In the Pi~nning and Environment CourtHeld at: BrisbaneBetween: !I MACKAY PROPERTY INVESTMENTS

PTY LTD (ACN 121 566 532)

And; MACKAY REGIONAL COUNCIL

No 3915-13

Appellant

Respondent

Before:

Date of Hearing:

Date of Judgment:

JUDGMENT

His Honour Judge ,~,~Z;~,~,~,~

2 May 2014

2 May 2014

UPON THE COURT BEING SATISFIED THAT: -

1, There has been compliance with Chapter 6, Part 4, Division 2 of theSustainable Planning Act 2009 with respect to Public Notification.

Pursuant to section 497 of the Sustainable Planning Act 2009, there aresufficient grounds to ex~end the time for giving the submitters the decisionnotice of the Respondent, the subject of the notice of appeal and givingthe notice of appeal to the submitters.

3. Subject to paragraph 2 above, there has been compliance with therequirements of the Sustainable Planning Act 2009 with respect to the

. giving of Notice of the Appeal.

4. The changes to the development application identified in the Affidavit ofBarwon Robert Gooch filed 28 April 2014 are minor changes for thepurpose of section 350 of the Sustainable Planning Act 2009.

IT IS ORDERED THAT:

The time for giving the decision notice of the Respondent, the subject ofthe notice of appeal and the notice of the appeal to submitters isextended to 29 April 2014.

¢l,l"~e~,,~_n behalf of the AppellantMACROSSAN & AMIET,Solicitors,55 Gordon Street,MACKAY. QLD. 4740Telephone: (07) 4944 2000Facsimile: (07) 4957 3346Re f: SGN:SSH:2133878(C:\Users\sue.WWC~AppData\Local\Tem p\LEAP~Cu\Dralt Consent Order.dee)

IT IS FURTHER ORDERED THAT:

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The Appeal be allowed.

The development application be approved subject to the conditionsannexed hereto and marked "Annexure A", comprising 8 pages ofconditions and 12 pages of approved plans.

There be no order asto costs of this proceeding

Filed on

Filed by:Service address:Phone:Fax:Email:

The AppellantPO Box 76, Mackay QLD 474007 4944 200007 4957 3346snaylor@macamiet.com.au

ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2013-139Decision Date:

1. Plan of Development

The approved Health Care Centre and Undefined Use (Gym) development must becompleted and maintained generally in accordance with the Plan of Development(identified in the Table below) and supporting documentation which forms part of thisapplication, except as otherwise specified by any condition of this approval.

Drawing Title Sheet ISSUe Prepared by DateNumber Number Number

11-4010 Site Plan 1 ofll Z8 Burleigh Design 21/02/1411-4010 Site Layout Plan 2ofll Z8 Burleigh Design 21/02/1411-4010 Building 1 Floor Plan 3ofll Z8 Burleigh Design 21/02/1411-4010 Building 1 Elevations 4ofll Z8 Burleigh Design 21/02/1411-4010 Building 2 Elevations 5ofll Z8 Burleigh Design 21/02/1411-4010 Building 3 Elevations 6ofll Z8 Burleigh Design 21/02/1411-4010 Roof Plans 7-of 11 Z8 Burleigh Design 21/02/14

’11-4010 Vehicle Manoeuvres 8ofll Z8 Burleigh Design 21/02/1411-4010 impervious Area 9ofll Z8 Burleigh Design 21/02/1411-4010 Perspectives 10 ofll Z8. Burleigh Design 21/02/14

2. Amended Plan Required

Prior to lodgement of Operational Works application the approved plans ofdevelopment must be amended to comply with the following matters:

a. Location of any fire fighting equipment such as water tanks or pumps etc.b. Tandem staff parking at building 1 is to bedeleted.c. Car parking dimensions areto be in accordance with the Australian

Standardd. Carpaddsharad Space must be deleted to allow for vehicle manoeuvring at

the exit of the drive thru.e. Identify a pedestrian or loading access point to Building 1.f. The free standing advertising sign height must be outside the required 2m

wide landscaping strip at Centurion Drive.

3. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for theapproved use, unless specified in an individual condition.

4. Maintenance of Development

Maintdlai:t,~e approved development (nclud ng andscaping, carparking dr vewaysand oih~r,’\~external spaces) in accordance with the approved drawing(e) and/ord0cume,htSltand any relevant Council engineer ng or other approval required by the

i, conditioh~ij’,/

5., ,,~£nfli£t ldetween plans and written conditions

Page 1 of 8

ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2013-139Decision Date:

Whore a discrepancy or conflict exists between the writtan condition(s) of theapproval and the approved plans, the requirements of the written condition(s) willprevail.

Notice of Intention to Commence the Use

Prior to the commencement of the use on the site, written notice must be given toCouncil that the use (development and l or works) fully complies with the decisionnotice issued in respeat of the use (please see attached notice for your completion).

Waste Storage Area

The location and design of the waste storage area.must be located so as not tocause a nuisance to nelghbouring properties in accordance with the relevantprovisions of the Environmenlal Protection ACt and Regulalions.

The developer shall make satisfaotoi’y, arrangements with’C.ouncils Wasle ServicesSection regarding the provision of refuse collection services to’the development.

Aesthetic Screening .. ..... -. ..

The outdoor storage of any equipment or mate.ria ’ and any sewic~. ~rea must beaesthetically screened so as n#tto be visible from any road to which the site hasfrontage.

Minimum Car Parking Spaces

The car parking area must be constructed, scaled, line marked and drained includingcar parking spaces for I~eople with disabilities in accordance with the approved planand maintained.thereaftob. ’

¯ Health Care Centre-’4 ~pa~es per. consulting room, plus 1 bicycle parkingspace per 12 employees

¯ Undefined’Use (Gym).- "1 spa~e per 15m2 GFA’~ Catering Shop - 1 space.per 15m2 GFA, plus 1 space per 50m2 GFA for any

outdoor dinirig a[ea associated with the premises.¯ General Industry’- t space per200m2 GFA

Car parking spaces for people with disabilities must be provided as close aspracticable to a suitable entrance of the building and must be clearly marked with asign to indicate that the space(s) must only be utilised by people with disabilities.

The car parking is to be designed in accordance with Australian Standard AS-NZS2890.1 - 2004 and AS-NZS2890.6 - 2009.

10. Scale of the Health Care Centre

The maximum Gross Floor Area of the Health Care Centre must not exceed 83m2GFA and 4 consulting rooms as shown in the plan of development,

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ASSESSMENT MANAGER CONDITIONS

Appllcatlon Number:. DA-2013-139Decision Date;

1 I, Gym - No classes

C]asses/ Boot Camps are not permitted except personal training is permittedprovided the total number of persons undertaking a personal training session is amaximum of three (3) per personal trainer between the hours of 6.30am to 9,00am,12 noon to 2.00pro and 4.30pro to 7.00pro Monday to Friday and 6.30am to 12 noonSaturday. No such limitation will apply for individuals attending the gym end notparticipating in a class / boot camp.

12. Electricity and Telecommunications Services

The approved development must be provided with qlectr~city and telecommunicationsinfrastructure,

13, Landscape Plan Required

A detailed site and footpath landscaping, plan must be’prepared by a qualifiedLandscape Designer and must be st)bmitted with an Operatibn!al Works applicationunless already approved as part of other related approvals’or already installed aspart of other related approvals (DA-2012-79 or DA~20.12-316). The pIen must showfor all areas identified on the-approved plan of developrsent the following:

¯ Two (2) metre Landscaping along CenturionDrive excluding driveways¯ A minimum of 7.5% landscaping total onsite exbluding image corridor¯ Landscape specification of’sufficient detail so that landscape works are to be

carried out;¯ Plant soheduledetalllng nus]ber, of plants, species, pot size and height at

planting; .Details of sol] and mlutch types,.in’cludlng depths, areas ol’ turf, garden edgesand paving finishes;

,, the details of t.he Irrigation e£stem.

Any proposed landscaped Works within Council’s Road Resewe must comply withPlanning Scheme Policy No.!1 - Landscaping,

14. Completion of Landscaping

All of the landscaping works shown on the approved plan must be completed beforethe development is occupied.

15. Protection of Landscape Areas from Carparking

The landscaped areas adjoining the car parking area must be protected fromvehicles by a 125 mm high vertical concrete kerb or similar obstruction.

16. Advedislng Sign Approval

Pase 3 of 8

ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2013-139Decision Date;

No advertising sign or advertising device must be emoted without Council approval,A separate application to Council under Subordinate Local Law 1.4- will be required tobe made to seek approval of the signage/advertising device.

17. Parking Signs

A sign/signs to the satisfaction of the Council must be provided directing drivers tothe area(s) set aside for car parking and must be located and maintalned to thesatisfaction of the council. The area of each sign must not exceed 0.3 ms.

18. Loading/Unloading

The loading and unloading of vehicles and tlie .delivery of goods to and from thepremises must at all times be under{akFn entirely within’the site and be so conductedas to cause minimum interference with .other,vehicular traffic.

19. Use of Carparking areas

The areas set aside for pa~king, vehicle manoeu~dng and loading a0d unloading,must net be used for the storage or placement of goods or materials. ¯

20. Lighting of Carparking Areas "

install and maintain.a’suitable system of lighting to Illumiriate carparking areas. Thecarperk lighting-system and any othsr outdoor lighting, must comply with AustralianStandard no. AS4282 - Control of th~ Obtrusive Effects of Outdoor Lighting,

21. Invert Crossing

An Invert crossing for ac(~ess to Centurion Ddve must be constructed in accordancewith Council’s S~and,ard Drawing A3-773, and generally in accordance with BurleighDesign Drawing No, 1-1-4010, Sheet 1, Issue Z 8.

22. Damage

Any damage which is .caused to Council’s infrastructure as a result of the proposeddevelopment rnust be repaired immediately.

23, Compliance with Council Standards

All design and construction for the development must be in accordance with Council’sPolicies, Engineering Design Guidelines, Standard drawings and standardconstruction specifications,

24. Stormwater Drainage

Stormwater from the site (including roofwater) shall be collecled within the propertyboundaries and discharged via an underground system to Council’s stermwater

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ASSESSMENT MANAGER CONDITIONS

App~cation Number: DA-2013-139Decision Date:

system. The stormwater discharge point is the existing Roofwater Structure RW1/24,as shown on attached Drawing No. R6041-1-102,

25. Pending and Diversion of Stormwater

Pending of stormwater resulting from the development must not occur on adjacentsites and etormwatar formerly flowing onto the site must not be dlveded onto othersites. The site shall be graded so that it Is free draining.

26. Site Based Stormwater Management Plan - High Risk

27.

28.

Council’s Stermwater Quality Risk Classification has classified this development as’High Risk’ as defined Mackay City Council’s Engineering Design Guidelines - Soiland Water Quality Management - Planning Scheme I%licy No.15.07.

The SBSMP must be submitted to Coundl for approval at the time of submission ofthe Operational Works Application, Assessment of.. 5thpr components of theOperational Works Application cannot be. finalised until the SBSMP is approved first.If provided, Stormwater Quali~ improvement Devices must be located within the siteand must be of a private nature.

Alternatively, provide a bio-retentlon basid ~vith’a minimum filtration ar~a of 158m2,with a filter depth of 400mm. In &scordanca with attached Drawing No, R6041-SK20.A maintenance plan must be submi!ted for the bio-~:et~ntion basin.

Direct Pumping From Reticulation System (Break Tanks) ".

Pumping direct from Council water mai.ns .for potable or fire fighting supply is notpermitted, if required, break tanks shall be installed’in accordance with Council’sWater and Waste Services Department and Fire Authority requirements.

Existing Services - V~later and’Sexier

The proposed de~elopment’must connect to the existing reticulated water end sewerservices provided to’.t~e subject site. No new connections to Council’s infrastruslureare permitted.

29. Water Metering

The developer is responsible for the Installatton of sub-meters, master meters, AMRtechnology hardware, meter cupboards and the supply of all equipment and materialsto the satisfaction of Mackay Regional Council.

individual meters (Sub-meters) must be installed to each meterable premises. AMaster Meter must be installed at the common entry point Into the development.

30. Live Connections

Council’s Water and Waste Services Department is to carry out all water connectionand live sewer work at the developer’s expense.

31. Floor Level

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ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2013-t39Decision Date:

The minimum floor level of lhe proposed development must be the higher¯ 300ram above the top of kerb¯ 300ram above the crown of the road¯ 225mm above ground level¯ a level which allows lhe connection of all sanita[y fixtures to the designated

sewer connection point by means of esni[aGt drainege which complies withAS3500

32. Street Tree

A street tree is located in conflict with the proposed invert srossing onto CenturionDrive. The street tree may be removed and no replacement tree Is required,

ASSESSMENT MANAGER’6 ADVICE

1. Car parking Spaces

Council prefers one of the car parking spaces.for people with disal~ilities to be locatedclose to the gym

Council gives discretion to allow a -reduction in the number of 0arparks required to thesite by 3 parks. The following layout in Sketch 1 is provided as a recommendedrevised layout, it includes.

¯ ]-he removal of 3"carparks. ’¯ An increase in the width of the.drive thru exit, to provide sufficient olearance

from Carpark 22~ i~cibdin9 a cori~rete hardstand area with barrier kerb.,, q~he relocation of the Disabled Park and shared zone. The shared zone will

also ser~e as an.access point .to Building 1 for pedestrians and for stafftransporting.loads from the HRV/Loadin9 bay.

Note: minor adjiJstments would be required |o the alignment of the parks dueto the standard.~idth requirements of the shared zona,

Previous developmer~t’a~pmva

This development approval supersedes the previous layout and Mackay RegionalCouncil preferred they amend those development approvals to be consistent withthis,

Local Laws

The approved development must also comply with Council’s current Local Lawsunder the Locel Government Act 2009.

Hours of Work

Page 6 of 8

ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2013-’139Decision Date:

tt is the applicant]owner’s responsibility to ensure complianc~ with Section 440R ofthe Environmental Protection Act "1994, which prahibits any construotion, building andearthworks activities likely to cause audible noise (including the entry and departureof heavy vehicles) between the hours of 6:30pm and 6:30am from Monday toSaturday and at all times on Sundays or Public Holidays.

6. Dust Control

It is Ihe applicant]owner’s responsibility to ensure complianCe with Section 319General Environmental Duty of the Environmental Protection Act 199~., whichprohibits unlawful environmental nuisance caused by duel, ash, fumes, light, odour orsmoke beyond the boundaries of the property during all stages of the developmentincluding earthworks and construction.

7. Sedimentation Control

I[ is the applioanf]owner’a responsibi!lty to .ensure compliar~oe ’,yllh Chapter 8, Part 3Cof the Environmental Protection Act"199#, to prevent soil erosion ~.nd contamination ofthe stormwater drainage system and Waterways.

Noise During Conetruction.a~d Noise tn Get, oral

It is the applicant!owner’s responsibility.to ensure’ c0mpiiance with Chapter 8, Partof the Environmental Protection Act 199~.. .."

General Safety of Publi~ During (~on’structton

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2)Work Health and Safe.ty ,~,~t 2011. Seclion 19 (2) states that a person conducting abusiness or undertaking rnu~t ensure that the health and safety of other persons isnot put at r~sk from wo~:k carried out as part of the conduct of the business orundertaking.

It is the.responslbilii9 of-the p~rson in control of the workplace to ensure compliancewith Section 20 (2) of-the Work Health and Safety Act 2011. Sections 20 (2) statesthat the pe~son in contrql oi’ the workplace is obliged to ensure that the means ofentering and ~xiSng the workplace and anything arising from the workpla~ arewithout riske to the--health and safety of any person.

10. Contaminated Land

It Is strictly the applicant]owner’s responsibility to source information regardingcontaminated land from the Department of Environment and Resour~ Management,Contaminated Land Section as Council has not conducted detailed studies and doesnot hold detailed information pertaining to contamlnatad land.

11. Adopted Infrastructure Charges Notice

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ASSESSMENT MANAGER CONDITIONS

Application Number: DA=20"(3-139Decision Date’.

Pursuant to the Sustainable Planning Act 2009 and the Draft State Planning ¯Regulatory Provision (adopted charges) an Adopted Infrastructure Charges Noticerelates to this Development Permit, and accompanies this notice.

Prior to making payment please contact Mackay Regional Council, DevelopmentServices, Business Support Unit to establish if any Development Incentive Policiesapply to the development at the time of the payment will be made.

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