted plan Planning Act 2016 Planning Regulation 2017 The State Development Assessment Provisions (version 2.4), as published by the department The Development Assessment Rules SARA DA Mapping system
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Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 5
Attachment 3—Change representation provisions
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Fitzroy/Central regional officeLevel 2, 209 Bolsover Street, RockhamptonPO Box 113, Rockhampton QLD 4700
Department of State Development, Manufacturing, Infrastructure and PlanningStatement of reasons for application 1903-10396 SRA (Given under section 56 of the Planning Act 2016)
Departmental role: Referral agency
Applicant detailsApplicant name: Glenmore Developments Pty Ltd and M J Birkbeck
Applicant contact details: c/- Capricorn Survey Group (CQ) Pty Ltd, 132 Victoria ParadeRockhampton QLD [email protected]
Location detailsStreet address: 54-102 Belmont Road, Parkhurst; 263 Belmont Road, Parkhurst
Real property description: 102RP860099; 129PL4021
Local government area: Rockhampton Regional Council
Development detailsDevelopment permit 'Other change' to a development approval for a Preliminary Approval to
vary the effect of the planning scheme for Reconfiguring a Lot (2 lots into 222 lots)
Preliminary approval 'Other change' to a development approval for a Preliminary Approval to vary the effect of the planning scheme for a Material Change of Use for residential purposes
Assessment mattersAspect of development requiring code assessment
State Development Assessment Provisions, version 2.4Applicable codes
Material change of use and reconfiguration of a lot
State code 9: Great Barrier Reef wetland protection areasState code 6: Protection of state transport networks
Reasons for the department’s decisionThe reasons for the decision are: The application seeks to increase the number of lots approved for the subdivision by 21 lots. The change will not impact on the safety and efficiency of the State transport network. The change will improve the buffer to the wetland area. The development complies with State code 6. The development complies with State code 9 with the application of conditions.
1903-10396 SRA
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 2
DecisionApproval details Decision details Date of decision Preliminary–– approval for material change of use and development permit for reconfiguration of a lot
Approved subject to conditions 14 May 2019
Relevant material Development application material Planning Act 2016 Planning Regulation 2017 Development Assessment Rules State Development Assessment Provisions
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Development Assessment Rules—Representations about a referral agency response (concurrence)
The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules1 regarding representations about a referral agency response (concurrence).
Part 6: Changes to the application and referral agency responses and Part 7: Miscellaneous
28 Concurrence agency changes its response or gives a late response
28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.
28.2. A concurrence agency may change its referral agency response at any time before the application
is decided if—
(a) the change is in response to a change which the assessment manager is satisfied is a change
under section 26.1; or
(b) the Minister has given the concurrence agency a direction under section 99 of the Act; or
(c) the applicant has given written agreement to the change to the referral agency response.2
28.3. A concurrence agency may give a late referral agency response before the application is decided,
if the applicant has given written agreement to the late referral agency response.
28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurrence agency must—
(a) give notice of its intention to change its referral agency response to the assessment manager
and a copy to the applicant within 5 days of receiving notice of the change under section 25.1;
and
(b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a
further period agreed between the applicant and the concurrence agency, to give an amended
referral agency response to the assessment manager and a copy to the applicant.
1 Pursuant to Section 68 of the Planning Act 2016 2 In the instance an applicant has made representations to the concurrence agency under section 30, and the
concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied.
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30 Representations about a referral agency response
30.1. An applicant may make representations to a concurrence agency at any time before the application
is decided, about changing a matter in the referral agency response.3
3 An applicant may elect, under section 32, to stop the assessment manager’s decision period in which to take
this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28.
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client
M. Birkbeck
project
Riverside Waters EstateStages 1-12
Belmont Road, Parkhurst
sheet no.
plan no. revision1 of 1
7066-01-ROL B
cad file
7066-01-ROL-B
plan of
Reconfiguration Plan(222 Lots + Public Use Land)
lga
scale
1:2500 @ A1datum
RRC 0.5m Contours
created
Rockhampton Regional Council
rpd
Lot 102 on RP860099& Lot 129 on PL4021
authoriseddate detailsrevRJKF8-10-2018 Initial IssueA
0m 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400m
Denotes Area BelowApproximate Flood Level
LOCALITY MAP1:40,000
STOCKLAND
EDEN BROOK
RIVERSIDE
NORTHRIDGE
CRESTWOOD
VARSITYPARK
SUBJECT
SITE
RJKF4-02-2019 Layout amended, subject Lot 2 removed B
07 4927 5199 | [email protected] | 132 Victoria Parade, Rockhampton QLD 4700
IMPORTANT NOTE
This plan was prepared to accompany a reconfiguration ofa lot application to Rockhampton Regional Council andshould not be used for any other purpose.
The dimensions and areas shown hereon are subject tofield survey and also to the requirements of council andany other authority which may have requirements underany relevant legislation.
In particular, no reliance should be placed on theinformation on this plan for any financial dealingsinvolving the land.
This note is an integral part of this plan.
