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DEVELOPMENT APPLICATION RURAL BOUNDARY REALIGNMENT (3 INTO 3 LOTS) GIUMELLIS ROAD, HAMPDEN

LOTS 3, 22 & 23 ON SP215390

Prepared by: RPS

Mackay Office PO BOX 1895 MACKAY QLD 4740

T: +61 7 4953 3577 F: +61 7 4953 3622 E: [email protected] W: rpsgroup.com.au Report No: 114109-1 Version/Date: 19 November 2012

Prepared for:

Craig Barnett

Smart eDA# 1345771119072

megana

Received (Auto Date)

1/38 Wellington Street, PO Box 1895, Mackay QLD 4740 Phone 07 4953 3577 Facsimile 07 4953 3622

1.0 SUMMARY ......................................................................................................... 3

2.0 SITE DETAILS AND CHARACTERISTICS ...................................................... 4

3.0 THE PROPOSAL ............................................................................................... 6

4.0 APPLICATION DETAILS .................................................................................. 8

5.0 PLANNING ASSESSMENT............................................................................... 9

6.0 CONCLUSION ................................................................................................. 10

APPENDICES Appendix A IDAS Forms & Consent Appendix B Site Context Information Appendix C Proposal Plans Appendix D Development Assessment Tables

CONTENTS


1.0 SUMMARY A Development Permit (Reconfiguring a Lot) is sought to realign the boundaries of 3 rural zoned lots located at Giumellis Road, Hampden generally in accordance with the Proposal Plans provided in Appendix C of this report. Key issues for the assessment include:

The proposed boundary realignment seeks to create a larger rural grazing lot accessed from Seaforth-Yakapari Road and 2 rural living/hobby farming sized lots accessed from Giumellis Road;

The subject site is affected by the following planning scheme designations: Hinterland Locality, Rural Zone, Good Quality Agricultural Land Overlay, Medium Bushfire Hazard Overlay, Steep Land Overlay; and Image Corridor Overlay;

The application is code assessable with Mackay Regional Council as Assessment Manager;

DTMR & Ergon have been identified as referral agencies for the application as the subject site also fronts the Bruce Highway and is burdened by an Ergon easement. The proposed development is not expected to adversely impact on DTMR or Ergon interests. While there is some remnant vegetation on the subject site, DNRM is not triggered as a referral ;

The boundary realignment concept is supported by the planning scheme (confirmed by pre-lodgement advice provided by the Manager of Development Assessment) as: -

o It results in an equal number of lots being created in a manner that improves the original situation in relation to enhancing or supporting the rural use of lots. It allows a lot to be created for rural grazing purposes that now exceeds the 100ha minimum lot size for rural zoned lots. It also allows 2 rural living/hobby farming sized lots located adjacent to the existing rural living/hobby farming node on Giumellis Road;

o It does not adversely impact on nearby agricultural operations or Good Quality Agricultural Land;

o It does not allow for clearing of any remnant vegetation;

o It does not adversely impact on image corridors; and

o It does not adversely impact on the location or provision of existing infrastructure or services.

The rural grazing lot has been designed to contain the existing essential infrastructure associated with the existing rural grazing use of the subject lots. The proposed lot is already provided with multiple water supply sources (dams and rainwater tanks), on-site effluent disposal system, access crossovers and driveways, electricity and telephone connection. No internal or external infrastructure improvements are proposed in association with the rural grazing lot.

Building envelopes have been identified for the 2 rural living lots on flatter slopes along a low ridgeline, well separated from the Bruce Highway to the south, cane farms to the west, the electricity transmission line and watercourse. A common sealed access driveway from Giumellis Road is proposed to service both rural living lots, crossing over the watercourse and under the electricity transmission line. Reciprocal access easements are proposed over the common access driveway. No improvements are proposed to me made to Giumellis Road other than an improved common rural crossover. All other infrastructure is proposed to be provided at the time houses are built on the lots

It is requested Council and referral agencies approve the development application subject to reasonable and relevant conditions.


2.0 SITE DETAILS AND CHARACTERISTICS Information on site details and characteristics of the subject site is included below, in the Application Forms included in Appendix A of this report and in the Locality Plan, Aerial Photographs with Surrounding Land Use and Contours, Current Title, Survey Plans, Planning Scheme Property Report and Maps and State government planning designation maps included in Appendix B of this report.

Location Lot 3 on SP215390

0 Bruce Highway, Hampden

Lot 22 on SP215390

275 Seaforth-Yakapari Road, Hampden

Lot 23 on SP215390

0 Giumellis Road, Hampden

Site Dimensions

71.85ha

Over 1km frontage to Bruce Highway

10m frontage to Giumellis Road

32.86 ha

60m frontage to Yakapari- Seaforth Road

261m frontage to unnamed; unformed road reserve to the west currently under road licence

66.73ha

58.5m frontage to Giumellis Road

261m frontage to unnamed; unformed road reserve to the west currently under road licence

Land Tile Info EASEMENT IN GROSS No 705182804 burdening the land in favour of ERGON ENERGY over EASEMENT A ON SP136322

EASEMENT No 713331482 benefiting the land over EASEMENT A ON SP237248 for water supply purposes

EASEMENT IN GROSS No 705182804 burdening the land in favour of ERGON ENERGY over EASEMENT A ON SP136322

Existing Use & Improvements

Rural grazing

Dams & fencing

Access from Giumellis Road & Bruce Highway

Electricity Transmission Line

Residence, sheds and yards

Rural Grazing

Dams & fencing

Access from Yakapari-Seaforth Road

Rural grazing

Dams & fencing

Access from Giumellis Road

Electricity Transmission Line

Surrounding Land Uses

North - Rural;

East – Rural; then the Leap rural living area

South – Bruce Highway, then the greater rural

North - Rural Living; Yakapari-Seaforth Road; greater rural area;

East - Rural;

North – Lot 22

East – Lot 3

South – Rural Living lots; then Bruce


area

West – Lot 23 and rural living South - Lot 23

West - Unformed road reserve and cane

Highway and the greater rural area

West – Giumellis Road; Rural Living Lots and cane farm

Town Planning Designations

Hinterland Locality,

Rural Zone

Bushfire Management Overlay

Steep Land Overlay,

Part GQAL Overlay

Part Image Corridor (Bruce Highway)

Part Remnant vegetation (Endangered)

Hinterland Locality,

Rural Zone


Part Steep Land Overlay,

Part GQAL Overlay

Part Image Corridor (Yakapari-Seaforth Rd)

Hinterland Locality;

Rural Zone;

Bushfire Management Overlay;

Part Steep Land Overlay; and

Part GQAL Overlay.

Existing Approvals

Nil Nil Nil


3.0 THE PROPOSAL A Development Permit (Reconfiguring a Lot) is sought to realign the common boundary between the subject lots generally in accordance with the Proposal Plans provided in Appendix C of this report and as outlined below: -

Location Proposed Lot 6, Giumellis Road, Hampden Proposed Lot 7, Giumellis Road, Hampden Proposed Lot 8, 275 Seaforth-Yakapari Rd

Site Dimensions

1.99 ha


95m frontage to Unformed road reserve

3.17 ha


95m frontage to Bruce Highway

166.28 ha

60m frontage to Yakapari-Seaforth Road

1035m frontage to Bruce Highway

Land Tile Info Existing Easement burdening the land in favour of Ergon over Easement A on SP136322

Proposed Reciprocal Access Easement burdening the lot in favour of proposed Lot 7 over a proposed shared driveway

Existing Easement burdening the land in favour of Ergon over Easement A on SP136322

Proposed Reciprocal Access Easement burdening the lot in favour of proposed Lot 6 over a proposed shared driveway

Existing easement benefiting the land over Easement A on SP237248 for water supply

Existing Use, Improvements & Features

Rural


Electricity Transmission Line within aforementioned easement

Watercourse - stream order 1 (Drain)

Boundary Fencing

Rural


Electricity Transmission Line within aforementioned easement

Watercourse - stream order 1 (Drain)Fencing

Boundary Fencing

Residence, sheds and yards

Rural grazing

Dams & fencing

Access via Yakapari-Seaforth Rd & Bruce Hwy

Watercourses - stream order 1

Surrounding Land Uses

North - Proposed Lot 7;

East – Proposed Lot 8

South – Rural Living Lots then Bruce Highway

West – Giumellis Road; Rural Living Lots; cane

North – Proposed Lot 8

East – Proposed Lot 8

South – Proposed Lot 6

West - Giumellis Road; Rural Living Lots; cane

North – Rural Living; Yakapari-Seaforth Rd

East – Rural, then the Leap rural living lots

South –Bruce Highway; greater rural area

West – Proposed Lots 6 & 7 and cane farm


farm

Town Planning Designations

Hinterland Locality & Rural Zone


Steep Land Overlay (small mapped section over proposed building envelope, however, contours indicate slopes less than 15%)

GQAL Overlay (small mapped section over watercourse low lands - not farmed)



Steep Land Overlay (small mapped section over proposed building envelope, however, contours indicate slopes less than 15%)

Part GQAL Overlay (small mapped section over watercourse low lands - not farmed)



Part Steep Land Overlay,

Part GQAL Overlay (not farmed)

Image Corridor (Bruce Highway & Yakapari-Seaforth Rd)

Part Remnant vegetation (Endangered )

Basically the area of existing lots 3 & 23 are both proposed to be substantially reduced to create the 2 rural living lots and the balance area is proposed to be added to existing lot 22 for rural grazing purposes;

The purpose of the boundary realignment is to create: -

o a more viably sized lot for rural grazing purposes containing the existing residence, sheds and yards, dams and the best grazing land on the 3 existing lots with access from Seaforth Yakapari Road and the Bruce Highway; and

o 2 vacant rural living lots for subsequent development of dwelling houses adjacent to the existing node of rural living lots fronting Giumellis Road and the Bruce Highway with shared access arrangements from Giumellis Road.

The rural living lots have been designed to include logical building envelopes on flatter slopes along a low ridgeline, well separated from the Bruce Highway to the south, cane farms to the west, the electricity transmission line and watercourse. A common sealed access driveway is proposed to service both rural living lots, crossing over the watercourse and under the electricity transmission line. Reciprocal access easements are proposed over the common access driveway. No improvements are proposed to me made to Giumellis Road other than an improved common rural crossover. Water supply, on-site effluent disposal, stormwater drainage and connection to telephone and electricity are proposed to be provided at the time houses a subsequently developed on the proposed lots.

The rural grazing lot has been designed to contain the existing essential infrastructure associated with the existing rural grazing use of the subject lots. The proposed lot is already provided with multiple water supply sources (dams and rainwater tanks), on-site effluent disposal system, access crossovers and driveways, electricity and telephone connection. No internal or external infrastructure improvements are proposed in association with the rural grazing lot.

There are no existing buildings, infrastructure or services located within the area affected by the realignment, other than boundary fences.


4.0 APPLICATION DETAILS

Development Approval Sought & Level of Assessment

Development Permit (Reconfiguring a Lot)

Code Assessable

Referral Agencies Department of Transport & Main Roads – adjoins State controlled roads

Ergon Energy – Ergon Easement traverses the subject site

Relevant Assessment Criteria Mackay, Isaac and Whitsunday Regional Plan, to the extent it is not identified in the planning scheme as being appropriately reflected;

Applicable codes of the Mackay IPA Planning Scheme: -

o Hinterland Locality Code including Rural Zone Provisions;

o Bushfire Management Overlay;

o Development on Steep Land Overlay;

o Good Quality Agricultural Land Overlay; and

o Landscape Character (Image Corridor) Overlay.

State Planning Policies not adequately reflected by the planning scheme or regional plan and relevant to the proposal: -

o Nil

Referral Agency codes (concurrence agency), laws or policies, relevant to the proposal o Nil


An assessment of the proposal against the relevant assessment criteria identified in section 4 of this report has found the following: -

The proposed development is not in conflict with the Mackay, Isaac and Whitsunday Regional Plan. The Regional Plan does not identify any issues warranting specific discussion that are not otherwise addressed by the applicable codes of the planning scheme;

The boundary realignment concept is supported by the planning scheme as: -

o It results in an equal number of lots being created in a manner that improves the original situation in relation to enhancing or supporting the rural use of lots. It allows a lot to be created for rural grazing purposes that now exceeds the 100ha minimum lot size for rural zoned lots. It also allows 2 rural living/hobby farming sized lots located adjacent to the existing rural living/hobby farming node on Giumellis Road;

o It does not adversely impact on nearby agricultural operations or Good Quality Agricultural Land;

o It does not allow for clearing of any remnant vegetation;

o It does not adversely impact on image corridors.

o It does not adversely impact on the location or provision of existing infrastructure or services.

This is confirmed by pre-lodgement advice provided by Council’s Manager of Development Assessment on 17/08/2012, which states: -

“Council is supportive of the Boundary realignment as proposed. The standard of the access will need to be investigated to determine if the culvert crossings needs upgrading to today’s standards and if there sufficient visibility for the 2 lots which will now use this access. The building envelope is a good idea to overcome the need for a geotechnical report. The sealed access is supported although the extent of the sealing will be required which may be a function of the grade as well location of existing and future buildings but it appears that the former may be the critical factor in this regard.”

Please find a copy of the pre lodgement advice included in Appendix D of this report.

The proposed boundary realignment is not expected to adversely impact on State controlled road

operations. No additional accesses are proposed onto a State controlled road as a result of the proposed boundary realignment. Access to the rural living lots is proposed via Giumellis Road. Existing accesses to the balance rural lot are proposed to be maintained. The building envelopes shown on the proposed rural living lots are over 140m from the Bruce Highway, so noise is not expected to be an issue.

The proposed boundary realignment is not expected to adversely impact on Ergon overhead electricity infrastructure located within the afore-mentioned easements. Building envelopes shown on the proposed rural living lots are well clear of the easement. While some works will need to be undertaken across the easement to improve the standard of the existing access from Giumellis Road to the proposed building envelopes, these works will be well clear of the existing power poles and overhead lines.

5.0 PLANNING ASSESSMENT


6.0 CONCLUSION This report has been provided in support of a Development Application for a Development Permit (Reconfiguring a Lot) for a 3 into 3 lot boundary realignment. All constraints and potential issues associated with the development of the site have been identified and addressed within this report and the attached appendices. The proposal generally complies with the relevant assessment criteria or there are sufficient grounds to otherwise justify the proposal. The proposal presents a justifiable opportunity to improve the use of the land, guided by sound planning principles. Overall, it is considered that the proposed development is a positive outcome for the development of the subject site and it is recommended for approval subject to reasonable and relevant conditions.

A P P E N D I X A

IDAS Application Forms

A P P E N D I X B

Site Context Information

A P P E N D I X C

Proposal Plans

A P P E N D I X D

Development Assessment Table

A P P E N D I X A

IDAS Application Forms

QPlanDepartment of Infrastructure and Planning

Integrated Development Assessment System form

You MUST complete ALL questions unless the form indicates otherwise. Incomplete forms or forms without all necessary information and documentation will result in your application not being a properly made application.

For all development applications, you must:

• complete this form (Application details - IDAS form 1)

• complete any other forms relevant to your application

• provide any mandatory supporting information identified on the forms as being required to accompany your application.

All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation 2009.

(Sustainable Planning Act 2009 version 1.0 effective 18 December 2009)

Application Details - IDAS form 1

Applicant details (note: the applicant is the person responsible for making the application and need not be the owner of the land. The applicant is responsible for ensuring the information provided on all IDAS application forms is correct. Any development permit or preliminary approval that may be issued as a consequence of this application will be issued to the applicant.)

Please note: If there is more than one applicant, provide additional applicant details by clicking the "Add another applicant" button below.

Name/s (individual or company name in full) Craig Barnett

For companies, contact name c/- Barwon Gooch of RPS Mackay

Postal address PO Box 1895 MACKAY Q 4740

Contact phone number 07 49533 577

Mobile number (non-mandatory)

Fax number (non-mandatory)

e-mail address (non-mandatory) [email protected]

1. What is the nature of development proposed? (tick all applicable boxes)

material change of use of premises

building work

operational work

reconfiguring a lot

Application Details - IDAS form 1 Version 1.0 18 December 2009

2. What type of approval is being sought?

development permit

preliminary approval

both - provide details below

3. Is the application for a mobile and temporary environmentally relevant activity (ERA)?

No

Yes - complete table A and then go to question 5

4. Location of the premises (complete table B and/or table C as applicable. Identify each lot in a separate row)

Table B - street address/lot for the premises or street address/lot on plan for the land adjoining or adjacent to the premises

Street No.

Street name and official suburb/locality name

Lot on plan description

Lot No.Post code

Plan type and plan no.

Local government area (e.g. Logan,Cairns)Unit

No.

Street Address

1 BRUCE HWY HAMPDEN 4741 3 SP215390 Mackay Regional Council

Street address / lot on planStreet address / lot on plan for the land adjoining or adjacent to the premises (appropriate for development in water e.g. jetty, pontoon)

2 NICOL RD HAMPDEN 4741 22 SP215390 Mackay Regional Council


3 275 YAKAPARI SEAFORTH RD HAMPDEN 4741 23 SP215390 Mackay Regional Council


Northing LatitudeEasting LongitudeDatum Local government

area (If applicable)Zone

reference

Table C - premises coordinates (appropriate for development in remote areas, over part of a lot or in water e.g. channel dredging in Moreton Bay)

Coordinates (note: place each set of coordinates in a separate row)

1

GDA94

WGS84

other

Mackay Regional Council


2

GDA94

WGS84

other


3

GDA94

WGS84

other


5. Total area of the premises on which the development is proposed (indicate hectares or m²)

1,714,400 m²6. Current use/s of the premises (e.g. vacant land, house, apartment building, cane farm, etc.)

1 Rural grazing on all lots House on lot 22

7. Provide a brief description of the proposal (e.g. six unit apartment building, 30 lot residential subdivision etc.)

Rural Boundary Realignment to create 2 rural living lots and 1 rural grazing lot with existing residence


8. Is owner's consent required for this application? (refer to notes at the end of this form for more information)

No

Yes - complete either table D, table E or table F as applicable

Table D (note: do not complete this table if lodging the application on-line using Smart eDA)

Name of owner/s of the land

I/We, the above-mentioned owner/s of the land, consent to the making of this application.

Signature of owner/s of the land

Date

Table E

Name of owner/s of the land CRAIG BARNETT

The owner's written consent is attached or will be provided separately to the assessment manager

Table F

Name of owner/s of the land

By making this application, I, the applicant, declare that the owner has given written consent to the making of the application.

9. Does the application involve a state resource? (e.g. the application involves state land, or taking quarry materials. Refer to the notes at the end of this form for more information)

No Yes - complete table G

10. Identify if any of the following apply to the premises (tick applicable box/es)

adjacent to a water body, watercourse or aquifer (e.g creek, river, lake, canal) - complete table H

on strategic port land under the Transport Infrastructure Act 1994 - complete table I

in a tidal water area - complete table J

No Yes - ensure the type, location and dimension of each easement is included in the plans submitted

11. Are there any existing easements on the premises? (e.g. for vehicular access, electricity, overland flow, water, etc.)


12. Does the proposal include new building work or operational work on the premises? (including any services)

No Yes - ensure the nature, location and dimensions of proposed works are included in plans submitted

13. Is the payment of a portable long service leave levy applicable to this application? (refer to the notes at the end of this form for more information)

No - Go to question 15 Yes

15. Has the local government agreed to apply a superseded planning scheme to this application under section 96 of the Sustainable Planning Act 2009?

No

Yes - provide details below

16. List below all of the forms and supporting information that accompany this application (include all IDAS forms, checklists, mandatory supporting information etc. that will be submitted as part of this application. Note: this question does not apply for applications made online using Smart eDA)

Method of lodgement to assessment managerDescription of attachment or title of attachment

1

17. Applicant's declaration

By making this application, I declare that all information in this application is true and correct (note: it is unlawful to provide false or misleading information).


Notes for completing this form Question 8: • Section 263 of the Sustainable Planning Act 2009 sets out when the consent of the owner of the land is required for an application. Section 260(1)(e) of the Sustainable Planning Act 2009 provides that if the owner's consent is required under section 263, then an application must contain, or be accompanied by, the written consent of the owner, or include a declaration by the applicant that the owner has given written consent to the making of the application. • Owner's consent is not required for a mobile and temporary ERA. Question 9: • Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a state resource, a regulation may require the application to be supported by certain evidence prescribed under the regulation. Schedule 14 of the Sustainable Planning Regulation 2009 prescribes the state resources for which evidence is required to be given, and the evidence required, to support the application. Question 13: • The Building and Construction Industry (Portable Long Service Leave) Act 1991 prescribes when the portable long service leave levy is payable. • The portable long service leave levy amount and other prescribed percentages and rates for calculating the levy are prescribed in the Building and Construction Industry (Portable Long Service Leave) Regulation 2002. Question 14: • The portable long service leave levy need not be paid when the application is made, but the Building and Construction Industry (Portable Long Service Leave) Act 1991 requires the levy to be paid before a development permit is issued. • Building and Construction Industry Notification and Payment Forms are available from any Queensland post office or agency, on request from QLeave, or can be completed on the QLeave website at www.qleave.qld.gov. au. For further information contact QLeave on 1800 803 481 or www.qleave.qld.gov.au.

Privacy -the information collected in this form will be used by the Department of Infrastructure and Planning (DIP) in accordance with the processing and assessment of your application. Your personal details will not be disclosed for a purpose outside of the IDAS process, except where required by legislation (including the Right to Information Act 2009) or as required by Parliament. This information may be stored in a departmental database. The information collected will be retained as required by the Public Records Act 2002.

OFFICE USE ONLY

Date received Reference numbers

NOTIFICATION OF ENGAGEMENT OF A PRIVATE CERTIFIER

To: Council. I have been engaged as the private certifier for the building work referred to in this application.

Building classification/s

Date of engagement

BSA Certification license numberName


QLeave Project Number Date paidDescription of the work Amount

paid ($)

Date receipted form sighted by assessment manager

Name of officer who sighted the form

QLEAVE NOTIFICATION AND PAYMENT (for completion by assessment manager or private certifier if applicable)

1

The Sustainable Planning Act 2009 (SPA) is administered by the Department of Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agencies.

Integrated Development Assessment System form

QPlanDepartment of Infrastructure and Planning

(Sustainable Planning Act 2009 version 1.0 effective 18 December 2009)

Reconfiguring a lot - IDAS form 7

This form must be completed for development applications for reconfiguring a lot.

You MUST complete ALL questions unless the form indicates otherwise. Incomplete forms or forms without all necessary information and documentation will result in your application not being a properly made application.

For all development applications, you must:

• complete Applicant details - IDAS form 1

• complete any other forms relevant to your application • provide any mandatory supporting information identified on the forms as being required to accompany your application. All terms used on this form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation 2009. This form can also be used for development on strategic port land under the Transport Infrastructure Act 1994.

1. What is the total number of existing lots making up the premises? 3

subdivision - complete questions 3-6 and 11

boundary realignment - complete questions 8, 9 and 11

creating an easement giving access to a lot from a constructed road - complete questions 10 and 11

dividing land into parts by agreement - please provide details below and complete questions 7 and 11

2. What is the nature of the lot reconfiguration? (tick applicable box/es)

8. What are the current and proposed dimensions following the boundary realignment for each lot forming the premises?

Current Lot Proposed Lot

Lot on plan description AreaLength of

road frontage

Lot number Area Length of road frontage

1 Lot 3 on SP215390 71.85 ha 1km + Lot 7 3.17 ha 105m

2 Lot 22 on SP215390 32.86 ha 320m Lot 8 166.28 ha 1.095km

3 Lot 23 66.73ha 320m Lot 6 1.99 ha 145m

Reconfiguring a lot - IDAS form 7 Version 1.0 18 December 2009

9. What is the reason for the boundary realignment?

To create a single larger rural grazining lot with the exisitng residence and2 rural living sized lots

Mandatory supporting information Method of lodgement

Confirmation of lodgement

11. Confirm that the following mandatory information accompanies this application

confirmedelectronic (Smart eDA)

site plans drawn to scale (1:100, 1:200 or 1:500 are the recommended scales) which show the following: • the location and site area of the land to which the application relates (relevant land) • the north point • the boundaries of the relevant land • any road frontages of the relevant land, including the name of the road • the contours and natural ground levels of the relevant land • the location of any existing buildings or structures on the relevant land • the allotment layout showing existing lots, any proposed lots (including

the dimensions of those lots), existing or proposed road reserves, building envelopes and existing or proposed open space (note: numbering is required for all lots)

• any drainage features over the relevant land, including any watercourse, creek, dam, waterhole or spring and any land subject to a Q100 flood event

• any existing or proposed easements on the relevant land and their function

• all existing and proposed roads and access points on the relevant land • any existing or proposed car parking areas on the relevant land • the location of any proposed retaining walls on the relevant land and

their height • the location of any stormwater detention on the relevant land • the location and dimension of any land dedicated for community

purposes • the final intended use of any new lots

electronic (Smart eDA)confirmeda statement about how the proposed development addresses the local government's planning schemes and any other planning documents relevant to the application

Notes for completing this form: • This form can also be used for reconfiguring a lot against the land use plan for Cairns airport land or Mackay

airport land. Whenever a planning scheme is mentioned, take it to mean land use plan for the airport land Privacy - please refer to your local council for further details on the use of information recorded in this form.

Reference NumbersDate Received

OFFICE USE ONLY

The Sustainable Planning Act 2009 is administered by the Department of Infrastructure and Planning. This form and all other required application materials should be sent to your assessment manager and any referral agencies.

A P P E N D I X B

Site Context Information

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CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 14490240Search Date: 22/08/2012 11:00 Title Reference: 50746433 Date Created: 14/11/2008 Previous Title: 20561090 20561092 20654160 21017233 REGISTERED OWNER Dealing No: 713628667 15/12/2010

JOANNE ELIZABETH BARNETT ESTATE AND LAND Estate in Fee Simple LOT 3 SURVEY PLAN 215390 County of CARLISLE Parish of HAMPDEN Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 10458167 (POR 756B) Deed of Grant No. 20109159 (POR 22V) Deed of Grant No. 20109160 (POR 23V) Deed of Grant No. 20109161 (POR 24V) 2. EASEMENT IN GROSS No 705182804 13/11/2001 at 11:22 burdening the land ERGON ENERGY CORPORATION LIMITED A.C.N. 087 646 062 over EASEMENT A ON SP136322 3. MORTGAGE No 713628668 15/12/2010 at 15:08 NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No

Caution - Charges do not necessarily appear in order of priority

** End of Current Title Search **

COPYRIGHT THE STATE OF QUEENSLAND (DEPT OF NATURAL RESOURCES AND MINES) [2012]Requested By: D APPLICATIONS ABR Page 1/1

CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 14490332Search Date: 22/08/2012 11:06 Title Reference: 50746434 Date Created: 14/11/2008 Previous Title: 20561090 20654160 REGISTERED OWNER Dealing No: 713472300 20/09/2010

JOANNE ELIZABETH BARNETT ESTATE AND LAND Estate in Fee Simple LOT 22 SURVEY PLAN 215390 County of CARLISLE Parish of HAMPDEN Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 10458167 (POR 756B) Deed of Grant No. 20109159 (POR 22V) 2. EASEMENT No 713331482 05/07/2010 at 12:30 benefiting the land over EASEMENT A ON SP237248 3. MORTGAGE No 713472301 20/09/2010 at 11:28 NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




CURRENT TITLE SEARCH DEPT OF NATURAL RESOURCES AND MINES, QUEENSLAND Request No: 14490310Search Date: 22/08/2012 11:04 Title Reference: 50746435 Date Created: 14/11/2008 Previous Title: 20561090 20561092 21017233 REGISTERED OWNER Dealing No: 714169764 18/11/2011

JOANNE ELIZABETH BARNETT ESTATE AND LAND Estate in Fee Simple LOT 23 SURVEY PLAN 215390 County of CARLISLE Parish of HAMPDEN Local Government: MACKAY EASEMENTS, ENCUMBRANCES AND INTERESTS 1. Rights and interests reserved to the Crown by Deed of Grant No. 20109159 (POR 22V) Deed of Grant No. 20109160 (POR 23V) Deed of Grant No. 20109161 (POR 24V) 2. EASEMENT IN GROSS No 705182804 13/11/2001 at 11:22 burdening the land ERGON ENERGY CORPORATION LIMITED A.C.N. 087 646 062 over EASEMENT A ON SP136322 3. MORTGAGE No 714169765 18/11/2011 at 12:19 NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937 ADMINISTRATIVE ADVICES - NILUNREGISTERED DEALINGS - NIL CERTIFICATE OF TITLE ISSUED - No




114109-1-P01 A

RURAL BOUNDARY REALIGNMENT (3 Lots)

(A3)

HAMPDEN

HAMPDEN

CARLISLE

MACKAY REGIONAL COUNCIL

CRAIG BARNETT

1:1500 27/08/2012 114109-1

-- --

BG 22/08/2012

GJW

BG

-- ----

-- ----

--

27/08/2012

04/09/2012

275 YAKAPARI-SEAFORTH ROAD, THE LEAPLots 3, 22 & 23 on SP215390

1 of 41:1000

not permitted. Please contact the author.

Unauthorised reproduction or amendment

COPYRIGHT PROTECTS THIS PLANC

+61 7 4953 3577

+61 7 4953 3622

Mackay QLD 4740

Level 1, 38 Wellington Street

PO Box 1895

ACN 140 292 762

ABN 44 140 292 762

TF

W

RPS Australia East Pty Ltd

rpsgroup.com.au

IMPORTANT NOTE

1. This plan was prepared for the sole purposes of the client for the specific purpose of producing a concept plan. This plan

is strictly limited to the Purpose and does not apply directly or indirectly and will not be used for any other application,

purpose, use or matter. The plan is presented without the assumption of a duty of care to any other person (other than

the Client) ("Third Party") and may not be relied on by Third Party.

2. RPS Australia East Pty Ltd will not be liable (in negligence or otherwise) for any direct or indirect loss, damage, liability or

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a. a Third Party publishing, using or relying on the plan;

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e. the Client or any Third Party not verifying information in this plan where recommended by RPS Australia East Pty

Ltd;

f. lodgment of this plan with any local authority against the recommendation of RPS Australia East Pty Ltd;

g. the accuracy, reliability, suitability or completeness of any approximations or estimates made or referred to by RPS

Australia East Pty Ltd in this plan.

3. Without limiting paragraph 1 or 2 above, this plan may not be copied, distributed, or reproduced by any process unless

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4. This plan was prepared as a concept plan only and accuracy of all aspects of the plan have not been verified. No reliance

should be placed on the plan and RPS Australia East Pty Ltd accepts no responsibility for any loss or damage suffered

howsoever arising to any person who may use or rely on this plan.

114109-1-P01 A


(A3)

HAMPDEN

HAMPDEN

CARLISLE


CRAIG BARNETT

1:7500 27/08/2012 114109-1

-- --

BG 22/08/2012

GJW

BG

-- ----

-- ----

--

27/08/2012

04/09/2012


2 of 41:1000




+61 7 4953 3577

+61 7 4953 3622

Mackay QLD 4740


PO Box 1895

ACN 140 292 762

ABN 44 140 292 762

TF

W


rpsgroup.com.au

IMPORTANT NOTE













Ltd;









114109-1-P01 A


(A3)

HAMPDEN

HAMPDEN

CARLISLE


CRAIG BARNETT

1:1500 27/08/2012 114109-1

-- --

BG 22/08/2012

GJW

BG

-- ----

-- ----

--

27/08/2012

04/09/2012


3 of 41:1000




+61 7 4953 3577

+61 7 4953 3622

Mackay QLD 4740


PO Box 1895

ACN 140 292 762

ABN 44 140 292 762

TF

W


rpsgroup.com.au

IMPORTANT NOTE













Ltd;









barwong

Callout

Proposed building envelopes (slopes less than 15%)

barwong

Line

barwong

Callout

Proposed upgrade of existing access (including culverts over watercourse and driveway sealing) within a reciprocal access easement for common use of Lots 6 & 7

114109-1-P01 A


(A3)

HAMPDEN

HAMPDEN

CARLISLE


CRAIG BARNETT

1:6000 27/08/2012 114109-1

-- --

BG 22/08/2012

GJW

BG

-- ----

-- ----

--

27/08/2012

04/09/2012


4 of 41:1000




+61 7 4953 3577

+61 7 4953 3622

Mackay QLD 4740


PO Box 1895

ACN 140 292 762

ABN 44 140 292 762

TF

W


rpsgroup.com.au

IMPORTANT NOTE













Ltd;









A P P E N D I X D

Development Assessment Table

1

Barwon Gooch

From: Barwon GoochSent: Friday, 17 August 2012 3:19 PMTo: '[email protected]'Subject: 120817 Council Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots

3, 22 & 23 on SP215390Attachments: Craig Barnett - 275 Yakapari Seaforth Road.pdf

Hi Craig, Good news, Council supports the proposed boundary realignment concept. See their response to our query below. On this basis, do you want us to now proceed with making the application? Cheers Barwon

From: John Caldwell [mailto:[email protected]] Sent: Friday, 17 August 2012 10:34 AM To: Barwon Gooch Cc: Samantha Forrest; Leah Harris Subject: FW: 120712 Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots 3, 22 & 23 on SP215390 Barwon, Council is supportive of the Boundary realignment as proposed. The standard of the access will need to be investigated to determine if the culvert crossings needs upgrading to todays standards and if there sufficient visibility for the 2 lots which will now use this access.The building envelope is agood idea to overcome the need for a geotechnical report.T he sealed access is supported although the extent of the sealing will be required which may be a function of the grade as well location of existing and future buildings but it appears that the former may be the critical factor in this regard.

Regards,

John Caldwell | Manager Development Assessment | Mackay Regional Council 07 4961 9172 | 07 4944 2411 | [email protected]| www.mackay.qld.gov.au

Samantha- to register

PLEASE NOTE:

THE VIEWS EXPRESSED HERE ARE AN OFFICER'S OPINION BASED ON THE INFORMATION PROVIDED AND RELEVANT CURRENT POLICY AND LEGISLATION.

LODGEMENT OF A DEVELOPMENT APPLICATION IN THE FUTURE MAY RAISE OTHER ISSUES NOT CONSIDERED HERE AND THEREFORE THE ABOVE ADVICE DOES NOT BIND COUNCIL IN ANY WAY WHEN CONSIDERING A FUTURE DEVELOPMENT APPLICATION.

2

From: Barwon Gooch [mailto:[email protected]] Sent: Thursday, 16 August 2012 11:00 AM To: John Caldwell Subject: FW: 120712 Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots 3, 22 & 23 on SP215390 Hi John, Thanks for the meeting. As discussed, here is one of queries which has now been outstanding for about a month. Cheers Barwon

From: Barwon Gooch Sent: Tuesday, 31 July 2012 9:06 AM To: Leah Harris Cc: 'John Caldwell' Subject: FW: 120712 Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots 3, 22 & 23 on SP215390 Hi Leah, Following up on this one – when do you think you’ll be able to have a look at it? Cheers Barwon

From: Barwon Gooch Sent: Thursday, 19 July 2012 3:45 PM To: 'Leah Harris' Cc: 'John Caldwell' Subject: FW: 120712 Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots 3, 22 & 23 on SP215390 Hi Leah, Any word on this one yet? Cheers Barwon

From: Barwon Gooch Sent: Thursday, 12 July 2012 12:46 PM To: [email protected] Subject: 120712 Preliminary Advice - Proposed rural boundary realignment (3 lots) - Lots 3, 22 & 23 on SP215390 Hi Leah, Please refer to attached background information and proposal plan sketch for a proposed rural boundary realignment.

3

The proposed boundary realignment will create two rural living lots (5ha ish) and a balance 160ha grazing lot from the existing 32ha, 66ha & 72ha lots. The two rural living lots are proposed to be accessed from Guimellis Road (which provides the legal access to 2 of the existing 3 lots) via a new sealed common driveway which will require culverts where it crosses an existing low point mapped as watercourse. Building envelopes are proposed to be located on parts of the site with slopes well less than 15%, on which houses could currently be constructed. The proposed location of the rural living lots is consistent with the existing pattern of subdivision in the immediate locality which is characterised by a number of rural living lots (accessed from Guimellis Road & the Bruce Highway). The subject site is not mapped as strategic cropping land. DTMR will be a referral agency for the application as the subject site adjoins the Bruce Highway & Yakapari Seaforth Road. I expect the proposed boundary realignment is likely to be supported by Council. Do you agree? Do you foresee any issues which need to be addressed? Cheers Barwon

Barwon Gooch Senior Planner E [email protected] W www.rpsgroup.com.au

Level 1, 38 Wellington Street, Mackay, QLD, Australia, 4740

PO Box 1895, Mackay, QLD, 4740 T +61 7 4953 3577 F +61 7 4953 3622 M 0417 602 701

This message (including any attachments) is intended for the use of the person or entity named above and may contain information that is private, confidential or privileged. If you are not the intended recipient you are not authorised to disclose, distribute, copy or use of this message. If you have received this communication in error, please contact the writer immediately on p: +61 7 4953 3577. While RPS takes all reasonable precautions to ensure that its computer systems are free of viruses, it will not be liable for any loss, damage, liability, or claim arising out of or incidental to any damage to the computer system of a recipient of communications or documents originating from RPS and recipients receive communications from RPS at their own risk

Code Compliance Assessment Tables

Page 1

Mackay Hinterland Locality Code Mackay Hinterland Locality Code SPECIFIC OUTCOMES

PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

P1 Commercial development occurs on land included in the Commercial zone and does not detract from the network of centres referred to in the planning scheme.

S1 No solution specified.

Not applicable to the proposed development.

P2 Tourist developments in the Hinterland locality: (i) protect the coast and coastal waters, and the Clarke Range system; (ii) achieve a level of visitation within the capacity of the site to accept the consequential changes without detriment to the environmental or recreational quality of the setting including landscape character; (iii) avoid remote locations which create need for a large workforce to commute to a remote location or require a large resident or live-in workforce; (iv) exhibit a number of the following characteristics: (a) proximity to infrastructure and services adequate to meet the day-to-day needs of the tourist population likely to be generated by development on the site; (b) proximity to a natural attraction without the potential for adverse effects upon the attributes or values which give rise to the attractiveness of the site; (c) an area of land sufficient to contain fully the extent of the proposed development and the potential impacts likely to flow from it; and (d) located on land suitable in its physical characteristics to accommodate the form, scale and intensity of development proposed without imposing unnecessary or unacceptable impacts upon the surrounding area, including: (A) clearing of extensive areas of natural vegetation or marine plants.




Page 2

Mackay Hinterland Locality Code SPECIFIC OUTCOMES

PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

P3 Land uses establishing adjacent to industrial areas and key extractive resources areas which are incompatible with those areas include a buffer which mitigates any adverse impacts from the industrial use on the new use.


Not applicable to the proposed development

P4 Rail infrastructure corridors are protected from the constraining effects of proximate, sensitive land uses by establishment of buffers, acoustic screens or other forms of physical separation. Where development occurs in close proximity to a rail corridor, mitigation measures in the design and siting of buildings and recreation space are provided.



P5

The establishment of activities within the rail corridor 6, including rail freight yards, stations and shunting yards, has regard for the environmental impacts upon adjacent and adjoining properties.



P6 The network of cane tramways is protected from the effects of incompatible development. New estate development for urban residential, rural residential or village purposes is planned to minimise the potential for tramway traffic to conflict with vehicular, bicycle or pedestrian traffic through a combination of careful design and maintenance of adequate buffers or separations.



P7 New development on land in the Rural Residential and Village zones, adopts or creates new traffic and transport systems which: (i) are based on the hierarchy of roads; (ii) are appropriate to the transport and traffic tasks required by the proposed development, having regard




Page 3

Mackay Hinterland Locality Code SPECIFIC OUTCOMES

PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

to its scale, intensity and character; (iii) are linked efficiently and safely with the existing road network; (iv) promote the safe movement of traffic, cyclists and pedestrians throughout the development area; and (v) minimise the potential for through traffic and local traffic conflicts and for industrial and non-industrial traffic conflicts. P8 Land uses on sites adjacent to the Bruce Highway have limited direct access to the highway in accordance with the requirements and specifications of the Department of Main Roads.


Complies. No additional access is proposed to the Bruce Highway as a consequence of the boundary alignment. The primary access to the rural grazing lot will be from Yakapari-Seaforth Road with secondary accesses from the Bruce Highway via existing access point for Lot 3 (The rural grazing lot will also have frontage to the unformed road reserve adjoining the western boundary of the subject site which currently is under a road license for cane growing). The primary access for the 2 rural living lots will be from the formed section of Giumellis Road. No access from the Bruce Highway is proposed to the rural living lots.

P9 Open space areas are protected from potential impacts of development through: (i) limiting development within open space areas to low impact activities, facilities and works that maintain the values of the area; (ii) locating development on adjoining land in parts of the site less likely to have adverse effects; (iii) providing buffers to open space areas of sufficient width to mitigate any adverse effects; and (iv) adopting impact mitigation and management measures for development likely to cause adverse effects.




Page 4

MACKAY HINTERLAND LOCALITY RURAL ZONE SPECIFIC OUTCOMES

ACCEPTABLE / PROBABLY SOLUTIONS

COMMENTS

ASSESSABLE DEVELOPMENT P1 The use of land within the Rural Zone for rural purposes is sustainable over the long term by: (i) avoiding fragmentation of agricultural lots; and (ii) using the land according to industry best practice, including: (a) risk reduction for natural hazards such as bushfire, flooding, land slips and soil erosion; (b) the management of weeds and pests; (c) waste reduction and management; (d) ensuring the intensity of use is in keeping with the capacity of the land.

S1 No solution specified

Complies with specific outcome P1 i) Not fragmenting agricultural lots - See comments in relation to

GQAL Overlay Code ii) Not compromising the use of the land for industry best practice as it

does not: - a. increase risk for natural hazards (see comments in relation to

Bushfire & Steep land overlay codes), b. affect the management of weeds and pests c. affect the management of waste; or d. intensify uses beyond carrying capacity of the land

P2 The major infrastructure supporting the sugar industry mills, and associated network of tramways and haul-out roads is protected from the effects of encroaching sensitive land uses


Complies. The subject site is well separated from these facilities and infrastructure.

P3 Any expansion of either the Pleystowe and Racecourse mills is designed to mitigate any adverse impacts on surrounding land.



P4 Intense forms of rural activity requiring upgrade of the existing service infrastructure, are located within reasonable proximity to the urban area of Mackay and the Port of Mackay, providing that the environmental impacts can be managed and the particular nature of the activity does not require a more remote location.



P5 Non-rural activities do not occur on land included in the Rural Zone


Complies.

P6 Rural residential development does not occur.


See comments in relation to boundary realignment in the rural zone – P3


Page 5

Reconfiguration of a Lot Code SPECIFIC OUTCOMES

PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

OVERALL DESIGN

P1 The proposed lot layout facilitates the desired future use of land in accordance with the relevant Locality Code by: (i) Establishing an orderly and acceptable land use pattern; (ii) Providing a road network consistent with the road hierarchy

identified on the Key Infrastructure Maps (A and B); (iii) Providing a network, incorporating linkages, of public open

space meeting community needs and protecting valuable features; and

(iv) Providing an integrated drainage system based on natural drainage patterns and ecological processes.

S1. No solution specified

Complies, to the extent relevant. See comments in relation to boundary realignment in the rural zone – P3

LOT AREAS & DIMENSIONS

P1 Each lot has an area and dimensions such that it: (i) is suitable for the range of likely uses; (ii) offers a high level of utility and amenity for its subsequent use

and the use of adjoining allotments by providing ample opportunity for the separation of uses within adjoining lots;

(iii) where in the Higher Density Residential zone, is able to be developed to achieve the desired dwelling unit density levels for the zone; and

(iv) does not prejudice the desired future use of the land such that: a) suitable access is provided for pedestrians, cyclists, and

vehicles; and b) adequate provision is made for any other area necessary

for the conduct of the intended use for the site; (v) takes account of the physical characteristics of the site; and (vi) provides efficient servicing of the lot. (vii) Where on site effluent disposal is proposed, the allotment

size and dimensions need to take into consideration the following issues:

S1. No solution specified

Complies. The boundary realignment results in a more viably sized rural grazing lot and 2 rural living/hobby farming lots. The benefit of the proposed boundary realignment is that it allows for improved practical access to the building pad on existing Lot 4 taking into account the physical characteristics of the site. The existing access track on existing Lot 4 winds its way back and forth across some of the steepest sections of the lot and an area of endangered remnant vegetation. The location for the proposed access driveway avoids the area of endangered remnant vegetation following the spur and ridgeline of the existing hillside resulting in a shorter, flatter and more stable access with no watercourse or drainage line crossings, better advancing the outcomes sought by SPP1/03 Landslide, which overrides SPP1/12 (section 2.13 of SPP1/12).


Page 6


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

the number of existing on site domestic water treatment plant systems in the locality;

the cumulative effect of the proposed and existing systems in the locality on water quality objectives for waters in the locality;

the size of the lots and the soil types, land slopes, hydrology and hydrogeology in the locality;

the proximity of systems to surface water and ground waters in the locality

the rainfall and other climatic conditions of the locality; the existing quality of waters in the locality and the water

quality objectives for the waters; any relevant ground water protection plan.

P2 Each lot is consistent with the minimum area and dimensions as set out in Table 9-18.1 Minimum Area & Dimensions. Table 9-18.1 Minimum Area & Dimensions Zones Area Frontage

Rural 100 ha

Rural Residential 1 ha 60m

Industry (Low Impact)

2,500m² 30m

Industry (High Impact)

3,500m² 35m

City Centre Zones (1)

No minimum area or dimension specified

Commercial No minimum area or dimension specified

Public Purposes No minimum area or


Not applicable. The existing lots do not comply with the minimum area for the Rural zone – see P3 below


Page 7


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

dimension specified

Sport & Recreation No minimum area or dimension specified

Open Space No minimum area or dimension specified

Special Activities No minimum area or dimension specified

Zones Area Frontage

Urban Residential Minimum 300m²

10m

Higher Density Residential

800m² 20m

Village 1000m² 20m

(Note: (1) Zones located in the City Centre Locality Code) P3 In the Rural Zone, new lots are not created unless: (i) the result of the reconfiguration is that new lots and the

balance lot are above the minimum area stated for the Rural Zone; or

(ii) the result of the reconfiguration is that an equal or lesser number of lots is created and the utility and accessibility of all subject lots is an improvement on the original situation in relation to enhancing or supporting the rural use of the lots.


Complies with P3 (ii). The boundary realignment results in an equal number of lots being created in a manner that improves the original situation in relation to enhancing or supporting the rural use of lots. It allows a lot to be created for rural grazing purposes that now exceeds the 100ha minimum lot size for rural zoned lots. It also allows 2 rural living/hobby farming sized lots located adjacent to the existing rural living/hobby farming node on Giumellis Road. See comments for the Overlay Codes in relation to the suitability of the proposed rural living/hobby farming sized lots.

P4 Irregular shaped lots are designed to have: (i) a frontage to depth ratio of no more than 1:3; (ii) for land in the Urban Residential Zone:

a) a minimum frontage of 10m to any cul-de-sac road or along any curved road alignment; and

b) an area within the lot with the minimum dimensions of 15


Not applicable.


Page 8


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

by 15m; and (iii) for land in the Higher Density Residential Zone, a minimum

width of 20m at a point 6 m in the lot parallel to the longest road frontage.

P5 Battleaxe lots do not occur in any proposal for reconfiguring a lot that creates more than 1 additional lot. Battleaxe lots are provided only where: (i) there is no increase in the density that is applicable to the

zone that the subject land is included in; (ii) the lot handle is not less than 5m in width; (iii) both sides of the lot handle are landscaped for the full length

of the handle; (iv) the maximum length of the lot handle is not greater than the

minimum depth specified in Table 9-18.1 Minimum Area and Dimensions;

(v) the area of the lot handle is not included in the calculation of the area of the lot for minimum area purposes; and

(vi) for land in the Urban Residential Zone, two adjacent lots have a combined frontage of 50% of the minimum road frontage for a single lot, and a common access drive is provided between the kerb and the head of the access handle.


Not applicable – existing battle-axe shaped lot to be maintained.

Small Lots in the Urban Residential Zone

P1 Lots having areas less than 450m²

or an average width less than

18 m enable the design and siting of buildings such that they do not detract from the amenity or character of the area.

S1 Development proposals where lots with areas 450m² or less are proposed are accompanied by a Plan of Development showing at least the following: North Point Access to lots Footprint of buildings on subject lots Footprints of buildings on adjoining

lots

Not Applicable


Page 9


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

Building setbacks Existing and proposed services. S2 Lots having areas less than 350m² form part of an integrated residential development of at least 4 lots, except where: (i) the lot is located in a Residential Character Area; and (ii) there is an existing dwelling of character located on the existing residential lot; In which case, such a lot, less than 350m² will be considered, if the existing dwelling of character is retained.

Road Layout and Design

P1 Each road has sufficient reserve and pavement width to cater for all the functions that the road is expected to fulfil, including: (i) the safe and efficient movement of all users, (ii) provision for parked vehicles, (iii) provision of cycle and pedestrian networks; (iv) provision of public utilities landscaping, sound attenuation; and (v) public transport use.

S1 Road layout and design complies with the Engineering Design Guidelines Planning Scheme Policy.

Not applicable

P2 The road layout is designed to have street intersections: (i) as T-junctions, roundabouts or other appropriate means; and (ii) adequately spaced to enable efficient and safe operation.

S2 The road layout provides corner truncations including: (i) at major intersections, acute angled intersections, not less than a 10m

x3

chord truncation; and (ii) at minor intersections, not less than a 6m

x3 chord truncation.

Not applicable

P3 S3


Page 10


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

Roads are designed to make provision for adjoining potential development sites.

The road layout indicates possible connections to external roads and provision to service adjoining development sites.

Not applicable

P4 All lots have frontage to a road.

S4 Lots do not rely on an easement for access to a road.

Complies

Open Space Requirements

P1 In residential, commercial and industrial areas, public open space is provided as part of development involving reconfiguration of a lot: (i) as part of a linked open space system for safe pedestrian and cycling paths linking centres; (ii) in a location, size and shape to satisfy the local, district or regional recreational needs of the community; and (iii) to have a multi-functional role such as for stormwater management or fauna habitat. Note: Guidelines for complying with Council information requirements is detailed in the Open Space Planning Scheme Policy.

S1 The provision and design of open space complies with the requirements of the Open Space Planning Scheme Policy and the Parks Contributions Planning Scheme Policy.

Not applicable

Community Title

P1 Community Title Development for a specific use is provided at the same density for that use in the relevant zone and locality codes in which the site is located and the overall and specific outcomes for the relevant zone and locality codes apply.



Infill Development

P1 S1 Not applicable


Page 11


PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

Infill development addresses the social outcomes of IPA. Infill development achieves sustainable development outcomes, and occurs where amenity is addressed and achieves integrated networks of pleasant and safe public areas and cultural, recreational or social interaction are provided within well-serviced communities.


Page 12

Environment and Infrastructure Code

Environment and Infrastructure Code SPECIFIC OUTCOMES

PROBABLE SOLUTIONS

COMMENTS

COUNCIL USE ONLY

Infrastructure - Infrastructure Provision

P1 Adequate infrastructure is provided in time to meet the needs of the development.

S1 The timing for provision of infrastructure for development complies with the standards and contribution requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Other than the need for improved vehicle access arrangements from Giumellis Road for the proposed rural living lots, no additional infrastructure is expected to be needed to be provided at the time of subdivision. See comments below

P2 Premises are provided with appropriate areas of private and public open space. Note: Guidance in regards to the design and provision of open space is provided in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy.

S2 The provision of open space complies with the standards and requirements detailed in the Open Space Planning Scheme Policy and the Contributions Planning Scheme Policy

Not applicable

P3 Premises have (i) an adequate, safe and reliable supply of water, including potable water, and is connected, where possible, to an existing reticulated water supply. (ii) the planning and design of potable water infrastructure considers Water Sensitive Urban Design (WSUD) such as water conservation initiatives.

S3.1 Premises are connected to Council’s reticulated water supply system . S3.2 If connection to Council’s reticulated water supply system is not possible, a potable water supply is provided in accordance with the standards detailed in the Engineering Design guidelines Planning Scheme Policy).

Council to include standard ‘potable water supply’ condition for the proposed rural living lots allowing either bore or potable water supply at the time a house is constructed on the lot.

The proposed boundary realignment will not impact on existing water supply for the rural grazing lot, which includes a combination of dam, bore and rainwater supplies.

P4 Treatment and disposal of waste water ensures: (i) no adverse ecological impacts on the environment, particularly nearby receiving environments including surface waters and ground water; and (ii) the cumulative impacts of on site waste water treatment will not cause deterioration of environmental conditions; (iii) the planning and design of wastewater infrastructure

S4.1 Connection to Council’s reticulated sewerage treatment system; or. S4.2 Where connection to Council reticulated sewerage system is not possible, and where 20 people or less, Council will refer to the requirements of the Environmental Protection (Water) Policy 1997 and the On Site Sewerage

Council to include standard ‘on-site effluent disposal’ condition for the proposed rural living lots.

The proposed boundary realignment will not impact on the existing on-site effluent disposal system for the existing residence on the proposed rural grazing lot


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considers Water Sensitive Urban Design (WSUD) such as wastewater management measures.

Code (NR&M July 2002) and AS 1547. to ensure the premises are suitable for effluent disposal. S4.3 Where more than 20 people, no solution specified.

Stormwater Management

P5 Drainage works are planned for and designed to ensure that adjoining land and the existing upstream and downstream drainage systems are not adversely affected by development, taking into account: (i) Water Sensitive Urban Design (WSUD) principles such as: - protect natural systems; - enhance natural waterway systems within urban development using natural channel design principles; - detention of stormwater instead of rapid conveyance; - minimise impervious areas; - utilisation of stormwater to conserve potable water; - integrate stormwater treatment into the landscape; - water efficient landscaping; and - protection of water related environmental values. (ii) need for a stormwater system that can be economically maintained; (iii) safety of pedestrians and vehicles; (iv) location of discharge; (v) construction of buildings, structures or paving up to site boundaries which avoid blocking or concentrating natural flow paths² (vi) fauna movement is provided for through bridges and culverts.

S5 Drainage works complies with the requirements of the Engineering Design Guidelines Planning Scheme Policy

The proposed boundary realignment is not expected to adversely impact on stormwater management. It does not allow any additional houses to be developed on the subject site. It is noted a watercourse/drain crossing is required to access the proposed building envelopes on the rural living lots from Giumellis Road. However, in this regard, there is no change from the existing situation. Houses could be built on existing lots 3 & 23 in the same location as the building envelopes on the proposed rural living lots. Furthermore, the primary access to existing lots 3 & 23 is from the same point on Giumellis Road as proposed for the rural living lots.

External Works


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P6 Kerb and channelling is provided to a satisfactory standard and constructed to: (i) prevent edge fretting; (ii) perform required drainage functions; (iii) provide the appropriate level of control for vehicle movement; (iv) allow ready access to abutting properties at suitable locations; and (v) contribute to the desired streetscape character of the locality.

S6 Premises are provided with kerb and channel in accordance with the Engineering Design Guidelines Planning Scheme Policy.

Not Applicable to the proposed development.

Roads

P7 All proposed road pavement surfaces: (i) are of a quality and durability suitable to the intended traffic volumes and loads; (ii) provide all-weather access; (iii) allow the discharge of rainfall; (iv) provide the safe passage of vehicles and pedestrians; and (v) provide a reasonable, comfortable riding quality.

S7 Roads are provided in accordance with the Engineering Design Guidelines Planning Scheme Policy.

The primary access for existing lots 3 & 23 and proposed rural living lots is from the gravel sealed Giumellis Road, which also services the surrounding rural living/hobby farming lots and cane farm. The proposed boundary realignment will not result in any additional lots (or potential houses) fronting Giumellis Road and thus could not cause or worsen a traffic problem. As such, no change to the existing road pavement surface should be required as a consequence of the proposed boundary realignment.

Drainage networks

P8 In urban areas, the major drainage network is designed and constructed with the capacity to control stormwater flows under normal and minor system blockage conditions for the DFE applicable to drainage so that: (i) floodways are restricted to areas where there is no damage to property or hazards for motorists, and (ii) runoff is directed to a lawful point of discharge through competently designed and constructed outlet works.

S8 Design requirements of the Engineering Design Guidelines Planning Scheme Policy.



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Public Utilities

P9 Street lighting and signs are provided to ensure the safety of both vehicles and pedestrians, and to facilitate access and movement.

3

S9 Street lighting and signage comply with the requirements of the Engineering Design Guidelines Planning Scheme Policy.


Infrastructure Payments

P10 The costs of providing infrastructure is funded by the development giving rise to the need for the infrastructure.

S10 The funding of infrastructure complies with the requirements of the Contributions Planning Scheme Policy

Not applicable

Car Parking and Access

P11 Premises are provided with: (i) adequate vehicle parking spaces to satisfy the anticipated requirements of the activity; (ii) safe and efficient access and manoeuvring areas to meet the anticipated volume and type of traffic; (iii) large vehicles are able to enter and leave the site without prejudicing the safety and efficiency of the road; (iv) access driveways are located and designed to minimise conflicts with traffic and pedestrians; and (v) vehicle crossings from the carriageway to the frontage of the site are constructed and finished to appropriate standards for the excepted volume and type of traffic generated by activities on the site.

S11.1 Vehicle parking on the site is in accordance with the rates specified in Schedule 2 S11.2 Vehicles are able to enter and exit the site (with the exception of dwelling house and duplex) in a forward gear. S11.3 The design of car parking and access complies with the requirements detailed in the Engineering Design Guidelines Planning Scheme Policy

Not particularly relevant. However, as outlined in the development application report, improved vehicle access is required from Giumellis Road to service existing lots 3 & 23 and the proposed rural living lots.

Environmental Amenity - Lighting Management

P1 Outdoor lighting does not cause a loss of amenity to




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adjacent premises as a result of the light it emits either directly or by reflection. Note: Council will refer to the provisions of AS4282 – Control of the Obtrusive Effects of Outdoor Lighting

Overshadowing

P2 The amenity of adjacent residential land is not adversely affected by shadows cast by adjoining building or structures.

S2 Buildings do not cast a shadow over more than 30% of an adjoining residential lot at any time between the hours of 9am and 3pm on 22 June.


Building Setbacks

P3 Residential buildings are sited to minimise loss of amenity for residents’ adjacent to cane tram lines.

S3 Residential buildings are set back a minimum of: (i) 50m from cane tram lines; and (ii) 100m from cane tram line level crossings and sidings.

Complies. No cane tramways in close proximity to the subject sites.

P4 Buildings are set back from a road frontage to: (i) complement the existing built form; and (ii) preserve the safety of vehicle movement along adjoining roads.


The proposed boundary realignment will have no impact on building setbacks.

Noise and Vibration Management

P1 Noise and vibration do not detract from the amenity of residents or employees of any adjacent premises.



P2 Premises accommodating uses which are likely to generate noise are designed and constructed with noise attenuation measures to avoid noise nuisance to nearby uses.




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P3 Noise sensitive uses locating adjacent to State controlled transport infrastructure incorporate attenuation, building design and orientation measures. Note: Development adjacent to State controlled roads complies with the Department of Main Roads – Road Traffic Noise Management Code of Practice.



Air Quality

P1 Premises used for purposes likely to generate emissions such as air pollutants, heat and odours incorporate: (i) physical measures for removing pollutants from emissions prior to discharge to the atmosphere; (ii) physical measures for reducing the temperature gradient between emissions and the atmosphere prior to discharge; and (iii) operational systems, including monitoring systems for major industry and major infrastructure, which maintain emissions within ANZECC guideline standards.



Flooding

P1 Premises subject to risk of inundation or damage through flood are provided with immunity to that risk in order to reduce potential property damage and to ensure public safety.

S1 1 Development is sited on land that would not be subject to flooding during a DFE; or S1.2 For development comprising a residential element, the floors of all habitable rooms are located 300mm above the DFE; or S1.3 For non residential development or development involving temporary or moveable residential structures (e.g. caravan parks): (i) buildings are located and designed so that floor levels (except areas used for car parking)



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are 300mm above the DFE; or (ii) there is at least one evacuation route that remains passable for emergency evacuations during all floods up to and including the DFE.

P2 There is no increase in the number of people living or working on a flood prone site, except where the premises are occupied on a short term or intermittent basis.



P3 Development does not result in adverse impacts for the safety of people or the capacity to use land within a floodplain and does not involve: (i) Any physical alteration to a watercourse; or (ii) Net filling of 50 cubic metres; or (iii) The proposed works either: (A) avoid any reductions of on-site flood storage capacity and contain within the subject site any changes in depth / duration / velocity in flood waters of all floods up to and including the DFE; or (B) do not change the flood characteristics at the DFE outside the subject site in ways that result in: - loss of flood storage; - loss of / changes to flow paths; - acceleration or retardation of flows; or - any reduction of flood warning times elsewhere on the floodplain.



P4 Storage and handling of hazardous substances on sites that are subject to risk of inundation or damage through flood, ensures that persons and property are not placed at unreasonable risk.

S4 Storage or handling of substances that may be a hazard to the environment or human safety by the risk of contamination due to flooding: (i) is undertaken in accordance with a risk assessment; and (ii) provides for the storage of any hazardous substances above or securely isolated from the DFE level.



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P5 The use is designed to minimise the impact of Cyclonic Hazards


The proposed development will not increase the impact of Cyclonic hazards.

Undefined Flood and Inundation Areas

P6 Where flood limits are not identified, development is undertaken such that there is no adverse affects on flood levels or flows on the site or up-stream and down-stream of the site

S6 No solution specified. Complies – This is not expected to be an issue for the boundary realignment.

Water Quality

P1 Development does not detract from the maintenance of water quality in the City’s watercourses and bulk water storages, in particular its: (i) environmental values; and (ii) where applicable, potability of the water supply.

S1 No solution specified The proposed boundary realignment is not expected to adversely impact on water

quality. It does not allow any additional houses to be developed on the subject site. It is noted a watercourse/drain crossing is required to access the proposed building envelopes on the rural living lots from Giumellis Road. However, in this regard, there is no change from the existing situation. Houses could be built on existing lots 3 & 23 in the same location as the building envelopes on the proposed rural living lots. Furthermore, the primary access to existing lots 3 & 23 is from the same point on Giumellis Road as proposed for the rural living lots. It is expected the works required to improve vehicle access will require further approvals under will be able to be readily managed to avoid adversely impacring on water quality. This is a matter for detailed consideration at the time of operational work assessment. Otherwise, standard Council conditions in relation to potable water supply and on-site effluent disposal should be sufficient to address this matter

P2 Premises incorporate: (i) physical measures for intercepting and treating surface water drainage and spilled substances prior to their release to the watercourses; and (ii) bunding of sites or areas within sites or integrated


This is not expected to be an issue for the boundary realignment.


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drainage systems which include waste water treatment measures, where chemicals, fuels, lubricants or other soluble pollutants are being handled or stored. Note: Council will refer to the Environmental Protection Policy (Water) 1997 P3 The City’s groundwater resources are maintained by: (i) providing a stormwater system that manages stormwater quantity and quality prior to discharging into receiving waters; (ii) providing non structural source control measures; (iii) providing structural source control measures; (iv) retaining or rehabilitating natural waterway corridors such as natural channels, wetlands and riparian vegetation; (v) providing storage of waste water in secure and sealed storage facilities; (vi) ensuring efficient disposal areas and ground and surface water retrieval areas are buffered from each other; (vii) ensuring that contaminants do not enter the groundwater resources; and (v) with reuse of reclaimed water, ensuring safe treatment and disposal of contaminated water.


As per P1

P4 The biodiversity and habitat values of coastal areas and associated estuarine systems are protected from: (i) increased nutrient or sediment levels; or (ii) changed flow, inhibited passage, or hydrologic regimes of the natural coastal and marine margins, which may result from development.

4


As per P1

P5 Sediment and nutrient loadings into a watercourse are minimised through: (i) treated on-site effluent; (ii) adequate stormwater run-off controls; and (iii) on-site and off site erosion and sediment controls.


As per P1


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Erosion and Sediment Control

P1 Minimisation of the risk of erosion and sedimentation either on-site or elsewhere, by a comprehensive approach to soil erosion control and sedimentation management, including: (i) the minimisation of: (ii) earthworks; (a) clearing of land; (b) long term stockpiling of excavated materials; (iii) use of appropriate construction management techniques; (iv) diverting surface water drainage around disturbed areas; and (v) treating and removing sediments from stormwater over disturbed areas prior to release from the site.

S1 The control of Erosion and Sedimentation complies with Planning Scheme Policy 15.07 – Engineering Design Guideline D7 Soil and Water Quality Management.

As per Water Quality - P1

P2 Progressive rehabilitation of disturbed areas occurs within the site through a comprehensive rehabilitation program including: (i) the grading and reshaping of the disturbed areas to provide controlled and stable drainage flow paths; (ii) the construction of drainage paths which divert high velocity flows away from disturbed areas; (iii) the re-spreading of stored top soil stripped from the site; and (iv) the planting of the disturbed area with native species of grasses, ground covers and trees.



Coastal Management Public Access and Roads

P1 (i) there is no net loss of public access to the foreshore, or of public useability of coastal waters; (ii) appropriate location and design is achieved with respect to sensitive coastal resources and their values; (iii) roads that run parallel to the coast, are set back from




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erosion prone areas and significant coastal resources, with only smaller access roads running to the coast; and (iv) minor spur roads to the foreshore and associated car parks provide access to the foreshore at locations that are convenient to the public, have low environmental sensitivity, and avoid locations that may increase storm tide hazard.

Erosion Prone Areas

P1 Development and permanent buildings are minimised in erosion-prone areas as defined in this code (apart from temporary or relocatable structures required for safety and recreational purposes).

S1.1 Reconfiguring a lot within an erosion prone area incorporates erosion prone land as undeveloped open space. S1.2 Relocatable structures such as picnic tables, barbecues, coastal trails, bikeways, demountable structures, equipment sheds, lookouts, elevated decks, shelter sheds etc are located within erosion prone areas only where they remain relocatable. S1.3 All other development is; (i) located outside of the erosion prone area; or (ii) as far landward as practical within the lot ; and (iii) is coastal dependent development (as defined in this code). S1.4 All building works (excluding demolition), including extension to existing buildings, on lots wholly or partly within the erosion prone area are: (i) For rural areas and undeveloped urban areas, located landward of the erosion prone area to minimise the extent of permanent building inside the erosion prone area; and (ii) For urban areas, located wholly landward of



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the alignment of existing neighbouring buildings and of a scale and intensity similar to that of the surrounding development.

P2 Where there is existing development within an erosion-prone area, redevelopment and extensions do not (as defined in this code):- (i) extend the intensity of the existing level; or (ii) compromise coastal management outcomes and principles Note: Supporting information required in order to demonstrate compliance is set out in the Erosion Prone Area Planning Scheme Policy.

P2 No solution specified.


High Impact Activity Areas

P1 Land uses adjoining high impact activity activities as indicated on Figure 9-8.1 and Figure 9-8.2 “High Impact Activities” and Information Map “High Impact Activities:, are designed and sited to manage adverse effects on site users by providing: (i) noise attenuation measures; (ii) buffers between sensitive uses and the high activity areas; (iii) landscaping including bunding between sensitive use areas and high impact activity areas; and (iv) any other measures required to ensure that a nuisance is minimised.

S1 Land uses adjoining high impact activity areas are set back from those areas in accordance with Table 9-8.3. S2 Land uses other than Industry (High Impact) uses, adjoining high impact activity areas are set back from those areas in accordance with Table 9-8.4. S3 Land uses other than Industry (High Impact) uses, adjoining high impact activity areas are set back from those areas in accordance with Table 9-8.5.


P2 Specific Sewerage Treatment Plants meet the following criteria:

PLANT BUFFER




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DISTANCE Mackay Southern Water recycling Facility 97,000 EP

1.0km

Landscaping and Fencing

P1 Development is provided with adequate and suitable landscaping and screening on the site which ensures: (i) an attractive streetscape appearance; and (ii) the privacy and amenity of any adjoining residences.

S1 Landscaping is provided in accordance with the Landscaping Planning Scheme Policy


P2 Landscaping is designed to prevent encroachment upon electricity infrastructure.

S2.1 Landscaping near electricity lines or substations, are designed and developed so that any vegetation at maturity or landscaping structures or works will not exceed 4.0m in height on land: (i) in an electric line shadow

9; or

(ii) within 5m of an electric line shadow; or (iii) within 5m of a substation boundary. S2.2 Elsewhere, vegetation is planted in a position that is further from the nearest edge of an electric line shadow or substation boundary than the expected maximum height at maturity of vegetation. S2.3 On land adjoining an electricity substation boundary, the vegetation foliage at maturity will not be within 3m of the substation boundary. However, where a substation has a solid wall along any part of its boundary, foliage may extend to, but not above or beyond, that solid wall.


P3 S3 Not Applicable to the proposed development.


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Landscaping provides a 2m wide landscaped strip adjacent to the road frontage incorporating existing vegetation wherever possible.

No solution specified

P4 A landscape strip is provided comprising either a 1.8m high solid fence or 2m wide planted screen adjacent to all side and rear boundaries of a site which adjoins any residential area.



P5 Landscaping around buildings is designed to maximise shade and redirect cooling breezes in summer and to provide a windbreak in winter.

S5 No solution specified .


P6 Landscaping incorporates planting for shading summer sun, including: (i) tall shade trees to the west and east of the building; and (ii) trellises or pergolas adjacent to windows to the north of the building.



P7 Landscaping is designed to maximise the outdoor shade areas and minimise use of hard reflective surfaces around the building



Landscaping for Outdoor Vehicle Parking Areas

P8 Landscaping for outdoor vehicle parking areas, where development is for the purposes of Accommodation units, multiple dwelling units, Sport and recreation, indoor entertainment, outdoor entertainment, child care centre, service station, motel, Industrial uses and retail or commercial uses, will: (i) visually enhance the area along any road frontage; (ii) screen the area from any adjoining residential or other sensitive uses; (iii) provide visual relief and shade throughout the area; and (iv) be compatible with local native species.

S8.1 Landscaping of outdoor vehicle parking areas provides planting of trees and shrubs: (i) in a strip 2m wide along any primary road frontage at a density and a scale appropriate to the size of the vehicle parking area and the function of the adjoining road; and (ii) in median areas throughout the vehicle parking area at a rate of 1 shade tree for every 6 parking spaces. S8.2 Provide a wall, fence or continuous screen



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planting, to a height of at least 1.8m along any boundary to land used or likely to be used for residential or other sensitive use.

Landscaping - General Requirements

P9 Landscaping is designed and established to: (i) an appropriate scale relative to both the street reserve width and to the size and nature of the development; (ii) incorporate remnant vegetation, where possible; (iii) provide summer shade and shelter for pedestrian comfort and energy efficiency of buildings; (iv) maximise areas suitable for on-site infiltration of stormwater; (v) allow for pedestrian and vehicle safety; (vi) generate a cohesive and distinct visual character for the streetscape and locality; (vii) be suitable to the tropical climate; (viii) provides planting, paving and other landscape treatment according to a Landscaping Plan; and (ix) minimise irrigation requirements through appropriate plant selection, mulching and water efficient irrigation systems. Note: The Landscape Planning Scheme Policy should be referred to for information that may be required by Council to assist in assessment of an application.



Vegetation Management

P10 Natural vegetation is maintained wherever possible. Note: Assessable development being operational work that is clearing of native vegetation of freehold land consistent with Schedule 8, Part 1, 3A of IPA will be assessed under the provisions of the Vegetation Management Act 1999 and the State code for clearing of vegetation on freehold land.


The proposed boundary realignment will have no impact on natural vegetation.


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Community Safety Design Principles Surveillance and Sightlines

P1 Premises provide opportunities for informal surveillance from surrounding buildings and land uses. Note: Ways of showing compliance are as follows: (i) Windows in buildings overlook pedestrian routes, open space areas and carparks. (ii) No blank building facade is presented to any street frontage. (iii) Street level windows are provided in buildings fronting onto public spaces and movement routes.



P2 Where located adjacent to public areas, premises are designed to permit surveillance of public areas.



P3 Buildings and street addresses in urban areas are easily identified.



P4 Premises for uses other than dwelling houses and dual occupancy, are illuminated at night to: (i) maximise personal safety of site users; and (ii) minimise opportunities for attack by hidden persons. (iii) provide lighting along access routes, in building entrances, site entries, car parking areas and other movement areas used after dark



P5 Visibility is provided into stairwells, elevators, car parks, lobby entrances and bicycle parking facilities.



P6 Premises and their surrounds do not include: (i) ‘blind’ corners (including on stairs, in corridors or other situations where movement can be predicted); (ii) sudden changes of grade on pathways which reduces




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sightlines; (iii) concealment spots (unless they can be secured after hours); and (iv) pedestrian tunnels, excepting that where unimpeded sightlines or the absence of concealment points cannot be reasonably achieved, equipment (such as security mirrors) and good lighting is provided to enhance visibility. (v) Potential concealment areas (i.e. dead-end alleys) are restricted or locked after hours. (vi) Where a concealment spot is unavoidable, there are aids to visibility such as convex mirrors and good secure lighting. (vii) Concealment spots such as: (A) dark areas adjacent to a main/designated pedestrian routes; (B) private dead-end alleyways; (C) indentation in fencing or walls; (D) gaps in the streets such as entrances to interior courtyards and recessed doorways; and (E) areas that are isolated after dark; are not located on the premises. P7 Building entrances: (i) are clearly defined; (ii) are well lit and face the street; (iii) do not create concealment spots; (iv) provide clear sightlines from the building foyer so that occupants can see outside before leaving the building; (v) have lobbies visible from the exterior; and (vi) have staff entrances, if separate, which are well lit and maximise opportunities for informal surveillance and for clear sightlines.



P8 Landscaping is designed and maintained to provide informal surveillance and clear sight lines on accessways and to other public spaces.

S8 “Vulnerable premises” provide landscaping designed to promote safety including: (i) planting which does not obscure doors and windows overlooking public spaces and isolated areas;



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(ii) shrubbery and low-level planting associated with footpaths which does not exceed 0.5m in height where abutting pavements; (iii) trees in vulnerable settings which do not have branches below 1.5m; and (iv) hard landscaping elements such as low fencing and walls (below 1.2m) which guide pedestrians and vehicles along designated paths.

Safe Movement and Access

P9 The design of premises provides for unimpeded sightlines, particularly along pedestrian and bicycle routes.

S9 All barriers (including landscaping features) along bicycle and pedestrian routes are visually permeable (i.e. can be easily seen through to reduce concealment points).


P10 Car parking areas are: (i) designed to optimise informal surveillance and illumination, and to minimise unlawful access; (ii) well lit to enable visibility of all external edges and routes providing access to the car park; (iii) designed to minimise instances of large numbers of cars being co-located (over 100 cars in a single block). If more than 100 cars, more than one entry / exit point is provided so that the car park does not become an entrapment area.



P11 Underpasses and overpasses are designed and located to reduce opportunities for crime, so that: (i) pedestrians are able to see what is in an underpass or tunnel and at the end of it before entering; and (ii) signs at each end of an underpass indicate where it leads and an alternative route to use at night.



P12 Underpasses are wide enough to accommodate both pedestrian and cycle traffic, (Note: Council will refer to the provisions of AUSTROADS Guide to Traffic Engineering




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Practice Part 14- Bicycles). P13 The design and location of laneways and alleyways promotes community safety.

S13.1 Laneways are straight and have more than one entrance. S13.2 Unnecessary access to buildings from laneways is avoided.


Building Design and Lighting

P14 Buildings contribute positively to the enhancement of public safety and security.

S14.1 Ramps and elevator entrances are located in areas which are not isolated. S14.2 Lifts are located within a secure entrance, and incorporate graffiti and vandal-resistant measures (i.e. a fully glazed and enclosed vestibule area at the exit to the lifts). S14.3 Loading and storage areas are well lit or can be locked after hours. S14.4 Parking spaces are allocated near the building entry for employees working after hours. S14.5 Enclosed or underground car parks can only be accessed from inside the building or through a security system. S14.6 All windows, particular those at street level are secure, without creating a ‘fortress-like’ appearance (i.e. avoid solid roller shutters).


P15 Lighting is provided which: (i) increases safety and security in and around the premises; (ii) considers vegetation, in both its existing and mature

S15.1 No specific solution Note: Council will refer to the following as guidance in assessment of compliance:



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forms, or other elements that may have the potential to block out light; (iii) illuminates inset spaces, access/egress routes car parking areas and signage; and (iv) supports visibility for pedestrians, as well as road users.

Security lighting is consistent with Australian Standard S 4282 (1997) (The Control of Obtrusive Effects of Outdoor Lighting. Lighting of pedestrian and bicycle movement routes, public spaces and outdoor signage in public spaces is to the minimum Australian Standard of AS1158 (Public Lighting Code).

Constructed Lakes

P1 Natural design concepts are a primary consideration for a constructed lake.



P2 Constructed lakes are designed to be: (i) consistent with the area’s social and recreational masterplans; (ii) sustainable; (iii) appropriately managed; and (iv) have minimal adverse impacts on surrounding environments.

S2.1 Lake depth is ≤ 3m. S2.2 The design of a constructed lake complies with the Engineering Design Guideline Planning Scheme Policy.


P3 Constructed lakes are to operate under a financially sustainable management regime.

S3 Lakes are provided under private ownership.



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Bushfire Management Overlay Code Bushfire Management Overlay Code SPECIFIC OUTCOMES

ACCEPTABLE / PROBABLE SOLUTIONS

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Assessable Development P1 Development maintains the safety of people and property by: (i) avoiding the areas of High or Medium bushfire hazard as indicated on the Bushfire Management Overlay Map; or (ii) mitigating the risk through: (a) allotment design and the appropriate siting of building; and (b) including firebreaks that provide adequate setback between buildings / structures and hazardous vegetation and access for fire fighting and other emergency vehicles; and (c) providing adequate road access for fire fighting and other emergency vehicles and safe evacuations; and (d) providing an adequate and accessible water supply for firefighting purposes. Note: To assist Council in assessing an application for Assessable Development in a bushfire hazard area information should be provided as detailed in the Bushfire Management Planning Scheme Policy.

S1.1 Development is located on land that is not subject to

High or Medium bushfire hazard as indicated on the Bushfire Management Overlay Map; or

S1.2 For all development: (i) buildings and structures on lots greater than

2,500m²; (a) achieve setbacks from vegetation of 1.5 times the

predominant mature canopy tree height or 10 m, whichever is greater; or

(b) 10 m from any retained vegetation strips or small areas of vegetation;

(ii) buildings and structures on lots 2,500m² or less are serviced by the following:

(a) a reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times (minimum pressure flow of 10 litres a second at 200 KPA); or

(b) an on site storage of not less than 5,000 litres (e.g. accessible dam or tank with fire brigade fittings, or swimming pool).

S1.3 Firebreaks are provided by: (i) a perimeter road that separates lots from areas of

bushfire hazard and that road has: (a) a minimum cleared width of 20m; and (b) a constructed road width and all weather standard

in accordance with Engineering Standards Planning Scheme Policy or

(ii) fire maintenance trails which: (a) have a minimum cleared width of 6m; (b) have vehicular access at each end; (c) provide passing bays and turning areas for

Not applicable. The proposed boundary realignment will not increase the bushfire risk of any of the lots. Council to apply standard fire-fighting supply condition for the rural living lots. Not relevant to the proposed rural grazing lot.


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firefighting appliances; (d) are either located on public land, or within an

access easement that is granted in favour of Council and QFRS; and

(e) cleared breaks of 6m minimum width are provided within retained bushland within the site (e.g. creek corridors and other retained vegetation) to allow burning of sections and access for bushfire response.

P2 For development that will result in multiple buildings or lots

(being Community Title Lots): (i) buildings and structures are sited on lots that are designed

so that their size and shape allow for: (a) efficient emergency access to buildings for firefighting appliances (e.g. by avoiding long narrow lots with long access drive to buildings); (b) setbacks and buildings siting in accordance with 1.2 above.

ution specified. Not applicable

P3 Roads have: (i) a maximum gradient of 12.5%; (ii) exclude cul de sacs, except where a perimeter road isolates the development from hazardous vegetation or the cul de sac is provided with an alternative access linking the cul de sac to other through roads


Not applicable. No new roads are being created.

Hazardous Materials P4 Public safety and the environment are not adversely affected by the detrimental impacts of bushfire on hazardous materials manufactured or stored in bulk.


Not applicable.


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COMMENTS

Design and Siting of Buildings P1 Development is sensitive to the existing landscape character by: (i) avoiding intrusion into existing view-lines and vistas through

inappropriate siting and excessive height; (ii) siting buildings and structures to avoid loss of remnant

vegetation; (iii) avoiding intrusion of any structure above the ridgeline or tree

canopy and into the sky line; and (iv) finishing buildings, other structures and fences with materials

and colours with blend with the natural landscape.

S1.1 Subject to S1.2 below, buildings and structures have: (i) a maximum height of 8.5m; (ii) external walls of the building finished with non-reflective glazing. S1.2 All buildings and structure have a maximum height of 4.5 m where located in the Offshore Islands Locality.

Not applicable.

Reconfiguring a lot P2 Development involving the reconfiguring a lot in a landscape character area is designed to: (i) avoid locating access ways or road ways in areas of remnant

vegetation; and (ii) maximise retention of existing vegetation through increased road

reserve widths, reduced pavement widths, provision of passing bays and meandering pavements.

S2 Roads within a landscape character area are designed to retain vegetation except for the development of road pavement and other infrastructure, and access to lots.

Not applicable.

Operational Works P3 Operational works on land in character areas is minimised such that any filling or excavation does not visually dominate the streetscape or result in the loss of existing vegetation.

S3.1 Excavation and filling works is not undertaken within the edge of the canopy of existing vegetation to be retained on the site. S3.2 Operational works are rehabilitated immediately on completion, with: (i) re-grading and draining of disturbed surfaces to form even profiles; (ii) spreading topsoil suitable for planting; and (iii) dense plantings of endemic, native, plant species.

Not applicable.

Landscaping Works P4 Landscaping works on land in character areas enhances the landscape character values of the locality.

S4 Premises incorporate landscape planting to site boundaries. Note: Council will refer to the Engineering Standards Planning Scheme

Not applicable.


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COMMENTS

Policy and the Landscaping Standards detailed in the Landscaping Planning Scheme Policy.

IMAGE CORRIDORS P1 Buildings and Structures located on land adjacent to an image corridor have a minimum building setback of 10 m to the road frontage.

S1 Buildings and Structures located on land adjacent to an image corridor have a minimum building setback of 10 m to the road frontage.

Subsequent development of houses on proposed rural living lots proposed to comply with this requirement. Building Envelopes will set back from road frontage.

P2 The views and vistas available from the main image corridors as identified on the Information Maps (A & B) – ‘Image Corridors’, are protected and enhanced by: (i) providing a high standard of building design which blends into

the associated urban or rural setting; and (ii) incorporating landscape treatments for development sites that

provide a continuous (no gaps) vegetated strip where the vegetation is not less than 2 metres high at the development edge of the setback with lower shrubs between the tall (>2m) vegetation and the road frontage;

(iii) there are no advertising signs within the 10 m setback area; and (iv) all signs and advertising devices on land adjacent to an image

corridor 10 m setback area: (a) do not include projecting roof or sky signs; (b) have a height of no greater than 6 m where a free standing sign;

and (c) do not incorporate flashing neon lights or animated elements. Note: Image corridors include both Entry Corridors and Tourist Corridors as shown on Maps (A & B).


Not applicable to the proposed boundary realignment as it does not allow any subsequent development that could not already be undertaken on the subject lots.


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Development on Steep Land Overlay Code Development on Steep Land Overlay Code SPECIFIC OUTCOMES


COMMENTS

ASSESSABLE DEVELOPMENT P1 No development is located on steep land or on any part of a site subject to landslide hazard from sloping land above the site.

S1.1 Development is carried out only on parts of a site containing geologically stable land, or unlikely to be affected by surrounding unstable land. S1.2 Buildings and structures are located on less steep parts of the site to allow natural land forms and vegetation to be maintained as much as possible.

While parts of the subject site have slopes exceeding 15%, the building envelopes identified on the proposal plan for the rural living lots are located on parts of the lots within slopes less than 15% in compliance with S1.1 and S1.2, despite possibly being mapped as steep land on the overlay.

P2 The land is geologically suitable having regard to: (i) The construction of any buildings and other structures; (ii) Stormwater drainage and wastewater disposal; (iii) Onsite works for driveways, retaining walls, pools, dams,

etc; and (iv) Loss of existing vegetation.


As above

P3 Extensions to existing premises located on steep land are minimal.

S3 Where existing premises are located on steep land, development does not: (i) involve any new building work other than a minor extension of

less than 20m² gross floor area to an existing building; or (ii) involve vegetation clearing.

Not applicable

P4 Development located on steep land with an existing or proposed slope of 15% or more is certified as very low risk in accordance with the publication referenced in the guidelines to State Planning Policy 1/03; “Landscape Risk Management Concepts and Guidelines”, Australian Geomechanics Journal Vol 35, No. 1, March 200

S4.1 Land in its pre-development condition is certified: (i) that the land is classified as very low risk, or (ii) that the land will be able to be classified as very low risk after

specified works have been carried out. S4.2 Land subject to development works related to reconfiguring a lot or material change of use is certified: (i) that the development works can be carried out without altering

the very low classification of landslip risk, or (ii) that the development works can be carried out without altering

the very low classification of landslip risk provided specified works are carried out and/or specified measures are taken

As per P1


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COMMENTS

during the course of the development works; and (iii) after completion of the works:

(a) that building and associated further development works can be carried out on the land without altering the very low classification of landslip risk, or

(b) that building and associated further development works can be carried out on the land without altering the very low classification of landslip risk provided specified works are carried out and/or specified measures are taken during the course of the building and associated further development works.

Reconfiguring a lot P5 Timbered and scenic ridgelines are maintained in their natural state.


Not applicable

Operational Works P6 The extent of excavation (cut) and fill is minimized and revegetated immediately following completion of the works.

S6.1 Earthworks does not: (i) involve a change in level of more than 1m relative to natural

ground surface at any point; and (ii) occur within 1.5m of any site boundary. S6.2 Retaining walls are not constructed within 3m of a property boundary other than where retaining walls are less than 1m in height on a continuous vertical plane.

As per P1, however, any earthworks associated with the proposed boundary realignment would be expected to comply with S6.1. No retaining walls are expected to be required.

P7 Paths, driveways, roads and other activity areas are designed to: (i) Follow the natural contours; (ii) Minimise the length of driveways and roads; and (iii) Minimise the number of crossings of water courses and drainage

lines.


Not applicable. The location of the proposed common access driveway is not mapped as steep land.

Stormwater P8 Stormwater runoff is managed such that: (i) Runoff from hard surfaces and drainage installations is collected

and discharged to a lawful point of downstream discharge. (ii) Any adverse impact on on-site natural watercourses is prevented.


Complies – see comments in relation to Environment & Infrastructure Code


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COMMENTS

P1 Where the development is on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL and involves the establishment of resident uses or any uses having a residential component 29 (i) the amenity of residential uses are protected; and (ii) the operations of nearby agricultural land is not constrained by the

development.

S1 The residential activity areas on the site are separated from the nearby agricultural land as follows: (i) where in proximity to canelands or other horticultural activity:

a. a minimum 40m, where the distance incorporates vegetation; or

b. a minimum 300m where the distance is to be left as open ground; and

(ii) where in proximity to any intensive animal husbandry, a minimum 500m.

The proposed building envelopes for the rural living lots are approximately 200m to the east of the edge of cane on the neighbouring cane farm. Furthermore, prevailing easterly winds would b expected to blow dust, noise and chemicals away from the building envelopes. As such, no vegetated buffer is expected to be required.

P2 Where it is proposed to establish a residential use or any use having a residential component within those buffer distances shown in S1 above, then the premises incorporates mitigation measures to ensure that: (i) the amenity of residential uses are protected; and (ii) the operations of nearby agricultural land is not constrained by the

development.


As above

P3 Development on land as shown on the Good Quality Agricultural Land Overlay Map as GQAL does not result in land taken out of agricultural use unless: (i) an overriding community need for the development is demonstrated;

and (ii) no alternative sites are available.


The proposed boundary realignment will not adversely impact on GQAL. While some GQAL is mapped on the subject site, the mapped areas are small, fragmented, alienated and un-useable, aligning with the watercourse/drain and other lowlands. The subject site is not affected by the Strategic Cropping Land mapping.

P4 Reconfiguring a lot on good quality agricultural land occurs only where new lots do not adversely affect the potential to sustain agriculture or the continued use of the land as an agricultural resource by: (i) not limiting the range of crops able to be grown on any of the lots

created; or (ii) creating new lots only where they can be amalgamated or used

economically in conjunction with other agricultural land.


Complies for reasons stated in P1 & P3 above.

P5 Where the reconfiguring of a lot is for residential purposes on land adjacent to good quality agricultural land, the lot size and layout accommodates a buffer area such that: (i) the potential to sustain agriculture on the adjoining land is

maintained; and

S5 All residential lots abutting good quality agricultural land have the following minimum dimensions: (i) where immediately abutting canelands or other horticultural activity; (ii) a minimum depth of 60m where a vegetated buffer to a depth of

40m is incorporated into the lot; or

As per p1


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(ii) future residential amenity on the new lot is protected. (iii) a minimum depth of 320m where the buffer is on open ground; and (iv) where immediately abutting any intensive animal husbandry a

minimum depth of 550m where a vegetated buffer to a depth of 40m is incorporated into the lot.

P6 Where reconfiguring a lot in the Rural zone involves boundary realignments and the primary use of the lot is residential: (i) the lot does not include good quality agricultural land; and (ii) buffers to GQAL and associated rail infrastructure (i.e. tram lines)

are included in the lot.


As per P1 & P3 above. There are no cane tramways in the vicinity of the proposed lots. .

P7 Where the lots are identified for sugar cane production the lots are shaped to facilitate production.


Not applicable

P8 Where development likely to result in the establishment of new activities / uses is proposed within 300 m of land identified on the Good Quality Agricultural Land Overlay Map as GQAL and is used for agriculture, a buffer to the GQAL is included on the subject site. Note: The buffer does not contain GQAL.


As per P1

120808 development application report 111099-2€¦ · photographs with surrounding land use and...

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