SOMERSET REGIONAL COUNCIL - OFFICER'S REPORTTo: Jason Bradshaw, Chief Executive OfficerFrom: Ryan Cheng, planning officerDate: 6 February 2019Subject: DevelopmentApplication No. 18161

Applicationfor a DevelopmentPermit for Material Change of Use for a DwellingHouse (secondarydwelling)

File No: DA18161 Action Officer: PO - RCAssessment 34531-00000-000No:

1.0 APPLICATION SUMMARYSubject LandLocation 400 Postmans Track, MindenReal Property Description Lot 40 on RP32355Area 24.180 hectaresCurrent land use Residential- Dwelling house and Domesticoutbuilding

Somerset Region Planning Scheme Version ThreeZone Rural

ShapingSEQLand Use Category Regional Landscape and Rural Production Area

ApplicationProposed DevelopmentCategory of AssessmentApplicant/sApplicants contact details

Date application receivedDate properly made

Secondary DwellingCodeTony Kusters80-82 Warrego HighwayChinchilla QLD 4413Email: tony(ä)westterndownsibs.net13 November201816 November 2018

Referral AgenciesConcurrence Agencies State Assessmentand Referral AgencyAdvice Agencies Powerlink

EnergexPublic Notification Not required

RECOMMENDED DECISIONApprove the Development Application No. 18161 subject to the requirementsand conditionscontained in the Schedules and Attachments.

Locality Plan of Lot 40 on RP32355Situated at 400 PostmansTrack, Minden

2.0 PROPOSALThe applicant proposes to establish a Secondary dwelling in the southern region of the site,east of the existing Dwelling house. The applicant proposes the new Secondarydwelling willbe occupied by the relatives of the Principal dwelling, which will continue to be occupied by

the landowner.

The proposed Secondary dwelling will be setback 6m from the front boundary and in excessof 15m from all other boundaries.The proposed dwelling is single storey, reaching a maximumheight of 3.34m above the ground level. Access to the proposed dwelling will be from the

existing access at Postmans Track.

The proposed dwelling will be approximately8.2% gross floor area of the existing Principaldwelling. This complies with the acceptable outcome stipulated by the Dwelling house code.The site, proposed floor and elevation plans have been provided at Attachments 1, 2 and 3.

3.0 SITE DETAILS AND SURROUNDING USESThe subject site is a rural property and has an irregular shape. The site is currently improvedby the existing Principal dwelling and sheds. The site boundaries are defined by PostmansTrack and Steinhardts Road West to the south and other neighbouring properties to the

remainingdirections. The proposed developmentfootprint is cleared of vegetation and is notknown to be prone to subsidence, erosion or inundation.

The site is transverse by a gas pipeline and high voltage electricity transmission lines andtheir respectiveeasements.

The surrounding land uses are predominately rural in nature, consisting of similar size lots.The site is not located close to any known extractive resource activities or intensive animalindustries.

? 4.0 STATE ASSESSMENT4.1 Vegetation ManagementAct 1999As per the Department of State Development, Manufacturing, Infrastructure and Planning'sDevelopment Assessment Mapping System, the proposed development footprint does notcontain regulated vegetation requiring referral to the State government, pursuant to thePlanning Regulation 2017.

4.2 EnvironmentalProtection Act 1994The site is not listed on the Contaminated Land Register or the Environmental ManagementRegister.

4.3 Planning Regulation 2017Pursuant to Schedule 10, Part 9, Division 1, Table 1, as part of the site is subject to aninfrastructuredesignation, referral to the State department is required.

Pursuant to Schedule 10, Part 9, Division 2, Table 2, as the site is identified to be subject toan easement for the benefit of Powerlink and Energex, referral to Powerlink and Energex is

required.

5.0 COUNCIL ASSESSMENTAn assessmentagainst the relevant parts of the planning scheme is set out below.

5.1 Strategic FrameworkAn assessment against the Strategic Framework was not required as the proposeddevelopment is not an impact assessabledevelopment.

5.2 Code Compliance SummaryApplicableCode Compliance with PerformanceOutcomes

Overall OutcomesRural zone code Yes PO1

Dwelling house code Yes PO1

Transport, access and parking Yes CompliescodeAir transport overlay code Yes CompliesInfrastructure overlay code Yes PO2Landslidehazard overlay code Yes PO1

Rural zone codePerformance outcome | ExampleBuilding setbacksPO2 AO2Building setbacks: Buildings and structures are setback a(a) contribute to the maintenance of the rural minimum 15 metres from the primary

character of the zone; and street frontage of the site.(b) manage potential amenity impacts on

sensitive land uses on adjoining premises.

Performance OutcomeAssessmentThe proposed Dwelling house is setback6m from the primary street frontage of the site.

The site is constrained by existing infrastructureson-site, suitable locations for theSecondary dwelling are therefore limited.

The proposed Secondary dwelling has a similarsetback to the existing Principal dwelling.

It is considered the development proposed does not create amenity impacts adjoiningneighbours.

It is considered the developmentproposed satisfies PO2 of the Dwelling house code.

Dwelling house codePerformance outcome | ExampleGeneralPO1 A01.5The scale, intensity, and siting of dwelling The dwelling house is set back no lesshouses maintains the character and amenity of than 15 metres from the street frontagethe locality. boundary in the Rural zone.

Performance Outcome AssessmentThe Dwelling house is setback 6m from the street frontage boundary of the site.

The site is constrained by existing infrastructures on-site, suitable locations for theSecondarydwelling are therefore limited.

It is consideredthe scale and intensity of the proposed Secondary dwelling is minimal andtherefore will not affect the character and amenity of the locality.

It is considered the development proposed satisfies PO1 of the Dweiling house code.

Secondary dwellingsPO7Secondary dwellings:(a) are designed and sited to maintain local

character and amenity;(b) are visually compatible with the existing

dwelling house; and(c) are located in proximity to the principal

dwelling.

AO7.3The secondary dwelling is provided withat least one covered parking space.

PerformanceOutcome AssessmentNo covered parking space has been proposed in the development application. However,given the large size lot, a covered parking space can be provided if required.

Infrastructureoverlay codePerformance outcome | ExampleHigh voltageelectricity transmissions linesPO2High voltage electricity transmission lines(a) are protected from encroachment by

incompatibledevelopment; and(b) sensitive land uses are appropriately

separated from high voltage electricity

AO2.2Buildings associated with sensitive landuses are setback from high voltageelectricity transmissionlines as identifiedon the Infrastructureoverlay mapsOM009a-g and in accordance with the

transmission lines to protect public health following:

and safety and to minimise the likelihood of (a) 20 metres for transition linesnuisance or complaint between 110kV and 132kV;

(b) 30 metres for transmission linesbetween133kV and 330kV; and

(c) 40 metres for transmission linesexceeding 331kV.

AO2.3Buildings that directly overlook highvoltage electricity transmission lineshave living areas that are oriented awayfrom the transmission line.

Performance Outcome AssessmentThe proposed Secondary dwelling will be located within the 40m buffer of the transmissionline.

Alternative location of the Secondary dwelling is limited due to the undulatingtopographyand other infrastructures located on-site. The proposed Secondary dwelling will have asimilar setback to the existing Principal dwelling.

It is considered the development proposed satisfies PO2 of the Infrastructureoverlaycode.

Landslide hazard overlay codePerformance outcome | ExampleRisk of harm to people and propertyPO1 A01.1Development does not cause an unacceptable Buildingsare not located in a landslideincrease in the level of risk to people and hazard area as identified on theproperty as a result of landslide or potential Landslide hazard overlay mapslandslide. OM0010a-b.

Note - A site-specificgeotechnical investigation must be

undertaken to demonstratethat although thedevelopmentsite is located within a landslidehazardarea as identified on the Landslide hazard overlaymaps OM0010a-b, the landslide hazard risk is

acceptable.

PerformanceOutcomeAssessmentThe proposed Secondary dwelling will be located in a landslide hazard area as identifiedon the overlay map.

A condition will be included in the Schedule of Conditionsrequiring the foundation andfooting plan of the Secondary dwelling to be signed by a RPEQ engineer.

It is considered the development proposed complies with PO1 of the Landslide hazardoverlay code.

6.0 OTHER PLANNING CONSIDERATIONS6.1 Trunk Infrastructureand ServicesThe following items of trunk infrastructure and services applicable to the proposeddevelopment are individuallyaddressed below.

6.2 WaterSupply and SewerageThe subject land is not locatedwithin an area serviced by a reticulated water supply networkor a reticulated sewer network, and so conditions will be included requiring the developmentto be providedwith a water tanks for potable and drinking uses and a HSTP system compliantwith the relevant Australian standard.

6.3 Stormwater/DrainageThe proposed development is not considered to have any adverse impacts upon stormwaterand drainage.

A condition requiring the land owner to ensure that stormwater is delivered to a legal point ofdischarge and designed in accordance with the Queensland Urban Drainage Manual hasbeen included in the Schedules of Conditions.

6.4 TransportnetworkThe proposed development is not considered to unreasonably burden upon local transportnetworks. There is no associated infrastructurecharge for dwellings of this type within theregion.

6.5 Parks and Open spaceThe proposed development is not considered to have any adverse impacts upon the Parksand open space network.

6.6 InfrastructurechargesAs discussed above, there are no Infrastructure Charges applicable to this Dwelling houseunder Council's current Charges Resolution.

6.7 EnvironmentThe proposed developmentwill not result in environmental degradation.

6.8 HeritageThe site neither adjoins nor contains a heritage feature listed in either the QueenslandHeritage Registeror Council's Local Heritage Register.

7.0 STATE AGENCY REFERRALS7.1 Referral Agency - Department of State Development, Manufacturing,Infrastructureand PlanningThe State government has designatedpart of the subject site for infrastructure development.Referral to the Department is therefore required under Schedule 10, Part 9, Division 1 andTable 1 of the Planning Regulation2017.

The Department has assessed the impact of the proposed developmentand has concludedthe development will not adversely impact on matters of the infrastructure designation.Referto attachment 3 and Schedule 4 of the draft conditions.

7.2 Referral Agency (Advice) - Powerlink Queensland and EnergexAs the site is burdened by powerline easements, referral to Powerlink Queensland andEnergex is therefore required under Schedule 10, Part 9, Division 2 and Table 2 of thePlanningRegulation2017.

Both Powerlink and Energexhave assessed the impactof the proposeddevelopmenton theirinfrastructures and easements and support the application, subject to the inclusion ofconditions provided in their responses.

Powerlink's response is referenced as DA3140 and dated 29 November 2018. Refer toattachment 4 and Schedule 5 of the draft conditions.

Energex's response is referenced as HBD 6496045 and dated 7 March 2019. Refer toattachment 5 and Schedule 6 of the draft conditions.

8.0 CONCLUSIONThe proposed development is for an additional dwelling house on the subject site. Theadditional dwelling will be occupied by the relatives of the landowner.The secondary dwellingwill remain subordinate to the principal dwelling. Although the proposed development doesnot comply with all acceptable outcomes of the relevant and applicable assessmentbenchmarks,the development complieswith the performance outcomesor can be mitigatedthrough development conditions.

10.0 ATTACHMENT1. Site plan, Prepared by the Applicant, Council reference as DA18161 - Attachment 1,

Received by Council on 4 March 2019, Additional information added by Council.2. Layout Plan, Prepared and Signed by R. Nancarrow, Drawing No. STOO180003-3,

Dated 7 March 2018.

RECOMMENDEDDECISIONThat Council approve the DevelopmentApplication No. 18161 for a Development Permit fora Material Changeof Use for a Dwelling House (secondary dwelling) on land describedas Lot40 on RP32355 and situated at 400 Postmans Track, Minden subject to the requirements andconditions contained in the Schedules and Attachments.

That Council report for this applicationbe published to the website as Council's Statement ofReasons in accordance with the s63(5) of the Planning Act 2016.

SCHEDULE 1- GENERAL CONDITIONS

AssessmentManager

No Condition Timing1.1 Carry out the development generally in accordance with the At all times

material contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditionsof approval.Site plan, Prepared by the Applicant, Council reference asDA18161 - Attachment 1, Received by Council on 4 March2019, Additional information added by Council.Layout Plan, Prepared and Signed by R. Nancarrow, DrawingNo. STO0180003-3,Dated 7 March 2018.

1.2 Comply with the relevant provisions of the Somerset Region At all timesPlanning Scheme, Planning Scheme Policies and Local Laws.

1.3 A legible copy of this development approval package is to be At all times during theavaliable on the premisesat all times during construction. construction phase

1.4 Pay to Council any outstanding rates or charges or expenses Before the changethat are a charge over the subject land levied by Council; and/or happens

levied but not fully paid over the subject land.

1.5 Uniess connected to a reticulated water supply network, Before the changeprovide a minimum water supply storage capacity of 45,000 happensLitres capable of capturing roof run-off and connected to serviceall domesticwater consumption needs of the development.

Or

Unless connected to a reticulated water supply network,provide the development with a drinkable water supply from anapproved bore, and a tank with a minimum water supplystorage capacity of 10,000 Litres connected to service alldomestic water consumption needs of the development.

Note: The result of the Standard Drinking Water Test is to be

providedto Council.

1.6 Unless connected to a reticulated sewerage network, provide Before the changean on-site effluent disposal system that is compliant with the happensrelevant Australian standards.

1.7 Building works and plumbing and drainage works approvals Before themust be gained. commencementof

use

Landslide hazard1.8 The foundation design of the proposed development must be As part of the Building

certified by a Registered Professional Engineer of Queensland Application for the(RPEQ) for the proposed location. proposed

developmentA copy of the Certified foundation design is to be submitted toCouncil.

Infrastructures1.9 No additional gates, fences or other access restrictions are At all times

created within or along the easementfor high voltage electricitytransmission lines.

1.10 Vegetation planted within an easement of a high voltage At all times

electricity transmission line or, where there is no easement, thearea of influence of a high voltage electricity transmission line,has a mature height of no more than 3.5 metres.

1.11 No earthworks are undertaken within 20 metres of a At all timestransmission tower or pole, or within 20 metres of the edge ofthe easement (whichever is greater) for overhead high voltageelectricity transmission lines

SCHEDULE 2- ENGINEERING

Assessment ManagerNo Condition Timing

Public Utilities/Infrastructure2.1 Bear the cost of any alterations necessary to public utilities At all times

resulting from compliance with the conditionsof this approval.

2.2 Meet the cost of all works carried out to infrastructure, services At all timesand public utilities, including any alterations resulting fromcompliance with these conditions whether carried out byCouncil, or otherwise.

2.3 Repair any damage to Council infrastructurethat occurs during At all timesany works carried out in association with the approveddevelopment.

Stormwater drainage2.4 Ensure Stormwater drainage is delivered to a lawful point of At all times

discharge

2.5 Stormwater drainage and flows are to have a no worsening At all times.effect on adjoining, upstream, or downstream landholders.

Vehicle access2.6 The landowner is responsible for construction and maintenance At all times

of vehicular access for the property, from the road carriagewayto property boundary in accordance with Council's Policy andStandards, and to an all-weatherstandard.

NOTE: AII-weather standard is an access which is capable ofbeing traversed by a two wheel drive vehicle during and afterastorm event with no significant damage or deformation to theaccess. Maintenance will be performed to preserve the accessas all weather. Drainage structures are to be placed in watercourses that have flowing water greater than 2OOmm in depthduring non-stormevents.

2.7 All vehicular access for the development shaH 7ovideconvenient and safe access and egress from the site in

accordance with Somerset Regional Council Design Standards.

Erosion and sedimentcontrol2.8 Erosion and sedimentation controls shall be implemented, as At all times

necessary, and shall be maintained to Council's satisfaction atall times during the course of the project. Should Councildetermine that proposed controls are ineffective or adownstream drainage system has become siited, the developerwill:

? Be required to install additional measures? Be responsible for the restoration work.

Should the developer fail to complete the works determined byCouncil within the specific time, the Council will complete thework and recover all costs from the developer associatedwiththe work.

SCHE DULE 3.- ENVIRONMENTALAssetsment Manager

No Condition Timing3.1 All solid, semi-solid and liquid waste generated from the At all times

construction and occupation of this approved development mustbe collected and disposed of by Council's contractor or otherCouncil approved waste collector unless otherwise approved byCouncil.

3.2 All construction / demolition or other waste is to be removed During constructionfrom the site and deposited at an approved waste disposal phasefacility in a manner acceptable to Somerset Regional Councilunless otherwise authorised by Council.

3.3 The holder of this developmentapproval must not: At all times

? Burn or bury waste generated in association with thisdevelopmentapproval at or on the development site; nor

? Allow waste generated in association with thisdevelopment approval to burn or be burnt or buried at oron the development site; nor

? Stockpile any waste on the developmentsite.

3.4 The holder of this development approval must not: During constructionphase

? Release stormwater runoff into a roadside gutter/swale,stormwater drain or water that results in a build-up ofsand, silt or mud in the gutter, drain or water; or

? Deposit sand, silt or mud in a roadside gutter,stormwater drain or water; or in a place where it couldreasonably be expected to move or be washed into aroadside gutter/swale, stormwater drain or water andresult in a build-up of sand, silt or mud in the gutter, drainor water.

SCHE DULE 4 - REFERRALDepartmentof State Development, Manufacturing, Infrastructure and PlanningReferral Agency ResponsePursuant to section 62 of the Planning Act 2016, the Assessment Manager must, other than tothe extent a referral agency's response provide advice, comply with all the referral agencyresponses and include conditions exactly as stated in the referral agency's response.

The Department of State Development, Manufacturing, Infrastructure and Planning, as aReferral Agency has assessed the impact of the proposed development as part of the subjectsite was designated for infrastructuredevelopment. Under section 56(1)(a) of the Planning Act2016, the Department advices it has no requirements relating to the development as it will notadversely impact on matters of state-interest, being the infrastructure designation.

The Referral Agency response dated 16 January 2019 and referenced as 1901-9157 SRA hasbeen provided as Attachment 3.

SCHEDULE5-REFERRALPowerlink QueenslandReferral Agency (Advice) ResponsePursuant to section 62 of the Planning Act 2016, the Assessment Manager must, other than tothe extent a referral agency's response provide advice, comply with all the referral agency

responsesand include conditionsexactly as stated in the referral agency's response.

Powerlink Queensland, as a Referral Agency (Advice) has assessed the impact of the proposeddevelopment regarding a transmission entity easement which is part of the transmission supplynetwork and supports the application and requires the inclusion of conditions in Schedules ofApproval for the development approval.

The ReferralAgency (Advice) response and conditions dated 29 November 2018 and referencedas DA3140 has been provided as Attachment 4.

SCHEDULE6-REFERRALEnergexReferral Agency (Advice) ResponsePursuant to section 62 of the Planning Act 2016, the Assessment Manager must, other than tothe extent a referral agency's response provide advice, comply with all the referral agencyresponses and include conditions exactly as stated in the referral agency's response.

Energex, as a Referral Agency (Advice) has assessed the impact of the proposed developmentregarding a transmission entity easement which is part of the transmission supply network andsupports the application and requires the inclusion of conditions in Schedules of Approval for thedevelopment approval.

The Referral Agency (Advice) response and conditionsdated 7 March 2019 and referenced asHBD 6496045 has been provided as Attachment 5.

SCHEDULE 7 - ADVICEAssessmentManagerThis approval has effect in accordance with the provisions of section 71 of the PlanningAct2016. (A copy ofsection 71 will be enclosed with the DecisionNoticef

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval will lapse if thefirst change of the use under the approval does not start within the 'currency period' - being six(6) years starting the day the approval takes effect.

The applicant may make representations (change representations) about a matter in thisdevelopment application within the applicant's appeal period under the process established in

chapter 3, part 5, subdivision 1 of the Planning Act 2016.

The PlanningAct 2016 provides for a person to make a change to this development applicationoutside the applicant's appeal period, following the process outlined in chapter 3, part 5,

subdivision 2 of the Act.

Separate development approval is required for any building work and plumbing/drainage worknecessitated by the conditions contained in this approval.

Dust pollution arising from the construction and maintenance of the works required by thisapproval are the applicant'sresponsibility. The applicant must comply with any lawful instructionfrom Council's Operations department if in Council's opinion a dust nuisance exists.

The rights of applicants to appeal to a tribunal or the Planning and Environment Court againstdecisions about a development application are set out in chapter 6, part 1 of the Planning Act2016. For particular applications, there may also be a right to make an application for adeclaration by a tribunal (see chapter 6, part 2 of the PlanningAct 2016).

Landowners are responsible for the construction and maintenance of any vehicular access forthe property, from the road carriageway to property boundary in accordance with Council'sstandards.

This development approval is for the proposed development only. Any additionaluses/structures, if triggers assessable development, may require their own planning approvaland will be assessed on its own merits

Attachments for the Decision Notice include:? Site plan, Prepared by the Applicant, Council reference as DA18161 - Attachment 1,

Received by Council on 4 March 2019, Additional informationadded by Council.? Layout Plan, Prepared and Signed by R. Nancarrow, Drawing No. STOO180003-3,

Dated 7 March 2018.

This completes the report for DA18161.

DA18161 - Attachment 1

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excess of 15m from allother boundaries

DA18161 - Attachment 2

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RA9-N DA18161 - Attachment 3

QueenslandGovernment

Departmentof

StateDevelopment,Manufacturing,infrastructureand Planning

Our reference: 1901-9157 SRAYour reference: DA18161

16 January 2019

The Chief ExecutiveOfficerSomersetRegionalCouncilPO Box 117ESK Old 4312mail@somerset.qld.gov.au

Attention: Mr Ryan Cheng

Dear Mr Cheng

Referral agency response-no requirements(Given under section 56 of the Planning Act 2016)

The development application described below was properly referred to the Department of StateDevelopment, Manufacturing,Infrastructureand Planning on 14 January2019.

Applicantdetails

Applicant name: Western Downs Irrigation and Building Supplies

Applicant contactdetails: 80-82 Warrego HighwayChinchillaQLD 4413tony@westerndownsibs.net

Location details

Streetaddress: 400 PostmansTrack, Minden

Real property description: Lot 40 on RP32355

Local governmentarea: SomersetRegional Council

Applicationdetails

Development permit Material changeof use for a secondary dwelling

Referral triggersThe developmentapplication was referred to the department under the following provisionsef the

Planning Regulation 2017:

? Schedule 10, Part 9, Infrastructure- designatedpremisesDivision 1, Table 1,

Item 1

South East Queensland(West)regional officeLevel 4. 117 Brisbane Street, 1pswich

Page 1 of 2 PO Box 129, Ipswich QLD 4305

1901-9157 SRA

No requirementsUndersection 56(1)(a)of the PlanningAct 2016, the departmentadvises it has no requirementsrelatingto the application.

A copy of this response has been sent to the applicant for their information.

For further information please contact Alana Richardson, BusinessSupportOfficer,on 3432 2413 or viaemail IpswichSARA@dsdmip.qld.gov.auwho will be pleased to assist.

Yours sincerely

Ursula McInnesPlanning Manager

cc Western Downs Irrigationand BuildingSupplies,tony@westerndownsibs.net

Departmentof State Development, Manufacturing,Infrastructureand Planning Page 2 of 2

DA18161 - Attachment 4

29 November2018 Our Ref: DA3140

Chief ExecutiveOfficerWestern Downs IBS SomersetRegionalCouncil80-82 Warrego Highway PO Box 117

CHINCHILLA QLD 4413 ESK QLD 4312

Attention: Tony Kusters Attention: Ryan Cheng

Via Email: tony@westerndownsibs.net Via Email: mail@somerset.gid.aov.au

Ref: STOO 180003 Ref: DA18161

Dear Mr Kusters,

Referral AgencyResponse (Advice)(Given under section 9.2 of the DevelopmentAssessment Rules)

Transmission Infrastructure ImpactedTransmissionCorridor Abermain-Postmans Ridge 110 kV (Joint)TransmissionLine

CorridorEasementID Easements B on RP152015 Dealing No. 602186717

Location DetailsStreet address 400 Postmans Track, MindenReal property description Lot 40 on RP32355Local governmentarea Somerset RegionalCouncil

Application DetailsProposed.development: Material Change of Use- Dwelling House (SecondDwelling)Approvalsought Development Permit

We refer to the above referenced development application which has been referred to PowerlinkQueensland in accordance with Section54 of the Planning Act 2016.

In accordance with its jurisdiction under Schedule 10 Part 9 Division 2 of the Planning Regulation 2016,Powerlink Queensland is a Referral Agency (Advice) for the above development application.

We advise this transmission line corridor is a joint asset between Energex and Powerlink and thereforeEnergex must also be afforded the opportunity to respond as a Referral Agency (Advice) for the

abovementioned development.

Specifically, the application has been triggered for assessmentby Powerlink Queensland because:

1. For material change of use - all or part of the premises are subject to a transmission entityeasementwhich is part of the transmissionsupply network (Table 2 1b)

33 Harold Street,Virginia

PO Box 1193,Virginia,Queensland4014,Australia

Telephone:(07)3860 2111Facsimite: (07)3860 2I00

www.powerlink.com.au

PowerlinkQueenslandis the registered business nameof theQueenslandBactricityTransmissionCorporationumited

ABN 82 078 849 233

DA3140

PLANSANDREPORTSASSESSED

The following plans and reports have been reviewed by Powerlink Queensland and form the basis of our

assessment. Any variation to these plans and reports may requireamendmentof our advice.

Table 1: Plans and Reports upon which the assessment is based

Document Submitted byUndated Sketch Plan Tony Kusters

PowerlinkQueensland,acting as a Referral Agency (Advice) underthe Planning Regulation2017

provides its responseto the applicationas attached (Attachment 1).

Pleasetreat this response as a properly made submission for the purposes of Powerlink being an eligible

advice agency in accordancewith the Planning Act 2016.

For further informationplease contact Kerrie Guyatt, Property Services Advisor, on (07) 3866 1313 or viaemail property@powerlink.com.auwho will be pleased to assist.

Yours sincerely

Brandon KingwillMANAGER PROPERTY

Page 2 of 7

DA3140

ATTACHMENT 1- REFERRAL AGENCY (ADVICE) RESPONSE

PowerlinkQueensland supports this applicationsubject to the inclusion of the following conditions in the·Assessment Manager's Decision Notice.

No. Condition Timing Reason

1 Compliance with the terms and conditions At all times. To ensure that the existingof the easement dealing no's. shown in the rights contained in theheading of this letter registered easement dealings

are maintained.2 Compliance with the generic requirements At all times. To ensure that the purposeofin respect to proposed works in the vicinitY the Electrical Safety Act 2002

of Powerlink Queensland infrastructureas is achievedand electricaidetailed in the enclosed Annexure "A". safety requirements are met.

To ensure the integrity of theeasement is maintained.

3 The development must be carried out At all times. To ensure that thegenerally in accordancewith the reviewed development is carriedoutplans details in Table 1. generally in accordancewith

the plans of developmentsubmitted with the application

4 The statutory clearanceset the Electrical At all times. To ensure that the purpose ofSafetyRegulation2013 must be maintained the ElectricalSafety Act 2002during construction and operation. No is achievedand electricalencroachmentwithin the statutory safety requirements are met.clearances is permitted.

Advice to Counciland the Applicant

1. We draw your attentionto the obligationsand requirements of the Electrical SafetyAct 2002

and the safety exclusions zones prescribed by the ElectricitySafety Regulations2013 abasedonthe voltage of the transmission lines.

In respect to this application the exclusionzone for untrained persons and for operating plantoperatedby untrained persons is 3 meters from the 110,000-voltwires and exposed electricalparts.

Should any doubt exist in maintainingthe prescribed clearance to the conductors and electricalinfrastructure,then the applicant is obliged under this Act to seek advice from PowerlinkQueensland.

2. In order for Powerlink Queensland to maintain and operate a safe and reliable supply ofelectricity,we require unrestricted24.hour access to our infrastructureand access arrangements.

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DA3140

ATTACHMENT2- ASSESSEDPLANS

L l+o

Page 4 of 7

DA3140

ANNEXUREA - GENERIC REQUIREMENTS

The conditions contained in this Annexure have been compiled to assist persons (theapplicant) intending to undertake work within the vicinity of high-voltage electricalinstallations and infrastructure owned or operated by Powerlink. The conditions aresupplementary to the provisions of the Electrical Safety Act 2002, Electrical SafetyRegulation 2013 and the Terms and Conditionsof Registered Easementsand otherformsof Occupational Agreements hereinafter collectively referred to as the "Easement".Where any inconsistency exists between this Annexure and the Easement,the Easementshall take precedence.

1. POWERLINK INFRASTRUCTUREYou may not do any act or thing which jeopardises the foundations,ground anchorages,supports, towers or poles, including (without limitation) inundate or place, excavate orremove any soil, sand or gravel within a distance of twenty (20) metres surroundingthebase of any tower, pole, foundation,ground anchorage or support.

2. STRUCTURESNo structures should be placed within twenty (20) metres of any part of a tower or structurefoundation or within 5m of the conductor shadow area. Any structures on the easementrequire priorwritten consentfrom Powerlink.

3. EXCLUSION ZONESExclusion zones for operating plant are defined in Schedule 2 of the Electrical SafetyRegulation 2013 for Untrained Persons. All Powerlinkinfrastructureshould be regarded as"electricallylive" and therefore potentiallydangerousat all times.

In particularyour attention is drawn to Schedule2 of the Electrical Safety Regulation 2013which defines exclusion zones for untrained persons in charge of operating plant orequipment in the vicinityof electrical facilities. If any doubt exists in meeting the prescribedclearance distances from the conductors, the applicant is obliged under this Act to seekadvice from Powerlink.

4. ACCESSANDEGRESSPowerlinkshall at all times retain the right to unobstructed access to and egress from itsinfrastructure. Typically, access shall be by 4WD vehicle.

5. APPROVALS (ADDITIONAL)Powerlink'sconsent to the proposal does not relieve the applicant from obtaining statutory,landowneror shire/local authority approvals.

6. MACHINERYAll mechanicalequipmentproposed for use within the easementmust not infringe theexclusion zones prescribed in Schedule2 of the Electrical Safety Regulation 2013. All

operatorsof machinery, plant or equipmentwithin the easementmust be made aware ofthe presence of live high-voltageoverhead wires. It is recommended that all personsentering the Easement be advised of the presence of the conductors as part of on siteworkplacesafety inductions. The use of warning signs is also recommended.

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DA3140

7. EASEMENTSAll terms and conditionsof the easementare to be observed. Note that the easement takesprecedence over all subsequentregistered easementdocuments. Copies of the easementtogether with the plan of the Easement can be purchased from the Department ofEnvironment& Resource Management.

8. EXPENDITURE AND COST RECOVERYShould Powerlink incur costs as a result of the applicant's proposal, all costs shall be

recoveredfrom the applicant.

Where Powerlink expects such costs to be in excess of $10 000.00, advanced paymentsmay be requested.

9. EXPLOSIVESBlasting within the vicinity (500 metres) of Powerlink infrastructuremust comply with AS2187. Proposed blasting within 100 metres of Powerlinkinfrastructuremust be referred toPowerlinkfor a detailed assessment.

10. BURNING OFF OR THE LIGHTING OF FIRESWe stronglyrecommend that fires not be lit or permitted to burn within the transmissionline

corridorand in the vicinityof any electrical infrastructure placed on the land. Due to safetyrisks Powerlink'swritten approval should be sort.

11. GROUNDLEVEL VARIATIONS

OverheadConductorsChanges in ground level must not reduce statutory ground to conductor clearancedistances as prescribed by the Electrical Safety Act 2002 and the Electrical SafetyRegulation2013.

Underground.CablesAny change to the ground level above installed undergroundcable is not permitted withoutexpress written agreementof Powerlink.

12. VEGETATION

Vegetation planted within an easement must not exceed 3.5 metres in height when fullymatured. Powerlinkreserves the right to removevegetationto ensure the safe operationofthe transmission line and, where necessary, to maintain access to infrastructure.

13. INDEMNITY

Any use of the Easement by the applicant in a way which is not permitted under theeasementand which is not strictly in accordancewith Powerlink's priorwritten approval is

an unauthorised use. Powerlink is not liable for personal injuryor death or for property loss

or damage resulting from unauthorizeduse, if other parties make damage claims againstPowerlinkas a resultof unauthorizeduse then Powerlink reserves the right to recover thosedamages from the applicant.

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DA3140

14. INTERFERENCEThe applicant's attention is drawn to s.230 of the Electricity Act 1994 (the "Act"), whichprovides that a person must not wilfully, and unlawfully interfere with an electricityentity'sworks. "Works" are defined in s.12 (1) of the Act. The maximumpenaltyfor breach of s.230of the Act is a fine equal to 40 penaltyunits or up to 6 months imprisonment.

15. REMEDIALACTIONShould remedial action be necessary by Powerlink as a result of the proposal, theapplicantwill be liable for all costs incurred.

16. OWNERS USE OF LANDThe owner may use the easement land for any lawful purposeconsistent with the terms ofthe registered easement; the conditionscontained herein, the Electrical Safety Act 2002and the Electrical Safety Regulation 2013.

17. ELECTRICAND MAGNETICFIELDS

Electric and Magnetic Fields (EMF)occureverywhereelectricity is used (e.g. In homesand offices) as well as where electricity is transported(electricity networks).

Powerlink recognisesthat there is community interest about Electric and MagneticFields. Werely on expert advice on this matterfrom recognised health authorities in Australiaand aroundthe world. In Australia, the Federal Government agencychargedwith responsibilityforregulation of EMFs is the Australian Radiation Protection and Nuclear Safety Agency(ARPANSA). ARPANSA's Fact Sheet - Magneticand ElectricFields from PowerLines,

concludes:

"On balance, the scientific evidencedoes not indicatethat exposure to 50Hz EMF's found

around the home, the office or nearpowerlinesis a hazard to human health."

Whilst there is no scientificallyproven causal link between EMF and human health, Powerlink

nevertheless follows an approachof "prudentavoidance"inthe design and siting of newpowerlines. This includesseeking to locate new powerline easements away from houses,

schools and other buildings, where it is practical to do so and the added cost is modest.

The level of EMF decreases rapidly with distance from the source. EMF readingsat the edge ofa typical Powerlinkeasement are generally similar to those encounteredby people in their daily

activities at home or at work. And in the case of most Powerlinklines, at about 100 metres from

the line, the EMF level is so small that it cannot be measured.

Powerlink is a memberof the ENA's EMF Committeethat monitors and compilesup-to-dateinformation about EMF on behalf of all electricitynetwork businesses in Australia.This includes

subscribingto an internationalmonitoring service that keeps the industry informed about anynew developmentsregarding EMF such as new research studies, literature and researchreviews, publications, and conferences.

We encouragecommunitymembers with an interest in EMF to visit ARPANSA'swebsite:www.arpansa.aov.auInformation on EMF is also available on the ENA's website:www.ena.asn.au

Page 7 of 7

7March2019 DA18161 - Attachment 5

energexTony KustersVia email: tonv@westerndownsibs.net pOSltiVO energy

cc Somerset Regional CouncilVia email: mail@somerset.qld.pov.au

Attention: Ryan Cheng

Dear Tony,

DevelopmentApplication .-. Material Change of Use for Dwelling House(Secondary Dwelling) located at 400 Postmans Track, Minden,described as Lot 40 on RP32355.Applicant Ref: -Council Ref: DA18161Our Ref: HBD 6496045

We refer to the above referenced DevelopmentApplicationwhich has been

referred to EnergexLimited in accordancewith the PlanningAct 2016.

In accordance with Schedule 10, Part 9, Division 2 of the PlanningRegulation2017, the application has been assessed against the purposesof p /the ElectricityAct 1994 and Electrical Safety Act 2002. The below responseis provided in accordancewith section 56(1)of the PlanningAct 2016.

Q U A L I T YMANAGEMENT

Should the Assessment Manager decide to approve the proposedMaterial Change of Use for Dwelling House (Secondary Dwelling), as an ..Advice Agency for the Application, Energex requires that the assessmentmanager impose the following conditions: pnone

(07) 3664 5057

CONDITION TIMING 7°9829

Email1. This application is approved in accordance with the angela.conins@

attached referenced plan. Any alterationsto this plan eneroya com au

before the development application is decided mustto be resubmitted to Energex for comment ° °

2. All easement conditions must be maintained. At all times Po ao e

BrisbaneOld 4001

3. The landowner is required to engage a registered Priortothe Telephone (o7)36s44000

surveyor to peg the boundaries of the secondary commencement Facsimile (07)30258301

dwelling to ensure construction occurs outside of the of works www·®"®'ge×·°°m.au

Energexeasementcorridor. EnergexLimitedABN 40 078 849 055

Reference: HBD 6496045

2

We tell the Council to treat this response as a properly made submission.

Should you require any further information on the above matter, please contactAngelaCollins on (07) 3664 5057.

Yours faithfully,

Angela CollinsTown Planner

Reference: HBD 6496045

Did you know Energex has a referralwebsite?https://www.energex.com.au/home/our-services/connections/development-application-referrals