2009-09-16 planning & development committee meeting minutes · 9/16/2009  · planning &...

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Gympie Regional Council MINUTES of the PLANNING & DEVELOPMENT COMMITTEE MEETING CHAIRMAN: Cr Ian Petersen held in the Boardroom Old Bank Building Cnr Nash & Channon Streets, Gympie Qld 4570 on Wednesday 16 September 2009 at 9.00 a.m. for Adoption at the General Meeting to be held on Wednesday 23 September 2009

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Page 1: 2009-09-16 Planning & Development Committee Meeting Minutes · 9/16/2009  · Planning & Development Committee Meeting – 16 September 2009 - 4 - Gympie Regional Council Address

Gympie Regional Council

MINUTES

of the

PLANNING & DEVELOPMENT COMMITTEE MEETING

CHAIRMAN: Cr Ian Petersen

held in the Boardroom Old Bank Building

Cnr Nash & Channon Streets, Gympie Qld 4570

on Wednesday 16 September 2009 at 9.00 a.m.

for Adoption at the General Meeting to be held on Wednesday 23 September 2009

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Gympie Regional Council

PLANNING & DEVELOPMENT Cr I.T. Petersen (Chairman), Crs R.J. Dyne, G.L. Engeman, L.J. Friske, R.A. Gâté,

D.R. Neilson, A.J. Perrett, J.A. Walker & J. Watt. APPOINTMENTS etc. 9.00 a.m. Kerren Smith (Smith Street Industrial Estate) – Update on Transport Equipment

Manufacturing Industry Group 10.00 a.m. “In-Committee” – development proposal 10.30 a.m. “In-Committee” – development proposal

CONTENTS

LEAVE OF ABSENCE ...................................................................................................................................... 3

DECLARATION OF INTERESTS BY COUNCILLORS ................................................................................. 3

CONFIRMATION OF MINUTES OF PREVIOUS MEETING......................................................................... 3

ADDRESS BY MR KERRYN SMITH........................................................................................................................ 4

SUSPENSION OF STANDING ORDERS......................................................................................................... 4

2/2 2008-1866 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE – FOOD OR ENTERTAINMENT VENUE (RESTAURANT) – 13 ALFRED STREET, GYMPIE – KAYE SILICH ................................................................. 4

SECTION 1 – STRATEGIC PLANNING MATTERS..................................................................................... 13

1/1 MINOR LOCALITY BOUNDARY AMENDMENTS – GYMPIE REGIONAL COUNCIL........................................ 13 1/2 NOMINATION OF COUNCILLOR REPRESENTATIVES TO BE MEMBERS OF THE STEERING COMMITTEE FOR

THE ENVIRONMENT STRATEGY ................................................................................................................ 33

SECTION 2: PLANNING APPLICATIONS .................................................................................................. 35 2/1 2009-0618 – REPRESENTATIONS FOR MATERIAL CHANGE OF USE – HOME BUSINESS (BED AND

BREAKFAST) – 38A YORK STREET, IMBIL – MARY VALLEY VIEWS BED & BREAKFAST – L & L FLEET . 35

SUSPENSION OF STANDING ORDERS....................................................................................................... 43

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SECTION 3: RECONFIGURING A LOT APPLICATIONS .......................................................................... 44 3/2 DA17219 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – LOT 217

RP848398 (406 – 407 WILTON ROAD, GREENS CREEK) – BA & S ROWAN............................................. 44 3/3 2008-1694 – RECONFIGURING A LOT – SUBDIVISION TO CREATE ONE (1) ADDITIONAL LOT – GYMPIE

CONNECTION ROAD VICTORY HEIGHTS – B. PEARCE .............................................................................. 54 3/4 DA18449 – REPRESENTATIONS FOR DEVELOPMENT PERMIT FOR RECONFIGURING A LOT – SUBDIVISION

TO CREATE FOUR (4) ADDITIONAL LOTS – LOT 1 RP12433 – 4- ELIZABETH STREET, IMBIL – DEVELOPMENT MANAGEMENT SOLUTIONS PTY LIMITED........................................................................ 68

SECTION 4 – PLANNING APPLICATIONS PENDING ............................................................................... 81

SECTION 3 – RECONFIGURING A LOT APPLICATIONS ......................................................................... 81 3/1 2008-1640 – RECONFIGURING A LOT – SUBDIVISION TO CREATE 26 ADDITIONAL LOTS – 7 & 11

HERITAGE LANE, SOUTHSIDE – D&K HOLDINGS QUEENSLAND PTY LTD ............................................... 81 4/1 PLANNING APPLICATIONS PENDING....................................................................................................... 103 4/2 DEVELOPMENT APPLICATIONS APPROVED............................................................................................. 123

SECTION 5: GENERAL MATTERS............................................................................................................ 125 5/1 BUILDING SUMMARY AND REPORT FOR MONTH OF AUGUST 2009 ........................................................ 125

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION .................................................................... 126

SECTION 7: IN COMMITTEE ITEMS ........................................................................................................ 126

SECTION 8: GENERAL BUSINESS............................................................................................................ 127

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The meeting opened at 9.00 a.m. PRESENT: Crs I.T. Petersen (Committee Chairman), R.J. Dyne (Mayor), L.J. Friske, R.A.

Gâté, D.R. Neilson, A.J. Perrett and J. Watt. Also in attendance were Mr M. Hartley (Director of Planning & Development),

Ms T.M. Stenholm (Manager Development and Compliance) and Mrs L. Birt (Minutes Secretary).

LEAVE OF ABSENCE

G14/09/09 - That Cr J.A. Walker be granted Leave of Absence from all Council Meetings from the 16 September 2009. G19/08/09 - That Cr G.L. Engeman be granted Leave of Absence from all Council Meetings from 16 September to the 23 September 2009.

DECLARATION OF INTERESTS BY COUNCILLORS P15/09/09 – Cr A.J. Perrett declared a Conflict of Interest.

CONFIRMATION OF MINUTES OF PREVIOUS MEETING

P01/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett

That the Minutes of the Planning & Development Committee Meeting held on 2 September 2009 be taken as read and confirmed.

Carried

The Chairman Cr I Petersen welcomed Mr Kerren Smith to the meeting and advised Councillors that Mr Smith was going to address Council on the Transport Equipment Manufacturing Industry Group.

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Address by Mr Kerryn Smith Mr Smith gave a verbal address to Council relative to the Transport Equipment Manufacturing Industry Group. The Chairman thanked Mr Smith for his very informative address. Mr Smith left the meeting at 9.16am.

SUSPENSION OF STANDING ORDERS

P02/09/09 Moved: Cr R.A. Gâté Seconded: Cr D.R. Neilson That Council suspend standing orders and deal with Item 2/2 at this stage

of the meeting.

Carried 2/2 2008-1866 – Representations for Material Change of Use – Food or

Entertainment Venue (Restaurant) – 13 Alfred Street, Gympie – Kaye Silich

Re: Minute: P03/09/09 Representations for Material Change of Use –

Food or Entertainment Venue (Restaurant) From: C. Mandersloot, K. Silich & F. Cole File: 2008-1866 Date: 15 July 2009 & 12 August 2009

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Report: (Principal Planner – K.M. Toomey) 1.0 INTRODUCTION Development approval for Material Change of Use – Food or Entertainment Venue (Restaurant) was approved by Council on 7 July 2009.

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The applicant suspended their appeal period and also lodged representations on 15 July 2009. Amended representations were later lodged on 12 August 2009.

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The condition requested to be reconsidered is outlined below. 2.0 REPRESENTATIONS Representations are submitted in relation to: Condition 3.1 included in the list of Assessment Manager’s Conditions. 3.0 ASSESSMENT 3.1 Condition 3.1 (a) Condition 3.1 reads: “Permitted hours of operation are as follows unless otherwise approved by Council: Wednesday to Saturday 1200 to 1500 hours (lunch) Wednesday to Saturday 1800 to 2200 hours (dinner) Sunday and Public Holidays Not Permitted.” (b) Applicant’s representations: The following representations were submitted on 15 July 2009. “We request representation to condition 3.1 and the following changes made, Opening hours Monday to Saturday 1000 to 2300 (including lunch and dinner) Including Public Holidays. The reasons we have for requesting these changes is to run a successful business the restaurant needs to have an option to open for all of these hours. At times there will be a request from patrons to hold an afternoon tea or to have a long lunch on a Sunday. There will also be times when diners are dining later and it would appear to be unreasonable to ask them to leave by 2200. Liquor Licensing have strict guidelines that will be abided by at all times, a liquor license is mandatory for a successful restaurant. The council approved opening times will directly affect the license hours.”

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(c) Submissions from Nearby Residents Letters were sent to nearby residents advising of the requested changes on the 21 July 2009. An opportunity to provide comment was invited and requested by the 31 July 2009. A number of submissions were received relating to the development application, however only two (2) raised concerns relating to the proposed change of operating hours. The main concerns related to the potential increased impact from noise nuisances, that trading until 2300 hours, seven (7) days per week, may result in. A meeting was held between relevant Council Staff and the Applicants in order to discuss the submitter concerns and as a result the Applicant agreed to revise their requested operating hours. (d) Applicant’s amended representations: Amended representations were submitted on 12 August 2009, which are reproduced below. “Unfortunately we did not realise (at the time) that the hours we advised to the Noise consultant would carry through to the development approval. During the last few months the tenant has increased the proposed staffing level and subsequently would like to increase the hours of operation. They were under the impression that operating hours similar to Kingston House (being their previous business) would apply, not realising that each application has a different situation to be considered. We would like to rescind our letter of 15th July and replace it with a request for something to the hours below: Tuesday to Saturday 11am to 10pm Sunday Lunch 12 – 4pm Public Holidays Not permitted.” (e) Assessment Numerous attempts have been made in order to contact the submitters with respect to the most recent request to amend the approved operating hours, to no avail. It is however anticipated that contact will be able to be made prior to the consideration of this report by the Planning and Development Committee Meeting on 16 September 2009.

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From a Staff perspective, the proposed changes are however, considered to be acceptable and are unlikely to generate excessive nuisance with regard to noise. The following conditions were also included in the Decision Notice issued on 7 July 2009 and are considered to adequately address the submitter concerns with regards to nuisance and protecting the existing amenity of the area. ‘1.16 Acoustic barriers are to be constructed along part of the eastern

boundary and part of the southern boundary as per the specifications detailed in the Environmental Noise Report prepared by David Moore & Associates Pty Ltd (Report No. R08181/D2206/Rev.0/26.10.2008).

3.2 There is to be no detrimental effect upon the amenity of the

neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions at any time in Council’s opinion; and

3.5 In the event of a valid complaint of unreasonable noise emissions is

received, Council may require the submission of an environmental noise level study and report which complies with the Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 2008.’

It is therefore recommended that Condition 3.1 be amended to read: ‘Permitted hours of operation are as follows unless otherwise approved

by Council: Tuesday to Saturday 1100 to 2200 hours Sunday 1200 to 1600 hours Public Holidays Not Permitted.’

P03/09/09 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that in relation to Development Application 2008-1866 for Material Change of Use – Food or Entertainment Venue (Restaurant), over Lot 264 MCH4905, located at 13 Alfred Street, Gympie Council issue a Negotiated Decision Notice incorporating the following: (i) Condition 3.1 to read: ‘Permitted hours of operation are as follows unless otherwise approved

by Council: Tuesday to Saturday 1100 to 2200 hours Sunday 1200 to 1600 hours Public Holidays Not Permitted.’

Carried

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SECTION 1 – STRATEGIC PLANNING MATTERS 1/1 Minor Locality Boundary Amendments – Gympie Regional Council

Re: Minute: P04/09/09 Minor Locality Boundary Amendments From: Department of Environment and Resource Management File: 6/6/09/0006 Date: 3 September 2009 “The Minister for Natural Resources, Mines and Energy, and Minister for Trade is responsible for formalising the suburb/locality boundaries within the State under the Place Names Act 1994. Formal boundaries for rural and city addressing purposes support a business requirement for many agencies. At a State level, State Emergency Services covering the Ambulance Service, Police, Fire Services, Rural Fire Services and SES Volunteers have a requirement for the correct address when answering an emergency, whilst Telstra and Australia Post require unambiguous bounded localities for the delivery of their services. CHQ 022459/484 In the process of capturing amended cadastral boundaries on plan SP119142, the locality boundary between Gunalda and Kanigan needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 7 on SP119142 into the locality of Gunalda as indicated on the enclosed diagram CHQ 022459/484. CHQ 022459/485 In the process of capturing amended cadastral boundaries on plan SP219532, the locality boundary between Elgin Vale and Manumbar needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 3 on SP219532 into the locality of Elgin Vale as indicated on the enclosed diagram CHQ 022459/485. CHQ 022459/486 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Bells Bridge and Glastonbury needs to change to reflect the current situation and alleviate confusion in property address information.

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Your consent is sought to include the whole of Lot 82 on FTY1310 into the locality of Bells Bridge as indicated on the enclosed diagram CHQ 022459/486. CHQ 022459/487 In the process of capturing amended cadastral boundaries on plan SP121970, the locality boundary between Tandur and Traveston needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 20 on SP121970 into the locality of Tandur as indicated on the enclosed diagram CHQ 022459/487. CHQ 022459/488 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Mothar Mountain and Tandur needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 5 on RP825891 into the locality of Mothar Mountain as indicated on the enclosed diagram CHQ 022459/488. CHQ 022459/489 In the process of capturing amended cadastral boundaries on plan SP147056, the locality boundary between Dagun and Amamoor needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 2 on SP147056 into the locality of Dagun as indicated on the enclosed diagram CHQ 022459/489. CHQ 022459/490 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Amamoor and Dagun needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 61 on CP827292 and Lot 227 on LX2052 into the locality of Amamoor as indicated on the enclosed diagram CHQ 022459/490.

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CHQ 022459/491 In the process of capturing amended cadastral boundaries on plan SP124376, the locality boundary between Kilkivan and Cinnabar needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 3 on SP1243766 into the locality of Kilkivan as indicated on the enclosed diagram CHQ 022459/491. CHQ 022459/492 In the process of capturing amended cadastral boundaries on plan SP121978, the locality boundary between Monkland and East Deep Creek needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 676 on SP121978 into the locality of Monkland as indicated on the enclosed diagram CHQ 022459/492. CHQ 022459/493 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Wrattens Forest and Upper Glastonbury needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 1020 on NPW849 into the locality of Wrattens Forest as indicated on the enclosed diagram CHQ 022459/493. CHQ 022459/494 In the process of capturing amended cadastral boundaries on plan SP175079, the locality boundary between Jones Hill and Monkland needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 224 on SP175079 into the locality of Jones Hill as indicated on the enclosed diagram CHQ 022459/494. CHQ 022459/495 In the process of capturing amended cadastral boundaries on plan SP121981, the locality boundary between Tamaree and North Deep Creek needs to change to reflect the current situation and alleviate confusion in property address information.

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Your consent is sought to include the whole of Lot 392 on SP121981 into the locality of Tamaree as indicated on the enclosed diagram CHQ 022459/495. CHQ 022459/496 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Corella and Curra needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 55 on SP121983 into the locality of Corella as indicated on the enclosed diagram CHQ 022459/496. CHQ 022459/497 In the process of capturing amended cadastral boundaries on plan SP217371, the locality boundary between Long Flat and The Dawn needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 2 on SP217371 into the locality of Long Flat as indicated on the enclosed diagram CHQ 022459/497. CHQ 022459/498 Acting on departmental policy to retain a lot entirely within one locality, the locality boundary between Glastonbury and The Palms needs to change to reflect the current situation and alleviate confusion in property address information. Your consent is sought to include the whole of Lot 557 on NPW782 into the locality of Glastonbury as indicated on the enclosed diagram CHQ 022459/498. Enclosed is a self addressed envelope for return postage and your reply would be appreciated by 18 September 2009. Should you have any further enquires, please contact Mr. Ross Norman on 5451 2252.”

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Report: (Strategic Planning Officer – R.N. Halse) 1.0 Introduction The above letter was received on the 28 August 2009 and relates to an amendment of locality boundaries within the Gympie Regional Council area. The department is seeking Council’s consent to amend the locality boundaries of the following properties:

As mentioned in the letter, the amendment of the aforementioned properties is required to assist Emergency Services, Postal Service etc. to identify properties without ambiguity. To simplify the reporting process each proposed locality amendment has been shown in the report in the form of map depicting the current locality of the property and the proposed amendment area. 2.0 Assessment

Lot 7 on SP119142

Lot 5 on RP825891

Lot 3 on SP219532

Lot 2 on SP147056

Lot 82 on FTY1310

Lot 61 on CP827292

Lot 20 on SP121970

Lot 227 on LX2052

Lot 3 on SP1243766

Lot 676 on SP121978

Lot 1020 on NPW849

Lot 224 on SP175079

Lot 392 on SP121981

Lot 55 on SP121983

Lot 2 on SP217371

Lot 557 on NPW782

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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BOUNDARY AMENDMENT

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3.0 Conclusion It is recommended Council sign the consent form to amend the aforementioned locality boundaries as this will assist the Emergency Services, Ambulance Services, and Postal Services etc. to identify all the subject sites without ambiguity. As a whole the amendment of locality boundaries does not impact on Council’s ability to operate effectively over the subject area. Upon Council consent to amend the locality boundaries the Financial Services Directorate and the Design Services Division must be informed to allow the Directorates to update Council records.

P04/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett Recommend that Council give consent for the amendment of locality boundaries in respect of the following: Lot 7 on SP119142, Lot 3 on SP219532, Lot 82 on FTY1310, Lot 20 on SP121970, Lot 3 on SP1243766, Lot 1020 on NPW849, Lot 392 on SP121981, Lot 2 on SP217371, Lot 5 on RP825891, Lot 2 on SP147056, Lot 61 on CP827292, Lot 227 on LX2052, Lot 676 on SP121978, Lot 224 on SP175079, Lot 55 on SP121983 and Lot 557 on NPW782. Further, upon Council’s consent to amend locality boundaries, Council’s Financial Services Directorate and Design Services Division be informed of the amendments to allow the Directorates to update their records.

Carried

Environmental Planning Officer - Ms A Gosley entered the meeting at 9.25am. 1/2 Nomination of Councillor Representatives to be Members of the Steering

Committee for the Environment Strategy

Re: P05/09/09 Nomination of Councillor Representatives to be Members

of the Steering Committee for the Environment Strategy From: Environmental Planning Officer File: 6/5/11/0001 Date: 01 September 2009

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Report: (Environmental Planning Officer– A.J. Gosley) 1. INTRODUCTION As part of Gympie Regional Council’s ongoing commitment to environmental best practice and continuous improvement of its environmental performance, and in accordance with its Environmental Policy, funding from the 2009/2010 Environment and Natural Resource Levy has been allocated to develop an Environment Strategy. 2. STEERING COMMITTEE AND WORKING GROUP The first steps to undertake the Environmental Strategy will be to form a Steering Committee and a Working Group. The development of the Environment Strategy will be directed by the Steering Committee and a Working Group will be formed for technical assistance. The Steering Committee will be made up of Council employees and Councillors. The Working Group will consist of Council employees, community group members, a representative from the Burnett Mary Regional Group and a representative from the Department of Environment and Resource Management. All Councillors are cordially invited to become nominees for the Steering Committee.

P05/09/09 Moved: Cr D.R. Neilson Seconded: Cr A.J. Perrett Recommend that Council nominate Cr G. Engeman and Cr R.A. Gâté to participate as members of the Steering Committee for the development of the Environment Strategy.

Carried

Ms Gosley left the meeting at 9.27am.

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SECTION 2: PLANNING APPLICATIONS 2/1 2009-0618 – Representations for Material Change of Use – Home Business

(Bed and Breakfast) – 38A York Street, Imbil – Mary Valley Views Bed & Breakfast – L & L Fleet

Re: Minute P06/09/09 Representations for Material Change of Use –

Home Business (Bed and Breakfast) – 38A York Street, Imbil From: L & L Fleet File: 2009-0618 Date: 3 August 2009

Report: (Planning Assistant – K.M. Fuller) 1.0 INTRODUCTION An application for Material Change of Use – Home Business (Bed and Breakfast) was approved by Council on 24 July 2009. The applicant suspended the appeal period and lodged representations in relation to two (2) conditions on 3 August 2009. The approved plans are reproduced below.

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2.0 CONDITIONS Representations are submitted in relation to Conditions 7 and 8. 2.1. Council’s Conditions: (a) Condition 7:

‘The entrance and driveway for Lot 10 is to be constructed to a 3 metre wide 2 coat bitumen 25mm asphaltic concrete or reinforced concrete sealed standard from York Street to the rear of Lot 56 on RP12423.’

(b) Condition 8:

‘Car parking and access areas shall be “dust-reduced” pavement and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code except where adjacent to and within 60 metres of an existing dwelling where they shall be sealed.’

2.2 Applicant’s representations: The following correspondence was received from the applicant on 3 August 2009: “We are in receipt of Council’s written approval and conditions to be satisfied for the application above. Of course we are pleased that our application has been reviewed positively in some way however we again have been taken by complete surprise with Council’s harsh, conditional response and have a serious concern that two of the conditions, namely 7 and 8, have not been well founded and may be an unnecessary and excessive cost imposition that will preclude us from continuing with the establishment of our residence and home business. On this basis we are requesting that Council meet with us to review the circumstances under which the conditions are being imposed with a view to negotiating a mutually beneficial outcome. Conditions to be Satisfied Following are the conditions to be imposed verbatim:

7. The entrance and driveway for Lot 10 is to be constructed to a 3 metre wide 2 coat bitumen 25mm asphaltic concrete or reinforced concrete sealed standard from York Street to the rear of Lot 56 RP12423.

8. Car parking and access areas shall be “dust-reduced” pavement and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code except where adjacent to and within 60 metres of an existing dwelling where they shall be sealed.

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On receipt of these conditions we contacted Council’s officers as noted on your correspondence and were advised that in essence the conditions are to be imposed quote “in two months time we don’t want Council being called with any complaints about dust”. We then questioned further to determine if in fact any issues associated with the existing use of the dwelling and the proposed intensity of use had been considered. WE interpreted the answer to be negative. Situation at Present Presently there is an approved dwelling on the site that has traditionally used a laneway approaching from the north eastern corner of the property. The laneway is not part of our Lot 10 and has multiple users from other adjacent dwellings. We are not sure who is responsible for this laneway and from inspection it is in very poor condition and has not been maintained in many years. Irrespective of this we felt that we would be better served by being masters of our own destiny and switch to the designated access for Lot 10. We have leased out the property for over 18 months, with the intensity of use by our tenants being consistent with that of most families. That is to say, they have more than one vehicle, sometimes three of four on the site. Being cognitive of the needs of our tenants and the amenity of our neighbours we had all the existing internal roads, starting from our laneway entrance reformed, graded and compacted to reduce any inconvenience to all. To date we are not aware of any dust-related grievances from our immediate neighbours with whom we are in regular contact. Proposed Intensity of Use After carefully researching business models and occupancy rates associated with Bed and Breakfast type businesses, what we propose is a very modest intensity of use based on the following data:

1. Rooms available for accommodation = 2 2. Most common availability of rooms = 2 days weekly (Typically Friday and

Saturday nights) over 52 weeks; 3. Occupancy rates @ 40% = maximum of 84 occupancies over the course of

the year.

From this data it can be safely assumed that even in the maximum scenario of full occupancy on any one day, the intensity of vehicle use for the accommodation related elements of the site would be well less than the prescribed 10 per day. In fact, it would be no greater than what is already being experience on the site. Economic Implications Considering the modesty of the proposed intensity of use, we put forward for your consideration the following financial summary (commercial in confidence).

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Forecast cost of complying with conditions 7 and 8 are detailed in the following table.

Condition Surface Area Asphaltic Concrete @ Approx $60m2

Reinforced Concrete @ Approx $80m2

7 Length 55m x Width 3m = 165m2

$ 9,900 $ 13,200

8 Length 35m x Width 3m = 105m2

$ 6,300 $ 8,400

$ 16,200 $ 21,600 Forecast net profit from the venture based on the occupancy rate of 40% less cost of sales is $12,700 per annum. If you were to also consider the $420,000 capital cost for construction of the dwelling and service connections, then add $7,000 for sewerage head works, it then becomes obvious that the continued demand from Council makes this sort of family orientated project unviable and in fact dramatically overcapitalised. As demonstrated this is a family lifestyle business only and not the grand enterprise and development that appears to be envisaged by Council. Our Arguments for Negotiation We would like to put forward our argument for negotiation as follows:

• We have already demonstrated that we are emphatic community orientated citizens and in no way wish to compromise the existing harmonious relationships we have with our neighbours;

• The forecast vehicle movements are well below the prescribed 10 per day (in and out constituting one movement), even considering a maximum occupancy of 2 on any given day;

• Additional to the above point, the risk of creating a dust nuisance was already inherently low. We have reduced that risk even further by responsibly maintaining our internal access roads;

• Another factor for consideration is the topography of the block. From street level onwards there is a rising gradient. This in itself necessitates low speeds and further reduces dust risk;

• Council’s conditions are an overcompensation for the proposed intensity of use;

• The continual cost impositions from Council are an unstainable economic burden that precludes any sort of small scale development and or opportunities for small business to progress in the area, especially considering the present economic climate;

• In essence, we believe that we have already met or exceeded the outcomes sought by Council’s Vehicle Parking and Access Codes.

Negotiation and Points for Compromise From a common sense point of view, we concur with Council and had always planned to seal the access from York Street to the rear of Lot 56 (that is our

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access easement). On this basis, we accept condition 7. We believe however, that condition 8 is an unnecessary overcompensation and economic burden. Having said this we are prepared to compromise on condition 8 as follows:

• We are prepared to continue the roadway seal past Lot 56 to a strategic point where the topography of the roadway begins another rising gradient and the guest’s roadway splits into our private home access. When physically viewed on site this is an obvious strategic point – concept drawing attached.;

• Instead of an expensive asset solution that incorporates environmentally unfriendly asphalt or concrete solutions, we proposed a more environmentally friendly approach where we commit to landscaping along the rear boundaries of the adjoining properties to effectively provide a dust barrier;

• If we have the good fortune and acumen to significantly increase from our forecast occupancy and profit projections and it has been determined that there is an increased risk of a dust related grievances we are prepared to review and if necessary escalate the asset solution.

Summary We believe that Council when applying the conditions was not fully aware of, nor made an effort to, understand neither the salient low site risks nor the inherently high business risks associated with our venture. Consequently the immediate response has been to overcompensate with an expensive asset solution to a problem that does not even exist or in fact may not manifest itself. At this stage, we remain committed to participating in the community both socially and economically however time is of the essence. These are difficult times and extended delays and additional costs are becoming an untenable burden for us. Unless we can have a clear direction and understanding of associated costs, we will have to consider abandoning our project and subsequent move to the area. In this endeavour we seek assistance and understanding from Council to help us to establish our residence and family based business in the area by agreeing to meet with us with a view to negotiating a scaled down mutually beneficial solution. Additionally we have already shown that we are emphatic community citizens and if in the future circumstances have significantly changed we would be prepared to review the risks and consider additional asset solutions.” 2.3 Assessment Following submission of the representations the applicants met with Councillors Petersen and Watt and the Director of Planning and Development. At the meeting, the applicants indicated that letters from adjoining neighbours would be submitted to support non-sealing of the driveway and car parking area. Such letters, to date, have not been forthcoming.

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Regardless, the proposed driveway to be used by guests is considered to be located at a sufficient distance to not result in a dust nuisance to lots fronting York Street and the proposed car park is greater than 60 metres from the adjoining boundaries. The standard of driveway for private use, whilst being close to adjoining boundaries cannot be reasonably conditioned through this approval. 2.4 Conclusion It is recommended that a negotiated decision notice be issued, deleting the requirement for a sealed car park and access driveway within 60 metres of the existing dwelling.

P06/09/09 Moved: Cr D.R. Neilson Seconded: Cr A.J. Perrett Recommend that in relation to development application 2009-0618 for Material Change of Use – Home Business (Bed and Breakfast) – 38A York Street, Imbil Council issue a Negotiated Decision Notice amending Condition 8 as follows: “Car parking and access areas shall be “dust-reduced” pavement and designed, drained, constructed and maintained in accordance with Council’s Vehicle Parking and Access Code. However, in the event of Council receiving a legitimate complaint in relation to dust, Council will reassess the need for sealing of the driveway.”

Carried

SUSPENSION OF STANDING ORDERS

P07/09/09 Moved: Cr D.R. Neilson Seconded: Cr R.A. Gâté That Council suspend standing orders and deal with Item 3/1 at a later

stage of this meeting.

Carried

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SECTION 3: RECONFIGURING A LOT APPLICATIONS 3/2 DA17219 – Reconfiguring a Lot – Subdivision to Create One (1) Additional

Lot – Lot 217 RP848398 (406 – 407 Wilton Road, Greens Creek) – BA & S Rowan

FILE: Minute: P08/09/09 DA17219 APPLICANT: B.A. & S. Rowan LANDOWNER: B.A. & S. Rowan RPD: Lot 217 RP848398 SITE: 406 – 407 Wilton Road, Greens

Creek PROPOSAL: Reconfiguring a Lot – Subdivision to

Create One (1) Additional Lot EXISTING ZONE: Rural PLANNING AREA: Rural LEVEL OF ASSESSMENT: Code

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KEY POINT SUMMARY

• Reconfiguring a Lot application to create one (1) additional lot; • Site zoned Rural, adjoining other rural blocks; • No referral agencies; • Size of proposed lot 1 is 36.88ha and proposed lot 2 is 41.64ha; • The proposal does not meet the minimum lot size in the Rural zone of

100 hectares; • The proposed lots are currently traversed by Wilton Road; • Sufficient grounds exist to support the proposal; • Recommended for approval. Report: (Planning Officer – S.F. Court) 1.0 INTRODUCTION 1.1 The Proposal This application seeks to create one (1) additional rural lot from an existing 78.52 hectare lot. The lot parcel is traversed by a formal road. Each part of the property contains a dwelling. The applicants propose to separate the two parts of their land to create two lots able to function independently of each other. The land is currently zoned Rural within the Rural Planning Area. The proposed lot sizes are 36.88 hectares for proposed lot 1, and 41.64 hectares for proposed lot 2.

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The site is identified on the following map as being zoned Rural:

The site is identified on the following Overlay Map:

• OM5 Wetlands/Waterways. • OM8 Good Quality Agricultural Land Class A & B.

Subject Site

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1.2 Site Description The site is undulating with falls in all directions. Both areas however have northerly aspects. The subject property has frontages to Wilton Road, Bath Road and two unnamed roads. The southern lot has a frontage of approximately 577 metres to Wilton Road, a frontage of approximately 810 metres to an unnamed, unformed road running along the whole of its western boundary and a frontage of approximately 652 metres to Bath Road running along the whole of its eastern boundary. Wilton Road is built to a two lane bitumen standard along part of the frontage to the southern lot and to a gravel standard constructed along the balance to the southern lot and the whole of the northern lot. Bath Road is built to a gravel standard level of construction.

1.3 Surrounding Land Uses The area contains a mix of rural lots having a broad range of sizes. This has historically been a farming area but time and circumstance has seen much of the farming activity decrease. The subject land is one of the larger lots in the

Subject Site

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area. The creation of the two new lots will create similar sized properties in this community. 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme Under the arrangements of the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development and subject to the following codes:

Rural Planning Area Code

The development is not considered to compromise any of the Code’s provisions relating to preservation of amenity (i.e. noise, light, air emissions and traffic).

Reconfiguring a Lot Code The proposal is considered to conflict with SO-12 (c) (ii) of the Code which states: “if in the: (iii) Rural Zone, is of a size suitable for rural, and where consistent with

the principles contained in SPP1/92 Development and the Conservation of Agricultural Land, for locationally specific uses, including quarries, timber processing plants and community uses; “

Current Council mapping suggests the site contains both Class A and Class B Good Quality Agricultural Land (GQAL). As the land has been designated for Rural purposes by Council’s Planning Scheme it is considered that State Planning Policy 1/92 should be addressed. The applicant has declined Council’s request to submit an Agricultural Land Assessment to address the requirements of State Planning Policy 1/92. The reason the applicant has declined this is because they consider:

• “The overall property is too small for productive farming activities; • The applicant currently operates a beef cattle raising enterprise which

is not financially viable; • The existing road system makes it difficult to properly operate the

farming activity; • The proposed subdivision would not alienate GQAL as this is already

occurring as a consequence of the road system; • The surrounding road system prevents the ability to amalgamate with

other lots to increase of improve productivity.”

Therefore, as these reasons demonstrate that the proposal does not severely impact the use of GQAL it is considered that State Planning Policy 1/92 has not been compromised and has been addressed.

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Specific Outcome 12 of the Reconfiguration a Lot Code requires that ‘each lot, separate part of a lot or access easement: a. is of sufficient size and suitable proportions to be able to be capable of

being used for its intended purpose; and, b. is not less than the minimum area and dimensions indicated in Schedule

Table 12 minimum Lot Areas, Dimensions and Frontages for the zone in which the lot is located except where no greater number of lots is created, and a lesser and reasonable size is warranted due to pre-existing lot size, …,’

Schedule Table 12 Minimum Lot Areas, Dimensions and frontages requires: - Minimum 100 ha lot size; and - Minimum frontage of 100m. Although the proposed lots do not meet the minimum lot size of 100 ha for each lot, they are larger in comparison to other rural lots in the surrounding area. Proposed lot 1 is 36.88 ha and proposed lot 2 is 41.64ha. These lots are already traversed by Wilton Road which is a gravel standard. Access to the proposed lots will be from the existing entrances on Wilton Road. There are existing dwellings on each parcel of the proposed lots. This suggests that residential uses already exist on the lots, and therefore approval of the proposed subdivision will not result in additional entitlements that are currently in place. Infrastructure Works Code The proposal is able to meet the requirements of the Infrastructure Works Code for the Rural Zone. A contribution towards the road improvements is not considered applicable given dwellings exist on both lots. Landscaping Code Street trees are not generally required as part of subdivisions in the Rural Zone. Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site contains large sections of both Class A and Class B GQAL in the allotment, however given there are existing dwellings on both of the proposed lots and the lots are traversed by an existing road, the preservation of GQAL is not considered to be a significant issue in this application.

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Natural Waterways & Wetlands Areas Code The Natural Waterways & Wetlands Code is intended to preserve the ecological values and environmental functions of natural waterways, natural wetland areas and wetland protection areas present within rural areas. The development site contains creeks running through both proposed lots, however given the proposal has existing dwellings on each parcel, the preservation of these waterways and wetlands is not considered to be a significant issue in this application.

2.2 Local and/or State Planning Policies The conservation of agricultural land through State Planning Policy 1/92 has been previously addressed in this report.

No other State Planning Policies are considered applicable. 3.0 PLANNING CONSIDERATIONS 3.1 Impact on Amenity Given the shape of the proposed lot and the existing dwellings the proposal is considered not to compromise amenity in the area. 3.2 Site Access and Traffic Consideration of road connections to lots is not required as adjoining sites all have access to suitable standard of roads within the Rural Zone.

A contribution towards road improvements would be considered warranted due to the increased traffic that the proposal is likely to generate.

3.3 Flooding The site is well elevated and is not subject to flooding. 3.4 Vegetation Lower lying areas of the site particularly along creeks contain reasonable cover of native vegetation but this vegetation is not identified as a Regional Ecosystem. 3.5 Site Contamination The site is not known nor suspected to be contaminated. The site does not appear to have been used for a notifiable activity under the Environmental Protection Act 1994.

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3.6 Services Electricity and telecommunications are already available to the site. 4.0 CONSULTATION 4.1 Internal (a) Design Department Comments Report: (Senior Technical Officer Design Services – A.C. Walsh) The proposal is to subdivide Lot 217 RP 848398, 406 & 407 Wilton Road, Greens Creek into two lots. The land is zoned Rural and the area of the proposed lots are as follows- Lot 1 36.88ha and Lot 2 41.64 ha. ROADS Wilton Road is constructed to a two lane bitumen standard along part of the frontage to proposed Lot 1 with the remained being gravel construction. Proposed Lot 2 has frontage to the gravel section of Wilton Road and Bath Road. The access to both lots is from the gravel section of Wilton Road. Visibility clearing and benching will be required to the western side of the access to Lot 2 to achieve the 65 metres sight visibility. ROAD CONTRIBUTION As the proposal is a non complying rural subdivision Council may wish to apply a road contribution equivalent to the contribution Policy 12 Sealed Road Contributions for Designated Rural Residential Areas i.e. $11,159. (This has not been recommended as both parcels are currently improved by dwellings and the subdivision will not result in any increased loading on the road network). 5.0 CONCLUSION

The following grounds are considered to be a reasonable basis upon which Council may favourably decide the application: - The proposed 36.88 and 41.64 hectare lots are already physically separated

from each other by a gravel road; - The productivity of each parcel is unlikely to be affected by the formal

excision of the subdivision; and - The practical difficulties associated with severing of a rural lot by a road

are recognised by planning documents applicable elsewhere in Queensland.

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P08/09/09 Moved: Cr L.J. Friske Seconded: Cr A.J. Perrett

Recommend that Council, as Assessment Manager, APPROVE Development Application DA17219 for Reconfiguring A Lot – Subdivision to create One (1) Additional Lot over Lot 217 RP848398 located at 406 – 407 Wilton Road, Greens Creek, subject to the following conditions:

Assessment Manager’s Conditions Section 1 - Conditions To Be Satisfied Prior To Council signing and

sealing the Plan of Survey 1. The development shall be generally in accordance with the plan

submitted with the application (‘Proposed New Lot’ Plan No. ROWAN001-07, unauthored and dated SEPT 2007).

2. All outstanding rates or charges levied by Council or expenses that

are a charge over the subject land under any act are to be paid.

3. The whole of the subject land including all approved lots is to be treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

4. Identification markers are to be placed within 1 metre of survey pegs

at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 m high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be completed and lodged with Council.

5. Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey. 6. Satisfy the requirements of Energex and Telstra in relation to any

existing services which currently traverse the subject site. Suitable arrangements shall be made to formalise any existing informal service arrangements to the satisfaction of the relevant authorities..

7. Undertake at no cost to Council, the alteration of any public utility

mains (e.g. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

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8. At locations where the existing road formation encroaches onto

proposed lot/s, road reserve widening is to be surveyed and opened as road reserve to ensure the centerline of the existing formation is no closer than 10 metres to the resurveyed road boundary.

Notes (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

Carried 3/3 2008-1694 – Reconfiguring a Lot – Subdivision to Create One (1) Additional

Lot – Gympie Connection Road Victory Heights – B. Pearce

FILE NO: Minute: P09/09/09 2008-1694 APPLICANT: B. Pearce LANDOWNER: B.A. Pearce & C. J. Shaw RPD: Lot 173 CP85056 SITE ADDRESS: Gympie Connection Road, Victory Heights PROPOSAL: Reconfiguring a Lot – Subdivision to

Create One (1) Additional Lot EXISTING ZONE: Rural LEVEL OF ASSESSMENT Code SUBMISSIONS: None SITE AREA: 2.004 Hectares

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The previous report is reproduced below:

KEY POINT SUMMARY

• Application to create one (1) additional small rural allotment within the Rural zone.

• Proposed Lot 1 is to have an area of 1.344 hectares and proposed Lot 2 is to have an area of 6 600m2.

• Application lodged for assessment against the Cooloola Shire Council Planning Scheme 2005.

• Property is zoned Rural and is below the minimum lot size of 100 hectares for subdivision within this zone.

• The site is not considered to form a logical extension of the existing Rural Residential zoned areas within the locality and is not supported under the current Planning Scheme.

• Demonstrated need for additional Rural Residential land within the vicinity has not been established.

• Urban and Rural Residential Land Strategies are to be undertaken, as part of the Planning Scheme Review, to inform future policy direction and development pattern for this area.

• Additional fragmentation of existing Rural zoned land is likely to compromise the ability to achieve efficient and logical future urban expansion.

• Insufficient planning grounds exist in order to support the proposal. • Application recommended for refusal.

Gympie Connection Road

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Report: (Principal Planner – K.M. Toomey) 1.0 INTRODUCTION This application seeks Council’s approval for Reconfiguring a Lot to allow the creation of one (1) additional small rural allotment on the corner of Browns Road and Gympie Connection Road, Victory Heights. 1.1 The Site

The development site is located on the corner of Browns Road and Gympie Connection Road, Gympie. The site has a total area of 2.004 hectares and is a regular shaped allotment. The land has approximately 190 metres of frontage to Browns Road, which is currently constructed to a 5.5 metre sealed rural road standard. The site also has approximately 102 metres of frontage to Gympie Connection Road, which is a State-controlled road. The site is currently vacant and the majority of the site has been previously cleared to facilitate general rural uses and is classified as containing both Class A and Class B Good Quality Agricultural Land. The remaining vegetation on the site is not mapped as being of significance for conservation purposes. The topography contains varying slopes up to 12% and a defined natural drainage line also traverses the site. The site is also included within Council’s designated Water Service Area. 1.2 The Proposal The proposal comprises reconfiguring the land to create one (1) additional small rural lot of 6 600m2, with a balance parcel of 1.344 hectares. The proposed layout is reproduced below.

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1.3 Surrounding Land Use The surrounding land is characterised by small rural allotments immediately to the south and east, which are predominately utilised for general rural purposes. The eastern extent of the rural parcels is bound by the Railway Line. Land immediately to the north and further a field to the east is characterised by rural residential development, some allotments of which have the potential for further subdivision. Immediately to the west is characterised by urban development, fully serviced by reticulated water and sewerage infrastructure.

Zoning Map 2.0 STATUTORY REQUIREMENTS 2.1 Compliance with the Planning Scheme 2.1.1 Scheme Definition Under the arrangements of the Cooloola Shire Council 2005 Planning Scheme, Reconfiguring a Lot is ‘Code Assessable’ development.

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2.1.2 Planning Scheme Provisions The proposed development is assessable against the Codes outlined below. Gympie Planning Area Code An Overall Outcome of the Rural Planning Area Code requires that rural uses are to predominate within the Rural zone. Proposed Lots 1 and 2 will have an area of 1.344 hectares and 6 600m2 consecutively, which is not considered sufficient to support the undertaking of a range of rural or agricultural uses. It is however acknowledged that the current lot size of 2.004 hectares is already well below the minimum lot size and the overall rural viability of the site is limited. Further, given the proximity of the site to the existing extent of the Housing zone within the Victory Heights locality and inclusion of the site within Council’s identified Water Service Area, the remaining Rural allotments within this immediate area are likely to be required for future expansion of the urban area. The proposal is generally able to meet the remainder of the outcomes sought within the Gympie Planning Area Code. Reconfiguring a Lot Code Overall Outcome (i) of the Reconfiguring a Lot Code states that ‘if a new lot or a separate part of a lot is created, the lot or part of the lot is of sufficient size and suitable proportions having regard to: (i) its useability for its intended purpose in accordance with design standards;’ Design provisions for rural allotments include: - Minimum 100 hectare lot size; - Minimum frontage of 100m per allotment; - House sites on slopes no greater than 15%; and - Building envelopes of 2 000m2, above the Q100 flood level and able to

accommodate suitable on-site effluent disposal. The development is unable to meet the minimum lot size of 100 hectares for subdivision in the Rural Zone and the areas proposed for Lots 1 and 2, are considered to be of insufficient size with regard to useability for rural and agricultural purposes. It is acknowledged that the development site lot size, at 2.004 hectares, is already below the minimum required, however this alone is not considered to constitute grounds for allowing the creation of additional small rural allotments.

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The site is identified within Council’s Designated Water Service Area, however provision of reticulated water and sewerage has not been proposed as part of the development and is likely to be considered onerous to be imposed on a one (1) lot subdivision. A geotechnical report was not provided in support of the application demonstrating that all allotments contain adequate on-site effluent disposal areas. This information would need to be sought should the unserviced proposal be determined, by Council to be an appropriate use of the site. The proposal is therefore not considered to meet the outcomes sought for the Reconfiguring a Lot Code for subdivision within a Rural zone. Infrastructure Works Code The proposal could be conditioned to generally meet the requirements of the Infrastructure Works Code for the Rural zone. Landscaping Code Street trees are not generally required as part of subdivisions in the Rural zone. Resource Areas Code The Resource Area Code is intended to preserve Good Quality Agricultural Land (GQAL) present within rural areas. The development site contains both Class A and Class B GQAL and sufficient grounds have not been provided in order to demonstrate an overriding community need for the creation of an additional small rural allotment within the Rural zone. 2.2 Local and/or State Planning Policies Current Council mapping suggests sections of the site contain both Class A and Class B Good Quality Agricultural Land (GQAL) and therefore assessment against State Planning Policy 1/92 Development and the Conservation of Agricultural Land is required. The development proposes the creation of one (1) small rural lot, with the remainder of the land to be retained in a balance lot. Sufficient grounds have not been provided in order to demonstrate that an overriding community need exists for further development of this nature within the Rural Zone. Overall community need may however be able to be demonstrated should the development be redesigned to propose an urban subdivision. Therefore the overall intent of State Planning Policy 1/92 Development and the Conservation of Agricultural Land is considered to be compromised by the proposal in its current form.

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No other State Planning Policies are considered applicable. 3.0 PLANNING CONSIDERATIONS 3.1 Appropriateness of the Proposal Urban and Rural Residential Land Strategies, which are to be undertaken as part of the Planning Scheme Review, will inform with greater clarity, a future policy direction and development pattern within the Gympie region. Further, as the extent of additional Rural Residential land required within the locality is currently unknown and the site and surrounding allotments are likely to be required for urban expansion, additional approvals granted over existing Rural zoned land may compromise the ability to achieve efficient and logical urban expansion. The following item was included in a request for further information: ‘Preliminary assessment of the proposal has determined that Council Staff are unlikely to support the development in its current form given that it is inconsistent with the Planning Scheme, is identified within the designated Water Service Area and is likely to be required for future expansion of the Housing Zone. It is requested that you demonstrate the following to enable Council to carry out a full assessment of the proposal: 1. With regard to the above advice, demonstrate that there is an overriding

need for the development proposed, so as to account for the conflict with the Planning Scheme and likely future use of the area for urban purposes.’

A meeting was also held to discuss the proposal and staff concerns in greater detail. The following correspondence was submitted by the Applicant’s Consultant in response: ‘…The recent meeting with Council flagged the need to consider a means to control the future siting of houses on the two lots as currently proposed so as to avoid creating the need to make compromises in the future housing development of each of these two lots. The applicants’ preference for doing this is to define building footprints for each proposed lot that can become a condition on the current development permit if considered necessary by Council. Proposed Lot 1 will include Areas A1 and A2 and proposed Lot 2 include Area B and each building footprint delineates building setbacks that would be likely to apply to the site boundaries in any future housing development of each proposed lot based on the likely new road opening as shown by the dashed lines.’

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The restricted building envelopes to be registered against the title of the lots, as suggested by the developer, are considered to be an undesirable outcome for rural lots in reserve for urban expansion on the urban fringe. Whilst it is acknowledged that some regard has been given to retaining the future urban subdivision potential of the site, Council does not currently have a local area plan in place in order to ensure the proposal will ultimately result in cohesive, integrated development occurring within the locality, including the provision of an effective road network, cost efficient services and associated infrastructure. Additionally, the further fragmentation of small rural lots and the possibility of the new lots being held in separate ownership, further reduces the likelihood of efficient and logical sequencing of future urban development. The creation of an additional small allotment within the Rural zone, which is unable to be utilised for agricultural purposes and may compromise the logical future expansion of the Housing Zone, is not supported by the current Planning Scheme and the proposal is therefore considered to be an inappropriate use of the site. 3.2 Impact on Amenity No amenity concerns are raised by the proposal. 3.3 Site Access and Traffic Browns Road is constructed to a 5.5 metre sealed bitumen standard, which is of an appropriate standard for a rural road. Refer to Design Services Division report for further details. 3.4 Flooding Refer to Design Services Division report for further details. 3.5 Vegetation No significant vegetation is mapped as occurring on the site. 3.6 Site Contamination This site is not listed on the Environmental Management Register.

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4.0 CONSULTATION

4.1 Internal

a) Design Department Report: (Acting General Manager Design Services – N. Weller) This report addresses information submitted by the applicant. The Planning Department appear to have this area in mind for future housing. TRAFFIC Potential additional traffic will be generated on Browns Road and Barton Road. It is considered reasonable to request a roadworks contribution equivalent to one lot in accordance with PSP12. FRONTAGE ROADS / ACCESS The lot fronts Gympie Connection Road and Browns Road. No access will be allowed to Gympie Connection Road. Browns road is a 5.5 metre sealed road for the frontage of this lot. This is considered adequate for a rural road with the current and proposed traffic. FLOODING / STORMWATER DRAINAGE The applicant has not addressed the local Q100. Site inspection indicates that this is critical for determining both this proposed subdivision as well as the future housing layout. It appears that very little land will be available for housing on proposed Lot 2. The Q100 level will need to be established prior to accepting any proposed subdivision. WATER The lot is in the declared water area with a 100mm diameter main servicing the lot opposite on Browns Road. Because it is a rural subdivision, connection to water is not necessary. SEWERAGE The lot is contiguous to the declared sewer area. Connection is not necessary for a rural subdivision. No effluent disposal report was submitted. My assessment of site is that advanced secondary effluent treatment is required for both current environmental constraints and future subdivision.

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4.2 External a) Public Notification Given that the application is ‘Code Assessable’, public notification was not required to be undertaken. No other submissions were received regarding the development. b) Department of Main Roads The application required referral to the Department of Main Roads as a Concurrence Agency, given that the proposed development is situated within 100 metres of Gympie Connection Road, which is a State-controlled road. The Department has provided conditions relating to likely impacts of the development on the State-controlled road network, including prohibiting access from Gympie Connection Road. 5.0 CONCLUSION The proposed development sets out to create one (1) additional small rural allotment within the Rural zone, in the locality of Victory Heights. The proposed development is not considered to constitute a logical extension of the existing Rural Residential areas identified under the current Planning Scheme and may compromise the future expansion of the urban area. The restricted building envelopes to be registered against the title of the lots, as suggested by the developer, are considered to be an undesirable outcome for the reasons outlined. Additionally, the further fragmentation of small rural lots and the possibility of the new lots being held in separate ownership, further reduces the likelihood of efficient and logical sequencing of urban development occurring in the future. Given that Urban and Rural Residential Land Strategies are to be undertaken as part of the Planning Scheme Review, the creation of an additional allotment within the remaining Rural zoned land at this stage, is likely to compromise the ability to achieve efficient and logical development under a future Planning Scheme. Further, no significant community benefit is likely to be achieved as a result of the development and adequate planning grounds do not exist in order to support the proposal of an additional small, unviable rural lot. Therefore with due consideration for the abovementioned information and non-compliance with the provisions of the current Planning Scheme, the application is recommended for refusal.

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Recommendation: (Director of Planning & Development – M. Hartley) Recommend that Council, as Assessment Manager, REFUSE Development Application 2008-1694 for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 73 on CP850506, for the following reasons: (i) The proposal conflicts with the Cooloola Shire Council Planning

Scheme 2005. (ii) The site is below the minimum lot size for subdivision within the Rural

zone; (iii) The proposed lot sizes are considered insufficient for their intended use

for rural and agricultural purposes; (iv) The development is not considered to be efficient infill development, nor

a logical extension of the existing Rural Residential zoned land within the immediate area;

(v) Further fragmentation of the Rural zoned land within the Victory Heights locality may compromise the ability to achieve efficient and logical expansion of the Housing Zone;

(vi) Insufficient planning grounds have been provided to support the proposal.

Minute P15/09/09 Refers. P15/09/09 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté Recommend that the Director of Planning and Development be requested to provide appropriate conditions of approval to a future Planning and Development Committee meeting.

P09/09/09 Moved: Cr L.J. Friske Seconded: Cr R.A. Gâté Recommend that Council, as Assessment Manager, APPROVE Development Application 2008-1694 for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot over Lot 73 on CP850506, subject to the following conditions: Assessment Manager’s Conditions Section 1 - Conditions to be Satisfied Prior to Council Signing and

Sealing the Plan of Survey 1. (i) The development shall be generally in accordance with the

plan submitted with the application (Plan Reference No: D-01039-01-B, drawn by LM – Martoo Consulting and dated 11/05/2009);

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(ii) The layout of the development as shown on the endorsed development plan shall not be altered or modified unless required by Conditions 2 and 3 and previously approved by Council’s Chief Executive Officer.

2. Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey to ensure that sufficient land lies above the Q100 level to allow for building and effluent disposal areas.

3. The Q100 contour level for local runoff is to be calculated by an

RPEQ and surveyed by a cadastral surveyor and shown on a copy of the Plan/s of Subdivision and submitted to Council. The datum for such a contour line is to be AHD unless otherwise agreed to by Council’s Chief Executive Officer. Where levels of local flooding are based on local knowledge the source of the information and method of calculation is to be referenced thereon.

4. All outstanding rates or charges levied by Council or expenses that are a charge over the subject land under any act are to be paid.

5. In accordance with Planning Scheme Policy 11: Roadworks

Contributions, a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $11 159, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

6. In accordance with Council’s Planning Scheme Policy 6: Park

Contributions, a contribution is to be paid to Council for the improvement of existing public park or recreation spaces in the general area. The contribution is currently assessed at $1 837, based on $1 837 per new lot created, however the actual amount payable will be based on Council's policy and the rate applicable at the time of payment.

7. The whole of the subject land including all approved lots is to be

treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

8. An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

9. The applicant shall make suitable arrangements for the provision

of an underground telephone service to the proposed allotments.

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Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

10. Undertake at no cost to Council, the alteration of any public utility

mains (e.g. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

11. Access to the proposed lots are to be constructed in accordance

with the requirements of Council’s Infrastructure Works Code – Drawing R-15.

12. Access to each lot shall have a minimum visibility of 85 metres in

each direction to the satisfaction of Council’s Chief Executive Officer.

13. All lots are to be permanently numbered with reflective numbers

on posts to the satisfaction of Council’s Chief Executive Officer. 14. Identification markers are to be placed within 1 metre of survey

pegs at corner posts of the property. Markers are to be painted white and be at least 100 millimetres in diameter, 1.2 metres high above ground and set at least 450 millimetres into the ground. On completion of placement the enclosed Notification of Compliance Form is to be lodged with Council.

15. A physical barrier is to be constructed along the full frontage of

Gympie Connection Road, at the developer’s cost, to the satisfaction of the Chief Executive Officer.

16. The development herein approved may not start until written

confirmation is provided to Council that the Department of Transport and Main Roads Conditions attached to this Development Permit are substantially completed/fulfilled to the satisfaction of the Department of Transport and Main Roads.

Notes (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the

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duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Water ~ phone (07) 3238 3838 or website www.nrw.qld.gov.au.

(ii) Council’s property records will be noted that advanced secondary

effluent treatment systems are likely to be required to be installed in conjunction with the construction of a dwelling on the proposed vacant lots.

Carried

3/4 DA18449 – Representations for Development Permit for Reconfiguring a Lot – Subdivision to create Four (4) Additional Lots – Lot 1 RP12433 – 4- Elizabeth Street, Imbil – Development Management Solutions Pty Limited

Re: Minute: P10/09/09 Representations for Development Permit for

Reconfiguring a Lot – Subdivision to Create Four (4) Additional Lots From: Development Management Solutions Pty Ltd Site: 40 Elizabeth Street, Imbil File: DA18449 Date: 22 July 2009

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Report: (Manager Development and Compliance – T.M. Stenholm and

Acting Design Services General Manager – N. Weller) 1.0 INTRODUCTION Development approval for Reconfiguring a Lot – Subdivision to Create Four (4) Additional Lots was approved on 26 June 2009.

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The applicant suspended their appeal period and lodged representations in relation to some of the conditions on 24 July 2009. The conditions requested to be reconsidered are outlined below. 2.0 REPRESENTATIONS

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Representations are submitted in relation Conditions 1.2, 1.13, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10 and 2.13 of the development permit. 3.0 ASSESSMENT 3.1 Condition 1.2 (a) Condition 1.2 reads: “Proposed Lot 15 is to be amended to include a minimum 6 metre wide access handle to Marsden Street. Access easements A, B, C, D and E are to be deleted.” (b) Applicant’s representations: “In response to this condition we make the following comments; • The most appropriate access for both proposed lots 14 and 15 is a

shared access directly off Elizabeth Street as indicated on the attached preliminary sketch prepared by SSE Civil Consultant Ref – 209116-SK3.

• Suitable carparking is available for the existing house on proposed lot 14 at the rear of the house.

• Any proposal for the primary access to lot 15 to be located off Marsden Street in appropriate given the location of the proposed building envelope directly adjacent to proposed lot 14.

• An access off Marsden Street would be prohibitively expensive based on the length of the accessway to service the proposed house site and the need to provide some level of flood immunity for the access to cross the overland flow path which traverses lot 15.

• A 6.0m wide access handle to Marsden Street would unnecessarily impact on the integrity/amenity of lots 11, 12 and 13.

On this basis we contend that proposed Easement ‘C’ should be retained at it is the most appropriate outcome for access to lot 15 and does not impact or limit vehicle parking or access to proposed lot 14. In relation to the provision of access to proposed lots 11,12 and 13 it is considered that the most appropriate access to these lots is by means of a shared access with the respective rights of each of the properties preserved by the creation of proposed Easements ‘A’ & ‘B’ over the shared accessway. Please refer to details of the proposed access off Marsden Street to each of these lots on SSE Civil Consultant sketch 209116-SK2. On this basis we contend that proposed Easements ‘A’ and ‘B; should be retained as it is the most appropriate outcome for access to lots 11, 12 and 13.

(c) Assessment

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Revised drawings dated 20 July 2009 were submitted demonstrating access to the proposed lots 11, 12 and 15 with the use of access easements. Condition 1.2 may be deleted, however condition 1.1 will need to be amended to reference the revised drawings. Council’s standard condition in relation to submission of easement documents will also need to be added. 3.2 Condition 1.13 (a) Condition 1.13 reads: “Easements or reserves for drainage purposes are to be surveyed and registered in favour of the downstream/upstream property at no cost to the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.” (b) Applicant’s representations: “In relation to the requirements of this condition we are seeking clarification as to the extent of the proposed easement. We understand that the required easement will cover the extent of the overland flow path that traverse the centre of the property. In terms of the extent of the easement is Council in a position to provide advice regarding the calculation of the width of the easement and what storm intensity is generally accepted by Council for any calculation of the overland flow through this property. We note that the condition requires the easement to benefit both the downstream and upstream properties. We would have expected for such a drainage easement to be required over a natural waterway that the easement would have been required to be in the form of an Easement in Gross to the Gympie Regional Council. Can this please be clarified by Council?” (c) Assessment The design of the easement is to be conducted by the applicant’s RPEQ engineer at the operational works stage for Council’s approval. Any concentrated stormwater water discharge from the road reserve or from an upstream property to a downstream property must be contained within an easement.

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Condition to be amended to read “Easements or reserves for drainage purposes are to be surveyed and registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of operational works approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.” 3.3 Condition 2.5 (a) Condition 2.5 reads: “Marsden Street is to be opened and constructed to a bitumen seal standard in accordance with Council’s Road Design Standard. Widen the existing road 2.75 metres from the centerline to the kerb and channel invert: (a) for the full development frontage, and (b) for the existing full radius arc length at the corner to the turning point

and then taper back to meet existing, and (c) include all associated stormwater drainage. Note: All roadwork profiles are to comply with Council’s Planning Scheme.” (b) Applicant’s representations: “Marsden Street Roadworks – We understand that this condition is based on standard development guidelines adopted by the Gympie Regional Council; however we point out that at this location the existing road formation is not located centrally in the road reserve and the cross fall of the existing formation is to be west. We also note that this road services a limited number of properties to the south of this point. Notwithstanding this it seems impractical to provide kerb and channel along the eastern side of Marsden Street as it will be at the highest point of the formation and not serve any purpose as a drainage structure. In response to the requirement to widen Marsden Street we request a site meeting with the Council engineering officer and our client’s engineer, Mr Sean Stringer to establish on site, the extent of any proposed works and the most appropriate solution to this proposal by Council. It is important to recognise that it is necessary for this development to maintain an appropriate grade for the provision for access to proposed lots 12, 12 and 13. On this basis we request an on-site meeting to resolve the matters associated with this condition.” (c) Assessment

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The applicant has offered an alternative solution for Council consideration.

The applicant has proposed that kerb and channel in Marsden Street is not cost effective for either Council or the Developer. This condition has been interpreted as applying to half of the road width and required installation of kerb and channel and widening of the seal. a) On the left hand side, kerb and channel will not perform any function. b) Widening to the IP rather than the full arc radius of the curve appears to be

more practical.

Agreed. Condition to be amended to read: “Marsden Street carriageway is to be widened on the eastern side, with a minimum 200mm pavement and 2 coat, 16mm and 10mm chip seal: a) for the full development frontage of the development with tapers extending

beyond the frontage; and b) for half the arc length of the curve at the northern end of the development

frontage.” 3.4 Condition 2.6 (a) Condition 2.6 reads: “Elizabeth Street is to be upgraded. Specifically the following works are to be undertaken in accordance with plans and specifications approved by Council’s Chief Executive Officer: (a) Kerb and channel with 1.2 metre wide bitumen widening. Council

requires a contribution of $8,601 (indexed annually from the date of this approval in accordance with CPI) for this work to be carried out in conjunction with other works in the area.”

(b) Applicant’s representations: “Elizabeth Street Roadworks – We understand that this condition is based on standard development guidelines adopted by the Gympie Regional Council. We note that whilst Council requires road widening and kerb and channel to the full frontage of the site, we note that there is no evidence of any road widening or kerb and channel in Elizabeth Street. As tis proposal creates only one additional allotment gaining access off this street and on the basis that it is proposed to maintain a single access point to the development we do not consider that there is any justification for the proposed works. The client is prepared to construct a properly designed verge cross over that incorporates a culvert to preserve the drainage of the existing table drain on this footpath in

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Elizabeth Street. Please refer to the preliminary sketch prepared by SSE Civil Consultant Pty Ltd Ref 209116-SK3. On this basis we would ask Council to consider this proposal by our client as an alternative solution for the Elizabeth Street frontage to the site. (c) Assessment Council has conditioned a contribution of $8,601 in lieu of constructing kerb and channel and widening in Elizabeth Street. It is agreed that the practicality of installing kerb and channel is questionable, therefore the contribution amount is recommended to be reduced to delete this element. 3.5 Condition 2.7 (a) Condition 2.7 reads: “Street lighting is to be provided to Marsden Street Frontage in accordance with current Australian Standards/New Zealand Standards for Street Lighting and Equipment Design and Council’s Infrastructure Works Code. The subject road/street is classified as an Access Street for the purposes of designing the system/category of lighting required. The developer is responsible for payment for the first 12 months electricity for the lighting system.” (b) Applicant’s representations: ‘Street lighting – We note that this condition is in conflict with earlier condition 1.10, which requires a contribution of $850.00 be paid to Council by the developer. Our client is prepared to make the contribution required by condition 1.10 to Council. Please clarify that this is the only street lighting requirement of this development approval.” (c) Assessment Condition 2.7 refers to the Marsden Street frontage only as stipulated in the condition. Condition 1.10 refers to the Elizabeth Street frontage only.

At an on-site meeting with the applicants it was agreed that a contribution

payable to the provision of street lighting within the Imbil area, as opposed to Marsden and Elizabeth Streets would be more beneficial.

On this basis condition 2.7 can be deleted and condition 1.10 to be amended

“A contribution of $2,550 is to be paid to Council towards the provision of street lighting in Imbil.”

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3.6 Conditions 2.8 and 2.9 (a) Conditions 2.8 & 2.9 read: “Stormwater is to be disposed of on site so as to cause no scour or damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.” and “(i) Provide Council with written permission from relevant adjoining landowners to discharge/accept concentrated stormwater onto their respective properties. (ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.” (b) Applicant’s representations: “Stormwater Discharge – This condition refers to the discharge of stormwater/roofwater on the development site. Future houses on each of these lots will be required to meet the requirements of the Queensland Development Code which requires the installation of a 5000ltr rainwater tank, the recycling of the captured that water back into the dwelling for use in toilet cisterns and for laundry use. Any overflow from these tanks will be directed to a filtration/soakwell pit within each of the residential lots that will minimise any increase in discharge overland and onto lot 15. It is considered that a ‘no worsening’ situation can be maintained. On the basis of this proposal can Council please confirm/clarify the requirements of this condition and in particular the requirement to obtain the consent of the downstream land owner as it is not considered that there will be any discharge of concentrated stormwater onto the downstream adjoining property. (c) Assessment The intent of these conditions is to manage stormwater discharge on the proposed development and the effects on downstream property owners, which will be determined and designed at the operational works stage for Council approval.

Condition 2.8 and 2.9 to remain.

3.7 Conditions 2.10 (a) Conditions 2.10 read:

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“Inter-allotment drainage is to be provided/registered as the lay of the land dictates such that no property is adversely affected from flows onto or discharges to any new proposed or existing residential lot.” (b) Applicant’s representations: “Inter-Allotment Drainage – We would ask that Council clarify the intent of this condition. Does this condition relate to the potential management of stormwater runoff from the Marsden Street frontage onto the proposed lots? Is the intent of this condition that any such drainage be formally drained to a lawful point of discharge so that it does not impact on the proposed lots or adjoining properties? We request that the intent of this issue be discussed with our client’s engineer, Mr Sean Stringer at the proposed on-site meeting.” (c) Assessment The details are to be determined during the operational works stage for managing stormwater on the proposed development.

Condition to remain.

3.8 Conditions 2.13 (a) Conditions 2.13 read: “The existing sewer in proposed Lot 12 is to be extended to Lot 4 RP851931. Written permission is to be provided to Council to construct sewer in the adjacent lot.” (b) Applicant’s representations: “Sewer Extension – We note that this condition requires that the proposed sewer be extended through proposed lots 11, 12 and 13 to service the adjoining lot to the south of the property (lot 4 on RP 851931). We note that this sewer extension will commence from the existing manhole located in the adjoining property to the north (Lot 135 on RP 12435) and we would e that council may require us to obtain the consent of the owner of the land within which the originating manhole is located. Can Council please confirm that this is the case? The condition appears to read that the consent of the southern adjoining land owner is also required for us to construct the sewer such that it provides a

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house connection to that property, If the owner of the upstream property does not agree to us providing a sewer connection to that property what will the Council requirement be for extension of the sewer? Will it be appropriate to terminate the extension at the lot 12/lot 13 boundary? We request that the intent of this issue be discussed with our client’s engineer, Mr Sean Stringer at the proposed on-site meeting.” (c) Assessment Condition to be amended to read: “The existing sewer in Lot 135 on RP12435 is to be extended to the southern boundary of proposed lot 13 as shown on the approved plan.

P10/09/09 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté Recommend that in relation to development application (DA18449) for Reconfiguring a Lot – Subdivision to Create Four (4) Additional Lots Lot 1 RP12433 – 40 Elizabeth Street, Imbil, Council issue a negotiated decision notice incorporating the following amendments: (i) Condition 1.2 to be deleted; (ii) Condition 1.1 to be amended to refer to new approved plans (Plan

ref H0676-P4 drawn by AJS Surveys and dated 20/07/2009); (iii) New condition 1.15 to be included as follows: ‘A duly executed grant of easement for access and services is to be

submitted to Council for approval, together with any necessary Plan Registry Authority forms requiring Council’s endorsement, prior to the release of the Plan of Survey. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.’

(iv) Condition 1.13 amended to read: ‘Easements or reserves for drainage purposes are to be surveyed and

registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of operational works approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents

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will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.’

(v) Condition 2.5 amended to read: ‘“Marsden Street carriageway is to be widened on the eastern side, with

a minimum 200mm pavement and 2 coat, 16mm and 10mm chip seal: (a) for the full development frontage of the development with tapers

extending beyond the frontage; and (b) for half the arc length of the curve at the northern end of the

development frontage.” (vi) Condition 2.6 amended to read: ‘A contribution towards Elizabeth Street upgrading and equivalent to

bitumen widening of the development site frontage (excluding kerb and channel) is to be paid to Council. The amount is currently calculated at $6 544, however will be indexed annually from the date of this approval in accordance with ABS ANZSIC Class 4121.’;

(vii) Condition 2.7 to be deleted; (viii) Condition 1.10 amended to read: ‘A contribution of $2 550 is to be paid to Council towards the provision

of street lighting in the Imbil area.’ (ix) Conditions 2.8, 2.9 and 2.10 to remain; (x) Condition 2.13 to be amended to read: ‘The existing sewer in Lot 135 RP12435 is to be extended to the

southern boundary of proposed lot 13 as shown on the approved plan.’

Carried ADJOURNMENT OF MEETING The Meeting adjourned for morning tea at 9.42am. RESUMPTION OF MEETING The Meeting resumed at 9.58am.

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COUNCIL IN COMMITTEE

The Chairman advised the meeting that Council was going “Into Committee” to

discuss two proposed developments in the Region. P11/09/09 Moved: Cr A.J. Perrett Seconded: Cr R.A. Gâté That pursuant to the provisions of Section 463 of the Local Government

Act, Council resolves to close the meeting to the public and move “into committee” to consider two proposed developments in the region.

Further, that in relation to the provisions of Section 250 of the Act, Council

resolves that following the closing of the meeting to the public and the moving ‘into committee’ that all matters and all documents (whether in hard copy, electronic, optical, visual or magnetic form) discussed, raised, tabled and/or considered whilst the meeting is closed and ‘in committee’, are confidential to the Council and the Council wishes to keep them confidential.

Carried The Chairman welcomed Mr & Mrs Elkington to the meeting. Mr & Mrs Elkington left the meeting at 10.27am. Representatives from Aspire Housing Group (Matt, Luke, Kylie and Liam)

entered the meeting at 10.32am. The Aspire Representatives left the meeting at 11.23am.

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COUNCIL OUT OF COMMITTEE P12/09/09 Moved: Cr R. Dyne Seconded: Cr A.J. Perrett That proceedings be resumed in Open Council.

Carried P13/09/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt Recommend that the presentations be noted.

Carried

SECTION 4 – PLANNING APPLICATIONS PENDING Nil

SECTION 3 – RECONFIGURING A LOT APPLICATIONS 3/1 2008-1640 – Reconfiguring a Lot – Subdivision to Create 26 Additional Lots

– 7 & 11 Heritage Lane, Southside – D&K Holdings Queensland Pty Ltd

FILE: Minute: P14/09/09 2008-1640 APPLICANT: D & K Properties Queensland Pty Ltd LANDOWNER: Cheryl & Brian Kunst RPD: Lots 10 & 151 on SP128714 SITE: 7 & 11 Heritage Lane, Southside PROPOSAL: Reconfiguring a Lot – Subdivision to

Create 26 Additional Lots EXISTING ZONE: Housing SITE AREA: 5.819Ha

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KEY POINT SUMMARY • Application to create 26 additional lots. • Property zoned Housing, minimum lot size of 600m2 applies. • A portion of the site along the north eastern boundary of Lot 10 and south

eastern to north western boundary of Lot 151 is crossed by the Q100 flood level line. Proposed Lots 8-18 contain areas affected by the Q100, however all lots have suitable building areas available above the mapped flood data.

• Connection to downstream sewers will be required. Sewer connection design will be dependent on existing sewer design capacities.

• A master stormwater drainage plan is to be prepared to address the impact of the proposed development on the existing stormwater drainage in the area, including upstream and downstream of the site

• Proposed Lot 25 not supported and recommended to be amalgamated with proposed Lot 26, and boundary of proposed Lot 1 to be extended through to new road

• Proposed Lots 2-4 to be amalgamated. Proposed Lot 3 adjoins a new road opening for an adjoining development (2008-1863) and will not support a suitable building area with complying 6m road setbacks. Approval for two lots (Stage Two) has been recommended. (Section 3.8 refers).

• Direct access from Heritage Lane not permitted. • Application recommended for approval subject to reasonable and relevant

conditions.

Lot 151 on SP128714

Lot 10 on SP128714

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Report: (Administration Officer – S. A. Capell) 1.0 INTRODUCTION This application seeks to create 26 additional housing allotments from two existing lots totalling 5.819Ha lot in the Housing zone. Lots range in size from 600m2 to 2.54Ha.

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1.1 Site Description The existing lots are currently improved by two dwellings and an outbuilding. The site is cleared of any significant vegetation with only single shade trees remaining. A natural gully is present along the northern boundary of Lot 10

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and through the middle of Lot 151 from the eastern to western boundaries and flows in an easterly direction. 1.2 Surrounding Land Uses The site is adjoined by Housing zoned allotments ranging in size from approximately 5 000m2 to 16.05Ha. An application (2008-1863) for 24 additional lots was approved by Council on 8 July 2009 over the property to the east of Lot 10. Development application (2009-0411) was lodged on 22 April 2009 for 126 additional lots, drainage reserve and park over the property to the east of Lot 151. 2.0 STATUTORY REQUIREMENTS 2.1 State Planning Policies State Planning Policy 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide applies given a portion of the site along the northern boundary of Lot 10 and through the middle of Lot 151 from the eastern to western boundaries is crossed by the Q100 flood level line.

The proposal plan submitted by the applicant as a result of an information request shows the extent of the Q100 flood level line. Proposed lots 8-18,

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contain areas affected by the Q100, however all lots have suitable building areas available above the mapped flood data. The proposal complies with the specified solutions of the State Planning Policy. 2.2 Planning Scheme Provisions 2.2.1 Development Provisions The proposal is located within the Housing Zone and is Code Assessable against the relevant codes outlined in the Planning Scheme. 2.2.2 Reconfiguring a Lot Code The proposal achieves minimum areas (600m2) and minimum of dimensions (25m x 15m) as outlined in Probable Solution 12 are achieved on all lots with the exception of proposed Lot 5. The dimension of 25m x 14m provided on proposed Lot 5 is not considered to compromise the usability of the lot which provides an area of 701m2 and a complying 15m x 20m building envelope. The required 20m minimum road frontage is achieved for proposed lots 1, 2, 6-8 and 21-26. Proposed lot 3 will have a complying 20m frontage when the road is constructed for the adjoining development (2008-1863). Proposed lots 16-18 comply with the minimum frontage of 12m for lots at the head of a cul de sac. Access to Proposed lot 28 is via access handle which meets the required minimum 6.0m width and comply with the maximum 50m length (approximately 33m). The frontage for proposed lots 4, 5, 9-15, 19, 20 and 27 does not comply with planning scheme requirements, however all lots are a minimum 700m2 and provide a complying 15m x 20m building envelopes ensuring the usability of lots is not compromised. A portion of the site along the northern boundary of Lot 10 and through the middle of Lot 151 from the eastern to western boundaries is crossed by the Q100 flood level line. A detailed assessment of earthworks, road works, stormwater drainage, water and sewer reticulation will be undertaken at the Operational Works stage. 2.2.3 Infrastructure Works Code The sites are included in the water service area and water main construction and headworks contributions will be applicable. The sites are not presently included in the sewer service area, however, Lot 151 has recently been connected to sewerage as part of the Willowgrove Pump Station project. Credit exists for one existing lot over 1 000m2.

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Connection to downstream sewers will be required. Sewer connection design will be dependent on existing sewer design capacities. Consideration and connections will also be required to adjoining lots. Contributions will be applicable. The lead-in road (Heritage Lane) will require upgrading from a 3.5m wide bitumen standard to 7.5m wide bitumen standard with kerb and channel on the development site side. The new road will need to be constructed to a 5.5m wide sealed standard with associated kerb and channel. Earthworks required as part of the development need to meet the requirements of AS3798-2007 – Guidelines on earthworks for commercial and residential developments. 2.2.4 Waterways and Wetland Areas Code The gully system through Lot 151 is mapped as a ‘Natural Waterway’ on Council’s overlay map and forms part of a gully to the northwest and east. The mapped ‘Natural Waterway’ is below the Q100 flood level line. A condition requiring a master stormwater drainage plan to be submitted has been included in the recommendation and will address overland flow path and piping requirements. 3.0 PLANNING CONSIDERATIONS 3.1 Amenity A community expectation to provide additional residential lots in appropriately zoned and located areas exists. The property and surrounding area is zoned Housing and the development provides an efficient use of the site. Traffic issues and road design are covered in sections 3.5 and 4.1 below. 3.2 Park Contributions towards park and recreation facilities are applicable in accordance with Council’s policy. The current contribution is $1 837 per additional lot. 3.3 Site Contamination The site is not listed on the Environmental Management Register.

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3.4 Flooding A portion of the site along the northern boundary of existing Lot 10 and through the middle of existing Lot 151 from the eastern to western boundaries is crossed by the Q100 flood level line, however proposed lots 8-18 contain suitable building areas above the mapped flood data. Refer to Design Services Division report below. 3.5 Traffic/Road Design A contribution for each additional allotment is required at the rate of $3 502.60. The road design as proposed meets the required standards of the Infrastructure Works Code for an access street and will be assessed in further detail at operational works stage. Additional Street Lighting will be required to Heritage Lane and the new road opening. 3.6 Water Supply and Sewerage The sites are within the water service area and headworks charges are applicable. The sites are not presently included in the sewer service area, however, Lot 151 has recently been connected to sewerage as part of the Willowgrove Pump Station project. Credit exists for one existing lot over 1 000m2. Connection to downstream sewers will be required. Sewer connection design will be dependent on existing sewer design capacities. Consideration and connections will also be required to adjoining lots. The developer is to enter into an infrastructure agreement with Council to connect to Council’s existing sewer. Design Department report refers below. 3.7 Foot/Bicycle Paths There are presently no footpaths in the general area. Contributions towards foot/bicycle paths are applicable in accordance with Council’s policy and should be obtained towards the Groundwater/Sorensen Road circuit. The current contribution is $307 per additional lot. 3.8 Amendment to Layout A condition requiring amendment to the proposed layout has been included and is shown below:

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Whilst proposed Lot 25 complies with the requirements of the planning scheme in relation to lot dimensions and area, the location of any future dwelling on the lot will be restricted by its shape and setback requirements (6m to road and 1.5m minimum to side/rear boundaries). Furthermore, the amenity and useable area of the lot will be reduced by the proposed triangular shape and the fill for the house pad on proposed Lot 26 spreads onto the lot. The proposed amendment above incorporates the majority of proposed Lot 25 into proposed Lot 26 and extends the northern most portion of proposed Lot 1 through to the new road. Proposed lot 3, in its present configuration is not of sufficient area or dimension to support a suitable house location with appropriate setbacks once the road for the adjoining development is constructed. A potential suitable future layout has been shown hatched on the plan above, however until such

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time as the road is constructed for the adjoining development, it is recommended that proposed Lots 2-4 be amalgamated. Temporary access to Lot 3 from Heritage Lane is permitted until such time as the proposed road reserve to the south is opened as part of development application 2008-1863. Access to the amalgamated Lot 2 and 4 is to be from the new internal road. As a result of the above modifications, 24 additional allotments form the approved lot layout 4.0 CONSULTATION 4.1 Internal (a) Design Department Report: (Acting General Manager Design Services – N. Weller)

This engineering report is based on the application from Ahern James Naismith dated October 2008 and subsequent information provided by Cooloola Civil Constructions. TRAFFIC GENERATION The 26 additional lots will attract the current contribution per lot towards road improvements of $3502/lot i.e. $91,052 in total including a credit for the existing lots.

LEAD-IN / FRONTAGE / INTERNAL ROADS Heritage Lane is the lead-in and frontage road to the proposed development. It is constructed to a 3.5 metre wide bitumen standard with bitumen widening to achieve a lane width of 3.75 metres without kerb and channel. The frontage road should be upgraded to a sealed carriageway width of 7.5 metres standard with kerb and channel to frontage. The proposed new road opening will be required to be constructed for the full length as per Council’s Planning Scheme. Road names will be required to be submitted as per Council Procedure ESD-P-204. RETICULATED WATER SUPPLY A water main complete with services will be required to be constructed along the new road openings and connected into the existing Heritage Lane water main. Headworks charges will apply. RETICULATED SEWERAGE

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A Council sewer was constructed through the Lot 1 on SP128714 to the Willow Grove Estate to allow for the existing pumping station servicing that estate to be decommissioned. As part of the agreement for this sewer to traverse Lot 151 on SP128714, Council connected the existing house and shed on the property to the new sewer. Although the sewer traverses a number of lots in this area, the lots are not included within the current Sewer Service Area. Therefore, the developer will be required to enter into an infrastructure agreement with Council to connect the proposed lots to Council’s reticulated sewerage system. The sewer design should include the sewering of existing lots to south west of Lot 151 on SP128714. Headworks charges will apply. STORMWATER DRAINAGE Existing gullies abut the eastern and northern boundaries of the proposed development. Stormwater, including interallotment drainage will be able to be discharged to the gullies with permission from the owners. The response to the information request did not address stormwater drainage (or water supply or sewerage). Modification to the layout will be required to accommodate stormwater drainage. The Q100 flood enters some of the proposal lots, but sufficient area is available on these lots for building. OTHER SERVICES Electricity and communications services are available with any costs to expand those services the responsibility of the developer. Additional street lighting will be required to Heritage lane and lighting to the new road openings. 5.0 CONCLUSION The land is appropriately zoned for residential use and no planning objection is raised to this proposal as amended above.

P14/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett Recommend that Council, as Assessment Manager, APPROVE development application 2008-1640 for Reconfiguring a Lot – Subdivision to Create 26 Additional Lots over Lots 10 and 151 SP128714 located at 7 & 11 Heritage Lane, Southside subject to the following conditions:

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Stage One – Lots 1, 5-24, 26-28 and Balance

Assessment Manager’s Conditions Conditions to be Satisfied Prior to Council Signing and Sealing the Plan Of Survey 1.1 The development shall be generally in accordance with the plans

submitted with the application (Plan Nos. 3065 Proposal Amended Sheets 1 and 2 drawn by Ahern James Naismith and dated 25 June 2009), subject to the following: (i) Proposed Lots 2-4 to be amalgamated as amended in red; and (ii) Proposed Lots 1, 25 and 26 as amended in red. Note: Subdivision of amalgamated Lots 2-4 into two (2) lots has been

approved as a Stage 2 of the development and subject to construction and opening of new road on the adjoining site (Lot 6 on SP128714 – File 2008-1863).

1.2 The development herein approved may not start until:

(i) the following development permit has been issued and complied with as required - (a) Development Permit for Operational Work (Earthworks,

Road Works, Access Construction, Kerb & Channel and Associated Stormwater Drainage, Interallotment Drainage, Water and Sewer Reticulation)

(b) Development Permit for Building Work (Reclassification / Removal of Existing Shed)

(c) Development Permit for Plumbing & Drainage Work (Removal of Existing Effluent Disposal Systems and Land Application Areas and Connection to New Sewer).

1.3 A contribution is to be paid to Council towards the provision of

footpaths in the general area. The amount is currently assessed at $7 368 but will be based on Council’s policy and the rate applicable at the time of payment.

1.4 In accordance with Council’s Planning Scheme Policy 6: Park

Contributions, a contribution is to be paid to Council for the improvement of existing public park or recreation spaces in the general area. The contribution is currently assessed at $44 088 based on $1 837 per additional lot created, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

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1.5 Contribution is to be made towards Water Supply Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at: $3 190 for lots between 600m2 and 999m2; and $3 988 for lots over 1 000m2, however, the actual amount payable will be based on Council’s Policy and the rate applicable at the time of payment. Note: Lots 10 and 151 on SP128714 are connected to reticulated water

supply and credit for two lots over 1 000m2 will be applied.

1.6 Contribution is to be made towards Sewerage Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at: $4 985 for lots between 600m2 and 999m2; and $5 342 for lots over 1 000m2, however, the actual amount payable will be based on Council’s Policy and the rate applicable at the time of payment. Note: Lot 151 on SP128714 is connected to reticulated sewerage and

credit for one lot over 1 000m2 will be applied. 1.7 In accordance with Planning Scheme Policy 13: Urban Road

Contributions a contribution is to be paid toward road improvements as a result of the increased traffic generated by this development. The amount is currently assessed at $84 062, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

1.8 All outstanding rates or charges levied by Council or expenses that

are a charge over the subject land under any Act are to be paid. 1.9 All lots are to be permanently numbered with reflective numbers on

kerbs to the satisfaction of Council’s Chief Executive Officer. 1.10 The whole of the subject land including all approved lots is to be

treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

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1.11 Lot boundaries are to be approved by Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process to ensure that engineering design standards are not compromised.

1.12 The Q100 contour level of 62.25m is to be surveyed by a cadastral

surveyor and shown on a copy of the Plan/s of Subdivision and submitted to Council. The datum for such a contour line is to be AHD unless otherwise agreed to by Council’s Chief Executive Officer. Where levels of local flooding are based on local knowledge the source of the information and method of calculation is to be referenced thereon.

1.13 An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

1.14 The applicant shall make suitable arrangements for the provision of

an underground telephone service to the proposed new allotments within the subdivision. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

1.15 Underground utility services are to be provided if practicable. If

provided an “as constructed” plan of all utility services is to be provided to Council upon completion of the approved development.

1.16 Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems at no cost to Council in accordance with a development permit for Operational Works approving the required plans and specifications for such works.

1.17 Water meters and services shall be installed to all lots approved by

this Development Permit to the satisfaction of Council’s Chief Executive Officer.

1.18 Sewer mains are to be extended to provide connection points to all

proposed lots and / or connection points provided in existing sewers where appropriate and designed to include extending sewer to service properties to the south west of Lot 151 on SP128714.

1.19 Prior to the submission of a Development Permit for Operational

Work, the developer is to enter into an infrastructure agreement with Council to connect to Council’s existing sewer. Note: Consideration and connections will also be required to all

adjoining lots and future subdivisions where practical.

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1.20 Street lighting is to be provided to Heritage Lane and the new road

opening in accordance with current Australian Standards/New Zealand Standards for Street Lighting and Equipment Design. The subject road/street is classified as an Access Street for the purposes of designing the system/category of lighting required. The developer is responsible for payment for the first 12 months electricity for the lighting system.

1.21 All cleared vegetation is to be suitably processed or removed from

the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to: (i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any Council landfill

site. 1.22 No clearing, earthworks or filling works are to be undertaken prior

to the issue of a Development Permit for Operational Work. 1.23 Stormwater is to be disposed of on site so as to cause no scour or

damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

1.24 Easements or reserves for drainage purposes are to be surveyed and

registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.25 (i) Provide Council with written permission from relevant

adjoining landowners to discharge/accept concentrated stormwater onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

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1.26 One (1) PSM is to be provided and levelled to AHD Datum to the satisfaction of Council’s Chief Executive Officer. A copy of any Permanent Survey Sketch is to be submitted to Council.

1.27 Submit road names for the New Road to Council for approval in

accordance with Policy No. PR-D-004.

1.28 Direct access to Lots 1 and amalgamated Lots 2-4 onto Heritage Lane is not permitted.

1.29 Existing access and driveway to the dwelling on proposed Lot 28 is to

be relocated from Heritage Lane to the new road. 1.30 All cut/fill embankments associated with the existing structures on

proposed Lots 26, 27 and 28 is to be fully contained within the lot including any necessary earthworks and/or retaining structures to achieve such.

1.31 Any services associated with the existing structures are to be

relocated / redirected and contained entirely within the new allotment.

Section 2.0 Conditions relevant to the issue of a Development Permit for

Operational Work (Earthworks, Road Works, Access Construction, Kerb & Channel and Associated Stormwater Drainage, Interallotment Drainage, Water and Sewer Reticulation)

2.1 Prior to commencement of any site works a declared plants

clearance is required to be obtained from Council and/or a satisfactory management plan approved. The enclosed Notification of Compliance Form is to be completed and lodged with Council as evidence that this has been undertaken prior to issue of a Development Permit for Operational Works.

2.2 Heritage Lane is to be upgraded for the frontage of the development.

Specifically the following works are to be undertaken in accordance with plans and specifications approved by Council’s Chief Executive Officer: (a) Kerb and Channel including associated stormwater drainage

with bitumen widening to provide lane with of 3.75 metres. Kerb and channel and road construction at the north western end of Heritage Lane to be extended through the full radius arc length of the curve to the tangent point.

Note: Should this road construction proceed prior to the works

required for development of adjoining lot (Lot 6 on

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SP128714 – File No. 2008-1863), the alignment of the kerb and channel is to be designed to match a calming device which will be offset from the existing road centreline.

2.3 New road opening is to be constructed to a 5.5m sealed carriageway

with kerb and channel including associated stormwater drainage in accordance with plans and specifications approved by Council’s Chief Executive Officer.

2.4 New road is to be opened and constructed to bitumen seal standard

in accordance with Council’s Road Design Standard. 2.5 Prior to design of all new roads the following actions are required:

(i) Lodgement of a plan of the proposed centreline; (ii) The proposed centreline is to be pegged by the Consultant

Surveyor to facilitate an inspection; and (iii) Inspection by Council’s Engineer to ensure the new road is

suitably located. A Certificate of Acceptance will be issued following inspection, if the proposed road location is acceptable.

2.6 (i) Where any works associated with this development approval

are to be carried out on Council controlled land, such as road, park, drainage reserves, or the like, a Traffic Management Plan shall be submitted to Council for approval with the development application/s for such works.

(ii) The Traffic Management Plan shall be constantly reviewed and revised throughout the construction phase of the project until the works are accepted “On-maintenance” by Council.

2.7 The entrance and driveway for proposed lot 28 is to be constructed

to a 2.7 metre wide reinforced concrete sealed standard from the back of kerb for the length of the access handle.

2.8 Water mains complete with associated fittings are to be provided

along areas of new road, in accordance with a development permit issued by Council approving the required plans and specifications for such works.

2.9 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.10 A master stormwater drainage plan is to be prepared to address the

impact of the proposed development on the existing stormwater drainage in the area, including upstream and downstream of the site.

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2.11 Interallotment drainage is to be provided as the lay of the land dictates such that no property is adversely affected from flows onto or discharges to any new proposed or existing residential lot.

2.12 Any filling or other development works undertaken on the site shall

be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

2.13 Erosion and sediment control measures are to be designed and

provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

NOTES (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Mines ~ phone (07) 3238 3838 or website www.nrm.qld.gov.au.

(ii) Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed and designed in accordance with Council’s Infrastructure Works Code.

Stage Two – 2 Lots Assessment Manager’s Conditions Conditions to be Satisfied Prior to Council Signing and Sealing the Plan Of Survey 1.1 The development shall be generally in accordance with the plans

submitted with the application (Plan Nos. 3065 Proposal Amended Sheets 1 and 2 drawn by Ahern James Naismith and dated 25 June 2009), as amended in red.

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1.2 The development herein approved may not start until:

(i) the following development permit has been issued and complied with as required - (a) Development Permit for Operational Work

(Interallotment Drainage, Water and Sewer Reticulation); and

(ii) the new road for the adjoining development (2008-1863) on Lot 6 on SP128714 is dedicated as road and accepted on-maintenance by Council.

1.3 A contribution is to be paid to Council towards the provision of

footpaths in the general area. The amount is currently assessed at $307 but will be based on Council’s policy and the rate applicable at the time of payment.

1.4 In accordance with Council’s Planning Scheme Policy 6: Park

Contributions, a contribution is to be paid to Council for the improvement of existing public park or recreation spaces in the general area. The contribution is currently assessed at $1 837 based on $1 837 per additional lot created, however the actual amount payable will be based on Council's policy and the rate applicable, at the time of payment.

1.5 Contribution is to be made towards Water Supply Headworks in

accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at: $3 190 for lots between 600m2 and 999m2; and $3 988 for lots over 1 000m2, however, the actual amount payable will be based on Council’s Policy and the rate applicable at the time of payment.

1.6 Contribution is to be made towards Sewerage Headworks in accordance with Council’s Planning Scheme Policy 7: Water Supply and Sewerage Headworks Contributions, Works External and Works Internal. The contribution is currently assessed at: $4 985 for lots between 600m2 and 999m2; and $5 342 for lots over 1 000m2, however, the actual amount payable will be based on Council’s Policy and the rate applicable at the time of payment.

1.7 In accordance with Planning Scheme Policy 13: Urban Road Contributions a contribution is to be paid toward road improvements

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as a result of the increased traffic generated by this development. The amount is currently assessed at $3503, however will be in accordance with Council’s Policy and the amount applicable at the time of payment.

1.8 All outstanding rates or charges levied by Council or expenses that are a charge over the subject land under any Act are to be paid.

1.9 All lots are to be permanently numbered with reflective numbers on

kerbs to the satisfaction of Council’s Chief Executive Officer. 1.10 The whole of the subject land including all approved lots is to be

treated for declared plants and cleared of scrap to the satisfaction of Council’s Chief Executive Officer. On completion of the treatment and clearing the enclosed Notification of Compliance Form is to be completed and lodged with Council.

1.11 Lot boundaries are to be approved by Council’s Chief Executive

Officer prior to cadastral survey and at completion of engineering design approval process to ensure that engineering design standards are not compromised.

1.12 An agreement is to be entered into with Energex to provide

electricity to all approved lots without any financial encumbrance on future owners of these lots.

1.13 The applicant shall make suitable arrangements for the provision of

an underground telephone service to the proposed new allotments within the subdivision. Documentary evidence shall be submitted that an agreement has been reached with an authorised supplier for telephone services, prior to the Plan of Survey being sealed by Council.

1.14 Underground utility services are to be provided if practicable. If

provided an “as constructed” plan of all utility services is to be provided to Council upon completion of the approved development.

1.15 Connection is to be made to Council’s existing Water Supply and

Sewerage reticulation systems at no cost to Council in accordance with a development permit for Operational Works approving the required plans and specifications for such works.

1.16 Water meters and services shall be installed to all lots approved by

this Development Permit to the satisfaction of Council’s Chief Executive Officer.

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1.17 Sewer mains are to be extended to provide connection points to all proposed lots and / or connection points provided in existing sewers where appropriate.

1.18 All cleared vegetation is to be suitably processed or removed from

the site at no cost to Council. Prior to the commencement of clearing works on site the preferred means of disposal of cleared vegetation is to be approved by Council’s Chief Executive Officer. The following means of disposal are acceptable, but are not limited to: (i) Processing through a woodchipper. (ii) Disposal for firewood. (iii) Disposal for landscaping. (iv) Transport to alternative site for breaking down materials. Burning off is not an acceptable means of disposal and will not be approved. Note: Bulk green waste is no longer accepted at any Council landfill

site. 1.19 No clearing, earthworks or filling works are to be undertaken prior

to the issue of a Development Permit for Operational Work. 1.20 Stormwater is to be disposed of on site so as to cause no scour or

damage to adjoining properties to the satisfaction of Council’s Chief Executive Officer.

1.21 Easements or reserves for drainage purposes are to be surveyed and

registered in favour of Council/the downstream/upstream property at no cost to Council / the downstream/upstream property owner. Specific requirements are to be confirmed with Council’s Chief Executive Officer prior to cadastral survey and at completion of engineering design approval process. A solicitor’s undertaking (or alternative suitable to Council) shall also be submitted confirming the easement documents will be submitted with the Plan Registry Authority in conjunction with the Plan of Survey.

1.22 (i) Provide Council with written permission from relevant

adjoining landowners to discharge/accept concentrated stormwater onto their respective properties.

(ii) Such water is to be directed to the lawful point of discharge without causing nuisance or annoyance to any person.

1.23 Direct access to Heritage Lane is not permitted. Section 2.0 Conditions relevant to the issue of a Development Permit for

Operational Work (Interallotment Drainage, Water and Sewer Reticulation)

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2.1 Prior to commencement of any site works a declared plants

clearance is required to be obtained from Council and/or a satisfactory management plan approved. The enclosed Notification of Compliance Form is to be completed and lodged with Council as evidence that this has been undertaken prior to issue of a Development Permit for Operational Works.

2.2 (i) Where any works associated with this development approval

are to be carried out on Council controlled land, such as road, park, drainage reserves, or the like, a Traffic Management Plan shall be submitted to Council for approval with the development application/s for such works.

(ii) The Traffic Management Plan shall be constantly reviewed and revised throughout the construction phase of the project until the works are accepted “On-maintenance” by Council.

2.3 Water mains complete with associated fittings are to be provided

along areas of new road, in accordance with a development permit issued by Council approving the required plans and specifications for such works.

2.4 Undertake at no cost to Council, the alteration of any public utility

mains (eg. Electricity, water, sewerage, gas etc.) or other facilities necessitated by the development of the land or associated construction works external to the site.

2.5 Interallotment drainage is to be provided as the lay of the land

dictates such that no property is adversely affected from flows onto or discharges to any new proposed or existing residential lot.

2.6 Any filling or other development works undertaken on the site shall

be carried out so as not to cause the ponding of water on any adjoining lands or the blockage or interference with any natural watercourse.

2.7 Erosion and sediment control measures are to be designed and

provided in accordance with the Institution of Engineers, Australia, Qld Division’s “Soil Erosion and Sediment Control: Engineering Guidelines for Queensland Construction Sites”. The design shall be submitted to Council for approval with subsequent development applications for operational work.

NOTES (i) In carrying out your activity you must take all reasonable and

practicable measures to ensure that it does not harm Aboriginal

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cultural heritage (the “cultural heritage duty of care”). You will comply with the cultural heritage duty of care if you are acting in accordance with the gazetted cultural heritage duty of care guidelines. An assessment of your proposed activity against the duty of care guidelines will help determine whether or to what extent Aboriginal cultural heritage may be harmed by your activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from the Department of Natural Resources and Mines ~ phone (07) 3238 3838 or website www.nrm.qld.gov.au.

(ii) Any plans for operational works, water supply and sewerage works,

drainage works and street lighting required by this development permit, are to be surveyed and designed in accordance with Council’s Infrastructure Works Code.

Carried

Cr A.J. Perrett declared a Conflict of Interest in the next item due to being a Member of the Board of St Patrick’s College and abstained from voting.

4/1 Planning Applications Pending Minute P15/09/09

NOTE: New Applications are in BOLD AND ITALICS

Abbreviations: AL Acknowledgement Letter AN Acknowledgment Notice RFI Request for Further Information DMS Decision Making Stage DN Decision Notice ADN Amended Decision Notice NDN Negotiated Decision Notice PN Public Notification PNS Public Notification Stage SP Survey Plan

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File Number &

Applicant Location Nature of Application Status

MATERIAL CHANGE OF USE – IMPACT ASSESSMENT DA09724 Rainbow Shores Pty Ltd (TMS)

Inskip Ave, Inskip Preliminary Approval for Resort / Commercial Village

Reported to P&D Committee Meeting 02/09/09. 890 Submissions.

DA10931 Fraser Straits Marina Pty Ltd (TMS)

Esplanade, Tin Can Bay

Marine Industry (Marina)

PNS. ALOD sent 07/07/09. PNS ceases 02/09/09. Referral Agencies – Contaminated Land Unit EPA advice response due 18/08/09, DMR response received 01/09/09, Maritime Safety Qld, EPA, DNRW, DPI Fisheries advise response due 14/09/09. DERM advise response due 18/08/08. Four (4) Submissions

DA13803 Agnew (MKM)

132 Verne Road, Wolvi

Aquaculture (Redclaw & Fish)

Amended AN sent 05/09/08. Concurrence Agency DPI advise insufficient information 30/06/09.

DA13902 Integra (Qld) Pty Ltd (TMS)*

Lawson & Groundwater Roads, Pie Creek

Change Land Use Entitlements to Rural Residential & Subdivision to Create 335 Additional Lots

DMS. Report to P&D Committee Meeting.

DA15782 Mackenzie (MKM)

7 O’Connell Street, Gympie

Multi-Unit Accommodation (4 Dwelling Units)

DMS. Report to P&D Committee Meeting.

DA15813 Heilbronn R D (TMS)

Chatsworth Rd, Two Mile

To change the Land Use Entitlements from the Rural Zone to the Housing Zone

RFI period extended to 15/05/10. Awaiting applicant’s response. Concurrence Agency DMR response received 31/05/07.

DA17006 Edwards (MKM)

1021 Bruce Hwy Kybong

Transport Depot & Caretakers Residence

Notice of Compliance for PNS received 10/06/09. Concurrence Agency DMR. Applicants advise representations made to DMR’s conditions.

DA17897 Morris (KMT)

7-9 Power Road, Southside

Education or Health Premises (School Age Facility)

RFI sent 03/03/08. Awaiting applicant’s response. Proposal plan received 13/10/08. (In conjunction with DA13664)

DA253 Allen & Dray (KMT)

Dray Rd Widgee Extractive Industry (Rock Quarry) & ERA # 20

DMS. Application on hold pending applicant’s advice.

DA247 Cotter (TMS)

555 Kinbombi Rd Goomeri

Feedlot Amended AN and RFI sent 01/09/09. Concurrence Agency DPI & F.

DA18435 Walker (KMT)

39 Manooka Dr & 13 Carlo Rd, Rainbow Beach

COMBINED Multi-Residential (4 Dwelling Units) & Boundary Alteration

Part response to RFI received 10/02/09. Awaiting further response.

2008-0667 McMackin & Sarrinen (KMF)

22 Somerset Street, Gympie

Multi Residential – (3 Units)

RFI sent 23/10/08. Awaiting applicant’s response.

2008-0545 Thai Aust Nursery Enterprises P/L (KMT)**

6A Mulcahy Terrace, Gympie

Multi-Residential (10 Dwelling Units)

DN sent 27/07/09. Three (3) Submissions.

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File Number & Applicant Location Nature of Application Status

2008-1071 Christensen (MKM)

12 Glastonbury Road, Southside

Multi Residential (4 Units)

PNS. ALOD sent 31/07/09.

2008-1102 JY Farm Family Trust (MKM)

1119 Tagigan Road, Wolvi

Aquaculture RFI sent 06/01/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 27/02/09. Amended AN sent 23/01/09.

2008-0911 Custodian Projects Services Pty Ltd (KMT)

74 Exhibition Road, Southside

Multi-Residential (10 Units including Existing Dwelling House)

PNS. ALOD sent 12/08/09.

2008-1225 Mills (KMT)*

266 Blackgate Road, Amamoor

Food or Entertainment Venue (Tavern) & Accommodation Premises (10 Unit Motel & Manager’s Residence)

PNS. ALOD sent 31/07/09.

2008-1282 Custodian Project Services (TMS)

Heights Drive, Gympie

171 Townhouses & Community Centre

RFI sent 08/01/09. Awaiting applicant’s response.

2008-1088 Silkyoak Enterprises Pty Ltd (TMS)

39 Woondum Rd, Kybong

Preliminary approval for Establishment of General Industry, Rural Industry, Extractive Industry & Warehouse Uses

RFI sent 19/12/08. Awaiting applicant’s response. Concurrence Agency DNRW. Advice Agency DIP response received 28/10/08. Advice Agency Powerlink response received 19/12/08.

2008-1280 Gilgal Enterprises Pty Ltd (MKM)*

11-14 Shayduk Close, Gympie

Multi-Residential (13 Units)

DN issued 29/05/09. Five (5) Submissions. Representations received 20/07/09.

2008-1382 Wilson (MKM)

37 Apollonian Vale, Gympie

Multi-Residential Four (4) Units

RFI sent 15/01/09. Awaiting applicant’s response. Heritage Advisory Committee response received 15/10/08.

2008-1583 Prior (MKM)**

10 Flynn Road, Gympie

Multi-Residential (Three Dwelling Units)

Appeal period suspended and representations received 06/08/09. NDN to be issued. One (1) Submission

2008-1830 Catalyst Securities Pty Ltd & Hoskins & Associates Pty Ltd (TMS)*

David Drive, Curra Caravan Park (60 Sites) & ERA #15 (b) – Sewerage Treatment (Standard Works for 100 or more but less than 150 equivalent persons)

PNS closed 07/04/09. One (1) Submission. Concurrence Agencies EPA RFI issued 06/03/09, DNRW response received 09/02/09, DMR response received 12/02/09. Applicant’s response to RFI received 24/6/09.

2008-1899 Harris (MKM)

34 Louisa Street, Gympie

Multi-Residential (5 Units)

DMS. Report to P&D Committee Meeting.

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File Number & Applicant Location Nature of Application Status

2008-1939 Queensland Water Infrastructure Pty Ltd (TMS)*

30 Kandanga Imbil Road, Kandanga

Food or Entertainment Venue (Bowls Club), Reconfiguring a Lot - Subdivision to Create Three (3) Additional Lots & Access Easement & Operational Work – Earthworks & Roadworks

PNS. Submissions close 25/09/09.

2009-0009 Silich (MKM)

37 & 39 Musgrave Street, Gympie

Multi-Residential (15 Townhouses)

DMS. Report to P&D Committee Meeting. One (1) Submission.

2009-0077 Blakeney (MKM)*

96 Stewart Road, Coondoo

Extractive Industry (Quarry)

PNS. ALOD sent 17/06/09. (149) Submissions.

2009-0156 Jones (TMS)**

123 East Deep Creek Road, Monkland

General Industry (Transport Depot)

RFI sent 01/05/09. Awaiting applicant’s response.

2009-0135 Hose (KMT)

Curra Estate Road, Curra

Extractive Industry (Extraction & Screening of Soil, Sand & Gravel) and Environmentally Relevant Activity (ERA # 16, 3 (a) – Screening 5 000t to 100 000t in a year)

AN sent 25/02/09. RFI not required. Concurrence Agencies: DERM advise RFI issued 02/06/09. DMR response received 27/05/09.

2009-0400 Park Drive Developments Pty Ltd (SAC)**

5 Lucknow Street, Gympie

Multi-Residential (5 Units)

RFI sent 29/05/09. Awaiting applicant’s response.

2009-0403 K & JL Woodgate T/A Gympie Track Service (MKM)**

Victoria Road, Gympie

General Industry (Ancillary Storage of Machinery & Parts)

PNS. ALOD sent 31/07/09.

2009-0459 Allen (TMS)*

Brisbane Road & Old Imbil Road, Monkland

Preliminary Approval to Override the Planning Scheme for Industrial Development

RFI sent 23/06/09. Awaiting applicant’s response. Concurrence Agency DMR RFI sent 19/05/09. Advice Agency DI&P advice received 26/06/09.

2009-0611 O’Dwyer (SFC)

290 Moy Pocket Road, Brooloo

Homes Business (Bed & Breakfast)

DMS. DN due.

2009-0774 Dean A (MKM)

3 Shayduk Close, Gympie

Multi-Residential (Six (6) Townhouses)

RFI sent 23/07/09. Awaiting applicant’s response.

2009-0748 Orica Quarry Services (TMS)**

720 Moy Pocket Road, Moy Pocket

Special Industry (Bulk Storage Depot & Magazine Facility) and Environmentally

RFI sent 14/07/09. Concurrence Agencies DNRW, EPA DES (CHEM Unit) RFI issued 25/08/09.

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File Number & Applicant Location Nature of Application Status

Relevant Activity (ERA# 8 Chemical Storage (Threshold 4)

MATERIAL CHANGE OF USE – CODE ASSESSMENT DA16074 Go West Gympie Pty Ltd (MKM)

27 Louisa Street, Gympie

General Industry (Motor Vehicle Workshop & Environmentally Relevant Activity ERA #28 – Motor Vehicle Workshop)

DMS. Report to P&D Committee Meeting.

DA16344 Raw Ochre Design (KMT)*

68 Duke Street, Gympie

Showroom (3 Tenancies)

Report to P&D Committee Meeting.

DA17123 Wilson DC & JM (MKM)

26 Burns Road, Ross Creek

Accommodation Premises (Farm Cabins)

DMS. Report to P&D Committee Meeting.

DA17246 Oaklands Management Pty Ltd (TMS)

68 Myall Street, Gympie

Multi-Residential (18 Units)

Revised plans received 27/07/09. DMS. Report to P&D Committee Meeting.

DA17908 Carter Holt Harvey (MKM)

Langton Rd, Monkland

General Industry (Relocating Burners in existing Wood Processing Plant)

Amended AN sent 13/10/08. Concurrence Agencies EPA. Qld Transport response received 23/10/08.

DA18104 Greenco Pty Ltd (MKM

72 Chatsworth Rd, Gympie

General Industry RFI response received 27/08/08. Amended AL sent 30/07/08. Concurrence Agency DMR advise incomplete submission 19/03/09.

DA18289 Gerhardt (TMS)*

Jubilee St, Monkland Gympie

Multi-Residential (3 Units)

DMS. Report to P&D Committee Meeting.

MCU175/07 Kelly (KMT)

31 Scrub Road, Gunalda

Concrete Batch Plant DMS. Report to P&D Committee Meeting.

DA243 Sterns (MKM)

472 Bular Road, Kilkivan

Certified Organic Poultry Farm – (Increase Capacity from 6,000 to 60,000 max)

Extra information requested 06/10/08. Awaiting applicant’s response.

DA256 PJ Burns Builder (MKM)

Rose Street, Kilkivan

Multiple Dwelling Units

DMS. DN due.

2008-0378 Tim Developments (MKM)

168 Old Maryborough Rd, Gympie

To change the land use entitlements from Rural to Housing & Reconfig –Subdivision to Create Thirty Six (36) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-0468 Loot Homewares Gympie (KMT)

42 Duke Street, Gympie

Commercial Premises RFI sent 15/09/08. Awaiting applicant’s response.

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File Number & Applicant Location Nature of Application Status

2008-0516 Plowman (TMS)*

11 & 13 Phoenix Lane, Gympie

Multi Residential (14 Units)

RFI sent 13/10/08. Awaiting applicant’s response. Concurrence Agency EPA.

2008-0630 Baker (TMS)

Eel Creek Road, Pie Creek

General Industry & Reconfiguring a Lot – Subdivision to Create Three (3) Additional Lots

RFI sent 31/10/08. Awaiting applicant’s response. Concurrence Agency EPA (CLU) response received 22/07/08.

2008-0657 Rozynski (SAC)

Rozynski Road, Imbil

Dwelling House (Farm Worker’s Cottage)

Amended AN sent 13/05/09. Concurrence Agency DNRW & Advice Agency EPA’s response received 08/07/09.

2008-0642 Wilson (KMF)

16 Kanimbla Avenue, Cooloola Cove

Multi Residential (Relative’s Accommodation)

RFI sent 11/09/08. Awaiting applicant’s response.

2008-0634 Reyloh Pty Ltd (KMT)

22 Chatsworth Road, Gympie

Accommodation Premises (60 Unit Motel & Caretakers Residence) & Food & Entertainment Venue (Function Room & Restaurant)

RFI response received 19/08/09. New AN to be issued. Concurrence Agency DMR response received 21/08/08.

2008-0526 Jones (SAC)

7 Edith Road, Mothar Mountain

Commercial Premises (Art Gallery, Sales & Art Workshops & Low Impact Industry (Picture Framing)

New Acknowledgement Notice sent 10/07/09. Concurrence Agency EPA.

2008-0838 Hamerwill Pty Ltd (KMT)*

22 Caledonian Hill, Gympie

Commercial Premises RFI sent 12/11/08. Awaiting applicant’s response. Heritage Advisory Committee response received 14/08/08.

2008-1008 Aspire Developments Pty Ltd (KMT)*

24 Caledonian Hill & 9 Alma Street, Gympie

Accommodation Premises (Boarding House – 20 Units)

Heritage Advisory Committee response received 14/08/08. Application held in abeyance at applicant’s request.

2008-1145 Taxis (TMS)

18 Langara Drive, Southside

Multi-Residential (Duplex)

Part RFI response received 04/03/09.

2008-1183 Custodian Project Services Pty Ltd (TMS)*

Banks Pocket Road, Fauna Road, Heights Drive & Old Maryborough Road, Gympie

Combined MCU & Reconfig - Retirement Village, Community Centre, Shop (Convenience Store) & Commercial Premises (Medical Centre) & Boundary Alteration & Subdivision to Create Four (4) Additional Lots (Nine (9) New Lots from Five (5) Existing Lots)

RFI sent 02/09/08. Awaiting applicant’s response. Concurrence Agency DMR, DNRW & QT. DNRW issued RFI 05/09/08. QT issued RFI 08/09/08.

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File Number & Applicant Location Nature of Application Status

2008-1226 Mills (KMT)*

Amamoor Street, Amamoor

Accommodation Premises (15 Cabins & 50 Room Backpacker Accommodation Building)

RFI sent 27/11/08. Awaiting applicant’s response.

2008-1316 Southside Family Village (KMT)*

5 Rose Road, Southside

Combined MCU & Reconfig - Multi-Residential (Community Village comprising 15 Units and Managers Residence) & 3 Standard Format Lots & 6 Building Format Lots in a Community Titles Scheme)

RFI sent 18/12/08. Awaiting applicant’s response.

2008-0699 Niduts Investment Trust (TMS)

54 Crescent Road, Gympie

Display Yard AN sent 29/09/08. Concurrence Agency DMR response received 14/10/08. On hold applicant negotiating with DMR.

2008-1009 Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

Environmentally Relevant Activity (ERA #20 (a) – Extracting Rock or Other Material not more than 5000t a Year)

AL sent 01/10/08. RFI due. Related file 2008-1811

2008-1179 Brisbane Congregation Jehovah’s Witnesses (KMT)

5 Atlantis Avenue, Cooloola Cove

Community Services (Church)

DMS. Report to P&D Committee Meeting.

2008-1346 Rizzato (KMT)*

37 Nash Street, Gympie

Commercial Premises (Professional Offices)

RFI sent 18/02/09. Awaiting applicant’s response. Advice Agency EPA response received 10/12/08.

2008-1345 Stirling (KMT)*

67 Channon Street, Gympie

Commercial Premises (Health Care Clinic)

DMS. Report to P&D Committee Meeting.

2008-1445 MJB Gympie Pty Ltd (SAC)

47 Geordie Road, Monkland

Accommodation Premises (Additional Cabins incorporating 27 Additional Rooms)

DMS. Report to P & D Committee Meeting.

2008-1574 Gerhardt (KMT)*

15 Stanley Street, Gympie

Commercial Premises Letter sent 20/08/09. Application held in abeyance pending further advice.

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File Number & Applicant Location Nature of Application Status

2008-1604 Edwards (MKM)**

10 Wadell Road, Two Mile

General Industry & Low Impact Industry

DMS. DN due.

2008-1686 Amaroo Properties t/a The Phoenix Trust (TMS)

22 Oak Street, 9 & 11 Adams Street, Gympie

Accommodation Premises (Car Parking for Motel and Associated Restaurant and Functions Rooms)

DMS. Report to P&D Committee Meeting.

2008-1835 Buckley (TMS)**

37 Stockden Road, The Palms

Shop (Wine Tastings and Sales)

Amended AN sent 08/07/09. Concurrence Agency DNRW response received 01/09/09. Advice Agency EPA.

2008-1759 Widgee Welding Works (KMT)

25 Tooth Drive, Widgee

ERA #24 (Motor Vehicle Workshop in Existing Building)

DMS. DN due.

2008-1811 Massimo Designs T/A Anderleigh Sandstone & Slate (KMT)

270 Sorensen Road, Gunulda

ERA #22 (a) Screening ect, materials more than 50t but less than 5,000t a year

AL sent 23/12/08. RFI due. Related file 2008-1009

2008-1962 Rainbow Beach Sports Recreation & Memorial Club Ins (MKM)

Cnr Double Island Drive & Rainbow Beach Road & Green Valley Drive, Rainbow Beach

Food or Entertainment Venue – Outdoor Aquatic Facility

RFI sent 29/04/09. Awaiting applicant’s response. Concurrence Agency DMR.

2009-0218 Richards (MKM)

14 Watt Street, Gympie

Multi-Residential (Two Dwellings)

Reported to P&D Committee Meeting 02/09/09.

2009-0267 Kickbusch (KMT)**

246 McIntosh Creek Road, Jones Hill

Display Yard (Nursery & Landscape Supply Centre)

RFI sent 13/05/09. Awaiting applicant’s response.

2009-0416 Okara Pty Ltd (SFC)

243 Harvey Road, Lower Wonga

Caretakers Residence RFI sent 18/05/09. Awaiting applicant’s response.

2009-0437 Whale Bay Investments P/L (MKM)

199 Brisbane Road, Monkland

Dwelling House RFI sent 20/05/09. Awaiting applicant’s response. Concurrence Agency DMR response received 22/05/09.

2009-0494 Calvert (KMT)*

124 Brisbane Road, Monkland

Shop (Beauty and Wellbeing Centre and Manufacture of Beauty Products)

RFI sent 05/06/09. Awaiting applicant’s response. Concurrency Agency DMR response received 13/05/09.

2009-0586 Scooter Group (TMS)**

281 & 283 Brisbane road, Monkland

Showroom RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agency DMR advice received 29/6/09. Access Advisory Committee response received 03/07/09.

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File Number & Applicant Location Nature of Application Status

2009-0663 Masondale Pty Ltd (MKM)**

Ascot Road & Tin Can Bay Road, Victory Heights

General Industry (Transport Depot & Mechanical Repairs Workshop) & ERA #21 Motor Vehicle Workshop)

RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agencies DMR & EPA. DMR response received 03/08/09

2009-0706 Glendale Homes Pty Ltd (SAC)

1629 Bruce Highway, Kybong

Multi-Residential (Second Dwelling for Workers Accommodation)

RFI response received 20/07/09. Concurrence Agency DMR

2009-0779 Samred Pty Ltd T/A KG Property Investment Trust (TMS)**

Langton Road, Monkland

General Industry (Crane Hire Depot)

DMS. Report to P&D Committee Meeting.

2009-0836 Etican (KMT)

45 Station Road, Gympie

Shop (Gourmet Food) DMS. Report to P&D Committee Meeting.

2009-0893 The Clayton Family Superannuation Fund (KMT)

Chapple Street, Gympie

Display Yard (Construction Equipment for Sale, Hire and Lease)

RFI response received 31/07/09. Concurrence Agency EPA RFI issued 03/08/09.

2009-1021 Bradley (KMF)

92 Kinen Lane, Canina

Multi-Residential (Second Dwelling for Relative)

DMS. DN due.

2009-0997 Thefs (SFC)

515 Cedar Pocket Road, Cedar Pocket

Multi-Residential (Second Dwelling for Farm Workers Accommodation)

RFI response received 28/08/09. Concurrence Agency DNRW.

2009-1065 Chasdale Pty Ltd & Dryant Pty Ltd (TMS)

2618 Bruce Highway, Gunulda

Service Station & Commercial Facilities and ERA# 8 (3) (a) Chemical Storage & ERA# 63 (2) (b) Sewage Treatment

AN sent 13/08/09. RFI due. Concurrence Agencies DERM CLU, DTMR RFI issued 02/09/09.

2009-1030 Hoskin & Associates (SAC)

52 Violet Street, Gympie

Low Impact Industry (Exploration Mining Office & Laboratory)

AN sent 20/08/09. RFI due. Concurrence Agency DTMR.

2009-1078 Asset Cabins (SFC)

123 Hyland Road, East Deep Creek

Multi-Residential (Second Dwelling for Relative Accommodation)

RFI not required. Concurrence Agency DERM Vegetation Management. Advise Agency DERM Ecoaccess.

2009-1098 Kainos Enterprises Pty Ltd atf F Baker Family Trust t/a Pine-Tech Australia (TMS)

23 Drummond Drive, Glanmire

Environmentally Relevant Activity ERA# 48 Wooden & Laminated Product Manufacturing (Threshold 1)

Amended AN & RFI sent 07/09/09. Awaiting applications response.

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File Number & Applicant Location Nature of Application Status

2009-1149 Schneider (PKM)

19 Skyline Terrace, Gympie

Multi-Residential (Duplex)

AL sent 25/08/09. RFI due.

2009-1219 Kettleton (KMF)

267 Repeater Station Road, Kanigan

Cattery or Kennel (Dog Breeding Kennel)

AL sent 03/09/09. RFI due.

RECONFIGURING A LOT – IMPACT ASSESSMENT 2008-1753 Lawson (MKM)

71 Laird Street & 3 Fulton Street, Goomeri

Boundary Alteration DMS. Report to P&D Committee Meeting

2009-0826 Zinlamb Pty Ltd As Trustee (MKM)

Hawkins Road, Widgee

Subdivision to Create Twenty Six (26) Lots in Three (3) Stages

PNS ALOD to be sent.

RECONFIGURING A LOT DA03663 Andreassen (TMS)

Ballard Road, Imbil

Development Permit – Stage 6 (3 Lots) and Stage 7 (18 and Balance)

DMS. Report to P&D Committee Meeting

DA14342 Christensen (MKM)

16-18 Glastonbury Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

DA15669 Andreassen (TMS)

153 Ballard Road & Michelle Court, Imbil

Subdivision to Create 16 Additional Lots

Reported to P&D Committee Meeting 03/06/09. Amended plan received 29/06/09. Awaiting Concurrence Agency’s response following applicant’s representations.

DA15862 Nissen (MKM)

1 Currambine Ave Gympie

Subdivision to Create One (1) Additional Lot & Common Area (CTS)

DMS. Reported to P&D Committee 05/08/09.

DA16162 Patrick (MKM)

358 Eel Creek Road, Pie Creek

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D committee Meeting.

DA16327 Sutherland & Rush (MKM)

134 & 136 Greentrees Road, Pie Creek

Subdivision to Create Seven (7) Additional Lots

Letter sent 23/07/09. DMS on hold 3 months.

DA16722 Brady (TMS)

Mackenzie Road, Tamaree

Boundary Alteration DMS. DN due. Application held in abeyance pending further advice. Letter sent 01/06/09 requesting intentions.

DA17219 Rowan (TMS)

406-407 Wilton Road, Greens Creek

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting. Refer to Item 3/2 in Today’s Agenda.

DA17330 Cochrane (KMT)*

48 Old Veteran Road, Veteran

Subdivision to Create Eight (8) Additional Lot

Letter sent 10/07/09 requesting revised plan.

DA17419 Bairnsdeen Pty Ltd (TMS)

36 Diggings Road, Imbil

Subdivision to Create 17 Additional Lots

RFI period extended to 04/09/09. Awaiting applicant’s response.

DA17588 Echochamp Pty Ltd (TMS)

44-45 Esplanade, Tin Can Bay

Subdivision to Create Three (3) additional Lots

DMS. Report to P&D Committee Meeting. Application on hold at applicant's request. 18/06/09.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

DA17847 Ryan (TMS)

410 Old Maryborough Rd, Araluen

Subdivision to Create Four (4) Additional Lots

Letter sent 16/12/08. Awaiting applicant’s response.

DA17953 Taylor (TMS)

256 Amamoor Dagun Road, Amamoor

Subdivision to Create Two (2) Additional Lots

Letter sent 18/05/09 on hold pending further advice.

R177/07 Kelly (SAC)

31 Scrub Road, Gunalda

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

R187/07 Moody (KMT)

6 Hermans Road, Gunulda

Subdivision to Create Three (3)Additional Lots

Withdrawn from the agenda General Meeting 12/11/08 at applicant's request. On hold pending advice from applicant.

R205/08 KG & JKL Knight Super Fund ATF (KMF)

Rodney Rd Curra Subdivision to Create One (1) Additional Lot

DNRW response received. Applicant making representations to DNRW.

SD483 Conway (KMT)

Cnr Fraser & Angel Sts, Kilkivan

Reconfiguring a Lot (13 Lots)

DMS. Report to P&D Committee Meeting. Amended plans received 28/08/09.

SD495 Allen (KMT)

2110 Gympie-Woolooga Rd Widgee

Subdivision to Create Seven (7) additional Lots (Stage 2)

DMS. DN due.

SD518 Hawkins (KMT)

193 Power Rd Widgee

Boundary Realignment

Reported to P&D Committee Meeting 03/06/09. Letter sent 15/06/09 on hold pending amended plans.

SD524 Steele (MKM)

22 Hawkins Rd Widgee

Reconfiguring a Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

SD531 Grinter & Nott (SAC)

6 Janke Road, Widgee

Reconfiguring a Lot (1 into 2)

RFI sent 01/10/08. Awaiting applicant’s response.

2008-0076 Carmichael (KMT)

225 Allen Rd, Chatsworth

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2008-0147 Keeldale Pty Ltd (TMS)*

221 Zerner Rd & Eel Creek Rd, Pie Creek

Subdivision to Create Thirteen (13) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-0554 Cooper & Sutherland (MKM)

43 Pine Valley Drive, Pie Creek

Subdivision to Create One (1) Additional Lot & Access Easement

DMS. DN due.

2008-0650 Hutchinson (PKM)

93 Grecian Bends Road, Greens Creek

Subdivision to Create One (1) Additional Lot

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 01/08/08. Applicant negotiating with DMR conditions. 01/10/08.

2008-0670 Moylan Falls Pty Ltd (MKM)

Wallader Road, Imbil

Boundary Alteration RFI sent 26/08/08. Awaiting applicant’s response.

2008-0771 Duff (KMT)*

56 Purcell Road, Bells Bridge

Subdivision to Create 30 Additional Lots

RFI sent 19/11/08. Awaiting applicant’s response. DMR response received 28/08/08.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-0826 Murray & Thrupp (MKM)

24 Birdwood Drive, Gunalda

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

SD532 Hendry (MKM)

75 Barrett Road, Widgee

Subdivision to Create Ten (10) Additional Lots

Part RFI response received 02/02/09.

2008-1074 JKM Projects Pty Ltd (KMT)

196 Old Maryborough Road, & 43 Hamilton Road, Gympie

Boundary Alteration Reported to P&D Committee Meeting 01/07/09. Letter sent 30/04/09 & 15/07/09 re amended proposal.

2008-1080 Humphris (MKM)

22 Country View Drive, Chatsworth

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2008-1142 Martoo consulting (MKM)

Hester Street & Bligh Street, Kilkivan

Subdivision to Create One (1) Additional Lot

RFI sent 25/11/08. Awaiting applicant’s response.

2008-0835 Pearman (SAC)

Glastonbury Road, The Palms

Subdivision to Create 24 Additional Lots

DNRW request for RFI issued 02/09/08.

2008-1086 Ellis (SFC)

McIntosh Creek Road, McIntosh Creek

Boundary Alteration DMS. DN due. Awaiting Concurrence Agency EPA response.

2008-1573 Kastrissios (SAC)

Meads Road, Tandur

Boundary Alteration RFI sent 13/05/09. Awaiting applicant’s response. Advice Agency EPA response received 05/11/08.

2008-1304 Odell J (MKM)

114 North Deep Creek Road, North Deep Creek

Subdivision to Create One (1) Additional Lot.

DMS. DN due.

2008-1098 Allen-Co Holdings Pty Ltd (KMT)*

2110 Gympie Woolooga Road, Widgee

Subdivision to Create 67 Lots in Two (2) Stages

Amended AN sent 23/01/09. RFI due. Concurrence Agency DMR.

2008-1187 Gympie Regional Council (MKM)

Scullett Drive, Tin Can Bay

Subdivision to Create 14 Additional Industrial Lots

Response to RFI received 24/6/09. Referral Agency DMR RFI sent 23/03/09. Advice Agency Energex response received 20/03/09.

2008-1519 Los (MKM)

Chitticks Road, Greens Creek

Boundary Alteration DMS. DN due.

2008-1640 D & K Holdings Qld Pty Ltd (KMT)

7 & 11 Heritage Lane, Southside

Subdivision to Create 26 Additional Lots

DMS. Report to P&D Committee. Refer to Item 3/1 in Today’s Agenda.

2008-1620 Mackellar (SAC)

580 & 628 Traveston Road, Traveston

Boundary Alteration RFI sent 05/03/09. Awaiting applicant’s response. Concurrence Agency Qld Transport. Advise Agency EPA.

2008-1641 Alcock (MKM)

746 East Deep Creek Road, Cedar Pocket

Subdivision to Create Two (2) Additional Lots in Two (2) Stages & Access Easement

RFI sent 19/03/09. Awaiting applicant’s response.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2008-1755 Weier (SFC)

28 Lorikeet Drive, Tamaree

Subdivision to Create One (1) Additional Lot

DMS. DN due. Amended plan received 27/08/09.

2008-1694 Pearce (KMT)

Gympie Connection Road, Victory Heights

Subdivision to Create One (1) Additional Lot

Reported to P&D Committee Meeting 02/09/09. Refer to Item 3/3 in Today’s Agenda.

2008-1775 Thorpe (KMT)

Craft Road, Veteran

Subdivision to Create One (1) Additional Lot & Access Easement

DMS. DN due.

2008-1718 Yaroomba Pty Ltd (MKM)

Hoopers Road, Curra

Subdivision to Create 14 Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1770 Stevens (SFC)

170 Herron Road, Pie Creek

Subdivision to Create One (1) Additional Lot

RFI response received 20/05/09. Concurrence Agency DNRW advice response due 24/09/09.

2008-1829 Chain (MKM)

377 Power Road, Widgee

Subdivision to Create Seven (7) Additional Lots

DMS. Report to P&D Committee Meeting.

2008-1873 Scott (PKM)

440 Jimbour Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 18/02/09. Awaiting applicant’s response.

2009-0004 George (KMF)

20 Lynch Road, East Deep Creek

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2009-0064 Bulger (KMF)

53 Boundary Drive, Widgee

Subdivision to Create Four (4) Additional Lots

DMS. DN due.

2009-0070 Anderson (SFC)

Cedar Pocket Road, Cedar Pocket

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0079 Curtis (SAC)

79 Glenbar Road, The Palms

Subdivision to Create One (1) Additional Lot

RFI sent 10/06/09. Awaiting applicant’s response. Concurrence Agency DNRW RFI issued 16/03/09. Advice Agency EPA.

2009-0069 Cummins (SFC)

9 Woodbine Street, Gympie

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0213 Eleventh Trail Pty Ltd (KMF)

Rifle Range Road & Spring Road, Gympie

Subdivision & Boundary Realignment to Create Four (4) New Lots from Three (3) Existing Lots

RFI sent 18/06/09. Awaiting applicant’s response.

2009-0196 Harwood Family Trust (MKM)

Miva Road, Munna Boundary Realignment

DMS. DN due.

2009-0259 Burke (KMT)**

590 Noosa Road, Mothar Mountain

Subdivision to Create Seven (7) Additional Lots

RFI sent 13/05/09. Awaiting applicant’s response. Concurrence Agency DNRW response received 05/06/09. Advice Agencies: EPA response received 13/05/09. Energex response received 03/07/09.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0272 Ten-Dyke (KMF)

219 Webb Road, Blacksnake

Subdivision to Create One (1) Additional Lot

RFI not required. Concurrence Agency DMRW advice response due 07/08/09. Amended proposal plans received 18/09/09.

2009-0244 Sollner (MKM)

133 De Castella Road, The Palms

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2009-0343 Margetts (MKM)

Evelyn Road & Watson Road, Southside

Subdivision to Create 13 Additional Lots

RFI sent 21/05/09. Awaiting applicant’s response.

2009-0405 Dan (KMT)

51 Deans Road, The Palms

Subdivision to Create Thirteen (13) Additional Lots

DMS. Report to P&D Committee Meeting.

2009-0308 Went (MKM)

41 Trout Road, The Dawn

Subdivision to Create Two (2) Additional Lots

RFI sent 21/05/09. Awaiting applicant’s response.

2009-0245 Benckendorff-Malik (MKM)

449 & 421 Kenman Road, Traveston

Boundary Realignment

RFI not required. Amended AN sent 18/08/09. Advice Agency Powerlink advise insufficient information 02/09/09.

2009-0453 Hendarwan (TMS)

26 O’Keeffe Road, Mothar Mountain

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2009-0475 Grono (MKM)

Rocks Road, Pie Creek

Subdivision to Create (12) Additional Lots

RFI sent 23/06/09. Awaiting applicant’s response. Concurrence Agency DNRW advice RFI sent 28/05/09. Advice Agency EPA.

2009-0381 Kunst (MKM)

Panorama Drive, Long Flat

Subdivision to Create One (1) Additional Lot & Access Easement

DMS. DN due.

2009-0345 NFM Developments Pty Ltd & PBC Developments (Qld) Pty Ltd (KMT)

42 Ballard Road, Imbil

Subdivision to Create 109 Additional Lots

RFI sent 02/06/09. Awaiting applicant’s response. Concurrence Agency Qld T’port advise RFI sent 22/05/09.

2009-0411 Project Development Specialists P/L (KMT)

13 Sorensen Road, Southside

Subdivision to Create 126 Additional Lots, Drainage Reserve and Park in Eight (8) Stages

DMS. Report to P&D Committee Meeting.

2009-0516 Fitzpatrick (SFC)

210 Kirsten Drive, Curra

Subdivision to Create Two (2) Additional & Access Easement

DMS. DN due.

2009-0464 Spoljaric (MKM)

Caulfield Road, Tamaree

Subdivision to Create Two (2) Additional Lots

DMS. DN due.

2009-0601 Schembri (SFC)

108 Donald Drive, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0564 Johnson (SAC)

177 Lynne Drive, Curra

Subdivision to Create One (1) Additional Lot

AN sent 22/05/09. RFI not required. Concurrence Agency DNRW advise applicant responded to RFI 29/07/09.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-0607 Gresham (KMF)

Fullerton Road, Kybong

Subdivision to Create Two (2) Lots from Two (2) Existing Titles in a Community Titles Scheme

DMS. Letter sent 10/08/09 Application on hold pending further submission from applicant.

2009-0683 Conroy (SAC)

Settlement Road, Curra

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0696 O’Sullivan (KMT)

16 Van Doren Road, Southside

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

2009-0655 The Planning Place (KMT)

Mudlo Road, & 554 McKewen Road, Kilkivan

To Create Two (2) New Lots from Two (2) Existing Lots

DMS. Report to P&D Committee Meeting.

2009-0656 The Planning Place (KMT)

47 Old Boonara Road, Cinnabar & Mudlo Road, Kilkivan

To Create Tow (2) New Lots for Two (2) Existing Lots

DMS. Report to P&D Committee Meeting.

2009-0657 The Planning Place (KMT)

563 Running Creek Road & Mudlo Road, Kilkivan

To Create Four (4) New Lots for Four (4) Existing Lots

DMS. Report to P&D Committee Meeting.

2009-0659 The Planning Place (KMT)

Mudlo Road, Kilkivan & Kilkivan Tansey Road, Cinnabar

To Create Four (4) New Lots from Four (4) Existing Lots

DMS. Report to P&D Committee Meeting.

2009-0634 Oakland Investments (Aus) Ltd (KMT)

Tandur Traveston Road, Lehman Road, & Traveston Road, Traveston

Boundary Realignment & Subdivision of 13 Existing Lots

AN sent 15/06/09. RFI sent 13/07/09. Awaiting applicant’s response. Concurrence Agency DMRW & Advisory Agency Eco Access. DERM RFI issued 13/07/09.

2009-0764 Smith (SAC)

31 Parkland Drive, Chatsworth

Subdivision to Create Two (2) Additional Lots & Access Easements

RFI not required. Concurrence Agency Ecoaccess.

2009-0747 Spunchrome Pty Ltd (KMT)

765 Kandanga Imbil Road, Imbil

Subdivision to Create 72 Additional Lots

RFI sent 03/07/09. Concurrence Agencies; DMR response received 30/07/09 & DNRW RFI issued 07/07/09. Advice Agency Ecoaccess.

2009-0770 Butterworth (SAC)

Stegemann Road, Upper Glastonbury

Subdivision to Create One (1) Additional Lot

DMS. Report to P&D Committee Meeting.

2009-0780 Eleventh Trail Pty Ltd (SAC)

Lillis Road, Gympie

Reconfiguring a Lot - Subdivision to Create Two (2) Lots from Two (2) Existing Titles

RFI sent 10/08/09. Awaiting applicant’s response.

2009-0833 Alford (KMT)

McIntosh Creek, Jones Hill

Subdivision to Create 14 Additional Lots

RFI sent 23/07/09. Awaiting applicant’s response.

2009-0728 Casys Pty Ltd aft J & J Delgos Family

27 Old Goomboorian Road, Veteran

Subdivision to Create Eight (8) Additional Lots

RFI sent 14/07/09. Awaiting applicant’s response. Concurrence Agency DMRW advise response due

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

Trust & Moorakyne Investments Pty Ltd aft Crooks Family Trust (SFC)

04/08/09.

2009-0838 Mitchell (SFC)

76 Cliff Jones Road, Curra

Subdivision to Create Two (2) Additional Lots

RFI sent 30/07/09. Awaiting applicant’s response.

2009-0889 Greig (SFC)

288 McIntosh Creek Road, Jones Hill

Subdivision to Create Two (2) Additional Lots

RFI sent 06/08/09. Awaiting applicant’s response. Energex response received 18/08/09.

2009-0905 Salmon (SFC)

34 Boyle Road, The Palms

Subdivision to Create One (1) Additional Lot

DMS. DN due.

2009-0907 Constable (QLD) Pty Ltd (SAC)

4 Tooth Drive, Widgee

Subdivision to Create One (1) Additional Lot

RFI sent 04/08/09. Awaiting applicant’s response. Concurrence Agency DMR response received 04/08/09.

2009-0941 Robinson Earthmoving Pty Ltd (KMF)

Nicholls Road, Monkland

Subdivision to Create (16) Additional Lots

DMS. Report to P&D Committee Meeting.

2009-0890 Raymont (SAC)

Tandur Traveston Road, Traveston

Subdivision to Create Two (2) Lots from Two (2) Existing Titles

RFI not required. Concurrence Agency DERM.

2009-0998 Hess (TMS)

Briere Road, The Palms

Subdivision to Create One (1) additional Lot

RFI sent 02/09/09. Awaiting applicant’s response. Concurrence Agency DERM advise RFI due 22/09/09.

2009-1027 Bontoft (SFC)

33 Roselea Avenue, Southside

Subdivision to Create Two (2) Additional Lots and Access Easement

DMS. DN due.

2009-1035 Lehman (SFC)

Lorikeet Drive, Tamaree

Lorikeet Drive, Tamaree

RFI response received 18/08/09. Concurrence Agency DERM.

2009-1053 Dwyer & Ludwig (SFC)

117 Barrett Road, Widgee

Subdivision to Create Two (2) Additional Lots

RFI sent 02/09/09. Awaiting applicant’s response. Concurrence Agency DERM Vegetation Management.

2009-1042 Waugh (SAC)

1005 Glastonbury Road, Glastonbury

Boundary Realignment

AL sent 11/08/09. RFI due.

2009-1102 Kerridge (KMF)

101 Yabba Creek Road, Imbil

Subdivision to Create (1) Additional Lot

RFI not required. Concurrence Agency DERM Vegetation Management Advice Agency DERM Ecoaccess

2009-1100 Salisbury (PKM)

70 & 72 Cooloola Drive, Rainbow Beach

Boundary Realignment

RFI not required. Advice Agency DERM Ecoaccess.

2009-1105 Steffens & Kid (SFC)

80 Old Maryborough Road & 1 Glasgow Street, Gympie

Boundary Realignment

DMS. DN due.

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Gympie Regional Council

File Number & Applicant Location Nature of Application Status

2009-1113 Resland Management (Aust) Pty Ltd (TMS)

Ranson Road, Gympie

Subdivision to Create Eleven (11) Additional Lots

AL sent 21/08/09. RFI due.

2009-0042 Maynard (PKM)

Kinbombi & Walker Road, Kinbombi

Boundary Realignment

AL sent 21/08/09. RFI due.

2009-1150 Brunning (SFC)

1982 & 1964 Noosa Road, Traveston

Boundary Realignment

RFI not required. Advice Agency DERM Ecoaccess, Powerlink.

2009-0079 Johnston (SFC)

128 Lynne Drive, Curra

Subdivision to Create One (1) Additional Lot

AN sent 27/08/09. RFI due. Concurrency Agency DERM Vegetation Management.

2009-1260 Black (TMS)

Bruce Highway & Purcell Road, Bells Bridge

Subdivision to Create Three (3) New Lots from Three (3) Existing Lots

AL sent 02/09/09. RFI due.

OPERATIONAL WORK (Including Combined Building/Plumbing and Operational Work) DA13337 Wagner (SFC)

391 Bruce Highway North, Two Mile

Earthworks Preliminary response to RFI received 07/08/09.

DA13568 Crampton (TMS)1656

10 Mitchell Street, Tin Can Bay

COMBINED Op Works – Site Works, Driveway Access, Carparking & Landscaping

RFI sent 10/08/06. Part information received. Still awaiting extra information. Hydraulics received.

DA15807 Sawrey (TMS)

128 Emperor Street, Tin Can Bay

COMBINED Building Work (Class 2-9) & Boundary Relaxation, Plumbing (7 fixtures) & Operational Works

Further RFI sent 28/05/07 re building over sewer.

DA15865 Zerner (MKM)

8 Wadell Road, Two Mile

Driveways, Stormwater Drainage, Retaining Wall, Carparking & Earthworks)

DMS. DN due.

DA18232 Howard (KMT)

Rifle Range Rd, Gympie,

Civil Works for Residential Subdivision (Stage 3)

DMS. DN due.

2008-0190 Keeldale Pty Ltd (TMS)

Eel Creek Rd, Pie Creek

Roadworks & Associated Civil Works for Rural Residential Subdivision (Stages 2 and 3)

DMS. DN due.

2008-0639 Tyrenwhit Pty Ltd (KMT)*

20 Barter Street, Gympie

Bulk Earthworks (Fill)

DMS. DN due.

2008-0273 Gympie Residential Golf Pty Ltd (SAC)

25 Corella Road, Gympie

Civil Works for Stages 3 & 4 of Approved Multi-Residential Development

DMS. DN due. Stage 3 DN issued 26/11/08. Awaiting Stage 4 information.

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File Number & Applicant Location Nature of Application Status

2008-1430 Cozen Regan Williams Prove Pty Ltd (TMS)

Cootharaba Road, Gympie

Roadworks, Stormwater Drainage, Water and Sewerage Infrastructure, Earthworks, Electrical Supply/Street Lighting and Landscaping for Approved Residential Subdivision

DMS. DN due.

2008-1400 Millers (TMS)

2 Tucker Street & 20 Chapple Street, Gympie

Roadworks, Stormwater, Landscaping & Earthworks

DMS. DN due.

2008-1682 Lohage (KMT)

Ian Drive, Curra Dam RFI sent 10/12/08. Awaiting applicant’s response.

2008-1861 Akers (MKM)

40 Bath Terrace, Gympie

Roadworks, Driveway & Retaining Walls

DMS. DN due.

2008-1918 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Carparking & Access for Approved Shopping Centre

DMS. DN due.

2008-1831 Gympie South Developments Pty Ltd (KMT)

Eagle Hawk Drive and 85 & 93 Groundwater Road, Southside

Site Works, Roadworks, Kerb and Channel and Associated Drainage, Stormwater Drainage, Water and Sewer Mains and Landscaping for Approved residential Subdivision Stages 3 and 4)

DMS. DN due.

2009-0186 AHC Limited (TMS)

1-5 Woolgar Road, Southside

Stormwater & Sewerage Infrastructure

DMS. DN due.

2009-0258 Ken Hudson & Assoc (MKM)

20 Inglewood Road, Monkland

Access Driveway, Inter-allotment Drainage, Water & sewerage Reticulation for Approved Subdivision

DMS. DN due.

2009-0470 CEDMS Pty Ltd as Trustee KHA Development Managers (MKM)

12 Tweed Lane, Gympie

Sewer Main Construction, Access Construction, Stormwater Management and Water Main Connection for Approved Subdivision

RFI sent 16/06/09. Awaiting applicant’s response.

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File Number & Applicant Location Nature of Application Status

2009-0297 Niduts Investment Trust (KMF)

Power Road, Widgee

Roadworks RFI sent 18/06/09. Awaiting applicant’s response.

2009-0384 Gympie Building Co (SAC)

2 Little Channon Street, Gympie

Car Parking RFI sent 11/06/09. Awaiting applicant’s response.

2009-0619 Lollback (TMS)

170 Fisher Road, Banks Pocket

Roadworks DMS. DN due.

2009-0614 Amaroo Properties (TMS)

9 Adams Street, 23 Chatsworth Road & 22a Oak Street, Gympie

Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks, Signage, Sewerage Infrastructure, Retaining Structures, Footpath, Carparking, and Driveways for approved Accommodation Premises

AN sent 30/07/09. RFI due. Concurrence Agency EPA response received 04/08/09.

2009-0720 Sigma Developments Pty Ltd (TMS)

Groundwater Road, Southside

Road & Drainage Works, Stormwater, Earthworks, Water & Sewerage Infrastructure & Retaining Walls for approved Subdivision

RFI sent 07/08/09. Awaiting applicant’s response.

2009-0781 I & L Logegeier Superannuation Fund

123 Groundwater Road, Southside

Stormwater, Roadworks, Earthworks, Water Infrastructure, Drainage Works and Sewerage Infrastructure for Approved Residential Subdivision

RFI sent 02/09/09. Awaiting applicant’s response.

2009-0796 Roman Catholic Archdiocese of Brisbane (TMS)

20 Bligh Street, Gympie

Roadworks for approved Multi-Purpose Centre

RFI sent 07/08/09. Awaiting applicant’s response.

2009-0913 Oakvale Homes Building Group Pty Ltd (KMT)

Clarkson Drive, Curra

Roadworks, Stormwater & Drainage Works

AL sent 17/07/09. RFI due.

2009-0940 G & M Consultants (TMS)

2 to 12 Church Street, Gympie

Roadworks, Stormwater & Earthworks for Approved Education or Health Premises

DMS. DN to be sent.

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File Number & Applicant Location Nature of Application Status

2009-0970 Ken Hudson & Associates (SAC)

449 Eel Creek Road, Pie Creek

Civil Works for Approved Subdivision

RFI sent 13/08/09. Awaiting applicant’s response.

2009-1080 Protheroe (TMS)

19 Dennis Little Drive, Glanmire

Stormwater, Landscaping & Driveways

RFI sent 02/09/09. Awaiting applicant’s response.

2009-1112 Kimlin Building Pty Ltd (MKM)

4 Chapple Street, Gympie

Access Construction AL sent 25/08/09. RFI due.

2009-1124 Gympie Regional Council (TMS)

215 Brisbane Road, Monkland

Roadworks, Earthworks, Drainage Works & Sewerage Infrastructure

AL sent 25/08/09. RFI due.

2009-1239 Rainbow Shores Pty Ltd (TMS)

Wyvern Road, Rainbow Beach

Landscaping AL sent 02/09/09. RFI due.

OPERATIONAL WORK – ADVERTISING DEVICES DA15079 Brown (MKM)

8 Jeremy Road, Widgee Crossing South

Advertising Device - Freestanding Non-moving Sign) and Building Work (Class 10b Sign)

RFI sent 05/02/07. Applicant’s part response received 10/05/07. Advised applicant new site plan required.

2009-1111 Suncert Pty Ltd (PKM)

18 Rowe Street, Gympie

Advertising Devices (Two (2) Freestanding Non-Moving Signs)

AL sent 21/08/09. RFI due.

2009-1162 Stirling Homes (PKM)

105 Mary Valley Road, Southside

Advertising Device (One Free Standing Non-Moving sign) & Building Work (Class 10b Sign)

AL sent 27/08/09. RFI due.

SIGNS TO BE ASSESSED UNDER LOCAL LAW

BUILDING WORK ASSESSABLE AGAINST THE PLANNING SCHEME DA17709 Inall (MKM)

11 Smyth St, Gympie

(Removal of Dwelling House within the Heritage and Character Overlay)

RFI sent 04/02/08. Awaiting applicant’s response. Heritage Advisory Committee response received 06/03/08.

2008-1904 Lawless (TMS)

Booubyjan Road, Booubyjan

(Additions to Building on a Cultural Heritage Site)

DMS. DN due. Assessed (State Act) refer 2009-0353 Building Application

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P15/09/09 Moved: Cr R.A. Gâté Seconded: Cr L.J. Friske Recommend that the information be noted.

Carried

4/2 Development Applications Approved File: Minute P16/09/09 DA12339 Applicant: Opus Qantec McWilliam Site Address: 39 Watson Road, Southside The proposal is for Request to Change Existing Approval for Reconfiguring a Lot – Subdivision to Create Eight (8) Additional Lots over Lot 4 MPH33938. The Decision Notice was approved on 2 September 2009 and issued on 2 September 2009 subject to conditions from the Assessment Manager.

File: 2008-0875 Applicant: Jirina Zeman Site Address: 267 Burgess Road, Calico Creek The proposal is for Material Change of Use - Multi-Residential (Caretakers Residence) over Lot 3 RP222069. The Decision Notice was approved on 2 September 2009 and issued on 2 September 2009 subject to conditions from the Assessment Manager. File: 2008-0999 Applicant: Sheehy & Partners Pty Ltd Site Address: Achilles Avenue, Cooloola Cove The proposal is for Operational Work – (Roadworks, Earthworks, Stormwater Drainage - Sewerage and Water Reticulation) over Lot 212 RP174249. The Decision Notice was approved on 1 September 2009 and issued on 1 September 2009 subject to conditions from the Assessment Manager. File: 2009-0034 Applicant: Thornbury Nominees Pty Ltd Site Address: 3A Williams Lane, Southside

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The proposal is for Reconfiguring a Lot – Subdivision to Create One (1) Additional Lot – (2 Lot Community Titles Scheme) over Lot 146 LX2484. The Decision Notice was approved on 1 September 2009 and issued on 1 September 2009 subject to conditions from the Assessment Manager. File: 2009-0396 Applicant: Opus Qantec McWilliam Site Address: 110 Allen Road, Chatsworth The proposal is for Operational Work – Roadworks for Approved Rural Residential Subdivision over Lot 657 MCH5288. The Decision Notice was approved on 31 August 2009 and issued on 31 August 2009 subject to conditions from the Assessment Manager. File: 2009-0658 Applicant: E & W Sanewski Site Address: 166 North Deep Creek Road, North Deep Creek The proposal is for Operational Work - Roadworks for Approved Subdivision over Lot 590 MPH35007. The Decision Notice was approved on 1 September 2009 and issued on 1 September 2009 subject to conditions from the Assessment Manager. File: 2009-0665 Applicant: Graham Los Site Address: Cavanagh Road & Bridge Creek Road, Greens Creek The proposal is for Reconfiguring a Lot - Subdivision to Create Two (2) Lots from Two (2) Existing Titles over Lot 1 CP864838 & Lot 2 MPH14152. The Decision Notice was approved on 31 August 2009 and issued on 31 August 2009 subject to conditions from the Assessment Manager. File: 2009-0989 Applicant: Landoway Signs Pty Ltd Site Address: Tin Can Bay Road, Tin Can Bay The proposal is for Advertising Device (One (1) Freestanding Non-Moving Sign) and Building Work (Class 10b Sign) over Lot 64 SP168809.

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The Decision Notice was approved on 31 August 2009 and issued on 31 August 2009 subject to conditions from the Assessment Manager. File: SD510 Applicant: Ken McDonald Surveys Pty Ltd Site Address: Gympie-Woolooga Rd, Widgee The proposal is for Reconfiguring a Lot – Subdivision to Create Seven (7) Additional Lots over Lot 3 RP189439. The Decision Notice was approved on 2 September 2009 and issued on 2 September 2009 subject to conditions from the Assessment Manager.

P16/09/09 Moved: Cr R. Dyne Seconded: Cr D.R. Neilson Recommend that the information be noted.

Carried

SECTION 5: GENERAL MATTERS

5/1 Building Summary and Report for Month of August 2009 Re: Minute P17/09/09 Building Summary and Report for the Month of

August 2009 From: Director of Planning and Development – M. Hartley File: BG94/00002 Date: 31 August 2009 Report: (Director of Planning and Development - M. Hartley) The Building Summary and Report for the Month of August 2009 is included as Attachment 1.

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P17/09/09 Moved: Cr R.A. Gâté Seconded: Cr J. Watt

Recommend that the Building Summary and Report for the month of August 2009 as presented, be received.

Carried

SECTION 6: MATTERS FOR COUNCIL’S INFORMATION The following items have been copied into a booklet for Council’s Information No Date

Received Received from Subject

1 26/08/09 WBBROC Statutory Regional Plan for Wide Bay Burnett (Doc ID 1068635)

2 28/08/09 DERM Recommendation to enter Memorial Park in the Queensland Heritage Register as a State Heritage place (Doc ID 1069130)

P18/09/09 Moved: Cr R.A. Gâté Seconded: Cr A.J. Perrett

Recommend that Council notes the contents of the correspondence.

Carried

SECTION 7: IN COMMITTEE ITEMS Nil

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SECTION 8: GENERAL BUSINESS

There being no further business the meeting closed at 12.15pm.

CONFIRMED THIS THE TWENTY THIRD DAY OF SEPTEMBER 2009.

_____________________________________________ Cr I.T. Petersen

Chairman