23 january 2013 the trustee for paul & jan dwyer family ... · assessment manager conditions ....

OUR REF: DA-2012-436

23 January 2013 The Trustee For Paul & Jan Dwyer Family Trust C/- RPS Group (Mackay) Pty Ltd PO Box 1895 MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: The Trustee For Paul & Jan Dwyer Family Trust Proposal: Combined Application - Material Change of Use -

Dwelling House (x4) & Reconfiguration of a Lot - 1 Urban Residential Lot into 4 Lots

Application Number: DA-2012-436 Address: 21 Smith Street, WEST MACKAY QLD 4740 Property Description: Lot 12 on RP711333 Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Approved Plans Appeal Rights Notice to Commence Use Infrastructure charges are applicable on this approval. A separate Infrastructure Charge Notice accompanies this Decision Notice. If you require any further information, please contact Brogan Jones.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Application Number: DA-2012-436

Date of Decision: 16 January 2013

1. APPLICANT/S DETAILS

Name: The Trustee For Paul & Jan Dwyer Family Trust

Postal Address:

C/- RPS Group (Mackay) Pty Ltd

PO Box 1895

MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address: 21 Smith Street, WEST MACKAY QLD 4740

Property Description: Lot 12 on RP711333

3. OWNER’S DETAILS

Tashany Pty Ltd

4. PROPOSAL

Combined Application - Material Change of Use - Dwelling House (x4) & Reconfiguration of a Lot - 1 Urban Residential Lot into 4 Lots

5. DECISION TYPE

DEVELOPMENT DECISION Material Change of Use Development Permit Reconfiguration of a Lot Development Permit

Approved in Full subject to Conditions


Decision Notice


6. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

7. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this Application.

8. SUBMISSIONS

There were no properly made submissions received on this application.

9. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Operational Works – Development Permit (Civil Works) Operational Works Construction – Compliance Certificate (Civil Works) Building Works – Development Permit Plumbing and Drainage Works – Compliance Permit

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

14. APPEALS Attached is an extract from the Sustainable Planning Act which details your appeal rights and the

appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date


leahs

Typewritten Text

23-1-13

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2012-436 Applicant’s Name: The Trustee For Paul & Jan Dwyer Family

Trust Decision Date: 16 January 2013

Page 1 of 8

RECONFIGURATION OF A LOT CONDITIONS 1. Plan of Development

The approved Reconfiguration of a Lot – 1 Urban Residential Lot into 4 Lots must generally comply with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Drawing # Title Rev Prepared by Date

114320-1-P01 Proposal Plan A RPS Mackay 30.8.12

2. Compliance with Conditions

All conditions must be complied with prior to the endorsement of the plan of subdivision, this includes compliance with the Material Change of Use conditions, unless specified in an individual condition. Council will not endorse the survey plan for the reconfiguration until such time as the Material Change of Use has commenced.

3. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Specifications.

4. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawings(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

5. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written conditions(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.




Page 2 of 8

6. Electricity Services

The developer must provide overhead reticulated power to all proposed lots. The developer must provide to Council one of the following, prior to the endorsement of the Plan of Subdivision:

a) A copy of a Certificate of Electrical Supply from the Distribution Network Service Provider (Ergon Energy) or;

b) A copy of a Certificate of Acceptance from the Distribution Network Service Provider (Ergon Energy)

Any substations, ring main units and distribution cabinets, must be located clear of footpath areas and parkland areas.

7. Telecommunications Services

All proposed lots must be connected to telecommunications and written evidence from the telecommunications service provider to demonstrate the connection must be provided prior to the endorsement of the Plan of Subdivision. Above ground installations are to be located clear of footpath areas and parkland areas.

8. Damage

The developer is responsible for the repair of any damage which is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. Council must be notified immediately and will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

9. Allotment and Verge Gradings

a) Unless otherwise approved by Council, allotments must be drained from the rear boundary to front street in accordance Council’s Standard Drawing A3-870.

Allotment and verge grades as follows: Allotments: Minimum 1:200

Maximum 1:12 Verges: Preferred 1:50




Page 3 of 8

b) The site must be graded so that it is free draining. 10. Water Connection

Separate water connections must be installed for the newly created Lots in accordance with Council’s Engineering Design Guidelines.

11. Sewer Reticulation

a) A sewerage system must be provided as shown on the application drawing in accordance with Council’s Engineering Design Guidelines connecting to the existing sewer main in Lot 101 SP115936.

i. A 3.0m easement must be provided in accordance with Council’s engineering Design Guideline – Planning Scheme Policy No. 15.14 “Sewerage System Design”.

ii. The applicant must demonstrate that written approval has been obtained from the adjoining land owner prior to approval of the Operational Works application.

b) Alternatively a sewer system must be provided along the sought eastern (front)

boundary of lots 1 - 4. i. The applicant must demonstrate that written approval has been obtained

from the adjoining land owner prior to approval of the Operational Works application.

12. Live Water and Sewerage Connections

Council is to carry out all water and live sewer connections at the developer’s expense.

13. Existing House Drain

The existing house drain is to be disconnected. A sewer disconnection form is to be submitted to Mackay Water Services and the appropriate fees paid.




Page 4 of 8

MATERIAL CHANGE OF USE CONDITIONS 14. Plan of Development

The approved Material Change of Use – Dwelling House (x4) must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Job #/ Drawing #

Title Rev Prepared by Date

4288/SK-01 Proposed Site Layout Plan A KDW Design 9.11.12

4288/SK-02 Proposed Lower Level A KDW Design 9.11.12

4288/SK-03 Proposed Upper Level A KDW Design 9.11.12

4288/SK-04 South-East and North-

East Elevations A KDW Design 9.11.12

4288/SK-05 North-West and South-

West Elevations A KDW Design 9.11.12

4288/SK-06 Landscape Intent Plan A KDW Design 9.11.12

4288/SK-07 Eastern and Western View A KDW Design 9.11.12

4288/SK-08 Corner View A KDW Design 9.11.12

15. Compliance with Conditions

All conditions must be complied with prior to the occupancy of the building for the approved use, unless specified in an individual condition. The dwellings cannot be occupied until the proposed lots have been created as the use approved is for a Dwelling House i.e. single dwelling on a lot.

16. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawing(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.




Page 5 of 8

17. Conflict between plans and written conditions

Where a discrepancy or conflict exists between the written condition(s) of the approval and the approved plans, the requirements of the written condition(s) will prevail.

18. Notice of Intention to Commence the Use

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

19. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

20. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Specifications.

21. Invert Crossing

a) Invert crossings must be provided for all proposed Lots, in accordance with Council’s Standard Drawing A3-773.

b) All redundant invert crossings must be removed and the kerb and channel reinstated to match the existing kerb and channel.

c) The location of the invert crossing for the proposed Lots must be in accordance with the attached Drawing SK 1 REV A.

22. Stormwater Drainage

Stormwater must be designed and constructed in accordance with Council’s Engineering Guidelines - Stormwater Drainage Design - Planning Scheme Policy 15.05 and must provide drainage to a lawful and practical point of discharge being the Kerb and Channel in Field Street.

23. Ponding and Diversion of Stormwater

a) Ponding of stormwater resulting from the development must not occur on adjacent properties.




Page 6 of 8

b) Stormwater formerly flowing onto the site must not be diverted onto other properties.

24. On-site Detention

The developer is to provide on-site stormwater detention so that when the site is fully developed the peak discharge for a range of storm events as nominated in QUDM Section 5.04.3, will not exceed the existing situation. An on-site detention system must be constructed to attenuate the specified ARI’s, to be no greater after the proposed development than before. A detailed design of this system must be submitted as part of the Operational Works application.

25. Landscaping

Landscaping, generally in accordance with SK-06 Landscape Intent Plan, must be completed before the development is occupied.

26. Visual Screen Fence

A 1.8m high visual screen fence along the side and rear boundaries must be constructed. The fence must be tapered to a height of 1.2 metres within 6 metres of the front alignment. The total cost of this fencing to be met by the developer.

27. Waste Storage Area

The waste storage area must be provided in the location shown on the approved plan and must comply with the following:

contain an impervious surface; contain sufficient storage space for the storage of 240 litre refuse and

recycling bins for each unit. ASSESSMENT MANAGER’S ADVICE

1. Local Laws

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




Page 7 of 8

2. Hours of Work

It is the applicant/owner’s responsibility to ensure compliance with Section 440R of the Environmental Protection Act 1994, which prohibits any construction, building and earthworks activities likely to cause audible noise (including the entry and departure of heavy vehicles) between the hours of 6:30pm and 6:30am from Monday to Saturday and at all times on Sundays or Public Holidays.

3. Dust Control

It is the applicant/owner’s responsibility to ensure compliance with Section 319 General Environmental Duty of the Environmental Protection Act 1994, which prohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour or smoke beyond the boundaries of the property during all stages of the development including earthworks and construction.

4. Sedimentation Control

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3C of the Environmental Protection Act 1994 to prevent soil erosion and contamination of the stormwater drainage system and waterways.

5. Noise During Construction and Noise in General

It is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3B of the Environmental Protection Act 1994.

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.




Page 8 of 8

7. Contaminated Land

It is strictly the applicant/owner’s responsibility to source information regarding contaminated land from the Department of Environment and Heritage Protection, Contaminated Land Section as Council has not conducted detailed studies and does not hold detailed information pertaining to contaminated land.

8. Adopted Infrastructure Charges Notice

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

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


114320-1-P01 A

CONTOUR & DETAIL SURVEY

(A3)

HOWARD

MACKAY

CARLISLE

MACKAY REGIONAL COUNCIL

PAUL & JAN DWYER FAMILY TRUST

1:200 27/08/2012 114320-1

JS 21/08/2012

-- --

GJW

RP

Cadastral IS182241

AHD OPM20071RL7.233

0.2m

27/08/2012

30/08/2012

21 SMITH STREET, MACKAYLot 12 on RP711333

1 of 11:1000

not permitted. Please contact the author.

Unauthorised reproduction or amendment

COPYRIGHT PROTECTS THIS PLANC

+61 7 4953 3577

+61 7 4953 3622

Mackay QLD 4740

Level 1, 38 Wellington Street

PO Box 1895

ACN 140 292 762

ABN 44 140 292 762

TF

W

RPS Australia East Pty Ltd

rpsgroup.com.au

IMPORTANT NOTE

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

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

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

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

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

claim arising out of or incidental to:

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

b. RPS Australia East Pty Ltd relying on information provided to it by the Client or a Third Party where the

information is incorrect, incomplete, inaccurate, out-of-date or unreasonable;

c. any inaccuracies or other faults with information or data sourced from a Third Party;

d. RPS Australia East Pty Ltd relying on surface indicators that are incorrect or inaccurate;

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

Ltd;

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

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

Australia East Pty Ltd in this plan.

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

this note is clearly displayed on the plan.

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

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

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


broganj

Manual DA & Date

5°

5°5°

5° 5°

5°

5°

5°

LOT 1

LOT 2LOT 3LOT 4

FIELD STREET

SMIT

H ST

REET

LOT AREA m² GFA m² SITE COVERAGE %

1 199.4 124.2 40.45

2 203.5 113.15 34

3 203.5 113.15 34

4 203.5 113.15 34

Drawing Status: Job No.

Date: Dwg No. Rev

Drawing Title: Scale:General Notes1. Copyright in all documents, drawings and in any works executed from them shall remain the property of KDW or on creation vest with KDW.

2. Do not scale.

3. Dimensions, levels, etc. to be verified on site prior to the commencement of work.

4. Any discrepancies to be reported to KDW for resolution before carrying out the work.

DATUM

DESIGNED

DRAWN

CHECKED

APPROVED

DATEINITIALSCOMMENTSDATEREVISION

REVISION SCHEDULEJob Name:Client Details:

4288

PROPOSED RESIDENTIALDEVELOPMENT

21 SMITH STREETMACKAY

TASHANNY P/LATF THE PAUL ANDJAN DWYER FAMILY TRUST

1 : 200Proposed Site Layout Plan

PRELIMINARY

09.11.2012 SK-01

Designer

Author

Checker

Approver

NORTH

1 : 200

Proposed Site Layout Plan1

AThis is a Mackay Regional Council Digitally Signed Document

broganj

Manual DA & Date

DINING

LIVING

UP

10100 10100 10100 1031620

117

FIELD STREET

SMIT

H ST

REET

GARDENGARDENGARDEN

GARDEN

ENTRY ENTRY ENTRY

ENTRY

GARDENGARDEN GARDEN

pant

rylau

ndry

pant

rylau

ndry

ref ref

pant

rylau

ndry

ref

KITCHENKITCHENKITCHEN

DININGDININGDINING

LIVINGLIVINGLIVING

pant

rylau

ndry

KITCHEN

ref

ALFRESCODINING

ALFRESCODINING

6017

6000

8100

ALFRESCODINING

line of balcony over

ALFRESCODINING

5000

l WAT

ERTA

NK

5000

l WAT

ERTA

NK

5000

l WAT

ERTA

NK

5000l WATERTANK

stor

age

(4.0w

x 2

.0h x

.75d)

storage(2.8w x 2.2h x 1.0d)

stor

age

(4.0w

x 2

.0h x

.75d)

stor

age

(4.0w

x 2

.0h x

.75d)

1400 4200 4500 4500 4200 1400 1400 4200 4500 6000 4316

2016

9610

4340

7925792579257925

6315

5660

1611

6


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




1 : 100Proposed Lower Level

PRELIMINARY

09.11.2012 SK-02

HC

HC

HC

HC

1 : 100

Proposed Lower Level1 NORTH


broganj

Manual DA & Date

820

820

SD

SD

wc b

shr

wc

b

shr

robe

robe

BED 1

BED 2

ENS

ENS

wcb

shr

linenrobe

robe

BED 1

BED 2

BATHROOM

BALCONY BALCONY

DOWN

820

SD

BED 3

820

DOWN

wcb

shr

BED 1

BED 2

ENS

ENS

BED 1

BED 2

ENSEN

Sb

shr

wc

b

shr

robe

robe

linen

DOWN

820

SD

b

shr

wc

b

shr

robe

robe

linen

DOWN

820

SD

wc wc

SD SD 820

820820

820 820

820

SD

robe

3.2 x 2.1m

3.2 x 2.7m

3.2 x 3.1m

BALCONY BALCONY

2000

5600 4500 4500 5600 5600 4500 4520

1450

9750

4400

1450

1215

0

1450

9750

4400

1450

9750

4400

4567

4567

4567

4567

5796


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




1 : 100Proposed Upper Level

PRELIMINARY

09.11.2012 SK-03

HC

HC

HC

HC

1 : 100

Proposed Upper Level1 NORTH


broganj

Manual DA & Date

Proposed Lower Level 7925

Proposed Upper Level 10625

5° skillion roof with colorbond sheeting

timber batten screen

painted FC sheetingstainless steel wire balustradewith timber handrail

timber posts


Ecogroove 150 selflok weatherboardcladding to facade by Weathertex

Glass louvreB

OU

ND

AR

Y

BO

UN

DA

RY

timber posts

BO

UN

DA

RY Ecogroove 150 selflok

weatherboard cladding tofacade by Weathertex

Panel Lift / Roller Garage Door

from

FF

L to

top

of r

oof

6401

LOT 4 LOT 3 LOT 2 LOT 1


Proposed Upper Level 10625BO

UN

DA

RY

BO

UN

DA

RY

5° skillion roof withcolorbond sheeting


Ecogroove 150 selflokweatherboard cladding tofacade by WeathertexGlass louvre

timber posts

stainless steel wirebalustrade withtimber handrail

timber posts on stirrups

feature surroundto windows

Painted FC sheetingto facade

from

FF

l to

roof

5250

from

FF

L to

top

of p

arap

et

2700

from

FF

L to

roo

f

6401

Panel Lift / RollerDoor to garage

Painted FC sheetingto facade

BO

UN

DA

RY


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




1 : 125Proposed Elevations

PRELIMINARY

09.11.2012 SK-04

Designer

Author

Checker

Approver

1 : 125

South-East Elevation1

1 : 125

North-East Elevation2


broganj

Manual DA & Date



BO

UN

DA

RY

BO

UN

DA

RY

BO

UN

DA

RY

from

FF

L to

top

of p

arap

et

3000

5° skillion roof with colorbond sheeting

painted FC sheeting


timbr batten screen

timber post

stainless steel wirebalustrade with timbehandrail

fire rated wall

WATER TANK

WATERTANK

WATERTANK

WATERTANK

from

FF

L to

roo

f

5325

from

FF

L to

roo

f

6401

LOT 1 LOT 2 LOT 3 LOT 4



5° skillion roof withcolorbond sheeting

stainless steel wirebalustrade with timberhandrail



timber posts

painted FC sheeting

WATER TANK

BO

UN

DA

RY

BO

UN

DA

RY

from

FF

L to

roo

f

6398

from

FF

L to

roo

f

5325


timber posts


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




1 : 125Proposed Elevations

PRELIMINARY

09.11.2012 SK-05

Designer

Author

Checker

Approver

1 : 125

North-West Elevation1

1 : 125

South-West Elevation2


broganj

Manual DA & Date

7925792579257925

Rafus Palms @ 1/m²

Rafus Palms @ 1/m²

Philodendron Xanadu 2-3 @ 1/m²

1 x Sabal Palmetto @ 100l

Rafus Palms @ 1/m²

Sir Walter Turf

Concrete Pavers

1 x Sabal Palmetto2 x Livistona Australis,both @ 100l

3 x Cordyline Rubra +3 x Strelizia, alternating

Hymenocallis Littoralis @ 2/m²


Sir Walter Turf

1 x Livistona Australis, @ 100l

NOTE:EDGE TO ALL PLANTING W/75mmMULCH TO ALL GARDEN BEDS

NOTE:CONTRACTOR TO ENSURE ALLPLANTING COMPLIES WITHAUSTRALIAN STANDARDS

NOTE:ACOUSTING FENCING TOBOUNDARIES TO BE WITH AMINIMUM DENSITY OF 10kg/m²E.G. 25mm THICK PINE PALINGSBUTT JOINT WITHOUT GAPSTHEN OVERBATTENED ON THEJOIN WITH ANOTHER 25mmTHICK PALING NOMINALLY 2mHIGH WITH NO GAP UNDER

Rafus Palms @ 1/m²



Sir WalterTurf

Concrete Pavers

Sir Wlter Turf

Rafus Palms @ 1/m²

Concrete Driveway - ramp tocomply with AS and Mackay CCPlanning Regulations

ConcretePavers

Rafus Palms @ 1/m²


Hymenocallis Littoralis@ 2/m²

Rafus Palms @ 1/m²

Concrete Driveway - ramp tocomply with AS and Mackay CCPlanning Regulations

Sir Walter Turf

Sir Walter Turf

Sir Walter Turf

Concrete Pavers

Concrete Pavers Concrete Driveway

water tank

wat

er ta

nk

wat

er ta

nk

wat

er ta

nk

NOTE:ALL ACCESS DRIVEWAYS ASPER CIVIL ENGINEERSDETAILS & SPECIFICATION


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




1 : 150Landscape Intent Plan

PRELIMINARY

09.11.2012 SK-06

Designer

Author

Checker

Approver

1 : 150

Landscape Intent Plan1


broganj

Manual DA & Date


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




Perspectives

PRELIMINARY

09.11.2012 SK-07

Designer

Author

Checker

Approver

Eastern View1

Western View2


broganj

Manual DA & Date


Date: Dwg No. Rev


2. Do not scale.



DATUM

DESIGNED

DRAWN

CHECKED

APPROVED



4288




Corner View

PRELIMINARY

09.11.2012 SK-08

HC

HC

HC

HC

Corner View1


broganj

Manual DA & Date

Decision Notice


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court:

Division 8 – Appeals to court relating to development applications 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii)the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter. 463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i)a material change of use of premises for aquaculture; or (ii)operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.


Decision Notice


NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2012-436

Date of Approval 16 January 2013

Approved Combined Application - Material Change of Use - Dwelling House (x4) & Reconfiguration of a Lot - 1 Urban Residential Lot into 4 Lots

Location 21 Smith Street, WEST MACKAY QLD 4740

Property Description Lot 12 on RP711333 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: The Trustee For Paul & Jan Dwyer Family Trust Address: C/- RPS Group (Mackay) Pty Ltd, PO Box 1895, MACKAY

QLD 4740

_________________________________________ Signature of Applicant Date: ______________


23 january 2013 the trustee for paul & jan dwyer family ... · assessment manager conditions ....

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