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Planning Committee

Meeting Minutes

Committee Room, Bundaberg

24 November 2015

11.20 am

Present: Cr M Forman (Mayor), Cr DJ Batt (Deputy Mayor), Cr AG Bush, Cr AL Ricciardi, Cr WA Honor, Cr VJ Habermann OAM, Cr GR Barnes, Cr CR Sommerfeld (Chairman), Cr JA Peters and Cr LG Forgan. Apology: An apology was received from Cr DE Rowleson who was absent with leave. Officers: Mr PJ Byrne, Chief Executive Officer Mr AW Fulton, General Manager Infrastructure & Planning Services Mr R Jenner, Development Assessment Manager Mr A Johnston, Senior Development Engineer Miss NK Launchbury, Senior Executive Assistant Mrs WE Saunders, Executive Services Co-ordinator

Minutes of Planning Committee Meeting

Meeting held: 24 November 2015

Minutes 24 November 2015

Item Number:

B1

File Number:

Part:

Minutes

Subject:

Confirmation of Minutes

Resolution Cr AL Ricciardi moved:- That the minutes of the Planning Committee Meeting held on 13 October 2015 be taken as read and confirmed. Seconded by Cr JA Peters - and carried unanimously without debate.




Item Number:

L1

File Number:

329.2015.892.1

Part:

DEVELOPMENT ASSESSMENT

Portfolio:

Infrastructure & Planning Services

Subject:

Continuation of Aldi Access Road from Greathead Road

At the request of the Chairman, the Senior Development Engineer addressed the meeting on the report.

Resolution Cr JA Peters moved:- That the road between Greathead Road and the boundary of Lot 900 on SP261837 fronting the Masters development site be named Santalucia Boulevard. Seconded by Cr M Forman. The Motion on being put - was carried unanimously.




Item Number:

L2

File Number:

322.2015.43537.1

Part:


Portfolio:


Subject:

184 Barolin Street, 227 and 229 Targo Street and 6 Sims Road, Walkervale - Material Change of Use for Community Activity (Extension to Community Centre)

Summary:

APPLICATION NO 322.2015.43537.1

PROPOSAL Material Change of Use for Community Activity (Extension to Community Centre)

APPLICANT Indigenous Wellbeing Centre

OWNER Indigenous Wellbeing Centre Limited

PROPERTY DESCRIPTION Lot 1 RP68000, Lot 6 on RP70494 and Lot 1 and 2 RP79007

ADDRESS 184 Barolin Street, 227 and 229 Targo Street & 6 Sims Road, Walkervale

PLANNING SCHEME Planning Scheme for Bundaberg City

ZONING Community Facilities Zone (Local Area 6)

OVERLAYS Nil

LEVEL OF ASSESSMENT Impact Assessment

SITE AREA 7,691 m2

CURRENT USE Community Activity (Stage 1 of the IWC) and Dwelling Unit

PROPERLY MADE DATE 24 June 2015

STATUS The 40 business day decision period ended on 30 September 2015.

REFERRAL AGENCIES Nil

NO OF SUBMITTERS Three (3) Properly Made Submissions were received as a consequence of Public Notification.

PREVIOUS APPROVALS Development Application for Material Change of Use – Code Assessment – for “Community Activity” (Community Care Services Centre including Health Care, Cultural, Training and Education Purposes) conditionally approved on 23 February 2012 (application no. 322.2011.33101.1); and Development Application for Material Change of Use – Impact Assessment - for Commercial Activity “B” (Pharmacy) conditionally approved on 23 February 2012 (application no. 322.2012.35203.1).

SITE INSPECTION CONDUCTED

14 July 2015

LEVEL OF DELEGATION Level 3



At the request of the Chairman, the Development Assessment Manager addressed the meeting on the report, and the queries raised were addressed.

Resolution Cr M Forman moved:-

That Development Application 322.2015.43537.1 be determined as follows: DESCRIPTION OF PROPOSAL

Material Change of Use for Community Activity (Extension to Community Centre) SUBJECT SITE

184 Barolin Street, 227 and 229 Targo Street and 6 Sims Road, Walkervale described as Lot 1 RP68000, Lot 6 on RP70494 and Lot 1 and 2 on RP79007. DECISION

Approved in full subject to conditions The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL

The following approvals are given:

Sustainable Planning Regulation 2009, schedule 3 reference

Development Permit

Preliminary Approval

Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Deemed Approval

Section 331 of the Sustainable Planning Act 2009 (SPA) is not applicable to this decision.

2. PRELIMINARY APPROVAL AFFECTING THE PLANNING SCHEME

Not Applicable. 3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE

PERMITS

Listed below are other development permits and/or compliance permits that are necessary to allow the development to be carried out:

All Building Work



All Plumbing and Drainage Work

All Operational Work 4. CODES FOR SELF ASSESSABLE DEVELOPMENT

The following codes must be complied with for self-assessable development related to the development approved.

The relevant codes identified in the:

Planning Scheme for Bundaberg City and Associated Planning Scheme Policies

5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS

OR WORK IN RELATION TO THE DEVELOPMENT

Not Applicable 6. SUBMISSIONS

There were three (3) submissions received for the application. The name and address of the principal submitter for each properly made submission are as follows:

Name of principal submitter Address

1.Ronald James Hussey 200 Targo Street, Walkervale

2.Angelo Oliaro C/- Angelo Oliaro Town Planning

56 Honiton Street, Torquay, Harvey Bay QLD 4655

3. A and C Swanton 221 Targo Street, Bundaberg QLD 4670

7. CONFLICT WITH A RELEVANT INSTRUMENT AND REASONS FOR THE

DECISION DESPITE THE CONFLICT

The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

8. REFERRAL AGENCY

Agency Concurrence/Advice Date

Received Conditions

Yes/No

Department of Infrastructure, Local Government and Planning

Concurrence 14 July 2015 Yes

9. APPROVED PLANS

The approved plans for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

15007- Issue 5 Site Plan 19 October, 2015

15007- Issue 9 Basement Plan 19 October, 2015

15007- Issue 9 Ground Floor Plan 19 October, 2015

15007- Issue 9 Level 1 Plan 19 October, 2015

15007- Issue 8 Elevations 19 October, 2015

15007- Issue 8 Perspectives 19 October, 2015

15007- Issue 4 Shadow Study 19 October, 2015

Plan No: 1 IWC Entry/ Exit Configuration 13 November 2015



10. WHEN APPROVAL LAPSES IF DEVELOPMENT NOT STARTED

Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Not Applicable

12. CONDITIONS ABOUT INFRASTRUCTURE

The following conditions about infrastructure have been imposed under Chapter 8 of the Sustainable Planning Act 2009:

Condition/s Provision under which the Condition was imposed

11,13,14,16,17,18,19,22,24,25,31,34 and 39

Section 665 – Non-trunk Infrastructure

23 Section 646 – Identified Trunk Infrastructure

Nil Section 647 – Other Trunk Infrastructure

SCHEDULE 1 CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER

PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER General

1. Meet the full cost of all works and any other requirements associated with this development, unless specified in a particular condition.

2. Where there is any conflict between Conditions of this Decision Notice and details shown on the Approved Plans, the Conditions prevail.

3. Comply with all of the conditions of this Development Permit prior to the commencement of the use, unless otherwise stated within this notice, and maintain compliance whilst the use continues.

Amalgamation

4. Amalgamate Lots Lot 1 RP68000, Lot 6 on RP70494 and Lot 1 and 2 RP79007 into one allotment. The Plan of Subdivision providing for the amalgamation must be registered prior to commencement of the use.

Air Conditioners

5. All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages or adjoining properties.

Construction Management

6. Unless otherwise approved in writing by the Assessment Manager, do not undertake building work in a way that makes audible noise:

a. On a business day or Saturday, before 6.30 am or after 6.30 pm; or

b. On any other day, at any time.



7. Contain all litter, building waste and sediments on the building site by the use of a skip and any other reasonable means during construction to prevent release to neighbouring properties or roads.

8. Remove any spills of soil or other material from the road or gutter upon completion of each day’s work, during construction. These material spills and accumulated sediment deposits must be managed in a way that minimises environmental harm and/or damage to public and private property.

Nature and Extent of the Approved Use

9. Unless otherwise approved in writing by the Assessment Manager, the hours of the approved use are limited to:

a. Monday to Friday inclusive– 7 am to 7 pm; and

b. Saturday – 8 am to 1 pm.

10. Unless otherwise approved in writing by the Assessment Manager, all deliveries, loading/unloading activities and refuse collection are to be undertaken between the hours of 6 am to 6 pm Monday to Friday inclusive and Saturday 8 am to 1 pm.

Water

11. Provide a metered service, and internal infrastructure as required, to satisfy the fire fighting and water supply demands of the development.

12. Any existing water property service(s) are to be disconnected at Developer’s expense except the infrastructure servicing the existing IWC building on the subject site (Stage 1 building).

Sewerage

13. The Developer is to provide reticulated sewerage service to the proposed development and make arrangements with Council for the provision of a new point of connection, at the Developer’s expense, to satisfy the requirements of the development;

Stormwater Drainage

14. Install a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual. Such works must include in particular:

a. extension of the site stormwater system located with Lot 1 on RP68000 (the Indigenous Wellbeing Centre – Stage 1 Approval infrastructure) to accommodate stormwater from subject land;

b. Stormwater drainage must be designed and constructed in accordance with the requirements of the Queensland Urban Drainage Manual and Bundaberg Regional Council, i.e., a piped system with a capacity to cater for Q10 ARI flows, with overland flowpaths to be provided for a capacity of Q100ARI less piped flow;

c. The design for the site drainage system, fill, car parking and access must be undertaken so that flows from adjacent properties will not be impeded by the development; and



d. Detention storage must be provided to cater for increased stormwater runoff as a result of this development. Stormwater discharge from the subject land must be limited to pre-development generated peak levels up to and including Q100 ARI flows via the provision of on-site detention storage. The detention storage must be visually integrated into the surrounding landscape and designed with a high level of visual amenity. Storage using internal car parking is to be designed to provide a maximum flooded depth in pavement and car parking areas of 200 mm.

15. The drainage system for the development must incorporate Stormwater Quality Improvements in accordance with the Bundaberg Regional Planning Scheme Policy for Development Works. A Site Based Stormwater Management Plan and Erosion and Sediment Control Management Plan, inclusive of long term maintenance measures, must be submitted as part of an application for Operational Works outlining how the Stormwater Quality Improvements in both the construction and operational phases of the development.

Roadworks and Access

16. Provide pavement construction and asphaltic concrete (AC) sealing to the full site frontage of Targo Street from the kerb and channel to the edge of the existing pavement.

The pavement must be designed in accordance with Austroads Pavement Design for Light Traffic: A supplement to Austroads Pavement Design Guide (AP-T36/06). The pavement specifics must be determined as part of an application for Operational Works.

17. Provide a raised median and line marking in Sims Road adjacent to the existing IWC access generally in accordance with Plan No: 1- IWC Entry/ Exit Configuration- 13 November 2015.

Car Parking

18. Provide off-street car parking and vehicle manoeuvring areas with a minimum of 67 parking spaces. Such car parking, access and manoeuvring areas must be generally in accordance with the Approved Plans and be:-

a. constructed and sealed with bitumen, asphalt, concrete or approved pavers;

b. line-marked into parking bays;

c. designed to include a manoeuvring areas to allow all vehicles to leave the site in a forward gear;

d. designed to include the provision of fill and/or boundary retaining walls to allow for the containment and management of site stormwater drainage as required;

e. sign posted to indicate entry/exit points, in addition to line marking, to indicate the traffic flow through the site;

f. drained to the relevant site discharge point; and

g. designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities Part 1: Off-street Car Parking;

h. made available for staff and clients/patients with no parks to be granted exclusively for the use of staff only.



19. Provide line marking for on-street car parking bays in accordance with AS 2890.5-1993 within Targo Street only adjacent to the full road frontage of 227 and 229 Targo Street, Walkervale.

20. Linemarked on-street car parking bays are not permitted in Sims Road.

Building Design

21. No openings or ventilation for the basement car park are to be located on the northern elevation of the approved building.

Footpath

22. Provide a 1.5 metre wide concrete ribbon footpath for the full length of the Targo Street frontage. The footpath must be constructed in in accordance with Council’s Drawing 13977. Works must include re-grading of the grassed area to suit the new footpath, with topsoiling and grass seeding to disturbed path areas as well as fill material to the footpath to remove trip hazards.

23. Provide a 2.0 metre wide concrete ribbon footpath and pram ramp (at Targo Street) to the Sims Road frontage of the subject land from only the end of the existing footpath to Targo Street. The footpath must be constructed in accordance with Council’s Drawing 13977. Works must include re-grading of the grassed area to suit the new footpath, with topsoiling and grass seeding to disturbed path areas as well as fill material to the footpath to remove trip hazards.

End of Trip Facilities – Cycle Parking

24. Install and maintain eight (8) secure bicycle parking spaces for employees and customers. Customer cycle parking must be located in a visible area close to the entrance of each building.

25. Provide one (1) locker for every two (2) staff cycle parking spaces.

26. Provide informational and directional signage where necessary to direct cyclists to bicycle parking spaces and advise the public of their presence.

External Storage of Materials

27. Ensure goods, equipment, packaging material or machinery is not stored or left exposed outside the building so as to be visible from any public road or thoroughfare. Any storage on site is required to be screened from view from all roads and adjacent properties.

Public Safety

28. During operating hours, all parking areas, pedestrian areas and entrances/exits to all stairwells, travelators, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas.

29. After-hours access to loading docks, storage areas and the basement carpark (including the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or other suitably appropriate means. The basement carpark must be kept closed and locked at all times while the use is not operating.



Staffing

30. The maximum number of staff engaged in Stage 2 of the approved use on the subject site must not exceed fifty-three (53) at any one time.

Fences

31. Provide a 1.8 metre high solid no-gap screen fence to the Northern and Western boundary of Lot 6 on RP70494, commencing from the road frontage of the subject property where such fencing does not currently exist. From the front building line to the front boundary of the site, fencing must be tapered to a height of 1.2 metres. The erection of a second boundary line fence parallel to any existing boundary fence is prohibited.

Loading/Unloading

32. Loading and unloading of all vehicles associated with the use must occur on the subject site.

Landscaping

33. A landscape plan must be submitted to and approved by the Assessment Manager prior to the commencement of any landscaping works. The plan must be generally in accordance with the Approved Plans, have regard to the conditions of this approval and include, but not be limited to, the following features:

a. The area or areas set aside for landscaping;

b. A plan and schedule of all proposed trees, shrubs and ground covers which identifies:

a. The location and sizes at planting and at maturity of all plants;

b. The utilisation of species indigenous to the area (the Plant Species List contained within Council’s Landscaping Planning Scheme Policy is a guide to species selection; the botanical and common names of plants must be provided.). No exotic plants are to be specified;

c. The location of all areas to be covered by turf or other surface material including pavement and surface treatment details;

d. Measures to ensure that the planted trees will be retained and managed to allow growth of the trees to mature size;

e. Details of any landscaping structures, including entrance statements;

f. Details of cutting and filling and all retaining structures and fences and associated finishes;

g. Contours or spot levels if appropriate;

h. Fence size and materials;

i. Inclusion of a controlled underground or drip irrigation system. Any such system is to be fitted with an approved backflow water prevention device;

j. Location of any drainage, sewerage and other underground services and any overhead power lines;



k. Property boundary garden/landscape bed edge walls must be provided with sleeper or equivalent retaining walls to contain the garden material within the site. Such walls must be constructed to a height that is at or above the adjacent kerb OR sealed car parking areas;

l. Vegetated screening of the first floor of the northern elevation within the limits of the suspended planter box is designed such that 50% of the Level 1 building elevation (where the planer box locates) will be screened at maturity;

34. Complete landscaping shown on the endorsed plans prior to the commencement of the use and maintain all landscape works in accordance with the Approved Plan whilst the use continues.

Lighting

35. External lighting used to illuminate the premises must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

36. A Lighting Plan must be submitted to and approved by the Assessment Manager prior to the commencement of the use. The plan must include, but not be limited to, the following features:

a. The location, purpose, footprint, intensity and spectral composition of each light source; and

b. Measures to avoid, mitigate or manage the impacts of each light source.

When approved, the Lighting Plan will form part of the Approved Plans for this development.

37. All lighting for the development must be designed, installed and maintained in accordance with the approved Lighting Plan, to the satisfaction of the Assessment Manager.

Noise

38. Noise produced by the use must not exceed the background noise level plus 5db(A) (6 am – 6 pm) or background noise level plus 3db(A) (6 pm – 10 pm) or background noise level (10 pm – 6 am) (measured as the adjusted maximum sound pressure level at any noise sensitive place).

Waste Management

39. Provide a sufficient area for the storage of all waste bins. This area must be sealed, screen fenced and designed so as to prevent the release of contaminants to the environment.

40. Maintain and operate an adequate waste disposal service, including the maintenance of refuse bins and associated storage areas so as not to cause any nuisance, to the satisfaction of the Assessment Manager.

41. The bin storage enclosure must be maintained in a clean and sanitary manner at all times.

42. Ensure that any potential food / waste sources are covered and collected so that they are not accessible to wildlife.



PART 1B – ADVICE NOTES

Environmental Harm

A. The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Fencing

B. Should any existing fence not comply with the requirements of this approval, the existing fence must be replaced in accordance with the requirements of this approval.

C. Fencing should be undertaken in accordance with the provisions of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. This includes appropriate mediation practices and agreements regarding the type of materials, location and retrieval of any materials for any fence removed.

Infrastructure Charges Notice

D. Please find attached the Infrastructure Charges Notice (Register No: 331.2015.764.1) applicable to the approved development.

Nature and Extent of Approved Development

E. This Decision Notice does not represent an approval to commence Building Works.

Water and Sewer

F. Council permits one (1) water property service only for each property. This means only one connection to the water main although there may be a potable and fire service feeding from that connection. Only one (1) point of connection will be provided and maintained by Council.

G. The Developer should engage an appropriately qualified hydraulic consultant to assess the suitability of the water supply system to cater for the proposed development, including fire fighting requirements in accordance with AS2419.

H. Arrangements for the installation of any new metered service and sub-meters, or removal of an existing service, must be made with Council’s Water and Wastewater Infrastructure Planning Technical Support Section.



I. Connection to Council’s water and sewer infrastructure is subject to further approvals. For further information about these requirements, contact Council’s Water and Wastewater Infrastructure Planning Technical Support Section on 1300 883 699.

J. Council permits only one water service for each property. This means only one connection to the water main although there may be a potable and fire service feeding from that connection.

K. Sewerage works performed on live sewerage infrastructure, namely break ins and capping existing sanitary drainage where applicable, will be undertaken by Council at the Developer’s expense;

Access

L. The median provided in condition 17 will require appropriate lighting standards in accordance with AustRoads standards for concrete median.

Seconded by Cr WA Honor. The Motion was then put - and carried unanimously.




Item Number:

L3

File Number:

321.2013.39631.1

Part:


Portfolio:


Subject:

Chards Road and 191 Lovers Walk, Woongarra - Reconfiguring a Lot for 2 lots into 98 lots and 2 drainage lots (in 9 stages)

Summary: APPLICATION NO 321.2013.39631.1

PROPOSAL Reconfiguring a Lot for 2 lots into 98 lots and 2 drainage lots

APPLICANT M & R Booth & REML Holdings Pty Ltd

OWNER Lot 15: MJ Booth & RG Booth Lot 108: REML Holdings Pty Ltd – McMillan Unit Trust

PROPERTY DESCRIPTION Lot 15 on RP809430, Lot 108 on SP213698

ADDRESS Chards Road and 191 Lovers Walk, Woongarra

PLANNING SCHEME Planning Scheme for Burnett Shire

ZONING Rural (Rural Planning Area)

OVERLAYS Good Quality Agricultural Land; Declared Groundwater Area, Low Bushfire Risk Area; Bundaberg Ring Road Buffer, Airport Buffers, Airport OLS

LEVEL OF ASSESSMENT Impact Assessment

SITE AREA Lot 15: 18.016 hectares Lot 108: 9.64 hectares Total: 27.656 hectares

CURRENT USE Agriculture

PROPERLY MADE DATE 6 February 2014

STATUS The 20 business day decision period ended on 20 August 2015

REFERRAL AGENCIES SARA – State Controlled Roads

NO OF SUBMITTERS Two

PREVIOUS APPROVALS Nil


Several times since application was lodged


At the request of the Chairman, the Development Assessment Manager addressed the meeting on the report, and the queries raised were answered.



Resolution Cr WA Honor moved:- That Development Application 321.2013.39631.1 be determined as follows: DESCRIPTION OF PROPOSAL

Reconfiguring of a Lot for 2 lots into 98 Rural Residential lots and 2 drainage area lots (in 9 Stages) SUBJECT SITE

Chards Road and 191 Lovers Walk, Woongarra, described as Lot 15 on RP809430 and Lot 108 on SP213698

DECISION

Approved in full subject to conditions

The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL



Development Permit


Reconfiguring a lot Part 1, table 3, item 1

Deemed Approval



Not Applicable.

3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS


All Building Work

All Operational Work

4. CODES FOR SELF ASSESSABLE DEVELOPMENT





Planning Scheme for Burnett Shire and Associated Planning Scheme Policies

5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS OR WORK IN RELATION TO THE DEVELOPMENT

Compliance assessment is required under chapter 6, part 10 of SPA for the following documents or works in relation to the development

Documents or works requiring compliance assessment

Matters or things against which the document or work must be assessed

Compliance assessor

When the request for compliance assessment must be made

Subdivision Plan The matters or things listed in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009

Bundaberg Regional Council

In the time stated in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009

6. SUBMISSIONS

There were two submissions received for the application. The name and address of the principal submitter for each properly made submission are as follows:


1. DB Pickering, General Manager Operations, Bundaberg Sugar Ltd

PO Box 500, Bundaberg 4670

2. Robyn Desrettes, Property Officer, SunWater Limited

PO Box 15536, City East Brisbane 4002



The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument.

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

The proposed lots do not meet the minimum lot size for “Rural” zoned lots in the Planning Scheme for Burnett Shire - 100 hectares.

The Bundaberg Regional Planning Scheme came into force 19 October 2015.

The proposed subdivision meets the Bundaberg Regional Planning Scheme’s minimum lot size for lots in the “Low Density Residential” zone. The proposal provides for all lots to be provided with reticulated services – water, sewerage, electricity – and to be adequately drained.

Council’s Resolution of 13 October 2015 to amend the Planning Scheme provides for the site to be included in the “Low Density Residential” zone. The site is also located in the “Urban Footprint” of the regional plan.



8. REFERRAL AGENCY

The referral agency for this application are:

For an application involving

Name of referral agency

Advice agency or concurrence agency

Address

State-controlled road

Schedule 7, Table 3, Item 1

Making a material change of use of premises if any part of the land: (a) Is within 25m

of a State-controlled road; or

(b) Is future State-controlled road; or

Abuts a road that intersects with a State-controlled road within 100m of the land.


Concurrence State Assessment and Referral Agency (SARA)

E: [email protected]

P: PO Box 979

Bundaberg Qld 4670

9. APPROVED PLANS

The approved plans and/or documents for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

GC15003 LC2 Sheet 1 of 1 Proposed Lot Reconfiguration – Lot 108 on SP214698 and Lot 15 on RP809430 – Bundaberg Ring Road & Chards Road

5 February 2015

6240-150324-SK01 as amended in “red”

Staging Plan – Chards Road 6 August 2015

SK01 BRC Plan 27 October 2015


Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse eight (8) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Not Applicable





Condition/s Provision under which the Condition was imposed

7, 8 ,9, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 37


Nil Section 646 – Identified Trunk Infrastructure

10, 13, 14a - b Section 647 – Other Trunk Infrastructure


PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER

General



3. Comply with all of the conditions of this Development permit prior to the submission of a Plan of Subdivision for compliance assessment and signing, unless otherwise stated within this notice.

Date Development Must be Completed By (Lapsing Date)

4. In accordance with section 342 of the Sustainable Planning Act 2009, this Development Approval to the extent it relates to development not completed will lapse eight (8) years from the date of this approval.

Existing Structures

5. At Stage 1, demolish and/or remove all existing structures, farm dams and/or bores within the development.

Staging

6. Comply with the conditions of each respective stage of this Development Permit prior to the endorsement of a Plan of Subdivision for that stage unless otherwise stated within this notice.

Water

7. Provide a reticulated water supply service to each lot by supplying all necessary materials, including structures and equipment, and performing all necessary works. All work is to be in accordance with a water supply plan approved by Council prior to lodgment of the first application for operational work. When approved, the water supply plan will form part of the endorsed plans for this approval.

8. Prior to lodging the first survey plan for residential lots, extend the existing 150mm water main in McCarthy Road along Chards Road to the full frontage of Stage 1. The water main sizing and infrastructure specifics must be determined as part of an application for Operational Works.

9. Prior to lodging the survey plan for Stage 9, extend the 150 mm water main in Chards Road provided at Stage 1, along Chards Road for the full frontage of Stage 9. The water main and infrastructure sizing specifics must be determined as part of an application for Operational Works.



10. Prior to lodging a survey plan which creates the 44th residential lot on the subject development site extend the existing 150mm main in McCarthy Road along Chards Road and west along the Bundaberg Ring Road to the Lovers Walk Water Treatment Plant (Lot 10 on RP176476). The water main sizing and infrastructure specifics must be determined as part of an application for Operational Works.

Internal Sewerage

11. Provide reticulated sewerage throughout the development generally in accordance with the Wastewater Disposal Master Plan – Chards Road, Woongarra - December 2014 prepared by HCE Engineers and this Decision Notice.

12. Provide a reticulated sewerage service to each lot by supplying all necessary materials, including structures and equipment, and performing all necessary works. Prior to lodgment of the first application for operational work provide the following sewerage infrastructure information:

a. a sewerage layout plan for the proposed gravity sewerage system for the entire development,

b. sewerage long sections, and

c. hydraulic calculations demonstrating that the proposed sewerage system will provide sufficient flushing velocities to enable it to comply with the requirements of Council’s sewerage strategy and the Water Services Association of Australia – Sewerage Code of Australia Version 2.3.

13. The sewerage network must provide infrastructure and points of connection to west and east of the subject land at depths suitable to service the entire Catchment A as listed in BRC Plan SK01 (27 October 2015) and with such provision to allow the rationalisation of the existing sewerage network such as removal of the Chards Road pump station.

Pump Station, gravity mains and Associated Works

14. The Developer must either:

a. Prior to lodging a subdivision plan for a new residential lot, or at such later time as given in condition 14d, provide a new Sewerage Pump Station within the subject and a pressure main between the new Sewerage Pump Station and the Thabeban Sewerage Treatment Plant trunk gravity main in Goodwood Road. This new sewerage pump station and pressure main must be designed to cater for Catchment A as listed in BRC Plan SK01 (27 October 2015); and

b. The new pump station must also include the following:

i. Be contained in a freehold lot dedicated to Council in fee simple with a minimum area of 400m2 or such lesser area as agreed to in writing by the Assessment Manager and be located within either proposed lots 55 or 56 or such other lot as agreement by the Assessment Manager;

ii. A sealed hardstand area sufficient to allow a single unit truck bus (12.5 metres) to manoeuvre within the pump station lot in a manner that will allow it to enter and leave the site in a forward gear.

iii. Contain components that are consistent with Council’s sewerage Pump Station Policy, inclusive of redirection/removal of existing Chards Road where possible;



iv. Be in accordance with Council’s nominated standard drawings for sewerage pump stations; and.

v. Have an access to the new pump station lot provided by either:

A. a constructed minimum 3.5 metre wide pavement within existing road reserve; or

B. a minimum five (5) metre wide access easement with 3.5 metre wide all weather access between existing sealed pavement and the pump station lot; and

c. Provide a modified subdivision layout plan that incorporates the new sewerage treatment plan and any accesses as listed in condition 14 a and b. The modified subdivision layout plan will then form part of the endorsed plans for this approval.

OR

d. In the event an operational works approval for a new pump station and rising main to service Catchment A as listed in BRC Plan SK01 (27 October 2015) (“the New Pump Station”) has commenced on Lot 2 on SP211840, a subdivision plan creating a new residential lot on the subject land will be approved only after the completion of the New Pump Station.

Stormwater

15. Provide a stormwater drainage system connecting to a lawful point of discharge. All works are to be generally in accordance with the Stormwater Management Master Plan – Chards Road, Woongarra - December 2014 prepared by HCE Engineers and must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular, but not limited to:

a. the works shown on the Approved Plans and the works generally described in the HCE Stormwater Management Plan listed in this Decision Notice tailored for the approved Chards Road extent of work;

b. Stormwater drainage, excluding the detention basin, must be designed and constructed in accordance with the requirements of the Queensland Urban Drainage Manual and Bundaberg Regional Council, ie, a piped system with a capacity to cater for Q5 ARI flows, with overland flow paths to be provided for a capacity of Q100 ARI less piped flow;

c. The Developer must provide lateral underground drainage to the proposed new access roads to a standard of Q10 ARI minor;

d. The surface of each proposed lot must drain directly to a Road. The drainage specifics must be determined as part of an application for Operational Works for the Initial stage;

e. Detention storage via the provision of stormwater open drains is required to be provided to cater for increased stormwater runoff as a result of this development. The detention storage must be visually integrated into the surrounding landscape and designed with a high level of visual amenity;

f. The Detention storage must be designed to be free draining and integrate with an overall drainage solution for the area;



g. Provide an engineered low-flow dewatering system, inclusive of a sealed access, to the detention basin. If a mechanical solution is accepted, construct the stormwater drainage infrastructure and pump station well and rising main/lift and maintain this drainage infrastructure until all residential lots are endorsed and the final stage is taken “Off Maintenance”;

h. A freehold lot must be dedicated to Council in fee simple of sufficient area to contain the stormwater drainage low flow dewatering system, if the system is located outside the future drainage reserve. Access to the low flow dewatering system lot must be provided by either:

i. a constructed minimum 3.5 metre wide pavement within existing road reserve; or

ii. a minimum five (5) metre wide access easement with 3.5 metre wide all weather access between existing sealed pavement and the pump station lot; and

i. The proposed southern detention basin must be drained to the existing Main Roads detention basin without relying on the Bundaberg Ring Road longitudinal drain unless specifically permitted by the Department of Transport and Main Roads.

16. Prior to lodging the first subdivision plan that creates residential lots, provide a BRC standard ‘open cut’ stormwater easement covering the portion of the application land that is within the detention basin, being a minimum of 80 metres and for the full southern boundary of the subject land and adjacent to the Bundaberg Ring Road.

17. As part of the final plan of subdivision for residential lots, dedicate the balance land required for stormwater management as drainage reserve and arrange for surrender of the easement provided with the first stage.

18. Provide an 800 mm wide concrete maintenance strip between each sump drain inlet pit and the stormwater low-flow dewatering system.

19. The drainage system for the development must incorporate Stormwater Quality Improvements in accordance with the State Planning Policy July 2014 and the Bundaberg Regional Council Stormwater Management Strategies. A Site Based Stormwater Management Plan and Erosion and Sediment Control Management Plan, inclusive of long term maintenance measures, must be submitted as part of an application for Operational Works outlining how the Stormwater Quality Improvements in both the construction and operational phases of the development will be achieved.

Roadwork and Access

20. New roads must be dedicated in accordance with the approved plan.

21. Intersection designs and speed restriction devices must be in accordance with Main Roads Road Planning and Design Manual and, where applicable, Austroads Guide to Road Design Part 4A: Un-signalised and Signalised Intersections.

22. Provide truncations to all street intersection types to a minimum of six (6) metre three (3) chord configuration. The truncation must be dedicated as road reserve.

23. Construct all new roads in accordance with the following requirements:

a. All roadways must be sealed with asphaltic concrete.



b. Provide concrete kerb and channelling on each side of all roadways to the relevant standard.

c. 15m wide new road must be paved to a width of seven (7) metres measured between nominal kerb lines in accordance with BSC standard drawing R101 and ‘Access Place’;

d. 17.5m wide new road must be paved to a width of nine (9) metres measured between nominal kerb lines in accordance with BSC standard drawing R101 and ‘Access Street’ and widened to 20 metres if relevant infrastructure is unable to be contained within the proposed 17.5 metre;

e. twenty (20) metre wide new road must be paved to a width of 10.5 metres measured between nominal kerb lines in accordance with BSC standard drawing R101 and ‘Collector Street’ and widened to 25m if relevant infrastructure is unable to be contained within the proposed 20m; and

f. Cul-de-sac bulbs must contain a minimum twenty (20) metre diameter circle within the nominal kerb line.

24. Where the staged road layout does not allow a commercial vehicle to manoeuvre within the roadway in a forward gear, provide a temporary sealed turn-around facility. The temporary turn-around facilities must be in accordance with an Operational Works approval and provide a minimum twenty (20) metre turning circle, measured from the edge of the pavement.

25. Construct within Chards Road road reserve the following:

a. Widen the existing sealed pavement in accordance with BSC standard drawing R101 and ‘Collector Street’ to centreline plus one (1) metre;

b. Provide asphalt surfacing to the widened pavement;

c. Widen for the full site frontage of each residential lot;

d. Provide kerb and channel to the edge of the widened pavement. The pavement must be designed in accordance with Austroads Pavement Design for Light Traffic: A supplement to Austroads Pavement Design Guide (AP-T36/06). The pavement specifics must be determined as part of an application for Operational Works;

e. Provide a 1 in 10 taper, paved and asphalt surfaced, between the new kerb and channel and the existing pavement north of the northern-most proposed residential lot in Chards Road.

New Street Names

26. Street names must be submitted to and approved by the Assessment Manager prior to the commencement of Operational Works associated with this approval. A written request for the proposed naming of streets must be submitted that includes three (3) suggested road names for each new street in the development that:

a. reflect aspects of the area in which the streets are located, including historical names, unless otherwise determined by the Assessment Manager. The order of preference in allocating street names will be:

i. historical persons / historical place names;

ii. other relevant aspects (eg local flora and fauna); and



iii. themed street names. Where ‘themed’ names are proposed, a list of street names for the entire development must be submitted as part of the Operational Works application for Stage One of the development;

b. are nouns and generally contain one (1) word. Composite words may be acceptable when they supplement the primary name; and

c. are unique and unambiguous to the Bundaberg Regional Council local government area.

(Note: where a street is extended, the new section created will retain the name of the street extended.)

27. Supply and erect all necessary street signs and posts.

Electricity, Street lighting and Telecommunications

28. Enter into an agreement with an approved electricity provider, to ensure that underground electricity will be available to each lot under standard tariff conditions and without further capital contributions. Provide evidence of such an agreement, along with associated bonding arrangements, to the Assessment Manager prior to the approval of the Plan of Subdivision.

29. Design and provision of street lighting must be in accordance with Australian Standard 1158. The applicable lighting category is P4 unless negotiated otherwise with Council prior to lodgment of the first application for operational work.

30. Enter into an agreement with the Telecommunications Authority or Cable Service provider (whichever is applicable) to ensure that telecommunication/cable services will be available to each lot. Provide evidence of such an agreement to the Assessment Manager prior to the approval of the Plan of Subdivision.

31. Telecommunication conduits (ducts) and pits, including trenching and design, must be provided to service the development in accordance with 'Fibre-Ready' standards or the NBN Co Installing Pit and Conduit Infrastructure - Guidelines for Developers, to the satisfaction of the Assessment Manager.

Easements

32. Lodge the following easements with the titles office:

a. stormwater drainage easements in gross that includes:

i. all stormwater overland flow paths traversing the land;

ii. minimum width of three (3) metres through residential lots or as determined in an application for Operational Work;

iii. Q100 ARI stormwater overland flow paths traversing the site;

iv. any stormwater main existing or proposed to traverse the land located within the easement and a minimum of one (1) metre from the easement

boundary;

v. all Q100 ARI stormwater overland flow paths downstream of the land to the lawful point of discharge;

vi. eighty (80) metres minimum width easements along the boundary with the Bundaberg Ring Road over all freehold land within the development;



b. an easement in gross for stormwater over the proposed stormwater detention basin and associated treatment facilities as identified on the approved documents or as determined in any approval for operational works;

c. an easement in gross for sewerage having a minimum width of three (3) metres over each sewerage main;

33. Prior to lodging a survey plan that includes or should include easement/s, obtain written confirmation from the assessment manager that easement documentation is acceptable to the Assessment Manager.

34. All works must be kept clear of any existing easements on the subject land, unless agreed otherwise in writing by the Grantee.

35. Each existing easement must be surrendered prior to creating residential lots that would otherwise be parties to said existing easements. Evidence of surrender of redundant easements must be submitted to the Assessment Manager at the time of the submission of any related Plan of Subdivision lodged for compliance assessment.

Additional Payment Condition

36. Pay an amount for the provision of the trunk infrastructure necessary to service the development as conditioned by this approval equal to the amount that the establishment cost of the trunk infrastructure exceeds the value of the levied charges.

Fencing

37. In association with each relevant stage of development the developer must provide security fencing to the northern boundary of the site (adjoining Lot 15 on RP809430) to restrict public access to the SunWater Irrigation channel.



A. Please find attached the Infrastructure Charges Notice (Register No: 331.2014.579.1) applicable to the approved development.

Rates and Charges

B. In accordance with the Sustainable Planning Act 2009, all rates, charges or any expenses being a charge over the subject land under any Act must be paid prior to the Plan of Subdivision being endorsed by the Assessment Manager.

Sewerage

C. The top reach of each sewerage main should be laid no flatter than 1 in 80 until a minimum of 6 lots are serviced and each remaining reach must be laid no flatter than 1 in 150 unless as highlighted in WSA 02. Alternative grades may be considered if the certifying RPEQ can demonstrate sufficient flushing velocities through an alternative approach.

D. In respect to Condition 14, the Developer may approach Council with an alternative sewerage strategy that in effect delays the provision of the new sewerage pump station by utilising the existing infrastructure in Chards Road for Stage 1 of the development. If the aforementioned strategy is accepted Council it may be considered to be a permissible change.



E. It is Council’s preference that the new pump station is located such that the trunk sewerage lines are not greater than seven (7) metres deep. The location of the pump station in the lots nominated was estimated given expected bulk earthworks on the site.

Stormwater

F. The engineered low flow dewatering system should be a system such as passive aquifer recharge or mechanical dewatering.

PART 1C – PROPERTY NOTES

A. Development Approval 321.2013.39631.1 – Rural Activity

The following notation applies to approved Lots 1, 63-74, 50-56, 30-34, 20-25:

All future purchasers of the subject land should note that there is a rural activity adjacent to the land and such activity takes precedence over the residential usage of the subject land.

B. Development Approval 321.2013.39631.1 – Stormwater.

The drainage provided for this development has been for residential development with lots not less than 2000 m2. No further intensification of development, such as, subdivision of lots below 1,500 m2 or multi use residential developments can be undertaken without updating the 2D XP SWMM model and the Stormwater Management Master Plan – Chards Road, Woongarra - December 2014 to reflect the intended change. The drainage specifics highlighted in modelling would then be provided as part of an application for Operational Works.

PART 2—CONCURRENCE AGENCY CONDITIONS The Queensland Department of Infrastructure, Local Government and Planning by Amended Concurrence Agency response letter dated 25 June 2015 (copy letter attached for information). Seconded by Cr M Forman. The Motion was then put - and carried unanimously.




Item Number:

L4

File Number:

321.2014.42352.1

Part:


Portfolio:


Subject:

Cnr Chards Road and Bundaberg Ring Road/Lovers Walk Woongarra - Reconfiguring a Lot (1 lot into 35 lots plus Drainage Lot 905) – in four stages

Summary:


PROPOSAL Reconfiguring a Lot (1 lot into 35 lots plus Lot 905 – Drainage area) in four stages

APPLICANT Peachaven Pty Ltd

OWNER Peachaven Pty Ltd

PROPERTY DESCRIPTION Lot 2 on SP211840

ADDRESS Cnr Chards Road & Bundaberg Ring Road/ Lovers Walk, Woongarra

PLANNING SCHEME Planning Scheme for Burnett Shire

ZONING Rural (Rural Planning Area)

OVERLAYS 1. Good Quality Agricultural Land – A; 2. Declared Groundwater Area; 3. Low Bushfire Risk Area; 4. Bundaberg Ring Road buffer; 5. Airport buffers; 6. Airport OLS

LEVEL OF ASSESSMENT Impact

SITE AREA 10.59 hectares

CURRENT USE Agriculture/Cane Cultivation

PROPERLY MADE DATE 6 January 2015

STATUS The 20 business day decision period ends on 03 July 2015

REFERRAL AGENCIES Department of Infrastructure, Local Government & Planning (State Controlled Roads matters)

NO OF SUBMITTERS One

PREVIOUS APPROVALS Nil


Several times since application was lodged


At the request of the Chairman, the Development Assessment Manager addressed the meeting on the report, and the queries raised were answered.



Resolution Cr M Forman moved:- That Development Application 321.2014.42352.1 be determined as follows: DESCRIPTION OF PROPOSAL

Reconfiguring of a Lot - 1 lot into 35 lots plus Lot 905 Drainage Area lot (in 4 four stages) SITE: Cnr Chards Road and Bundaberg Ring Road/Lovers Walk, Woongarra – described as Lot 2 on SP211840. DECISION

Approved in full subject to conditions The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL



Development Permit


Reconfiguring a lot Part 1, table 3, item 1

Deemed Approval



Not Applicable.

3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS


All Operational Work

4. CODES FOR SELF ASSESSABLE DEVELOPMENT



Planning Scheme for Burnett Shire and Associated Planning Scheme Policies



5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS OR WORK IN RELATION TO THE DEVELOPMENT

Compliance assessment is required under chapter 6, part 10 of SPA for the following documents or works in relation to the development

Documents or works requiring compliance assessment

Matters or things against which the document or work must be assessed

Compliance assessor

When the request for compliance assessment must be made

Subdivision Plan The matters or things listed in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009

Bundaberg Regional Council

In the time stated in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009

6. SUBMISSIONS

There was One (1) submission received for the application. The name and address of the principal submitter for each properly made submission are as follows:


1. DB Pickering, General Manager Operations, Bundaberg Sugar

PO Box 500, Bundaberg 4670



The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument.

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

The proposed lots do not meet the minimum lot size for “Rural” lots in the Planning Scheme for Burnett Shire - 100 hectares.

The Bundaberg Regional Planning Scheme came into force 19 October 2015.

The proposed subdivision meets the Bundaberg Regional Planning Scheme’s minimum lot size for lots in the “Low Density Residential” zone. The proposal provides for all lots to be provided with reticulated services – water, sewerage, electricity – and to be adequately drained.

Council’s Resolution of 13 October 2015 to amend the Planning Scheme provides for the site to be included in the “Low Density Residential” zone. The site is also located in the “Urban Footprint” of the regional plan.



8. REFERRAL AGENCY

The referral agency for this application is:

For an application involving

Name of referral agency

Advice agency or concurrence agency

Address

State-controlled road

Schedule 7, Table 3, Item 1

Making a material change of use of premises if any part of the land: Is within 25m of a

State-controlled road; or

Is future State-controlled road; or

Abuts a road that intersects with a State-controlled road within 100m of the land.


Concurrence State Assessment and Referral Agency (SARA) E: [email protected] P: PO Box 979 Bundaberg Qld 4670

9. APPROVED PLANS

The approved plans and/or documents for this development approval are listed in the following table:

Plan/Document number

Plan/Document name Date

GC15047 LC1 Sheet 1 of 1

Proposed Lot Reconfiguration Lot 2 on SP211840 Bundaberg Ring Road, Chards Road – Peachaven Pty Ltd

23 February 2015

GC15047 A Sheet 1 of 1 – as amended in “red”

“Staging Plan” - Proposed Lot Reconfiguration Lot 2 on SP211840 Bundaberg Ring Road, Chards Road – Peachaven Pty Ltd

22 October 2015

BRC SK01 Sewerage Catchment A 15 October 2015


Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Not Applicable





Conditions Provision under which the Condition was imposed

6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24.


Not Applicable Section 646 – Identified Trunk Infrastructure

11, 12 a-b, Section 647 – Other Trunk Infrastructure


PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER

General



3. Comply with all of the conditions of this Development permit prior to the submission of a Plan of Subdivision for compliance assessment and signing, unless otherwise stated within this notice.

Existing Structures

4. At Stage 1, demolish and/or remove all existing structures and/or bores within the subject site.

Staging

5. Comply with the conditions of each respective stage of this Development Permit prior to the endorsement of a Plan of Subdivision for that stage unless otherwise stated within this notice.

Water

6. Provide a reticulated water supply service to each lot by supplying all necessary materials, including structures and equipment, and performing all necessary works. All work is to be in accordance with a water supply plan approved by Council prior to lodgment of the first application for operational work. When approved, the water supply plan will form part of the endorsed plans for this approval.

7. Prior to lodging the first survey plan for residential lots, extend the existing 150 mm water main in McCarthy Road along Chards Road. The water main sizing and infrastructure specifics must be determined as part of an application for Operational Works.

8. Prior to lodging a survey plan which creates the 20th residential lot on the subject development site extend the existing 150 mm main in McCarthy Road, along Chards Road and west along the Bundaberg Ring Road to the Lovers Walk Water Treatment Plant (Lot 10 on RP176476). The water main sizing and infrastructure specifics must be determined as part of an application for Operational Works.

Internal Sewerage

9. Provide reticulated sewerage throughout the development generally in accordance with the Wastewater Disposal Master Plan – Chards Road, Woongarra - December 2014 prepared by HCE Engineers and this Decision Notice.



10. Provide a reticulated sewerage service to each lot by supplying all necessary materials, including structures and equipment, and performing all necessary works. Prior to lodgment of the first application for operational work provide the following sewerage infrastructure information:

a. a sewerage layout plan for the proposed gravity sewerage system for the entire development,

b. sewerage long sections, and

c. hydraulic calculations demonstrating that the proposed sewerage system will provide sufficient flushing velocities to enable it to comply with the requirements of Council’s sewerage strategy and the Water Services Association of Australia – Sewerage Code of Australia Version 2.3.

11. The sewerage network must provide infrastructure and points of connection to west and east of the subject land at depths suitable to service the entire Catchment A as listed in BRC Plan SK01 (27 October 2015) and with such provision to allow the rationalisation of the existing sewerage network such as removal of the Chards Road pump station.

External Sewerage – Pump Station and Associated Works

12. The Developer must either:

a. Prior to lodging a subdivision plan for a new residential lot provide a new Sewerage Pump Station within the subject and a pressure main between the new Sewerage Pump Station and the Thabeban Sewerage Treatment Plant trunk gravity main in Goodwood Road. This new sewerage pump station and pressure main must be designed to cater for Catchment A as listed in BRC Plan SK01 (27 October 2015); and

b. The new pump station must also include the following:

i. be contained in a freehold lot dedicated to Council in fee simple with a minimum area of 400 m2 or such lesser area as agreed to in writing by the Assessment Manager and be located within either proposed lots 20 or 35 or such other lot as agreement by the Assessment Manager;

ii. A sealed hardstand area sufficient to allow a single unit truck bus (12.5 m) to manoeuvre within the pump station lot in a manner that will allow it to enter and leave the site in a forward gear.

iii. Contain components that are consistent with Council’s sewerage Pump Station Policy, inclusive of redirection/removal of existing Chards Road where possible;

iv. Be in accordance with Council’s nominated standard drawings for sewerage pump stations; and.

v. Have an access to the new pump station lot provided by either:

A. a constructed minimum 3.5 m wide pavement within existing road reserve; or

B. a minimum 5 m wide access easement with 3.5 m wide all weather access between existing sealed pavement and the pump station lot; and



c. Provide a modified subdivision layout plan that incorporates the new sewerage treatment plan and any accesses as listed in condition 14 a and b. The modified subdivision layout plan will then form part of the endorsed plans for this approval.

OR

d. In the event an operational works approval for a new pump station and rising main to service Catchment A as listed in BRC Plan SK01 (27 October 2015) (“the New Pump Station”) has commenced on Lot 15 on RP809430 or Lot 108 on SP213698, a subdivision plan creating a new residential lot on the subject land will be approved only after the completion of the New Pump Station.

Stormwater

13. Provide a stormwater drainage system connecting to a lawful point of discharge. All works are to be generally in accordance with the Stormwater Management Master Plan – Chards Road, Woongarra - December 2014 prepared by HCE Engineers and must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual, and must include in particular, but not limited to:

a. the works shown on the Approved Plans and the works generally described in the HCE Stormwater Management Plan listed in this Decision Notice tailored for the approved Chards Road extent of work;

b. Stormwater drainage, excluding the detention basin, must be designed and constructed in accordance with the requirements of the Queensland Urban Drainage Manual and Bundaberg Regional Council, ie a piped system with a capacity to cater for Q5 ARI flows, with overland flow paths to be provided for a capacity of Q100 ARI less piped flow;

c. The Developer must provide lateral underground drainage to the proposed new access roads to a standard of Q10 ARI minor;

d. The surface of each proposed lot must drain directly to a Road. The drainage specifics must be determined as part of an application for Operational Works for the Initial stage;

e. Detention storage via the provision of stormwater open drains is required to be provided to cater for increased stormwater runoff as a result of this development. The detention storage must be visually integrated into the surrounding landscape and designed with a high level of visual amenity;

The Detention storage must be designed to be free draining and integrate with an overall drainage solution for the area; and

f. Provide an engineered low-flow dewatering system to integrate with the system provided on Lot 108 on SP213698.

14. Prior to lodging the first subdivision plan that creates residential lots, provide a BRC standard ‘open cut’ stormwater easement covering the portion of the application land that is within the detention basin, being a minimum of 80m and for the full southern boundary of the subject land and adjacent to the Bundaberg Ring Road.



15. As part of the final plan of subdivision for residential lots, dedicate the balance land required for stormwater management as drainage reserve and arrange for surrender of the easement provided with the first stage.

16. Provide an 800mm wide concrete maintenance strip between each sump drain inlet pit and the stormwater low-flow dewatering system.

17. The drainage system for the development must incorporate Stormwater Quality Improvements in accordance with the State Planning Policy July 2014 and the Bundaberg Regional Council Stormwater Management Strategies. A Site Based Stormwater Management Plan and Erosion and Sediment Control Management Plan, inclusive of long term maintenance measures, must be submitted as part of an application for Operational Works outlining how the Stormwater Quality Improvements in both the construction and operational phases of the development will be achieved.

Roadwork and Access

18. New roads must be dedicated in accordance with the approved plan.

19. Intersection designs and speed restriction devices must be in accordance with Main Roads Road Planning and Design Manual and, where applicable, Austroads Guide to Road Design Part 4A: Un-signalised and Signalised Intersections.

20. Provide truncations to all street intersection types to a minimum of six (6) metre three (3) chord configuration. The truncation must be dedicated as road reserve.

21. Construct all new roads in accordance with the following requirements:

a. All roadways must be sealed with asphaltic concrete.

b. Provide concrete kerb and channelling on each side of all roadways to the relevant standard.

c. Fifteen (15) metre wide new road must be paved to a width of seven (7) metres measured between nominal kerb lines in accordance with BSC standard drawing R101 and ‘Access Place’;

d. Twenty (20) metre wide new road must be paved to a width of 10.5 metres measured between nominal kerb lines in accordance with BSC standard drawing R101 and ‘Collector Street’ and widened to 25 metres if relevant infrastructure is unable to be contained within the proposed 20 metres; and

e. Cul-de-sac bulbs must contain a minimum twenty (20) metre diameter circle within the nominal kerb line.

22. Where the staged road layout does not allow a commercial vehicle to manoeuvre within the roadway in a forward gear, provide a temporary sealed turn-around facility. The temporary turn-around facilities must be in accordance with an Operational Works approval and provide a minimum twenty (20) metre turning circle, measured from the edge of the pavement.

23. Construct within Chards Road road reserve the following:

a. Widen the existing sealed pavement in accordance with BSC standard drawing R101 and ‘Collector Street’ to centreline plus one (1) metre;

b. Provide asphalt surfacing to the widened pavement;

c. Widen for the full site frontage of each residential lot;



d. Provide kerb and channel to the edge of the widened pavement. The pavement must be designed in accordance with Austroads Pavement Design for Light Traffic: A supplement to Austroads Pavement Design Guide (AP-T36/06). The pavement specifics must be determined as part of an application for Operational Works;

e. Provide a 1 in 10 taper, paved and asphalt surfaced, between the new kerb and channel and the existing pavement north of the northern-most proposed residential lot in Chards Road; and

f. In conjunction with the stage containing proposed Lot 8, provide a cul-de-sac bulb with a minimum twenty (20) metre turning circle measured from the nominal kerb line adjacent to and sufficient to service proposed Lot 8. Such cul-de-sac must accommodate a minimum verge in accordance with Council’s standard drawings and must be accommodated in road reserve, if necessary, within proposed Lot 8. The roadwork specifics must be determined as part of an application for Operational Works.

New Street Names

24. Street names must be submitted to and approved by the Assessment Manager prior to the commencement of Operational Works associated with this approval. A written request for the proposed naming of streets must be submitted that includes three (3) suggested road names for each new street in the development that:

a. Reflect aspects of the area in which the streets are located, including historical names, unless otherwise determined by the Assessment Manager. The order of preference in allocating street names will be:

i. Historical persons / Historical place names;

ii. Other relevant aspects (eg. local flora and fauna); and

iii. Themed street names. Where ‘themed’ names are proposed, a list of street names for the entire development must be submitted as part of the Operational Works application for Stage One of the development;

b. Are nouns and generally contain one (1) word. Composite words may be acceptable when they supplement the primary name; and

c. Are unique and unambiguous to the Bundaberg Regional Council local government area.

(Note: where a street is extended, the new section created will retain the name of the street extended.)

25. Supply and erect all necessary street signs and posts.

Electricity, Street lighting and Telecommunications

26. Enter into an agreement with an approved electricity provider, to ensure that underground electricity will be available to each lot under standard tariff conditions and without further capital contributions. Provide evidence of such an agreement, along with associated bonding arrangements, to the Assessment Manager prior to the approval of the Plan of Subdivision.

27. Design and provision of street lighting must be in accordance with Australian Standard 1158. The applicable lighting category is P4 unless negotiated otherwise with Council prior to lodgment of the first application for operational work.



28. Enter into an agreement with the Telecommunications Authority or Cable Service provider (whichever is applicable) to ensure that telecommunication/cable services will be available to each lot. Provide evidence of such an agreement to the Assessment Manager prior to the approval of the Plan of Subdivision.

29. Telecommunication conduits (ducts) and pits, including trenching and design, must be provided to service the development in accordance with 'Fibre-Ready' standards or the NBN Co Installing Pit and Conduit Infrastructure - Guidelines for Developers, to the satisfaction of the Assessment Manager.

Easements

30. Lodge the following easements with the titles office:

a. stormwater drainage easements in gross that includes:

i. all stormwater overland flow paths traversing the land;

ii. minimum width of three (3) metres through residential lots or as determined in an application for Operational Work;

iii. Q100 ARI stormwater overland flow paths traversing the site;

iv. any stormwater main existing or proposed to traverse the land located within the easement and a minimum of one (1) metre from the easement boundary;

v. all Q100 ARI stormwater overland flow paths downstream of the land to the lawful point of discharge;

vi. Eighty (80) metres minimum width easements along the boundary with the Bundaberg Ring Road over all freehold land within the development;

b. an easement in gross for stormwater over the proposed stormwater detention basin and associated treatment facilities as identified on the approved documents or as determined in any approval for operational works;

c. an easement in gross for sewerage having a minimum width of three (3) metres over each sewerage main;

31. Prior to lodging a survey plan that includes or should include easement/s, obtain written confirmation from the assessment manager that easement documentation is acceptable to the Assessment Manager.

32. All works must be kept clear of any existing easements on the subject land, unless agreed otherwise in writing by the Grantee.

33. Each existing easement must be surrendered prior to creating residential lots that would otherwise be parties to said existing easements. Evidence of surrender of redundant easements must be submitted to the Assessment Manager at the time of the submission of any related Plan of Subdivision lodged for compliance assessment.

Additional Payment Condition

34. Pay an amount for the provision of the trunk infrastructure necessary to service the development as conditioned by this approval equal to the amount that the establishment cost of the trunk infrastructure exceeds the value of the levied charges.





A. Please find attached the Infrastructure Charges Notice (Register No: 331.2014.579.1) applicable to the approved development.

Rates and Charges

B. In accordance with the Sustainable Planning Act 2009, all rates, charges or any expenses being a charge over the subject land under any Act must be paid prior to the Plan of Subdivision being endorsed by the Assessment Manager.

Sewerage

C. The top reach of each sewerage main should be laid no flatter than 1 in 80 until a minimum of 6 lots are serviced and each remaining reach must be laid no flatter than 1 in 150. Alternative grades may be considered if the certifying RPEQ can demonstrate sufficient flushing velocities through an alternative approach.

D. The cul-de-sac verge and associated road dedication may be shared between the subject land and Lot 46 on SP209643.

PART 1C – PROPERTY NOTES

A. Development Approval 321.2013.39631.1 – Rural Activity

The following notation applies to approved Lots 1-16, 20 and 35:

All future purchasers of the subject land should note that there is a rural activity adjacent to the land and such activity takes precedence over the residential usage of the subject land.

PART 2—CONCURRENCE AGENCY CONDITIONS The Queensland Department of Infrastructure, Local Government and Planning, by Amended Concurrence Agency letter dated 30 June 2015 (copy letter attached for information). Seconded by Cr JA Peters. The Motion was then put - and carried unanimously.




Item Number:

L5

File Number:

321.2015.43354.1

Part:


Portfolio:


Subject:

27 Kirbys Road, Kalkie - Reconfiguring a Lot (1 into 3 Lots)

Summary:


PROPOSAL Development Permit for Reconfiguring a Lot (1 into 3 Lots)

APPLICANT RJ Bauer & KA Bauer

OWNER RJ Bauer & KA Bauer

PROPERTY DESCRIPTION Lot 6 RP812667

ADDRESS 27 Kirbys Road, Kalkie

PLANNING SCHEME Planning Scheme for Bundaberg City

ZONING Non-Urban Zone (Local Area 6)

OVERLAYS Acid Sulfate Soils, Bundaberg Airport

LEVEL OF ASSESSMENT Impact

SITE AREA 20.24ha

CURRENT USE Single Dwelling Unit

PROPERLY MADE DATE 4 June 2015

STATUS The 20 business day decision period ends on 4 November 2015

REFERRAL AGENCIES Nil.

NO OF SUBMITTERS One (1) Submitter

PREVIOUS APPROVALS Nil.


25 June 2015


Resolution Cr CR Sommerfeld moved:- That consideration of this Item be deferred, pending further discussions between the Applicant and Council. Seconded by Cr DJ Batt. The Motion was then put - and carried unanimously.




Item Number:

R1

File Number:

Part:

Meeting Close

Subject:

Meeting Close

There being no further business – the Chairman declared this Planning Committee Meeting closed at 11.53 am.

Confirmed this fifteenth day of December 2015. CHAIRMAN