ord/4 confirmation of minutes ord/4.1 adopt minutes ... · 1. the unconfirmed minutes of the...
TRANSCRIPT
Ordinary Meeting of Council Minutes - Wednesday, 21 January 2015.
Page 8
ORD/4 CONFIRMATION OF MINUTES
ORD/4.1 Adopt Minutes Ordinary Meeting of Council 17 December 2014 To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 14/6/4, 23/1/1 Date 22 December 2014 Authored by P.A. Berting, CHIEF EXECUTIVE OFFICER Responsible Manager P.A. Berting, CHIEF EXECUTIVE OFFICER Responsible General Manager P.A. Berting, CHIEF EXECUTIVE OFFICER
Summary/Purpose
The purpose of this Report is for Council to adopt the Minutes of the Ordinary Meeting of Council held on Wednesday, 17 December 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 17 December
2014, copies of which have been circulated to Members, be taken as read and confirmed. Justification Nil Link to Corporate Plan Nil
Ordinary Meeting of Council Minutes - Wednesday, 21 January 2015.
Page 9
ORD/4 CONFIRMATION OF MINUTES ORD/4.1 Adopt Minutes Ordinary Meeting of Council 17 December 2014
…(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. O.G. Moore That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 17 December
2014, copies of which have been circulated to Members, be taken as read and confirmed with the following amendment:
In relation to ORD.CONF.CCS/8.2.1 Corporate and Community Support Confidential Report Proposed Gravel Haul Road Special Charges Concessions (Page 14): Delete - "2. Council resolve to levy the Gadsby's Road Special Charge on Assessment No. 15392 for the
period 1 July 2014 to 30 June 2015." Insert - "2. Council resolve to levy the Gadsby's Road Special Charge on Assessment No. 51392 for the
period 1 July 2014 to 30 June 2015."
CARRIED
Ordinary Meeting of Council Minutes
Held at Western Downs Regional Council's Jandowae Customer Service Centre
On Wednesday, 17 December 2014
Commencing at 09:30 AM
P A BERTING PSM
CHIEF EXECUTIVE OFFICER Thursday, 18 December 2014.
Ordinary Meeting of Council Minutes Wednesday, 17 December 2014.
ORDER OF BUSINESS:
Item Precis File No Page
DECLARATION OF MEETING OPENING 7
PRESENT 7
ORD/1 OPENING PRAYER AND MINUTE SILENCE 7
ORD/2 APOLOGIES 7
ORD/3 CONGRATULATIONS 7
ORD/4 CONFIRMATION OF MINUTES 8
ORD/4.1 Adopt Minutes Ordinary Meeting of Council 3 December 2014
14/6/4 8
ORD/5 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETINGS
10
ORD/5.1 Information Session Management of Preferred Supplier List
13/1/26 10
ORD/5.2 Support of Local Businesses and Businesses within the Region
13/1/2 10
ORD/6 PRESENTATION OF PETITIONS BY COUNCILLORS 11
ORD/6.1 Presentation Petition No Brothel for Chinchilla 14/6/3 11
ORD/7 PRESENTATION OF MAYORAL UPDATE 11
CONFIDENTIAL MINUTE ITEMS 12
ORD.CONF.EXS/8.1 EXECUTIVE SERVICES CONFIDENTIAL REPORTS 13
ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL REPORTS
14
ORD.CONF.CCS/8.2.1 Corporate and Community Support Confidential Report Proposed Gravel Haul Road Special Charges Concessions
23/1/1 14
ORD.CONF.CCS/8.2.2 Corporate and Community Support Confidential Report 2015 Australia Day Awards
3/3/2 16
ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
18
ORD.CONF.IS/8.3.1 (030.2014.830.001) Infrastructure Services Confidential Report Submissions Received to Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) at Lot 1322 on A341872 15 Farquharsons Road Bell Ferrier
A41428 & 8/5/10, Doc.
No. 030.2014.830.
001
18
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
Item Precis File No Page
ORD.CONF.IS/8.3.2 (030.2014.847.001) Infrastructure Services Confidential Report Submission Received to Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd
A14089 & 8/5/10, Doc.
No. 030.2014.847.
001
20
ORD.CONF.IS/8.3.3 Infrastructure Services Confidential Report Town of Dalby Flood Mitigation Floor Level Survey Costs
27/8/1 22
ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Dalby CBD Road Safety Review Cunningham Street
26/3/5 24
ORD.CONF.IS/8.3.5 Infrastructure Services Confidential Report Tender No. 6.2/1/14-15 Construction Chinchilla Trunk Drainage (Stage 2) South Eastern Corner Showgrounds To Zeller Street Extending Into Wheeler Street
27/3/1 26
ORD.CONF.IS/8.3.5.1 Strategy Session Criteria for Tender Evaluation Capital Projects
13/1/26 28
MINUTE ITEMS FOR DECISION 29
ORD.EXS/9.1 EXECUTIVE SERVICES REPORTS 29
ORD.CCS/9.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
29
ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS 30
ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier
A41428 & 8/5/10, Doc.
No. 030.2014.830.
001
30
ORD.IS/9.3.2 (030.2014.847.001) Infrastructure Services Report Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd
A14089 & 8/5/10, Doc.
No. 030.2014.847.
001
49
ORD.IS/9.3.3 (030.2014.602.001) Infrastructure Services Report Material Change of Use Multiple Dwelling (4 Dwelling Units) at Lot 1 on RP111074 23 Covington Street Chinchilla Medicines Review Consultants Pty Ltd
A10821 & 8/5/11, Doc.
No. 030.2014.602.
001
70
ORD.IS/9.3.4 (030.2013.1505.001) Infrastructure Services Report Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condamine EnviroAg
A21832, A21216 &
8/5/10, Doc. No.
030.2013.1505.001
74
ORD.IS/9.3.4.1 Hours of Operation Existing Lot Feeding Operation Glenolive Road Miles McLennans Road Condamine 5502 Kogan Condamine Road Condamine
A21832, A21216 &
8/5/10
120
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
Item Precis File No Page
ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd
A21446 & 8/5/10, Doc.
No. 030.2014.501.
001
121
ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham
A12047 & 8/5/10, Doc.
No. 050.2014.383.
001
140
ORD.IS/9.3.7 (035.2014.1039.001) Infrastructure Services Report Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright
A42662 & 8/5/31, Doc.
No. 035.2014.1039
.001
148
ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd
A12325 & 8/5/31, Doc.
No. 035.2012.1125
.001
160
MINUTE ITEMS FOR DISCUSSION 191
ORD.EXS/10.1 EXECUTIVE SERVICES REPORTS 191
ORD.EXS/10.1.1 Executive Services Report Toowoomba Surat Basin Enterprise International Business Conference Trip (Houston) February 2015
17/5/5 191
ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
193
ORD.CCS/10.2.1 Corporate and Community Support Financial Report November 2014
13/1/29,13/6/2 193
ORD.CCS/10.2.2 Corporate and Community Support Report Proposed Change to Councillor Private Use of Council Vehicle Charge
14/4/6 194
ORD.CCS/10.2.2.1 Strategy Session Use of Motor Vehicles - Organisational Policy
1/2/3 196
ORD.CCS/10.2.3 Corporate and Community Support Report Petition Moonie Mobile Tower
14/6/3 197
ORD.CCS/10.2.4 Corporate and Community Support Report Best Start Family Literacy Initiative
4/1/6;13/1/23 199
ORD.CCS/10.2.5 Corporate and Community Support Report Australia Pacific Liquefied Natural Gas Proposal for Tourism Planning and Infrastructure Development
9/2/1 201
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
Item Precis File No Page
ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS 203
ORD.IS/10.3.1 Infrastructure Services Report Prohibited Development under the Sustainable Planning Act 2009
8/5/40 203
ORD.IS/10.3.2 Infrastructure Services Report Petition Seeking Heavy Vehicle Alternative Route Benn Street Tara
14/6/3 & 28/7/3, Doc. No. 2481671
205
ORD.IS/10.3.3 Infrastructure Services Report Chinchilla Depot Master Plan
6/5/2 207
ORD.IS/10.3.4 Infrastructure Services Report Commercial Use of Roads Cunningham Street Dalby Busking Area
20/6/4, ECM Doc. Set No.
2558245
209
ORD.IS/10.3.5 Infrastructure Services Report Salvinia Eradication Strategy Program
12/12/3, ECM Doc. Set No.
2559068
212
ORD.IS/10.3.6 Infrastructure Services Report Review Gates and Grids Council Policy
26/1/10 & 26/3/6, Doc. No. 1542528
214
MINUTE ITEMS FOR NOTING 217
ORD.EXS/11.1 EXECUTIVE SERVICES REPORTS 218
ORD.EXS/11.1.1 Executive Services Monthly Report November 2014 5/9/3 218
ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions September 2013 to 19 November 2014
14/6/4 219
ORD.CCS/11.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
220
ORD.IS/11.3 INFRASTRUCTURE SERVICES REPORTS 221
ORD.IS/11.3.1 Infrastructure Services Monthly Report Planning Building and Plumbing November 2014
8/2/1, 8/9/4, 8/9/7 and
19/3/6
221
ORD.IS/11.3.2 Infrastructure Services Monthly Report Built Environment November 2014
26/3/6 222
NOTICES OF MOTION 223
ORD.NOM/12.1 CONSIDERATION OF NOTICES OF MOTION/BUSINESS
223
ORD.NOM/12.2 RECEPTION OF NOTICES OF MOTION FOR NEXT MEETING
223
URGENT GENERAL BUSINESS 223
ORD.UGB/13.1 URGENT GENERAL BUSINESS 223
ORD.UGB/13.1.1 Timeframe Works Order Rewrite and other associated financial programs
13/1/14 223
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
Item Precis File No Page
ORD.UGB/13.1.2 Christmas Message 14/6/4 224
MEETING CLOSURE 224
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
DECLARATION OF MEETING OPENING
The Chairperson declared the Meeting open at 09:30 AM.
PRESENT
Mayor Cr. R.C. Brown (Chairperson) Councillors Cr. A.G. Brame Cr. C.M. Hall (At 10:42 AM) Cr. R.B. Jamieson Cr. O.G. Moore Cr. G.M. Olm Cr. I.J. Rasmussen Cr. A.N. Smith Cr. C.T. Tillman Officers P.A. Berting, CHIEF EXECUTIVE OFFICER W. Cuskelly, MEETING SERVICES OFFICER Cr. C.M. Hall was not present at the commencement of the Meeting.
ORD/1 OPENING PRAYER AND MINUTE SILENCE
Pastor Geoff Sullivan from the Assembly of God Church delivered the opening prayer. This was followed by the observance of a minute silence.
ORD/2 APOLOGIES
Nil.
ORD/3 CONGRATULATIONS
Nil.
Page 7
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
ORD/4 CONFIRMATION OF MINUTES
ORD/4.1 Adopt Minutes Ordinary Meeting of Council 3 December 2014 To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 14/6/4 Date 5 December 2014 Authored by P.A. Berting, CHIEF EXECUTIVE OFFICER Responsible Manager P.A. Berting, CHIEF EXECUTIVE OFFICER Responsible General Manager P.A. Berting, CHIEF EXECUTIVE OFFICER
Summary/Purpose
The purpose of this Report is for Council to adopt the Minutes of the Ordinary Meeting of Council held on Wednesday, 3 December 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 3 December 2014,
copies of which have been circulated to Members, be taken as read and confirmed. Justification Nil Link to Corporate Plan Nil
Page 8
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD/4 CONFIRMATION OF MINUTES ORD/4.1 Adopt Minutes Ordinary Meeting of Council 3 December 2014
…(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. G.M. Olm That this Report be received and that: 1. The Unconfirmed Minutes of the Ordinary Meeting of Council held on Wednesday, 3 December 2014,
copies of which have been circulated to Members, be taken as read and confirmed with the following amendment: In relation to ORD.CONF.CCS/8.2.2 Corporate and Community Support Confidential Report Community Development Department Service Levels (Page 22): Delete -
"The AMENDMENT NO. 1 was PUT (4,4) The CHAIRPERSON used his CASTING VOTE and the MOTION was CARRIED
The AMENDMENT NO. 1 became the SUBSTANTIVE MOTION and was PUT and CARRIED
ABSENT. DID NOT VOTE - Cr. A.N. Smith" Insert -
"The AMENDMENT NO. 1 was PUT (4,4) FOR VOTE - Cr. I.J. Rasmussen, Cr. A.G. Brame, Cr. C.T. Tillman, Cr. R.C. Brown AGAINST VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. R.B. Jamieson, Cr. O.G. Moore
ABSENT. DID NOT VOTE - Cr. A.N. Smith The CHAIRPERSON used his CASTING VOTE and the MOTION was CARRIED
The AMENDMENT NO. 1 became the SUBSTANTIVE MOTION and was PUT and CARRIED
ABSENT. DID NOT VOTE - Cr. A.N. Smith"
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
Page 9
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
ORD/5 BUSINESS ARISING FROM THE MINUTES OF PREVIOUS MEETINGS
ORD/5.1 Information Session Management of Preferred Supplier List File No 13/1/26
Summary/Purpose
In relation to the Minutes of the Previous Meeting of 3 December 2014 and in particular, ORD.DEP/1.3 Deputation Moffatt Providing Services to Council (Page 24 of the Minutes), Cr. R.B. Jamieson requested that an Information Session be held in relation to the management of the Preferred Supplier List and the procurement of services and feedback provided to suppliers on that list.
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. C.T. Tillman That an Information Session be held in relation to the management of the Preferred Supplier List and the procurement of services and feedback provided to suppliers on that list.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
ORD/5.2 Support of Local Businesses and Businesses within the Region
File No 13/1/2
Summary/Purpose
In relation to the Minutes of the Previous Meeting of 3 December 2014 and in particular, ORD.DEP/1.3 Deputation Moffatt Providing Services to Council (Page 24 of the Minutes), Cr. O.G. Moore requested that a Report be prepared for Council reviewing Council's expenditure and advising the value of payments made to local businesses and businesses within the Region.
COUNCIL RESOLUTION
MOVED by Cr. O.G. Moore and seconded by Cr. G.M. Olm That a Report be prepared for Council reviewing Council's expenditure and advising the value of payments made to local businesses and businesses within the Region.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
Page 10
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
ORD/6 PRESENTATION OF PETITIONS BY COUNCILLORS
ORD/6.1 Presentation Petition No Brothel for Chinchilla File No 14/6/3
Summary/Purpose
Councillor R.B. Jamieson presented a Petition titled "No brothel for Chinchilla". The Petition has 12 signatories and requests Council to reject any application for a brothel in Chinchilla.
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. G.M. Olm That the Petition be received.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
ORD/7 PRESENTATION OF MAYORAL UPDATE
Nil.
Page 11
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS Section 275 of the Local Government Regulation 2012 in relation to Closed meetings provides:
(1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss-
(a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government's budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving the local government; or (g) any action to be taken by the local government under the Planning Act, including deciding
applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the
local government or someone else, or enable a person to gain a financial advantage.
(2) A resolution that a meeting be closed must state the nature of the matters to be considered while the meeting is closed.
(3) A local government or committee must not make a resolution (other than a procedural resolution) in a
closed meeting. COUNCIL RESOLUTION - CLOSE MEETING MOVED by Cr. A.N. Smith and seconded by Cr. G.M. Olm That Council resolve to close the Meeting in accordance with Sections 275 (1) (d), (e), (g) and (h) of the Local Government Regulation 2012 at 09:50 AM to discuss the following Confidential Reports: 1. ORD.CONF.CCS/8.2.1 Corporate and Community Support Confidential Report Proposed Gravel Haul
Road Special Charges Concessions; 2. ORD.CONF.CCS/8.2.2 Corporate and Community Support Confidential Report 2015 Australia Day
AwardsORD.CONF.IS/8.3.1 (030.2014.830.001) Infrastructure Services Confidential Report Submissions Received to Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) at Lot 1322 on A341872 15 Farquharsons Road Bell Ferrier;
3. ORD.CONF.IS/8.3.2 (030.2014.847.001) Infrastructure Services Confidential Report Submission Received to Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd;
4. ORD.CONF.IS/8.3.3 Infrastructure Services Confidential Report Town of Dalby Flood Mitigation Floor Level Survey Costs;
5. ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Dalby CBD Road Safety Review Cunningham Street; and
6. ORD.CONF.IS/8.3.5 Infrastructure Services Confidential Report Tender No. 6.2/1/14-15
Construction Chinchilla Trunk Drainage (Stage 2) South Eastern Corner Showgrounds To Zeller Street Extending Into Wheeler Street.
CARRIED
ABSENT. DID NOT VOTE - Cr. C.M. Hall
Page 12
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS
COUNCIL RESOLUTION - REOPEN MEETING MOVED by Cr. G.M. Olm and seconded by Cr. C.T. Tillman That Council resolve to reopen the Meeting at 10:32 AM.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
ORD.CONF.EXS/8.1 EXECUTIVE SERVICES CONFIDENTIAL REPORTS
Nil.
Page 13
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS
ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL REPORTS
ORD.CONF.CCS/8.2.1 Corporate and Community Support Confidential Report Proposed Gravel Haul Road Special Charges Concessions
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 23/1/1 Date 12 November 2014 Authored by G. Wotton, REVENUE COORDINATOR Responsible Manager G. Hawkins, FINANCIAL OPERATIONS MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to propose the granting of concessions in relation to the Bennett's School Road/Undulla Creek Road, Gadsby's Road and Stanley Park Road Special Charges as levied in accordance with the 2014/2015 Revenue Statement and adopted Special Rates and Charges 2014/2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (d) of the Local Government Regulation 2012 (rating concessions) to discuss a confidential matter. That this Report be received and that: 1. Council resolve to grant a Special Charge Concession as follows:
(a) Assessment 31009 - Bennett's School Road/Undulla Creek Road Special Charge -
Concession of $92,193 for the period 1 July 2014 to 30 June 2015; (b) Assessment 51359 - Gadsby's Road Special Charge - Concession of $8,301 for the period 1
July 2014 to 30 June 2015; and (c) Assessment 51214 - Stanley Park Road Special Charge - Concession of $16,900.50 for the
period 1 July 2014 to 31 December 2014 and a further concession of $16,900.50 for the period 1 January 2015 to 30 June 2015 if the development does commence operation in that period; and
Page 14
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL
REPORTS ORD.CONF.CCS/8.2.1 Corporate and Community Support Confidential Report
Proposed Gravel Haul Road Special Charges Concessions …(Cont’d)
2. Council resolve to levy the Gadsby's Road Special Charge on Assessment No. 15392 for the period 1
July 2014 to 30 June 2015. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. I.J. Rasmussen That this Report be received and that: 1. Council resolve to grant a Special Charge Concession as follows:
(a) Assessment 31009 - Bennett's School Road/Undulla Creek Road Special Charge - Concession of $92,193 for the period 1 July 2014 to 30 June 2015;
(b) Assessment 51359 - Gadsby's Road Special Charge - Concession of $8,301 for the period 1
July 2014 to 30 June 2015; and (c) Assessment 51214 - Stanley Park Road Special Charge - Concession of $16,900.50 for the
period 1 July 2014 to 31 December 2014 and a further concession of $16,900.50 for the period 1 January 2015 to 30 June 2015 if the development does commence operation in that period; and
2. Council resolve to levy the Gadsby's Road Special Charge on Assessment No. 15392 for the period 1
July 2014 to 30 June 2015.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
Page 15
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL
REPORTS
ORD.CONF.CCS/8.2.2 Corporate and Community Support Confidential Report 2015 Australia Day Awards
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 3/3/2 Date 9 December 2014 Authored by L. Tyrrell, COMMUNITY SUPPORT SENIOR OFFICER Responsible Manager C. Murphy, COMMUNITY DEVELOPMENT MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with the Unconfirmed Minutes of the Western Downs Regional Council Australia Day Steering Group Meeting held on 12 December 2014 and to seek adoption of the recommendations of the Australia Day Steering Group in relation to the Assessment of the 2015 Australia Day Awards Nominations. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest In accordance with Section 173 of the Local Government Act 2009, Cr. I.J. Rasmussen declared a conflict of interest in respect to this matter due to relatives being nominated for an Australia Day Award. Having given due consideration to his position he determined that he would exclude himself from the debate and vote and left the Meeting at 10:34 AM. In accordance with Section 173 of the Local Government Act 2009, Cr. C.T. Tillman declared a conflict of interest in respect to this matter due to a relative being nominated for an Australia Day Award. Having given due consideration to her position she determined that she would exclude herself from the debate and vote and left the Meeting at10:34 AM.
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (h) of the Local Government Regulation 2012 (other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage) to discuss a confidential matter.
Page 16
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.CCS/8.2 CORPORATE AND COMMUNITY SUPPORT CONFIDENTIAL
REPORTS ORD.CONF.CCS/8.2.2 Corporate and Community Support Confidential Report 2015
Australia Day Awards …(Cont’d)
That this Report be received and that: 1. The unconfirmed Minutes of the Western Downs Regional Council Australia Day Steering Group
meeting held on 12 December 2014, be adopted; and 2. The recommendations of the Western Downs Regional Council Australia Day Steering Group in
relation to the Assessment of the 2015 Australia Day Nominations, be adopted as resolutions of Council; and
3. That details of award recipients shall remain under media embargo until 26 January 2015. Justification Nil Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region. Cr. I.J. Rasmussen and Cr. C.T. Tillman temporarily retired from the Meeting at 10:34 AM.
COUNCIL RESOLUTION
MOVED by Cr. A.G. Brame and seconded by Cr. O.G. Moore That this Report be received and that: 1. The Unconfirmed Minutes of the Western Downs Regional Council Australia Day Steering Group
Meeting held on 12 December 2014, be adopted; and 2. The recommendations of the Western Downs Regional Council Australia Day Steering Group in
relation to the Assessment of the 2015 Australia Day Nominations, be adopted as resolutions of Council; and
3. That details of award recipients shall remain under media embargo until 26 January 2015.
CARRIED FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. O.G. Moore,
Cr. R.C. Brown AGAINST VOTE - Nil
ABSENT. DID NOT VOTE - Cr. C.M. Hall, Cr. I.J. Rasmussen, Cr. C.T. Tillman
Cr. I.J. Rasmussen and Cr. C.T. Tillman returned from temporary absence at 10:35 AM.
Page 17
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS
ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.1 (030.2014.830.001) Infrastructure Services Confidential Report Submissions Received to Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) at Lot 1322 on A341872 15 Farquharsons Road Bell Ferrier
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A41428 & 8/5/10, Doc. No. 030.2014.830.001 Date 28 November 2014 Authored by R. McMullen, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the submissions received regarding the proposed development, the Officer's assessment of the merits of the submissions, and the recommendation in regard to the submissions.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2014.830.001 Applicant: Ranald Ross Ferrier Owner: R R and S R Ferrier Site Address: 15 Farquharsons Road, Bell Real Property Description: Lot 1322 on A341872 Zone: Rural Precinct: N/A Proposal: Material Change of Use to establish Intensive Animal Industry
(Feedlot - 149 SCU) Area of Land: 647,500m2 Submissions: Two (2)
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (g) of the Local Government Regulation 2012 (any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act) to discuss a confidential matter.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.1 (030.2014.830.001) Infrastructure Services Confidential Report
Submissions Received to Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) at Lot 1322 on A341872 15 Farquharsons Road Bell F …(Cont’d)
That this Report be received and that:
1. Council note the Report.
Justification
Nil
Link to Corporate Plan
Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. O.G. Moore
That this Report be received and that:
1. Council note the Report.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.2 (030.2014.847.001) Infrastructure Services Confidential Report Submission Received to Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A14089 & 8/5/10, Doc. No. 030.2014.847.001 Date 28 November 2014 Authored by K. Swepson, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the submission received regarding the proposed development, the Officer's assessment of the merit of the submission, and the recommendation in regard to the submission.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2014.847.001 Applicant: Bonnie Rock Transport Pty Ltd C/- Precinct Urban Planning Owner: Bonnie Rock Transport Pty Ltd Site Address: Aerodrome Road, Chinchilla Real Property Description: Lot 15 on SP195994 Zone: Rural Precinct: Rural B Proposal: Material Change of Use to establish a Storage Facility Area of Land: 10ha Submissions: One (1)
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (g) of the Local Government Regulation 2012 (any action to be taken by the local government under the Planning Act, including deciding applications to it under that Act) to discuss a confidential matter.
Page 20
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.2 (030.2014.847.001) Infrastructure Services Confidential Report
Submission Received to Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
That this Report be received and that: 1. Council note the Report. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. O.G. Moore and seconded by Cr. A.G. Brame That this Report be received and that: 1. Council note the Report.
CARRIED ABSENT. DID NOT VOTE - Cr. C.M. Hall
Page 21
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.3 Infrastructure Services Confidential Report Town of Dalby Flood Mitigation Floor Level Survey Costs
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 27/8/1 Date 9 December 2014 Authored by S.J. Forbes, CIVIL DESIGN COORDINATOR Responsible Manager S.M. Hegedus, TECHNICAL SERVICES MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with the costs of a Floor Level Survey for the area of Dalby that is shown on the 1% AEP Flood Map from the 2014 Flood Study prepared by Water Technology. This is approximately 3,700 buildings. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (e) of the Local Government Regulation 2012 (contracts proposed to be made by it) to discuss a confidential matter. That this Report be received and that: 1. Council accept the Quote and Appoint Surveyors @ Work to carry out a Floor Level Flood Survey for
affected homes in Dalby; and 2. Funding of $80,000 be provided for in the next Budget Review. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
Page 22
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.3 Infrastructure Services Confidential Report Town of Dalby
Flood Mitigation Floor Level Survey Costs …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. O.G. Moore and seconded by Cr. A.G. Brame That this Report be received and that: 1. Council accept the Quote and Appoint Surveyors @ Work to carry out a Floor Level Flood Survey for
affected homes in Dalby; and 2. Funding of $80,000 be provided for in the next Budget Review. FORESHADOWED MOTION Cr. C.T. Tillman foreshadowed that if the Motion on the floor failed, she would move:- That this Report "Lay on the Table" and a further Report be provided in relation to the possible uses of the information obtained.
The ORIGINAL MOTION was PUT (4,4) FOR VOTE - Cr. G.M. Olm, Cr. A.G. Brame, Cr. O.G. Moore, Cr. R.C. Brown
AGAINST VOTE - Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. C.T. Tillman ABSENT. DID NOT VOTE - Cr. C.M. Hall
The CHAIRPERSON used his CASTING VOTE and the MOTION was CARRIED
Page 23
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Dalby CBD Road Safety Review Cunningham Street
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 26/3/5 Date 9 December 2014 Authored by N. Palm, WORKS MANAGER DALBY Responsible Manager N. Palm, WORKS MANAGER DALBY Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's direction in relation to altering the current Dalby CBD streetscape in Cunningham Street, and at adjoining intersections to provide safe passage and adequate sight distance for pedestrians and motorists. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (h) of the Local Government Regulation 2012 (other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage) to discuss a confidential matter. That this Report be received and that: 1. Option 1 is accepted by Council to adopt the overall design and scope for the Dalby CBD safety
review in Cunningham Street including the additional proposed works. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
Page 24
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.4 Infrastructure Services Confidential Report Dalby CBD Road
Safety Review Cunningham Street …(Cont’d)
Strategic Theme 8: Accessible and Connected Places The Western Downs region will continue to develop accessible transport systems and advocate for improved telecommunications to connect our people, businesses and industries locally, regionally, nationally and globally. Cr. C.M. Hall joined the Meeting at 10.42 AM.
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. O.G. Moore That this Report be received and that: 1. Option 1 is accepted by Council to adopt the overall design and scope for the Dalby CBD safety
review in Cunningham Street including the additional proposed works; and
2. Council seek legal advice on existing arrangements/agreements.
AMENDMENT NO. 1
MOVED by Cr. C.T. Tillman and seconded by Cr. R.B. Jamieson That this Report be received and that: 1. Council's preferred Option is to adopt the overall design and scope for the Dalby CBD safety review in
Cunningham Street including the additional proposed works in accordance with Option 1; 2. Council seek legal advice on existing arrangements/agreements; and 3. Council undertake Community Consultation to include a Booth at a suitable location, direct
consultation with an affected landowner and a presentation to the Dalby Chamber of Commerce.
FORESHADOWED MOTION Cr. I.J. Rasmussen foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and that consultation with the community take place before adoption of the overall design and scope for the Dalby CBD safety review in Cunningham Street including the additional proposed works.
The AMENDMENT NO. 1 was PUT and LOST (3,6)
FOR VOTE - Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. C.T. Tillman AGAINST VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. A.G. Brame, Cr. O.G. Moore,
Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
The ORIGINAL MOTION was PUT and CARRIED (5,4)
FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. A.G. Brame, Cr. O.G. Moore, Cr. R.C. Brown AGAINST VOTE - Cr. C.M. Hall, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. C.T. Tillman
ABSENT. DID NOT VOTE - Nil
Page 25
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.5 Infrastructure Services Confidential Report Tender No. 6.2/1/14-15 Construction Chinchilla Trunk Drainage (Stage 2) South Eastern Corner Showgrounds To Zeller Street Extending Into Wheeler Street
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 27/3/1 Date 12 December 2014 Authored by G. Parsons, CIVIL DESIGN SPECIALIST Responsible Manager S. Hegedus, TECHNICAL SERVICES MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider tenders received and endorse the appointment of the successful tenderer to undertake the construction of trunk drainage (Stage 2) in the Town of Chinchilla consisting of approximately 0.6kms of concrete lined drain and 130m of underground stormwater. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That Council resolve to close its Meeting in accordance with Section 275 (1) (e) of the Local Government Regulation 2012 (contracts proposed to be made by it) to discuss a confidential matter. That this Report be received and that; 1. Council accept the tender price of $1,702,605.81 including GST from RHA Australia for the
construction of Stage 2 of the Gaske Lane Trunk Drainage project in Chinchilla. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
Page 26
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS ORD.CONF.IS/8.3.5 Infrastructure Services Confidential Report Tender No.
6.2/1/14-15 Construction Chinchilla Trunk Drainage (Stage 2) South Eastern Corner Showgrounds To Zeller Street Extending Into Wheeler Street …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. O.G. Moore That this Report be received and that: 1. Council accept the tender price of $1,702,605.81 including GST from RHA Australia for the
construction of Stage 2 of the Gaske Lane Trunk Drainage project in Chinchilla.
CARRIED (6,3) FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. A.G. Brame, Cr. O.G. Moore,
Cr. R.C. Brown AGAINST VOTE - Cr. C.M. Hall, Cr. R.B. Jamieson, Cr. C.T. Tillman
ABSENT. DID NOT VOTE - Nil
Page 27
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
CONFIDENTIAL MINUTE ITEMS ORD.CONF.IS/8.3 INFRASTRUCTURE SERVICES CONFIDENTIAL REPORTS
ORD.CONF.IS/8.3.5.1 Strategy Session Criteria for Tender Evaluation Capital Projects
File No 13/1/26
Summary/Purpose
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. C.T. Tillman That a Strategy Session be held regarding the criteria used for the Tender Evaluation of Capital Projects.
LOST (4,5) FOR VOTE - Cr. C.M. Hall, Cr. A.N. Smith, Cr. R.B. Jamieson, Cr. C.T. Tillman
AGAINST VOTE - Cr. G.M. Olm, Cr. I.J. Rasmussen, Cr. A.G. Brame, Cr. O.G. Moore, Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
COUNCIL RESOLUTION MOVED by Cr. A.N. Smith and seconded by Cr. I.J. Rasmussen That Council resolve to adjourn the Meeting.
CARRIED The Meeting adjourned at 10:56 AM. The Meeting resumed at 11:07 AM.
Page 28
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION
ORD.EXS/9.1 EXECUTIVE SERVICES REPORTS
Nil.
ORD.CCS/9.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
Nil.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION
ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A41428 & 8/5/10, Doc. No. 030.2014.830.001 Date 21 November 2014 Authored by R. McMullen, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2014.830.001 Applicant: Ranald Ross Ferrier Owner: R R and S R Ferrier Site Address: 15 Farquharsons Road, Bell Real Property Description: Lot 1322 on A341872 Zone: Rural Precinct: N/A Proposal: Material Change of Use to establish Intensive Animal Industry
(Feedlot - 149 SCU) Area of Land: 647,500m2 Submissions: Two (2)
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Page 30
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Feedlot - 149 SCU) on land described as Lot 1322 on A341872, situated at 15 Farquharsons Road, Bell is approved, subject to the following conditions: GENERAL 1.0 APPROVED PLANS
1.1 The development shall be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the conditions of this approval:
Description: Site Plan, prepared by the applicant Amendment: As amended in red by Council on 21/11/14 Description: Aerial Photograph of proposed site, provided by the applicant Amendment: As amended in red by Council on 21/11/2014 Description: Surrounding Properties, prepared by the applicant Amendment: As amended in red by Council on 21/11/14
2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Feedlot - 149 SCU) as shown on the Approved Plans. 3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of this approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external
spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development. 7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
PLANNING
8.0 HOURS OF OPERATION/LOADING AND UNLOADING
8.1 Unless otherwise approved in writing by Council, transport movements and loading
and unloading associated with the use shall only occur between the following hours:
Monday to Sunday: 7.00am to 6.00pm
Timing: Following commencement of the use and maintained for the period of the use on the site.
9.0 LIGHTING
9.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
10.0 NOISE EMISSIONS
10.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
11.0 AIR EMISSIONS
11.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
12.0 WASTE MANAGEMENT
12.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
12.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
13.0 PUBLIC UTILITIES
13.1 The developer shall be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
13.2 Any damage caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
14.0 WATER
14.1 Contaminants that may cause environmental harm or environmental nuisance must not be released from any source or be so placed that they can directly or indirectly impact on the amenity of neighbouring properties.
15.0 STOCKPILING/COMPOSTING OF MANURE AND OTHER SOLID WASTE PRODUCTS
15.1 Manure removed from Feedlot pens, drains, and spilt and/or spoilt feedstuffs shall be removed within 24 hours.
15.2 Pen cleaning by removal or mounding shall be carried out at a maximum interval of 12
weeks, weather permitting, or more frequently if the pack depth reaches 100mm.
16.0 CARCASS DISPOSAL
16.1 Animal carcasses shall be disposed of so as not to cause environmental harm or nuisance. The preferred method of disposal is composting. The permeability of the base of composting areas must not exceed 0.1mm/day. Sufficient absorbent material shall be available to prevent any form of liquid leaving the constructed pad. Alternatively, carcasses may be buried in pits where the permeability of the banks, base and batters do not exceed 0.1mm/day. The permeability of burial pits must not exceed 0.1mm/day. Carcasses deposited in these pits must at all times be covered with a minimum of 300mm of soil or sawdust.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all works that will become
Council infrastructure. 17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals at no cost to Council, prior to commencement of the use unless stated otherwise.
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice, EDROC Regional Standards Manual and relevant Design Manuals.
17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.1.1 submit a Design Certificate with an application for Operational Work; and
17.1.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
18.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC
UTILITY SERVICES INFRASTRUCTURE AND ASSETS
18.1 Be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
18.2 Repair damage to all Council and public utility services infrastructure and asset where
damage is a result of the proposed development. Undertake repairs immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard and all other instances repair immediately upon completion of the works associated with the development.
19.0 STORMWATER MANAGEMENT
19.1 Design and construct stormwater drainage to ensure that the development will
achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
19.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
19.3 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any works undertaken as part of the proposed development.
20.0 VEHICLE ACCESS - TURNOUT
20.1 Design and construct vehicle turnout in accordance with Council's Standard Drawing
No. R-007, Rev B.
21.0 ROADWORKS SIGNAGE AND PEDESTRIAN SAFETY
21.1 All works on or near roadways shall be adequately signed in accordance with the Manual for Uniform Traffic Control Devices – Part 3, Works on Roads. Any road or lane closures shall be applied for in writing to Council’s Infrastructure Services General Manager, and all conditions of that approval complied with during construction of the works.
Timing: During works.
22.0 TRAFFIC WITHIN SITE - CAR PARKING AND SERVICE VEHICLE REQUIREMENTS
22.1 The premises shall be provided with designated car parking spaces for employees, public and service vehicles together with manoeuvring for a minimum of an Articulated Vehicle (AV) service vehicle.
22.2 Car parking and associated manoeuvring areas shall:
22.2.1 be of a suitable and stable gravelled surface (or as otherwise approved by Council) that provides for minimal dust disturbance and sediment tracked onto the road reserve when trafficked, and sediment laden stormwater being released from the site;
22.2.2 be provided with signage that indicates the location of parking areas and the proposed flow of traffic through the site; and
22.2.3 be designed to enable all vehicles to enter and leave the site in a forward gear (unless approved otherwise by Council).
Timing: Prior to commencement of the use and to be maintained for the period of the use of
the development site.
23.0 EARTHWORKS - GENERAL
23.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
24.0 EROSION AND SEDIMENT CONTROL - GENERAL
24.1 Undertake erosion and sediment control during construction works in accordance with
Councils standard drawing nos. D-005 (Rev.A), D-006(Rev.A) and D-007 (Rev.A) as applicable.
24.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
24.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
25.0 ENVIRONMENTAL HEALTH
25.1 Undertake operations and construction work associated with this development to the
requirements of Council including the following:
25.1.1 Do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
25.1.2 Remove immediately any material spilled or carried onto existing roads to
avoid dust nuisance and ensure traffic safety; and 25.1.3 Do not carry out works on Sundays and Public Holidays (unless approved
otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the landscaping or areas disturbed during construction.
25.2 Do not release contaminants or contaminated water directly or indirectly from the land
subject to this approval or to the ground or groundwater at the land subject to this approval except for:
25.2.1 Uncontaminated overland stormwater flow; and 25.2.2 Uncontaminated stormwater to the stormwater system
Timing: Prior to commencement of any works on-site, during works on-site and
maintained for the period of the use of the development site.
2. The applicant be advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
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Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.” A submitter may elect to appeal against Council’s decision in accordance with the relevant Section of the Sustainable Planning Act 2009 which states:
“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.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(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.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for Wambo Shire 2005. All references to the “Planning Scheme” and schedules within these conditions refer to the above Planning Scheme.
Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. G.M. Olm and seconded by Cr. O.G. Moore That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Feedlot - 149 SCU) on land described as Lot 1322 on A341872, situated at 15 Farquharsons Road, Bell is approved, subject to the following conditions:
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
GENERAL 1.0 APPROVED PLANS
1.1 The development shall be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the conditions of this approval:
Description: Site Plan, prepared by the applicant Amendment: As amended in red by Council on 21/11/14 Description: Aerial Photograph of proposed site, provided by the applicant Amendment: As amended in red by Council on 21/11/2014 Description: Surrounding Properties, prepared by the applicant Amendment: As amended in red by Council on 21/11/14
2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Feedlot - 149 SCU) as shown on the Approved Plans. 3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of this approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
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Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development. 7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
PLANNING
8.0 HOURS OF OPERATION/LOADING AND UNLOADING
8.1 Unless otherwise approved in writing by Council, transport movements and loading
and unloading associated with the use shall only occur between the following hours:
Monday to Sunday: 7.00am to 6.00pm
Timing: Following commencement of the use and maintained for the period of the use on the site.
9.0 LIGHTING
9.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
10.0 NOISE EMISSIONS
10.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
11.0 AIR EMISSIONS
11.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
12.0 WASTE MANAGEMENT
12.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
12.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
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Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
13.0 PUBLIC UTILITIES
13.1 The developer shall be responsible for the location and protection of any Council and
public utility services infrastructure and assets that may be impacted on during construction of the development.
13.2 Any damage caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
14.0 WATER
14.1 Contaminants that may cause environmental harm or environmental nuisance must not be released from any source or be so placed that they can directly or indirectly impact on the amenity of neighbouring properties.
15.0 STOCKPILING/COMPOSTING OF MANURE AND OTHER SOLID WASTE PRODUCTS
15.1 Manure removed from Feedlot pens, drains, and spilt and/or spoilt feedstuffs shall be removed within 24 hours.
15.2 Pen cleaning by removal or mounding shall be carried out at a maximum interval of 12
weeks, weather permitting, or more frequently if the pack depth (exclusive of the underlying soil base layer) reaches 100mm.
16.0 CARCASS DISPOSAL
16.1 Animal carcasses shall be disposed of so as not to cause environmental harm or nuisance. The preferred method of disposal is composting. The permeability of the base of composting areas must not exceed 0.1mm/day. Sufficient absorbent material shall be available to prevent any form of liquid leaving the constructed pad. Alternatively, carcasses may be buried in pits where the permeability of the banks, base and batters do not exceed 0.1mm/day. The permeability of burial pits must not exceed 0.1mm/day. Carcasses deposited in these pits must at all times be covered with a minimum of 300mm of soil or sawdust.
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all works that will become
Council infrastructure. 17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals at no cost to Council, prior to commencement of the use unless stated otherwise.
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Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice, EDROC Regional Standards Manual and relevant Design Manuals.
17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.1.1 submit a Design Certificate with an application for Operational Work; and
17.1.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
18.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC
UTILITY SERVICES INFRASTRUCTURE AND ASSETS
18.1 Be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
18.2 Repair damage to all Council and public utility services infrastructure and asset where
damage is a result of the proposed development. Undertake repairs immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard and all other instances repair immediately upon completion of the works associated with the development.
19.0 STORMWATER MANAGEMENT
19.1 Design and construct stormwater drainage to ensure that the development will
achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
19.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
19.3 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any works undertaken as part of the proposed development.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
20.0 VEHICLE ACCESS - TURNOUT
20.1 Design and construct vehicle turnout in accordance with Council's Standard Drawing
No. R-007, Rev B.
21.0 ROADWORKS SIGNAGE AND PEDESTRIAN SAFETY
21.1 All works on or near roadways shall be adequately signed in accordance with the Manual for Uniform Traffic Control Devices – Part 3, Works on Roads. Any road or lane closures shall be applied for in writing to Council’s Infrastructure Services General Manager, and all conditions of that approval complied with during construction of the works.
Timing: During works.
22.0 TRAFFIC WITHIN SITE - CAR PARKING AND SERVICE VEHICLE REQUIREMENTS
22.1 The premises shall be provided with designated car parking spaces for employees, public and service vehicles together with manoeuvring for a minimum of an Articulated Vehicle (AV) service vehicle.
22.2 Car parking and associated manoeuvring areas shall:
22.2.1 be of a suitable and stable gravelled surface (or as otherwise approved by Council) that provides for minimal dust disturbance and sediment tracked onto the road reserve when trafficked, and sediment laden stormwater being released from the site;
22.2.2 be provided with signage that indicates the location of parking areas and the proposed flow of traffic through the site; and
22.2.3 be designed to enable all vehicles to enter and leave the site in a forward gear (unless approved otherwise by Council).
Timing: Prior to commencement of the use and to be maintained for the period of the use of
the development site.
23.0 EARTHWORKS - GENERAL
23.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
24.0 EROSION AND SEDIMENT CONTROL - GENERAL
24.1 Undertake erosion and sediment control during construction works in accordance with
Councils standard drawing nos. D-005 (Rev.A), D-006(Rev.A) and D-007 (Rev.A) as applicable.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
24.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
24.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
25.0 ENVIRONMENTAL HEALTH
25.1 Undertake operations and construction work associated with this development to the
requirements of Council including the following:
25.1.1 Do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
25.1.2 Remove immediately any material spilled or carried onto existing roads to
avoid dust nuisance and ensure traffic safety; and 25.1.3 Do not carry out works on Sundays and Public Holidays (unless approved
otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the landscaping or areas disturbed during construction.
25.2 Do not release contaminants or contaminated water directly or indirectly from the land
subject to this approval or to the ground or groundwater at the land subject to this approval except for:
25.2.1 Uncontaminated overland stormwater flow; and 25.2.2 Uncontaminated stormwater to the stormwater system
Timing: Prior to commencement of any works on-site, during works on-site and
maintained for the period of the use of the development site.
2. The applicant be advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.” A submitter may elect to appeal against Council’s decision in accordance with the relevant Section of the Sustainable Planning Act 2009 which states:
“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.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.1 (030.2014.830.001) Infrastructure Services Report Development
Application for Material Change of Use for Intensive Animal Industry (Feedlot - 149 SCU) on Lot 1322 on A341872 at 15 Farquharsons Road Bell Ferrier …(Cont’d)
(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.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for Wambo Shire 2005. All references to the “Planning Scheme” and schedules within these conditions refer to the above Planning Scheme.
CARRIED (8,1)
FOR VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. O.G. Moore, Cr. R.C. Brown
AGAINST VOTE - Cr. C.T. Tillman ABSENT. DID NOT VOTE - Nil
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ORD.IS/9.3.2 (030.2014.847.001) Infrastructure Services Report Development Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A14089 & 8/5/10, Doc. No. 030.2014.847.001 Date 1 December 2014 Authored by K. Swepson, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2014.847.001 Applicant: Bonnie Rock Transport Pty Ltd C/- Precinct Urban Planning Owner: Bonnie Rock Transport Pty Ltd Site Address: Aerodrome Road, Chinchilla Real Property Description: Lot 15 on SP195994 Zone: Rural Precinct: Rural B Proposal: Material Change of Use to establish a Storage Facility Area of Land: 10ha Submissions: One (1)
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish a Storage Facility on land described as Lot 15 on SP195994, situated at Aerodrome Road, Chinchilla is approved, subject to the following conditions:
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
1.0 APPROVED PLANS
1.1 The development shall be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the conditions of this approval:
Job No: 00065/14, Sheet 1 of 7 Description: Existing Site Plan, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 2 of 7 Description: Proposed Site Plan, Revision D, prepared by Martin Building
Design, dated 22-07-14 Job No: 00065/14, Sheet 3 of 7 Description: Turning Paths, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 4 of 7 Description: House Floor Plan, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 5 of 7 Description: House Elevations, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 6 of 7 Description: Accommodation Cabin, Revision D, prepared by Martin Building
Design, dated 22-07-14 Job No: 000665/14, Sheet 7 of 7 Description: Proposed Truck Shed, Revision D, prepared by Martin Building
Design, dated 22-07-14
2.0 APPROVED DEVELOPMENT
2.1 The approved development is Material Change of Use for a Storage Facility as shown on the Approved Plans.
2.2 The approved development is not for Non-resident Workforce Accommodation within
the Detached House or Accommodation Building.
3.0 NOTICE OF INTENTION TO COMMENCE USE
3.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
5.0 APPLICATION DOCUMENTATION
5.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.
6.0 FEES AND CHARGES
6.1 All fees, rates, interest and other charges levied on the property, must be paid in full,
in accordance with the rate at the time of payment.
Timing: Prior to commencement of the use.
7.0 MAINTENANCE 7.1 The development (including landscaping, parking, driveways and other external
spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
Timing: During and following development.
8.0 INFRASTRUCTURE CHARGES
Infrastructure charges are payable in conjunction with this Development Permit.
8.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 637 of the Sustainable Planning Act 2009, a separate Infrastructure Charges Notice is attached.
9.0 BUILDING HEIGHT
9.1 The height of buildings/structures must not exceed 8.5 metres above natural ground
level.
Timing: Prior to commencement of the use and following commencement of the use.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
10.0 ACOUSTIC IMPACT MITIGATION – OPERATIONS
10.1 Unless otherwise approved in writing by Council, the approved use must only operate
between the following hours:
Operating hours: 6:00am to 6:00pm
10.2 Loading and unloading are to occur between the hours:
Monday to Friday: 8:00am to 6:00pm Saturday: 8:00am to 12:00pm Sundays/Public Holidays: No deliveries are to occur and no audible noise.
Timing: Following commencement of the use and maintained for the period of the use on the
site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
11.2 In the event that a valid complaint of unreasonable noise emissions as a
consequence of the operations of the approved use is received, Council may require submission of an Environmental Noise Level Study and Report that comply with Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual, and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 2008.
12.0 LIGHTING
12.1 Direct lighting or lighting associated with the development shall not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
13.0 VISUAL AND GENERAL AMENITY
13.1 The site must be maintained in a clean and tidy manner at all times.
13.2 All plant, air-conditioning equipment and the like must be visually screened from the road.
Timing: During and following development.
14.0 WASTE MANAGEMENT
14.1 All waste generated from construction of the proposed development shall be
effectively controlled on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
14.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
15.0 LANDSCAPING – GENERAL
15.1 The developer must submit to Council's Planning Manager or authorised delegate for endorsement, a Landscape Plan for all landscaping associated with the development.
15.2 The Landscape Plan must address the performance criteria listed below:
15.2.1 to enhance the appearance of the development internally and externally;
15.2.2 to make a positive contribution to the streetscape;
15.2.3 to screen unsightly objects from public view;
15.2.4 to contribute to the work environment by providing shade to reduce glare, heat absorption and radiation;
15.2.5 to provide long-term erosion protection;
15.2.6 to integrate with existing vegetation and other natural features of the site and adjoining lands;
15.2.7 to provide adequate vehicle sightlines and road safety; and
15.2.8 species to be planted and size at planting.
Timing: Prior to the issue of a permit for Building Work or Operational Work. 15.3 A minimum 5 metre wide landscaped strip is to be provided along the eastern
boundary of the Storage Facility use. Timing: The landscaping shall be provided prior to commencement of the use.
15.4 Details of the landscaping buffer shall be provided in the Landscape Plan. Details of
the vegetation buffer shall be included within the Landscape Plan including:
15.4.1 the proposed widths of the buffer;
15.4.2 the typical species to be planted;
15.4.3 the approximate mature height of vegetation; and
15.4.4 details of any proposed fencing.
15.5 The landscaped area is to be planted with high, medium and low profile plants and shrubs endemic to the local area. The plants are to be semi-mature when initially planted.
15.6 The landscaping should be designed to consider protection of the amenity of the
surrounding areas, including, but not limited to visual protection and dust from vehicles on-site.
15.7 Landscaping must be completed prior to commencement of the use.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests must be removed from the subject land and the subject
land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Landscaped areas must be maintained, and the site must remain in a clean and tidy
state at all times.
Timing: During development, prior to commencement of the use and following commencement of the use.
17.0 FENCING
17.1 Existing fencing must be maintained along the full perimeter of the Storage Facility
use and gates maintained at the entrance in accordance with the Approved Plan.
18.0 ENGINEERING WORKS
18.1 Complete all works approved and works required by conditions of this development approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
18.2 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC
UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
20.0 WATER SUPPLY
20.1 Provide a potable water supply for the development. Monitor water quality
continuously to ensure compliance with WSAA (Water Services Association of Australia) guidelines and HACCP (Hazard Analysis and Critical Control Points) standards for potable water.
20.2 Provide on-site water storage for the development with a minimum capacity suitable
for all requirements of the development, including fire fighting purposes.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
21.0 PARKING AND ACCESS - GENERAL
21.1 Design and construct all driveways and manoeuvring areas with a sealed surface
(concrete, asphalt or a bitumen seal). 21.2 Provide a minimum of eight (8) car parking spaces.
21.3 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.0 PARKING AND ACCESS - SERVICING
22.1 Ensure loading and unloading operations are conducted wholly within the site and
vehicles enter and exit the site in a forward direction.
23.0 VEHICLE ACCESS - TURNOUT
23.1 Design and construct vehicle turnout in accordance with Council's Standard Drawing No. R-007, Rev A.
24.0 ROADWORKS - UPGRADE OF AERODROME ROAD
24.1 The developer shall contribute $6,000 to the future upgrade of Aerodrome Road for
the full frontage of the development. Timing: Prior to commencement of the use.
25.0 ELECTRICITY AND TELECOMMUNICATION
25.1 Connect the development to electricity and telecommunication services.
26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of
material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on
Earthworks for Commercial and Residential Developments. 27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Councils Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the
landscaping or areas disturbed during construction.
28.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
28.2.2 uncontaminated stormwater to the stormwater system.
Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site.
2. The applicant be advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Work and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection. (c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4)
years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant Section of the Sustainable Planning Act 2009 which states:
"461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made." (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Chinchilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
Justification Nil
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. O.G. Moore That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish a Storage Facility on land described as Lot 15 on SP195994, situated at Aerodrome Road, Chinchilla is approved, subject to the following conditions:
1.0 APPROVED PLANS
1.1 The development shall be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the conditions of this approval:
Job No: 00065/14, Sheet 1 of 7 Description: Existing Site Plan, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 2 of 7 Description: Proposed Site Plan, Revision D, prepared by Martin Building
Design, dated 22-07-14 Job No: 00065/14, Sheet 3 of 7 Description: Turning Paths, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 4 of 7 Description: House Floor Plan, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 5 of 7 Description: House Elevations, Revision D, prepared by Martin Building Design,
dated 22-07-14 Job No: 00065/14, Sheet 6 of 7 Description: Accommodation Cabin, Revision D, prepared by Martin Building
Design, dated 22-07-14 Job No: 000665/14, Sheet 7 of 7 Description: Proposed Truck Shed, Revision D, prepared by Martin Building
Design, dated 22-07-14
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
2.0 APPROVED DEVELOPMENT
2.1 The approved development is Material Change of Use for a Storage Facility as shown
on the Approved Plans. 2.2 The approved development is not for Non-resident Workforce Accommodation within
the Detached House or Accommodation Building.
3.0 NOTICE OF INTENTION TO COMMENCE USE
3.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
5.0 APPLICATION DOCUMENTATION
5.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans bearing "Council Approval" and the Decision Notice.
6.0 FEES AND CHARGES
6.1 All fees, rates, interest and other charges levied on the property, must be paid in full,
in accordance with the rate at the time of payment.
Timing: Prior to commencement of the use.
7.0 MAINTENANCE 7.1 The development (including landscaping, parking, driveways and other external
spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
Timing: During and following development.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
8.0 INFRASTRUCTURE CHARGES
Infrastructure charges are payable in conjunction with this Development Permit.
8.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 637 of the Sustainable Planning Act 2009, a separate Infrastructure Charges Notice is attached.
9.0 BUILDING HEIGHT
9.1 The height of buildings/structures must not exceed 8.5 metres above natural ground
level.
Timing: Prior to commencement of the use and following commencement of the use. 10.0 ACOUSTIC IMPACT MITIGATION – OPERATIONS
10.1 Unless otherwise approved in writing by Council, the approved use must only operate
between the following hours:
Operating hours: 6:00am to 6:00pm
10.2 Loading and unloading are to occur between the hours:
Monday to Friday: 8:00am to 6:00pm Saturday: 8:00am to 12:00pm Sundays/Public Holidays: No deliveries are to occur and no audible noise.
Timing: Following commencement of the use and maintained for the period of the use on the
site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
11.2 In the event that a valid complaint of unreasonable noise emissions as a
consequence of the operations of the approved use is received, Council may require submission of an Environmental Noise Level Study and Report that comply with Australian Standard 1055 and the Environmental Protection Agency Noise Measurement Manual, and require works and/or management practices to be carried out to ensure noise emissions comply with the requirements of the Environmental Protection (Noise) Policy 2008.
12.0 LIGHTING
12.1 Direct lighting or lighting associated with the development shall not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
13.0 VISUAL AND GENERAL AMENITY
13.1 The site must be maintained in a clean and tidy manner at all times.
13.2 All plant, air-conditioning equipment and the like must be visually screened from the road.
Timing: During and following development.
14.0 WASTE MANAGEMENT
14.1 All waste generated from construction of the proposed development shall be
effectively controlled on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
14.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
15.0 LANDSCAPING – GENERAL
15.1 The developer must submit to Council's Planning Manager or authorised delegate for endorsement, a Landscape Plan for all landscaping associated with the development.
15.2 The Landscape Plan must address the performance criteria listed below:
15.2.1 to enhance the appearance of the development internally and externally;
15.2.2 to make a positive contribution to the streetscape;
15.2.3 to screen unsightly objects from public view;
15.2.4 to contribute to the work environment by providing shade to reduce glare, heat absorption and radiation;
15.2.5 to provide long-term erosion protection;
15.2.6 to integrate with existing vegetation and other natural features of the site and adjoining lands;
15.2.7 to provide adequate vehicle sightlines and road safety; and
15.2.8 species to be planted and size at planting.
Timing: Prior to the issue of a permit for Building Work or Operational Work. 15.3 A minimum 5 metre wide landscaped strip is to be provided along the eastern
boundary of the Storage Facility use. Timing: The landscaping shall be provided prior to commencement of the use.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
15.4 Details of the landscaping buffer shall be provided in the Landscape Plan. Details of
the vegetation buffer shall be included within the Landscape Plan including:
15.4.1 the proposed widths of the buffer;
15.4.2 the typical species to be planted;
15.4.3 the approximate mature height of vegetation; and
15.4.4 details of any proposed fencing.
15.5 The landscaped area is to be planted with high, medium and low profile plants and shrubs endemic to the local area. The plants are to be semi-mature when initially planted.
15.6 The landscaping should be designed to consider protection of the amenity of the
surrounding areas, including, but not limited to visual protection and dust from vehicles on-site.
15.7 Landscaping must be completed prior to commencement of the use.
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests must be removed from the subject land and the subject
land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Landscaped areas must be maintained, and the site must remain in a clean and tidy
state at all times.
Timing: During development, prior to commencement of the use and following commencement of the use.
17.0 FENCING
17.1 Existing fencing must be maintained along the full perimeter of the Storage Facility
use and gates maintained at the entrance in accordance with the Approved Plan.
18.0 ENGINEERING WORKS
18.1 Complete all works approved and works required by conditions of this development approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
18.2 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC
UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
20.0 WATER SUPPLY
20.1 Provide a potable water supply for the development. Monitor water quality
continuously to ensure compliance with WSAA (Water Services Association of Australia) guidelines and HACCP (Hazard Analysis and Critical Control Points) standards for potable water.
20.2 Provide on-site water storage for the development with a minimum capacity suitable
for all requirements of the development, including fire fighting purposes.
21.0 PARKING AND ACCESS - GENERAL
21.1 Design and construct all driveways and manoeuvring areas with a sealed surface (concrete, asphalt or a bitumen seal).
21.2 Provide a minimum of eight (8) car parking spaces.
21.3 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.0 PARKING AND ACCESS - SERVICING
22.1 Ensure loading and unloading operations are conducted wholly within the site and
vehicles enter and exit the site in a forward direction.
23.0 VEHICLE ACCESS - TURNOUT
23.1 Design and construct vehicle turnout in accordance with Council's Standard Drawing No. R-007, Rev A.
24.0 ROADWORKS - UPGRADE OF AERODROME ROAD
24.1 The developer shall contribute $6,000 to the future upgrade of Aerodrome Road for
the full frontage of the development. Timing: Prior to commencement of the use.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
25.0 ELECTRICITY AND TELECOMMUNICATION
25.1 Connect the development to electricity and telecommunication services.
26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of
material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on
Earthworks for Commercial and Residential Developments. 27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Councils Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the
landscaping or areas disturbed during construction.
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
28.2 Do not release contaminants or contaminated water directly or indirectly from the land
subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
28.2.2 uncontaminated stormwater to the stormwater system.
Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site.
2. The applicant be advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Work and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection. (c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.2 (030.2014.847.001) Infrastructure Services Report Development
Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
(e) The relevant period for the development approval (Material Change of Use) shall be four (4)
years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant Section of the Sustainable Planning Act 2009 which states:
"461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made."
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Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
(i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Chinchilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.2 (030.2014.847.001) Infrastructure Services Report Development
Application for Material Change of Use for Storage Facility at Lot 15 on SP195994 at Aerodrome Road Chinchilla Bonnie Rock Transport Pty Ltd …(Cont’d)
CARRIED (8,1) FOR VOTE - Cr. C.M. Hall, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame,
Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown AGAINST VOTE - Cr. G.M. Olm ABSENT. DID NOT VOTE - Nil
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/9.3.3 (030.2014.602.001) Infrastructure Services Report Material Change of Use Multiple Dwelling (4 Dwelling Units) at Lot 1 on RP111074 23 Covington Street Chinchilla Medicines Review Consultants Pty Ltd
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A10821 & 8/5/11, Doc. No. 030.2014.602.001 Date 28 November 2014 Authored by E. Franklin, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: CODE ASSESSMENT
Application No: 030.2014.602.001 Applicant: Medicines Review Consultants Pty Ltd
C/- ADAMS + SPARKES Town Planning + Development Owners: Medicines Review Consultants Pty Ltd
ATF H Huynh Development Trust Site Address: 23 Covington Street, Chinchilla Real Property Description: Lot 1 on RP111074 Zone: Urban Precinct: N/A Proposal: Material Change of Use to establish a Multiple Dwelling (4
Dwelling Units) Area of Land: 1191m2
Submissions: N/A Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.3 (030.2014.602.001) Infrastructure Services Report Material
Change of Use Multiple Dwelling (4 Dwelling Units) at Lot 1 on RP111074 23 Covington Street Chinchilla Medicines Review Consultants Pty Ltd …(Cont’d)
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish a Multiple Dwelling (4 Dwelling Units) on land described as Lot 1 on RP111074, situated at 23 Covington Street, Chinchilla, is refused for the following reasons:
(a) The development does not satisfy the Code Purpose of the Urban Zone Code in the Planning
Scheme for Chinchilla Shire 2006, Items (a) and (c), as the proposed development does not enhance the amenity and is not consistent with the character of the surrounding Urban Zone.
(b) The development does not satisfy Performance Criterion 5 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006, as the proposed development is considered to increase the density of the site resulting in adverse impacts on the residential amenity and over-intensification.
(c) The development does not satisfy Performance Criterion 8 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. The proposed Dwelling Units do not meet the required rear setback or provide inadequate room to contain the required driveway and have enough room to contain the landscaping or open space required to protect the residential amenity of the future residents and the surrounding area.
(d) The development does not satisfy Performance Criterion 10 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006, as the proposed development is considered to not be of a form to enhance the residential amenity of the Urban Zone or contribute to the streetscape.
(e) The development does not satisfy Performance Criterion 11 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. The proposed landscaping within the development is not considered sufficient to offset the large areas of concrete required for vehicle parking and manoeuvring and results in a development that does not contribute to the Urban Zone's positive visual quality.
(f) The development does not satisfy Performance Criterion 19 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. It is considered that the design of the proposed development does not provide functional vehicle movements on-site for B99 vehicles in accordance with AS2890.1:2004 or safe pedestrian access for visitors to proposed Dwelling Units 3 and 4.
(g) The proposed development is not considered to achieve Items (c) and (d) of the Low Density
Residential Zone Code's purpose in the Draft Western Downs Planning Scheme. (h) The proposed development is considered to fail to achieve Performance Outcome 2,
contained in the Low Density Residential Zone Code of the Draft Western Downs Planning Scheme.
(i) The proposed development is not considered to have an appropriate level of landscaping or
high quality private open space areas to achieve Items 2(a) and (f) of the Accommodation Activities Code's purpose of the Draft Western Downs Planning Scheme.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.3 (030.2014.602.001) Infrastructure Services Report Material
Change of Use Multiple Dwelling (4 Dwelling Units) at Lot 1 on RP111074 23 Covington Street Chinchilla Medicines Review Consultants Pty Ltd …(Cont’d)
(j) The proposed development is considered to fail to achieve Performance Outcome 16 and 17
contained in the Accommodation Activities Code of the Draft Western Downs Planning Scheme.
(k) The proposed development is considered to not achieve Items (d), (e) and (g) of the
Transport, Access and Parking Code's purpose in the Draft Western Downs Planning Scheme.
(l) The proposed development is considered to fail to achieve Performance Outcomes 3 and 9
contained in the Transport, Access and Parking Code of the Draft Western Downs Planning Scheme. It is considered that the proposed development does not provide sufficient car parking or functional vehicle movements on-site for B99 vehicles in accordance with AS2890.1:2004. It is also considered that safe pedestrian access for visitors to proposed Dwelling Units 3 and 4 is not provided.
Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. C.T. Tillman That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish a Multiple Dwelling (4 Dwelling Units) on land described as Lot 1 on RP111074, situated at 23 Covington Street, Chinchilla, is refused for the following reasons:
(a) The development does not satisfy the Code Purpose of the Urban Zone Code in the Planning
Scheme for Chinchilla Shire 2006, Items (a) and (c), as the proposed development does not enhance the amenity and is not consistent with the character of the surrounding Urban Zone.
(b) The development does not satisfy Performance Criterion 5 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006, as the proposed development is considered to increase the density of the site resulting in adverse impacts on the residential amenity and over-intensification.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.3 (030.2014.602.001) Infrastructure Services Report Material
Change of Use Multiple Dwelling (4 Dwelling Units) at Lot 1 on RP111074 23 Covington Street Chinchilla Medicines Review Consultants Pty Ltd …(Cont’d)
(c) The development does not satisfy Performance Criterion 8 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. The proposed Dwelling Units do not meet the required rear setback or provide inadequate room to contain the required driveway and have enough room to contain the landscaping or open space required to protect the residential amenity of the future residents and the surrounding area.
(d) The development does not satisfy Performance Criterion 10 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006, as the proposed development is considered to not be of a form to enhance the residential amenity of the Urban Zone or contribute to the streetscape.
(e) The development does not satisfy Performance Criterion 11 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. The proposed landscaping within the development is not considered sufficient to offset the large areas of concrete required for vehicle parking and manoeuvring and results in a development that does not contribute to the Urban Zone's positive visual quality.
(f) The development does not satisfy Performance Criterion 19 of the Urban Zone Code in the
Planning Scheme for Chinchilla Shire 2006. It is considered that the design of the proposed development does not provide functional vehicle movements on-site for B99 vehicles in accordance with AS2890.1:2004 or safe pedestrian access for visitors to proposed Dwelling Units 3 and 4.
(g) The proposed development is not considered to achieve Items (c) and (d) of the Low Density
Residential Zone Code's purpose in the Draft Western Downs Planning Scheme. (h) The proposed development is considered to fail to achieve Performance Outcome 2,
contained in the Low Density Residential Zone Code of the Draft Western Downs Planning Scheme.
(i) The proposed development is not considered to have an appropriate level of landscaping or
high quality private open space areas to achieve Items 2(a) and (f) of the Accommodation Activities Code's purpose of the Draft Western Downs Planning Scheme.
(j) The proposed development is considered to fail to achieve Performance Outcome 16 and 17
contained in the Accommodation Activities Code of the Draft Western Downs Planning Scheme.
(k) The proposed development is considered to not achieve Items (d), (e) and (g) of the
Transport, Access and Parking Code's purpose in the Draft Western Downs Planning Scheme.
(l) The proposed development is considered to fail to achieve Performance Outcomes 3 and 9
contained in the Transport, Access and Parking Code of the Draft Western Downs Planning Scheme. It is considered that the proposed development does not provide sufficient car parking or functional vehicle movements on-site for B99 vehicles in accordance with AS2890.1:2004. It is also considered that safe pedestrian access for visitors to proposed Dwelling Units 3 and 4 is not provided.
CARRIED
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/9.3.4 (030.2013.1505.001) Infrastructure Services Report Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condamine EnviroAg
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A21832, A21216 & 8/5/10, Doc. No. 030.2013.1505.001 Date 26 November 2014 Authored by R. McMullen, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, A/PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and recommendation to decide the development application.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2013.1505.001 Applicant: EnviroAg Australia Pty Ltd Owner: MDH Pty Ltd Site Address: Lot 15: Glenolive Road, Miles
Lot 16: McLennans Road, Condamine Lots 4 & 27: 5502 Kogan Condamine Road, Condamine
Real Property Description: Lots 15 & 16 on RG16 with Easement Q on SP249506 and Lots 4 & 27 on RG512
Zone: Rural Precinct: Rural A Proposal: Material Change of Use to establish Intensive Animal Industry
(Expansion of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity 2
Area of Land: 4573ha Submissions: Nil
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.4 (030.2013.1505.001) Infrastructure Services Report
Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condami …(Cont’d)
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Expansion of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity 2 on land described as Lot 15 on RG16 situated at Glenolive Road, Miles, Lot 16 on RG16 with Easement Q on SP249506 situated at McLennans Road, Condamine and Lots 4 & 27 on RG512 situated at 5502 Kogan Condamine Road, Condamine, is approved, subject to the following conditions: GENERAL 1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Drawing No: 30355.SP.01, Revision A Description: Wallumba Feedlot Expansion, Concept Site Plan, prepared by
WaterBiz dated 03-10-13 Drawing No: 30355.SP.03, Revision A Description: Wallumba Feedlot Expansion Concept Receptor Plan, prepared by
WaterBiz, dated 9/10/2013 Drawing No: 30408.SP.10, Revision A Description: MWH Wallumba Feedlot Typical Site Plan, prepared by WaterBiz,
dated 27 Nov 2014 Document: Environmental Management Mitigation Procedures, prepared by
EnviroAg Australia and received 15 August 2014 Document No: 23682.69606 Description: Briefing Note - Wallumba Feedlot Expansion, prepared by EnviroAg
Australia, dated 30/10/2013 Document No: 30408.74831 Description: Traffic Impact Assessment - Wallumba Feedlot Development,
prepared by WaterBiz, dated 11/07/2014 2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Extension of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity No. 2 as shown on the Approved Plans.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.4 (030.2013.1505.001) Infrastructure Services Report
Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condami …(Cont’d)
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Approved Documents bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development. 7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
PLANNING 8.0 ACOUSTIC IMPACT MITIGATION
8.1 Transport movements are to occur between the hours of 7.00am and 6.00pm, Monday to Sunday.
Timing: Following commencement of the use and maintained for the period of the use on the
site.
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Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condami …(Cont’d)
9.0 HOURS OF OPERATION/LOADING AND UNLOADING
9.1 Unless otherwise approved in writing by Council, transport movements and loading
and unloading associated with the use shall only occur between the following hours:
Monday to Sunday: 7.00am to 6.00pm
Timing: Following commencement of the use and maintained for the period of the use on the site.
10.0 LIGHTING
10.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
12.0 AIR EMISSIONS
12.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
13.0 WASTE MANAGEMENT
13.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
13.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
14.0 PUBLIC UTILITIES
14.1 The developer shall be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
14.2 Any damage which is caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.4 (030.2013.1505.001) Infrastructure Services Report
Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condami …(Cont’d)
15.0 AMALGAMATION OF LOTS
15.1 Lots 15 and 16 on RG16 shall be amalgamated into a single allotment prior to commencement of the use.
Timing: The Survey Plan must be registered prior to commencement of the use.
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests shall be removed from the subject land and the subject land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
16.3 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy
state at all times.
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all civil works including earthworks, and roadworks.
17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.
17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.4.1 submit a Design Certificate with an application for Operational Work; and
17.4.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
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18.0 MAINTENANCE
18.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.
18.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility
services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
20.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
20.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for approved development works for the site. The Plan is to cover where applicable, the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness; preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to the commencement of works.
20.2 Implement the approved Construction Management Plan at all times during
construction of the development. 20.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
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21.0 STORMWATER MANAGEMENT
21.1 Design and construct stormwater drainage to ensure that the development will
achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
21.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
21.3 Design and construct stormwater drainage that achieves stormwater quality to best
practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
21.4 Stormwater from sealed areas and overflow pipes from stormwater detention
structures and/or tanks installed for the stormwater system is required to be piped to existing table drain.
21.5 Design and construct all internal stormwater drainage works to comply with the
relevant Section/s of AS/NZS 3500.3.2. 21.6 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any site works undertaken as part of the proposed development.
22.0 PARKING AND ACCESS - GENERAL
22.1 Internal roadways, parking and manoeuvring areas, unless otherwise specified, shall
be a minimum of 6 metres wide and provide manoeuvring and turning paths conforming with AS2890.1 2004 Parking Facilities, including allowances for AV vehicles and shall be gravelled and compacted to minimise dust emissions.
22.2 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.3 Provide longitudinal gradient and crossfall for all driveways to comply with the
requirements of AS2890.1.
23.0 PARKING AND ACCESS - SERVICING
23.1 Provide loading bay facilities for an Articulated Vehicle in the location generally shown on the approved plan(s) of development that are designed in accordance with Australian Standard 2890.2 – Off-street Commercial Vehicle Facilities.
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23.2 Design along the route to and from all loading bay facilities and the external road
network, all access driveways, circulation driveways, parking aisles and the like, with a layout that accommodates the turning movements of an Articulated Vehicle and ensure that all vehicles are able to enter and exit the site in a forward direction.
Advice: Sherwood Road is currently not a Type 1 Road Train approved route. The identified
routes on the provided map Multi-combination Routes in Queensland only references Department of Transport and Main Roads (DTMR) roads and does not show approval to use Sherwood Road. A separate application and assessment are required by Council's Engineering Department for Type 1 Road Train use.
24.0 ROADWORKS - CONSTRUCTION OF SHERWOOD ROAD
24.1 Sherwood Road shall be upgraded from the intersection with Kogan Condamine
Road (Ch 0.0) to Chainage 6.81 or monetary value of the works contributed to Council to complete the upgrade.
24.2 The road is to be constructed to a minimum of a 7 metre seal on an 8 metre wide
gravelled formation standard as per Council's Standard Drawing R-002. 24.3 Generally, the road shall be designed and constructed primarily in accordance with
relevant Austroads' Standards and otherwise in accordance with Department of Transport and Main Roads' (DTMR) Standards and Guidelines. These include, but are not limited to those referenced below:
24.3.1 Horizontal and Vertical Alignment:
(i) Alignments shall be based on Austroads' Part 3 Geometric Design
with a 100km/hr design speed.
24.3.2 Intersection Design:
(i) Intersections shall be designed based on the Average Annual Daily Traffic (AADT) to be provided by Council and include the AADT provided in the report from WaterBiz entitled Wallumba Feedlot Development dated 11/07/2014.
24.3.3 Pavement Design:
(i) Pavement design shall be carried out in accordance with Austroads'
Guide to Pavement Technology - Part 2 Pavement Structural Design (2010) and Queensland Department of Transport and Main Roads' Pavement Design Manual (2009).
(ii) Design traffic shall be based on the Equivalent Standard Axle (ESA)
rating provided in the amended Traffic Report.
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24.3.4 Drainage:
(i) Cross road drainage structures shall provide for an ARI 10 flood
event to pass under the road pavement. (ii) Drainage design shall be based on Austroads' Part 5 Drainage
Design.
24.3.5 Signage shall conform to the Manual of Uniform Traffic Control Devices.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any footpath, road or lane closures and ensure
all conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. Note: Earthworks would be significant and may have impacts on others.
27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
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28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of
landscaping or areas disturbed during construction.
28.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
28.2.2 uncontaminated stormwater to the stormwater system. Timing: Prior to commencement of any works on-site, during works on-site and maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response.
3. The applicant be further advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
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(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property.
(g) An applicant has the opportunity to make representations regarding conditions or other matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
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(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants,
(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 a 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.
(3) An appeal under Subsection (1)(e) may be started at any time after the last
day a decision on the matter should have been made.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
Justification Nil
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Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. G.M. Olm That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Expansion of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity 2 on land described as Lot 15 on RG16 situated at Glenolive Road, Miles, Lot 16 on RG16 with Easement Q on SP249506 situated at McLennans Road, Condamine and Lots 4 & 27 on RG512 situated at 5502 Kogan Condamine Road, Condamine, is approved, subject to the following conditions: GENERAL 1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Drawing No: 30355.SP.01, Revision A Description: Wallumba Feedlot Expansion, Concept Site Plan, prepared by
WaterBiz dated 03-10-13 Drawing No: 30355.SP.03, Revision A Description: Wallumba Feedlot Expansion Concept Receptor Plan, prepared by
WaterBiz, dated 9/10/2013 Drawing No: 30408.SP.10, Revision A Description: MWH Wallumba Feedlot Typical Site Plan, prepared by WaterBiz,
dated 27 Nov 2014 Document: Environmental Management Mitigation Procedures, prepared by
EnviroAg Australia and received 15 August 2014 Document No: 23682.69606 Description: Briefing Note - Wallumba Feedlot Expansion, prepared by EnviroAg
Australia, dated 30/10/2013
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Document No: 30408.74831 Description: Traffic Impact Assessment - Wallumba Feedlot Development,
prepared by WaterBiz, dated 11/07/2014 2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Extension of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity No. 2 as shown on the Approved Plans.
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Approved Documents bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development. 7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
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PLANNING 8.0 ACOUSTIC IMPACT MITIGATION
8.1 Transport movements are to occur between the hours of 7.00am and 6.00pm, Monday to Sunday.
Timing: Following commencement of the use and maintained for the period of the use on the
site. 9.0 HOURS OF OPERATION/LOADING AND UNLOADING
9.1 Unless otherwise approved in writing by Council, transport movements and loading
and unloading associated with the use shall only occur between the following hours:
Monday to Sunday: 7.00am to 6.00pm
Timing: Following commencement of the use and maintained for the period of the use on the site.
10.0 LIGHTING
10.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
12.0 AIR EMISSIONS
12.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
13.0 WASTE MANAGEMENT
13.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
13.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
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14.0 PUBLIC UTILITIES
14.1 The developer shall be responsible for the location and protection of any Council and
public utility services infrastructure and assets that may be impacted on during construction of the development.
14.2 Any damage which is caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
15.0 AMALGAMATION OF LOTS
15.1 Lots 15 and 16 on RG16 shall be amalgamated into a single allotment prior to commencement of the use.
Timing: The Survey Plan must be registered prior to commencement of the use.
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests shall be removed from the subject land and the subject land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
16.3 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy
state at all times.
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all civil works including earthworks, and roadworks.
17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.
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17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.4.1 submit a Design Certificate with an application for Operational Work; and
17.4.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
18.0 MAINTENANCE
18.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.
18.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility
services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
20.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
20.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for approved development works for the site. The Plan is to cover where applicable, the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness;
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preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to the commencement of works.
20.2 Implement the approved Construction Management Plan at all times during
construction of the development. 20.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
21.0 STORMWATER MANAGEMENT
21.1 Design and construct stormwater drainage to ensure that the development will achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
21.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
21.3 Design and construct stormwater drainage that achieves stormwater quality to best
practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
21.4 Stormwater from sealed areas and overflow pipes from stormwater detention
structures and/or tanks installed for the stormwater system is required to be piped to existing table drain.
21.5 Design and construct all internal stormwater drainage works to comply with the
relevant Section/s of AS/NZS 3500.3.2. 21.6 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any site works undertaken as part of the proposed development.
22.0 PARKING AND ACCESS - GENERAL
22.1 Internal roadways, parking and manoeuvring areas, unless otherwise specified, shall
be a minimum of 6 metres wide and provide manoeuvring and turning paths conforming with AS2890.1 2004 Parking Facilities, including allowances for AV vehicles and shall be gravelled and compacted to minimise dust emissions.
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22.2 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.3 Provide longitudinal gradient and crossfall for all driveways to comply with the
requirements of AS2890.1.
23.0 PARKING AND ACCESS - SERVICING
23.1 Provide loading bay facilities for an Articulated Vehicle in the location generally shown on the approved plan(s) of development that are designed in accordance with Australian Standard 2890.2 – Off-street Commercial Vehicle Facilities.
23.2 Design along the route to and from all loading bay facilities and the external road
network, all access driveways, circulation driveways, parking aisles and the like, with a layout that accommodates the turning movements of an Articulated Vehicle and ensure that all vehicles are able to enter and exit the site in a forward direction.
Advice: Sherwood Road is currently not a Type 1 Road Train approved route. The identified
routes on the provided map Multi-combination Routes in Queensland only references Department of Transport and Main Roads (DTMR) roads and does not show approval to use Sherwood Road. A separate application and assessment are required by Council's Engineering Department for Type 1 Road Train use.
24.0 ROADWORKS - CONSTRUCTION OF SHERWOOD ROAD
24.1 Sherwood Road shall be upgraded from the intersection with Kogan Condamine
Road (CH 0.0) to Chainage 6.81 or alternatively $675,000 of the estimated $1.4 million worth of works shall be contributed to Council to complete the upgrade.
Advisory Note: The $675,000 will be used by Council to upgrade and widen Sherwood Road from a 6 metre gravelled road to a 7 metre sealed road on an 8 metre formation.
24.2 The road is to be constructed to a minimum of a 7 metre seal on an 8 metre wide
gravelled formation standard as per Council's Standard Drawing R-002. 24.3 Generally, the road shall be designed and constructed primarily in accordance with
relevant Austroads' Standards and otherwise in accordance with Department of Transport and Main Roads' (DTMR) Standards and Guidelines. These include, but are not limited to those referenced below:
24.3.1 Horizontal and Vertical Alignment:
(i) Alignments shall be based on Austroads' Part 3 Geometric Design
with a 100km/hr design speed.
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24.3.2 Intersection Design:
(i) Intersections shall be designed based on the Average Annual Daily
Traffic (AADT) to be provided by Council and include the AADT provided in the report from WaterBiz entitled Wallumba Feedlot Development dated 11/07/2014.
24.3.3 Pavement Design:
(i) Pavement design shall be carried out in accordance with Austroads'
Guide to Pavement Technology - Part 2 Pavement Structural Design (2010) and Queensland Department of Transport and Main Roads' Pavement Design Manual (2009).
(ii) Design traffic shall be based on the Equivalent Standard Axle (ESA)
rating provided in the amended Traffic Report.
24.3.4 Drainage:
(i) Cross road drainage structures shall provide for an ARI 10 flood event to pass under the road pavement.
(ii) Drainage design shall be based on Austroads' Part 5 Drainage
Design.
24.3.5 Signage shall conform to the Manual of Uniform Traffic Control Devices.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any footpath, road or lane closures and ensure
all conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. Note: Earthworks would be significant and may have impacts on others.
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27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of
landscaping or areas disturbed during construction.
28.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
28.2.2 uncontaminated stormwater to the stormwater system. Timing: Prior to commencement of any works on-site, during works on-site and maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response.
3. The applicant be further advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
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(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property.
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(g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants,
(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 a 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.
(3) An appeal under Subsection (1)(e) may be started at any time after the last
day a decision on the matter should have been made.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
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(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
AMENDMENT NO. 1
MOVED by Cr. O.G. Moore and seconded by Cr. C.T. Tillman That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Expansion of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity 2 on land described as Lot 15 on RG16 situated at Glenolive Road, Miles, Lot 16 on RG16 with Easement Q on SP249506 situated at McLennans Road, Condamine and Lots 4 & 27 on RG512 situated at 5502 Kogan Condamine Road, Condamine, is approved, subject to the following conditions: GENERAL 1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Drawing No: 30355.SP.01, Revision A Description: Wallumba Feedlot Expansion, Concept Site Plan, prepared by
WaterBiz dated 03-10-13 Drawing No: 30355.SP.03, Revision A Description: Wallumba Feedlot Expansion Concept Receptor Plan, prepared by
WaterBiz, dated 9/10/2013 Drawing No: 30408.SP.10, Revision A Description: MWH Wallumba Feedlot Typical Site Plan, prepared by WaterBiz,
dated 27 Nov 2014 Document: Environmental Management Mitigation Procedures, prepared by
EnviroAg Australia and received 15 August 2014 Document No: 23682.69606 Description: Briefing Note - Wallumba Feedlot Expansion, prepared by EnviroAg
Australia, dated 30/10/2013 Document No: 30408.74831 Description: Traffic Impact Assessment - Wallumba Feedlot Development,
prepared by WaterBiz, dated 11/07/2014
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2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Extension of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity No. 2 as shown on the Approved Plans.
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Approved Documents bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development. 7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
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PLANNING 8.0 ACOUSTIC IMPACT MITIGATION
8.1 Transport movements are to occur between the hours of 7.00am and 6.00pm, Monday to Sunday.
Timing: Following commencement of the use and maintained for the period of the use on the
site. 9.0 HOURS OF OPERATION/LOADING AND UNLOADING
9.1 Transport movements and loading and unloading associated with the use shall be
permitted to occur:
Monday to Sunday: 24 hours
Timing: Following commencement of the use and maintained for the period of the use on the site.
10.0 LIGHTING
10.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
12.0 AIR EMISSIONS
12.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
13.0 WASTE MANAGEMENT
13.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
13.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
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14.0 PUBLIC UTILITIES
14.1 The developer shall be responsible for the location and protection of any Council and
public utility services infrastructure and assets that may be impacted on during construction of the development.
14.2 Any damage which is caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
15.0 AMALGAMATION OF LOTS
15.1 Lots 15 and 16 on RG16 shall be amalgamated into a single allotment prior to commencement of the use.
Timing: The Survey Plan must be registered prior to commencement of the use.
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests shall be removed from the subject land and the subject land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
16.3 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy
state at all times.
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all civil works including earthworks, and roadworks.
17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.
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17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.4.1 submit a Design Certificate with an application for Operational Work; and
17.4.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
18.0 MAINTENANCE
18.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.
18.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility
services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
20.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
20.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for approved development works for the site. The Plan is to cover where applicable, the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness;
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preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to the commencement of works.
20.2 Implement the approved Construction Management Plan at all times during
construction of the development. 20.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
21.0 STORMWATER MANAGEMENT
21.1 Design and construct stormwater drainage to ensure that the development will achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
21.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
21.3 Design and construct stormwater drainage that achieves stormwater quality to best
practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
21.4 Stormwater from sealed areas and overflow pipes from stormwater detention
structures and/or tanks installed for the stormwater system is required to be piped to existing table drain.
21.5 Design and construct all internal stormwater drainage works to comply with the
relevant Section/s of AS/NZS 3500.3.2. 21.6 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any site works undertaken as part of the proposed development.
22.0 PARKING AND ACCESS - GENERAL
22.1 Internal roadways, parking and manoeuvring areas, unless otherwise specified, shall
be a minimum of 6 metres wide and provide manoeuvring and turning paths conforming with AS2890.1 2004 Parking Facilities, including allowances for AV vehicles and shall be gravelled and compacted to minimise dust emissions.
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22.2 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.3 Provide longitudinal gradient and crossfall for all driveways to comply with the
requirements of AS2890.1.
23.0 PARKING AND ACCESS - SERVICING
23.1 Provide loading bay facilities for an Articulated Vehicle in the location generally shown on the approved plan(s) of development that are designed in accordance with Australian Standard 2890.2 – Off-street Commercial Vehicle Facilities.
23.2 Design along the route to and from all loading bay facilities and the external road
network, all access driveways, circulation driveways, parking aisles and the like, with a layout that accommodates the turning movements of an Articulated Vehicle and ensure that all vehicles are able to enter and exit the site in a forward direction.
Advice: Sherwood Road is currently not a Type 1 Road Train approved route. The identified
routes on the provided map Multi-combination Routes in Queensland only references Department of Transport and Main Roads (DTMR) roads and does not show approval to use Sherwood Road. A separate application and assessment are required by Council's Engineering Department for Type 1 Road Train use.
24.0 ROADWORKS - CONSTRUCTION OF SHERWOOD ROAD
24.1 Sherwood Road shall be upgraded from the intersection with Kogan Condamine
Road (CH 0.0) to Chainage 6.81 or alternatively $675,000 of the estimated $1.4 million worth of works shall be contributed to Council to complete the upgrade.
Advisory Note: The $675,000 will be used by Council to upgrade and widen Sherwood Road from a 6 metre gravelled road to a 7 metre sealed road on an 8 metre formation.
24.2 The road is to be constructed to a minimum of a 7 metre seal on an 8 metre wide
gravelled formation standard as per Council's Standard Drawing R-002. 24.3 Generally, the road shall be designed and constructed primarily in accordance with
relevant Austroads' Standards and otherwise in accordance with Department of Transport and Main Roads' (DTMR) Standards and Guidelines. These include, but are not limited to those referenced below:
24.3.1 Horizontal and Vertical Alignment:
(i) Alignments shall be based on Austroads' Part 3 Geometric Design
with a 100km/hr design speed.
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24.3.2 Intersection Design:
(i) Intersections shall be designed based on the Average Annual Daily
Traffic (AADT) to be provided by Council and include the AADT provided in the report from WaterBiz entitled Wallumba Feedlot Development dated 11/07/2014.
24.3.3 Pavement Design:
(i) Pavement design shall be carried out in accordance with Austroads'
Guide to Pavement Technology - Part 2 Pavement Structural Design (2010) and Queensland Department of Transport and Main Roads' Pavement Design Manual (2009).
(ii) Design traffic shall be based on the Equivalent Standard Axle (ESA)
rating provided in the amended Traffic Report.
24.3.4 Drainage:
(i) Cross road drainage structures shall provide for an ARI 10 flood event to pass under the road pavement.
(ii) Drainage design shall be based on Austroads' Part 5 Drainage
Design.
24.3.5 Signage shall conform to the Manual of Uniform Traffic Control Devices.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any footpath, road or lane closures and ensure
all conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. Note: Earthworks would be significant and may have impacts on others.
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27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of
landscaping or areas disturbed during construction.
28.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
28.2.2 uncontaminated stormwater to the stormwater system. Timing: Prior to commencement of any works on-site, during works on-site and maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response.
3. The applicant be further advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
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(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property.
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(g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants,
(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 a 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.
(3) An appeal under Subsection (1)(e) may be started at any time after the last
day a decision on the matter should have been made.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
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(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
The AMENDMENT NO. 1 was PUT and LOST (2,7)
FOR VOTE - Cr. O.G. Moore, Cr. C.T. Tillman AGAINST VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson,
Cr. A.G. Brame, Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
AMENDMENT NO. 2
MOVED by Cr. O.G. Moore and seconded by Cr. C.T. Tillman That this Report be received and that:
1. The applicant be advised that the application for Development Approval for a Material Change of Use to establish an Intensive Animal Industry (Expansion of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity 2 on land described as Lot 15 on RG16 situated at Glenolive Road, Miles, Lot 16 on RG16 with Easement Q on SP249506 situated at McLennans Road, Condamine and Lots 4 & 27 on RG512 situated at 5502 Kogan Condamine Road, Condamine, is approved, subject to the following conditions: GENERAL 1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Drawing No: 30355.SP.01, Revision A Description: Wallumba Feedlot Expansion, Concept Site Plan, prepared by
WaterBiz dated 03-10-13 Drawing No: 30355.SP.03, Revision A Description: Wallumba Feedlot Expansion Concept Receptor Plan, prepared by
WaterBiz, dated 9/10/2013 Drawing No: 30408.SP.10, Revision A Description: MWH Wallumba Feedlot Typical Site Plan, prepared by WaterBiz,
dated 27 Nov 2014 Document: Environmental Management Mitigation Procedures, prepared by
EnviroAg Australia and received 15 August 2014
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Document No: 23682.69606 Description: Briefing Note - Wallumba Feedlot Expansion, prepared by EnviroAg
Australia, dated 30/10/2013 Document No: 30408.74831 Description: Traffic Impact Assessment - Wallumba Feedlot Development,
prepared by WaterBiz, dated 11/07/2014 2.0 APPROVED DEVELOPMENT
2.1 The approved development is a Material Change of Use for an Intensive Animal
Industry (Extension of Existing Lot Feeding to 20,000 SCU) and Environmentally Relevant Activity No. 2 as shown on the Approved Plans.
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of the approval shall be complied with before the change occurs (prior
to commencement of the use) and while the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Approved Documents bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and orderly state at all times to Council's
satisfaction.
Timing: During and following development.
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7.0 NOTICE OF INTENTION TO COMMENCE USE
7.1 Prior to commencement of the use on the site, written notice must be given to Council that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached notice for your completion).
PLANNING 8.0 ACOUSTIC IMPACT MITIGATION
8.1 Transport movements are to occur between the hours of 7.00am and 6.00pm, Monday to Sunday.
Timing: Following commencement of the use and maintained for the period of the use on the
site. 9.0 HOURS OF OPERATION/LOADING AND UNLOADING
9.1 Unless otherwise approved in writing by Council, transport movements and loading
and unloading associated with the use shall only occur between the following hours:
Monday to Sunday: 6.00am to 7.00pm
Timing: Following commencement of the use and maintained for the period of the use on the site.
10.0 LIGHTING
10.1 All lighting is to enhance the security of the site and surrounds without creating
unnecessary glare or overspill to the detriment of surrounding activities. Direct lighting or lighting does not exceed 8.0 lux at 1.5 metres beyond the boundary of the site.
11.0 NOISE EMISSIONS
11.1 Noise emissions from the development shall not cause environmental harm or
nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Noise) Policy 2008.
12.0 AIR EMISSIONS
12.1 Air emissions (dust) from the development shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses" in accordance with the Environmental Protection (Air) Policy 2008.
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13.0 WASTE MANAGEMENT
13.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste must be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
13.2 All waste generated on-site must be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
14.0 PUBLIC UTILITIES
14.1 The developer shall be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
14.2 Any damage which is caused to Council's infrastructure as a result of the approved
development must be repaired immediately.
Timing: Prior to commencement of the use and maintained for the period of the use on the site.
15.0 AMALGAMATION OF LOTS
15.1 Lots 15 and 16 on RG16 shall be amalgamated into a single allotment prior to commencement of the use.
Timing: The Survey Plan must be registered prior to commencement of the use.
16.0 LANDSCAPING – MISCELLANEOUS
16.1 All declared weeds and pests shall be removed from the subject land and the subject land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
16.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
16.3 Landscaped areas shall be maintained, and the site shall remain in a clean and tidy
state at all times.
ENGINEERING
17.0 ENGINEERING WORKS
17.1 Submit to Council, an Operational Work application for all civil works including earthworks, and roadworks.
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17.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals, at no cost to Council prior to commencement of the use unless stated otherwise.
17.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings and relevant Australian Standards.
17.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
17.4.1 submit a Design Certificate with an application for Operational Work; and
17.4.2 submit a Construction Supervision Certificate at completion of the approved works and/or prior to Council's acceptance of the works on-maintenance.
17.5 Be responsible for the full cost of any alterations necessary to electricity, telephone,
water mains, sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
18.0 MAINTENANCE
18.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance. Any defective works must be rectified within the maintenance period.
18.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
19.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
19.1 Be responsible for the location and protection of any Council and public utility
services infrastructure and assets that may be impacted on during construction of the development.
19.2 Repair all damages incurred to Council and public utility services infrastructure and
assets, as a result of the proposed development immediately should hazards exist for public health and safety or vehicular safety. Otherwise, repair all damages immediately upon completion of works associated with the development.
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20.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
20.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for approved development works for the site. The Plan is to cover where applicable, the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness; preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to the commencement of works.
20.2 Implement the approved Construction Management Plan at all times during
construction of the development. 20.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
21.0 STORMWATER MANAGEMENT
21.1 Design and construct stormwater drainage to ensure that the development will achieve "no worsening" as described in the Queensland Urban Drainage Manual (QUDM). Do not make material changes to the pre-development overland flows or concentrate the stormwater flow at the point of discharge to all downstream properties including road reserves and the like for design storms of Q2, Q5, Q10, Q20 and Q50.
21.2 Provide overland flow paths that do not alter the characteristics of existing overland
flows on other properties or that create an increase in flood damage on other properties.
21.3 Design and construct stormwater drainage that achieves stormwater quality to best
practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
21.4 Stormwater from sealed areas and overflow pipes from stormwater detention
structures and/or tanks installed for the stormwater system is required to be piped to existing table drain.
21.5 Design and construct all internal stormwater drainage works to comply with the
relevant Section/s of AS/NZS 3500.3.2.
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21.6 Ensure that adjoining properties and roadways are protected from ponding or
nuisance from stormwater as a result of any site works undertaken as part of the proposed development.
22.0 PARKING AND ACCESS - GENERAL
22.1 Internal roadways, parking and manoeuvring areas, unless otherwise specified, shall
be a minimum of 6 metres wide and provide manoeuvring and turning paths conforming with AS2890.1 2004 Parking Facilities, including allowances for AV vehicles and shall be gravelled and compacted to minimise dust emissions.
22.2 Ensure access to car parking spaces, vehicle loading and manoeuvring areas and
driveways remain unobstructed and available for their intended purpose during the hours of operation.
22.3 Provide longitudinal gradient and crossfall for all driveways to comply with the
requirements of AS2890.1.
23.0 PARKING AND ACCESS - SERVICING
23.1 Provide loading bay facilities for an Articulated Vehicle in the location generally shown on the approved plan(s) of development that are designed in accordance with Australian Standard 2890.2 – Off-street Commercial Vehicle Facilities.
23.2 Design along the route to and from all loading bay facilities and the external road
network, all access driveways, circulation driveways, parking aisles and the like, with a layout that accommodates the turning movements of an Articulated Vehicle and ensure that all vehicles are able to enter and exit the site in a forward direction.
Advice: Sherwood Road is currently not a Type 1 Road Train approved route. The identified
routes on the provided map Multi-combination Routes in Queensland only references Department of Transport and Main Roads (DTMR) roads and does not show approval to use Sherwood Road. A separate application and assessment are required by Council's Engineering Department for Type 1 Road Train use.
24.0 ROADWORKS - CONSTRUCTION OF SHERWOOD ROAD
24.1 Sherwood Road shall be upgraded from the intersection with Kogan Condamine Road
(CH 0.0) to Chainage 6.81 or alternatively $675,000 of the estimated $1.4 million worth of works shall be contributed to Council to complete the upgrade.
Advisory Note: The $675,000 will be used by Council to upgrade and widen Sherwood Road from a 6 metre gravelled road to a 7 metre sealed road on an 8 metre formation.
24.2 The road is to be constructed to a minimum of a 7 metre seal on an 8 metre wide
gravelled formation standard as per Council's Standard Drawing R-002.
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24.3 Generally, the road shall be designed and constructed primarily in accordance with
relevant Austroads' Standards and otherwise in accordance with Department of Transport and Main Roads' (DTMR) Standards and Guidelines. These include, but are not limited to those referenced below:
24.3.1 Horizontal and Vertical Alignment:
(i) Alignments shall be based on Austroads' Part 3 Geometric Design
with a 100km/hr design speed.
24.3.2 Intersection Design:
(i) Intersections shall be designed based on the Average Annual Daily Traffic (AADT) to be provided by Council and include the AADT provided in the report from WaterBiz entitled Wallumba Feedlot Development dated 11/07/2014.
24.3.3 Pavement Design:
(i) Pavement design shall be carried out in accordance with Austroads'
Guide to Pavement Technology - Part 2 Pavement Structural Design (2010) and Queensland Department of Transport and Main Roads' Pavement Design Manual (2009).
(ii) Design traffic shall be based on the Equivalent Standard Axle (ESA)
rating provided in the amended Traffic Report.
24.3.4 Drainage:
(i) Cross road drainage structures shall provide for an ARI 10 flood event to pass under the road pavement.
(ii) Drainage design shall be based on Austroads' Part 5 Drainage
Design.
24.3.5 Signage shall conform to the Manual of Uniform Traffic Control Devices.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any footpath, road or lane closures and ensure
all conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
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26.0 EARTHWORKS - GENERAL
26.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m³, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
26.2 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. Note: Earthworks would be significant and may have impacts on others.
27.0 EROSION AND SEDIMENT CONTROL - GENERAL
27.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
27.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
27.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked/released onto adjoining streets or stormwater systems at no cost to Council.
28.0 ENVIRONMENTAL HEALTH
28.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
28.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
28.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
28.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of
landscaping or areas disturbed during construction.
28.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
28.2.1 uncontaminated overland stormwater flow; and
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28.2.2 uncontaminated stormwater to the stormwater system. Timing: Prior to commencement of any works on-site, during works on-site and maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response.
3. The applicant be further advised:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building Works and Plumbing or Drainage Works will be required to be approved. A development permit for Operational Work may be required where greater than 50m3 of fill or excavation is proposed on the site.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the development approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of
Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
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(e) The relevant period for the development approval (Material Change of Use) shall be four (4)
years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property.
(g) An applicant has the opportunity to make representations regarding conditions or other matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants,
(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 a 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.
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Development Application Material Change Use Intensive Animal Industry (Expand Existing Feedlot) Lots 15 16 RG16 Lots 4 27 RG512 Glenolive Road Miles McLennans Road Kogan Condamine Road Condami …(Cont’d)
(3) An appeal under Subsection (1)(e) may be started at any time after the last
day a decision on the matter should have been made.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for Murilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
The AMENDMENT NO. 2 was PUT and LOST (2,7)
FOR VOTE - Cr. O.G. Moore, Cr. C.T. Tillman AGAINST VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson,
Cr. A.G. Brame, Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
The ORIGINAL MOTION was PUT and CARRIED
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ORD.IS/9.3.4.1 Hours of Operation Existing Lot Feeding Operation Glenolive Road Miles McLennans Road Condamine 5502 Kogan Condamine Road Condamine
File No A21832, A21216 & 8/5/10
Summary/Purpose
QUESTION ON NOTICE
Cr. O.G. Moore queried the hours of operation of the Existing Lot Feeding Operation at Glenolive Road, Miles, McLennans Road, Condamine and 5502 Kogan Condamine Road, Condamine. The Chief Executive Officer, Mr P. Berting took the Question on Notice.
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ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A21446 & 8/5/10, Doc. No. 030.2014.501.001 Date 28 November 2014 Authored by E. Franklin, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 030.2014.501.001 Applicant: Jesam Contracting Pty Ltd
C/- Brandon & Associates Pty Ltd Owner: Mr SJ Welsh Site Address: Stillers Road, Gurulmundi Real Property Description: Lot 10 on AU164 Zone: Rural Precinct: Rural A Proposal: Material Change of Use to establish an Extractive Industry (up
to 100,000 tonnes per annum) Area of Land: 1032.439ha Submissions: Nil
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the Development Application for a Material Change of Use to establish an Extractive Industry (up to 100,000 tonnes per annum) on land described as Lot 10 on AU164, situated at Stillers Road, Gurulmundi is approved, subject to the following conditions:
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
PLANNING
2.0 APPROVED PLANS
2.1 The development must be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the requirements listed below, and by other conditions of this approval and Concurrence Agency conditions: Drawing No: SK02, Issue P1 Job No: 141142 Description: Site Details, prepared by Brandon & Associates, dated 04.04.14
Drawing No: SK01, Issue P1 Job No: 141142 Description: Locality Plan & Site Details, prepared by Brandon & Associates,
dated 04.04.14
Timing: Prior to commencement of the use, during and following development or as otherwise indicated.
3.0 APPROVED DEVELOPMENT, HAULAGE ROUTE
3.1 The approved development is for a Material Change of Use to establish an Extractive Industry (up to 100,000 tonnes per annum gravel extraction) on land described as Lot 10 on AU164, situated at Stillers Road, Gurulmundi.
3.2 Material extracted from the site must not exceed an output of 100,000 tonnes per
annum. A record of each year's output must be kept on-site and be available for review at the request of Council's Planning Manager or authorised delegate within 48 hours of such request.
3.3 Material is to be extracted solely from within the area shown on the Approved Plans
and not from the existing Council Quarry to the south. The existing Council Quarry shown on the Approved Plans does not form part of this approval.
3.4 The Operator must provide Council's Planning Manager with regular quarterly reports
detailing the quantity of material removed from the site in the preceding 3 months. 3.5 The approved haul route is from the site access directly to the Leichhardt Highway.
No other haul routes are approved.
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property shall be paid in full, in
accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including parking, access and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and tidy manner at all times.
6.3 Management of the site is to include eradication and prevention of spread of Class 1 -
3 weeds.
Timing: Following commencement of the use and maintained at all times thereafter.
7.0 NOTICE OF INTENTION TO COMMENCE USE 7.1 Prior to commencement of the use on the site, written notice must be given to Council
that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).
8.0 SITE BASED MANAGEMENT PLAN
8.1 Provide to Council, a Site Based Management Plan for endorsement by Council's
Planning Manager or authorised delegate, that includes, but is not limited to the following:
(a) air quality management (dust); (b) stormwater quality management; (c) erosion and sediment management; (d) rehabilitation management; (e) control measures for operations likely to cause harm; (f) designated car parking areas; (g) weed management; (h) water storage areas on-site; (i) monitoring; and (j) record keeping and reporting.
Timing: Prior to commencement of the use. 8.2 The endorsed Site Based Management Plan shall be implemented, reviewed and
updated at a minimum of yearly intervals, and shall be maintained for the period of the use of the development on the site, and shall be available for review at the request of Council's Planning Manager or authorised delegate within 48 hours of such request.
Timing: Following commencement of the use and maintained at all times thereafter.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
9.0 REHABILITATION AND EXIT PLAN
9.1 The applicant shall prepare a Rehabilitation and Exit Plan for the development, for
endorsement by Council's Planning Manager or authorised delegate. The Plan is to include (but not be limited to) detail on how the subject land will be restored to a state acceptable to Council and any applicable external Agencies.
Timing: At or before 12 months ahead of cessation of the use.
10.0 HOURS OF OPERATION AND NOISE LIMITS
10.1 Quarrying operations and transport haulage must only operate between the following hours, or within hours otherwise approved by Council's Planning Manager:
10.1.1 Quarrying Operations:
Monday to Sunday 7:00am to 6:00pm 10.1.2 Loading and unloading occurs only between the hours of:
Monday to Friday: 8:00am to 6:00pm Saturdays 8:00am to 12:00 noon Sundays and Public Holidays: No loading/unloading operations permitted
10.1.3 Haulage:
Monday to Sunday 7:00am to 6:00pm
10.1.4 All vehicles/mobile plant machinery used in the operations of the approved Extractive Industry are to be fitted with broadband (white sound) reversing alarms only.
10.1.5 If a bona fide noise complaint is received within 6 months of commencement
of the use, noise monitoring must be undertaken at the nearest noise-sensitive place and the results provided to Council within 14 days of the Operator being notified of the complaint. Monitoring must include:
LA 10, adj, 10 mins; LA 1, adj, 10 mins; the level and frequency of occurrence of impulsive or tonal noise; the atmospheric conditions including wind speed and direction; effects due to extraneous factors such as traffic noise; and location, date and time of recording.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
TABLE 1 - NOISE LIMITS NOISE LEVEL MONDAY TO SATURDAY SUNDAY AND PUBLIC HOLIDAYS dB(A) 6am-6pm 6pm-10pm 10pm-7am 9am-6pm 6pm-10pm 10pm-9am Measured as Noise Measured at a "Noise-sensitive Place" L10, adj 10 mins Bkg +5 Bkg +5 Bkg +0 Bkg +5 Bkg +5 Bkg +0 L1, adj 10 mins Bkg +10 Bkg +10 Bkg +5 Bkg +10 Bkg +10 Bkg +5
11.0 WASTE MANAGEMENT
11.1 All waste generated from construction of the premises must be effectively controlled on-site before disposal. All waste shall be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
11.2 All waste generated on-site shall be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
ENGINEERING
12.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
12.1 The developer shall be responsible for the location and protection of any Council and
public utility services infrastructure and assets that may be impacted on during construction of the development. The alignment and level of any services/assets above or below ground, likely to be affected by the proposed development, shall be identified prior to detailed design or building work. Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination.
12.2 The developer shall undertake all reasonable measures to protect Council and public
utility services infrastructure during construction of the development.
12.3 The developer shall meet all costs to repair damage to any Council and public utility services infrastructure and asset where damage is a result of the proposed development. Damage to infrastructure assets shall be repaired immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard. In circumstances where the damage does not create a hazard to the community, it shall be repaired immediately upon completion of the works associated with the development.
12.4 Should any work be required to be conducted on any of Council's public utility
services infrastructure and assets, a Development Permit for Operational Work is required prior to works being undertaken.
Timing: As indicated.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
13.0 ROADWORKS SIGNAGE AND PEDESTRIAN SAFETY
13.1 All works on or near roadways shall be adequately signed in accordance with the
Manual for Uniform Traffic Control Devices – Part 3, Works on Roads. Any road or lane closures shall be applied for in writing to Council’s Infrastructure Services General Manager, and all conditions of that approval complied with during construction of the works.
Timing: During works.
14.0 TRAFFIC WITHIN SITE - CAR PARKING AND SERVICE VEHICLE REQUIREMENTS
14.1 The premises shall be provided with designated car parking spaces for employees, public and service vehicles together with manoeuvring for a minimum of an Articulated Vehicle (AV) service vehicle.
14.2 Car parking and associated manoeuvring areas shall:
14.2.1 be of a suitable and stable gravelled surface (or as otherwise approved by Council) that provides for minimal dust disturbance and sediment tracked onto the road reserve when trafficked, and sediment laden stormwater being released from the site;
14.2.2 be provided with signage that indicates the location of parking areas and the proposed flow of traffic through the site; and
14.2.3 be designed to enable all vehicles to enter and leave the site in a forward gear (unless approved otherwise by Council).
Timing: Prior to commencement of the use and to be maintained for the period of the use of
the development site.
15.0 STORMWATER MANAGEMENT
15.1 Submit a Stormwater Management Plan, detailing the stormwater management techniques to ensure that the development will not worsen stormwater flows onto adjoining properties, for the endorsement of Council's Planning Manager or authorised delegate.
15.2 Stormwater management at the site must address the following:
15.2.1 diversion of stormwater around Quarry areas of operation;
15.2.2 operation of any water storage structures;
15.2.3 sediment control system in accordance with the Approved Erosion and Sediment Control Plan; and
15.2.4 legal point of discharge where there is an increase or concentration of stormwater discharge to downstream areas.
Timing: Prior to commencement of the use and maintained at all times thereafter.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
16.0 WATER SUPPLY
16.1 A potable water supply shall be provided on-site, suitable to meet the needs for the
use of staff and visitors to the development site. Monitor water quality continuously to ensure compliance with Water Services Association of Australia (WSAA) guidelines and HACCP (Hazard Analysis and Critical Control Points) standards for potable water.
16.2 Provide on-site water storage for the development with adequate capacity for fire fighting purposes.
17.0 SEWERAGE DISPOSAL 17.1 Suitable effluent facilities shall be provided on-site and managed in accordance with
the manufacturer's specifications. No effluent is to be discharged on-site and waste from the effluent facilities must be regularly transported off-site to an approved facility.
Timing: During development and maintained for the period of the use on the site.
18.0 EROSION AND SEDIMENT CONTROL
18.1 Considerations for an Erosion and Sediment Control Program include, but are not
necessarily limited to the following:
18.1.1 construction of sediment fences, earth berms, temporary drainage, temporary sediment basins and stormwater filtering devices designed to prevent sediment or sediment laden water from being transported to adjoining properties, roads and/or stormwater drainage systems;
18.1.2 identification of high and extreme erosion risk areas and treatments to be employed to manage these areas during construction and re-establishment of the areas post construction and during any relevant on-maintenance period;
18.1.3 measures to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the construction period;
18.1.4 identification of areas to be utilised on the site for stockpiling of materials capable of being moved by the action of wind or running water; the materials shall be stored clear of drainage paths, and appropriate measures implemented to prevent entry of such materials into either the road or drainage system;
18.1.5 inspection regime of the sediment and erosion controls; and
18.1.6 response times to events where controls have been damaged or are inadequate and erosion or the release of sediment or sediment laden stormwater has occurred from the site or associated works.
Timing: Prior to commencement of the works and during the use of the development.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
19.0 ENVIRONMENTAL
19.1 The operations and construction work associated with this development shall be
carried out to the requirements of Council. In particular, no nuisance is to be caused to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety.
19.2 Noise emissions from the use must be in compliance with those acceptable limits
specified within the Environmental Protection (Noise) Policy 2008 and shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses".
19.3 Emissions from the use must be in compliance with those acceptable limits specified
within the Environmental Protection (Air) Policy 2008. In the event that a bona fide complaint is received regarding any air quality impacts of the development, the developer is to conduct an emission assessment, undertaken at the adjoining properties and the results provided to Council within 14 days of the Operator being notified of the complaint. Council reserves the right to request an Emissions Impact Assessment be undertaken by the land owner of the subject site at any time.
Timing: Prior to commencement of the use (unless otherwise stated) and to be maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response from the State Assessment Referral Agency (Department of State Development, Infrastructure and Planning) dated 11 July 2014.
3. The applicant be further advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Works and Plumbing or Drainage Works will be required to be approved. (b) Prior to commencement of the use, the applicant shall contact Council's Compliance Senior
Officer to arrange a Development Compliance Inspection. (c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries. Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the Development Approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant on Council’s property.
(g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants, (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 a 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.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
(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.
(3) An appeal under Subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.”
(i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development, and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) It should be noted that for the purposes of this document, references to Schedules, and Council’s Planning Scheme are referring to the Planning Scheme for Murilla Shire 2006.
Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. C.M. Hall That this Report be received and that:
1. The applicant be advised that the Development Application for a Material Change of Use to establish an Extractive Industry (up to 100,000 tonnes per annum) on land described as Lot 10 on AU164, situated at Stillers Road, Gurulmundi is approved, subject to the following conditions:
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
PLANNING
2.0 APPROVED PLANS
2.1 The development must be carried out generally in accordance with the Approved
Plans listed below, subject to and modified by the requirements listed below, and by other conditions of this approval and Concurrence Agency conditions: Drawing No: SK02, Issue P1 Job No: 141142 Description: Site Details, prepared by Brandon & Associates, dated 04.04.14
Drawing No: SK01, Issue P1 Job No: 141142 Description: Locality Plan & Site Details, prepared by Brandon & Associates,
dated 04.04.14
Timing: Prior to commencement of the use, during and following development or as otherwise indicated.
3.0 APPROVED DEVELOPMENT, HAULAGE ROUTE
3.1 The approved development is for a Material Change of Use to establish an Extractive Industry (up to 100,000 tonnes per annum gravel extraction) on land described as Lot 10 on AU164, situated at Stillers Road, Gurulmundi.
3.2 Material extracted from the site must not exceed an output of 100,000 tonnes per
annum. A record of each year's output must be kept on-site and be available for review at the request of Council's Planning Manager or authorised delegate within 48 hours of such request.
3.3 Material is to be extracted solely from within the area shown on the Approved Plans
and not from the existing Council Quarry to the south. The existing Council Quarry shown on the Approved Plans does not form part of this approval.
3.4 The Operator must provide Council's Planning Manager with regular quarterly reports
detailing the quantity of material removed from the site in the preceding 3 months. 3.5 The approved haul route is from the site access directly to the Leichhardt Highway.
No other haul routes are approved.
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property shall be paid in full, in
accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including parking, access and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
6.2 The site shall be maintained in a clean and tidy manner at all times.
6.3 Management of the site is to include eradication and prevention of spread of Class 1 -
3 weeds.
Timing: Following commencement of the use and maintained at all times thereafter.
7.0 NOTICE OF INTENTION TO COMMENCE USE 7.1 Prior to commencement of the use on the site, written notice must be given to Council
that the use (development and/or works) fully complies with Council's Decision Notice issued in respect of the use (please refer to the attached Notice for completion).
8.0 SITE BASED MANAGEMENT PLAN
8.1 Provide to Council, a Site Based Management Plan for endorsement by Council's
Planning Manager or authorised delegate, that includes, but is not limited to the following:
(a) air quality management (dust); (b) stormwater quality management; (c) erosion and sediment management; (d) rehabilitation management; (e) control measures for operations likely to cause harm; (f) designated car parking areas; (g) weed management; (h) water storage areas on-site; (i) monitoring; and (j) record keeping and reporting.
Timing: Prior to commencement of the use. 8.2 The endorsed Site Based Management Plan shall be implemented, reviewed and
updated at a minimum of yearly intervals, and shall be maintained for the period of the use of the development on the site, and shall be available for review at the request of Council's Planning Manager or authorised delegate within 48 hours of such request.
Timing: Following commencement of the use and maintained at all times thereafter.
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Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
9.0 REHABILITATION AND EXIT PLAN
9.1 The applicant shall prepare a Rehabilitation and Exit Plan for the development, for
endorsement by Council's Planning Manager or authorised delegate. The Plan is to include (but not be limited to) detail on how the subject land will be restored to a state acceptable to Council and any applicable external Agencies.
Timing: At or before 12 months ahead of cessation of the use.
10.0 HOURS OF OPERATION AND NOISE LIMITS
10.1 Quarrying operations and transport haulage must only operate between the following hours, or within hours otherwise approved by Council's Planning Manager:
10.1.1 Quarrying Operations:
Monday to Sunday 7:00am to 6:00pm 10.1.2 Loading and unloading occurs only between the hours of:
Monday to Friday: 8:00am to 6:00pm Saturdays 8:00am to 12:00 noon Sundays and Public Holidays: No loading/unloading operations permitted
10.1.3 Haulage:
Monday to Sunday 7:00am to 6:00pm
10.1.4 All vehicles/mobile plant machinery used in the operations of the approved Extractive Industry are to be fitted with broadband (white sound) reversing alarms only.
10.1.5 If a bona fide noise complaint is received within 6 months of commencement
of the use, noise monitoring must be undertaken at the nearest noise-sensitive place and the results provided to Council within 14 days of the Operator being notified of the complaint. Monitoring must include:
LA 10, adj, 10 mins; LA 1, adj, 10 mins; the level and frequency of occurrence of impulsive or tonal noise; the atmospheric conditions including wind speed and direction; effects due to extraneous factors such as traffic noise; and location, date and time of recording.
TABLE 1 - NOISE LIMITS NOISE LEVEL MONDAY TO SATURDAY SUNDAY AND PUBLIC HOLIDAYS dB(A) 6am-6pm 6pm-10pm 10pm-7am 9am-6pm 6pm-10pm 10pm-9am Measured as Noise Measured at a "Noise-sensitive Place" L10, adj 10 mins Bkg +5 Bkg +5 Bkg +0 Bkg +5 Bkg +5 Bkg +0 L1, adj 10 mins Bkg +10 Bkg +10 Bkg +5 Bkg +10 Bkg +10 Bkg +5
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
11.0 WASTE MANAGEMENT
11.1 All waste generated from construction of the premises must be effectively controlled
on-site before disposal. All waste shall be disposed of in accordance with the Environmental Protection (Waste Management) Regulation 2000.
11.2 All waste generated on-site shall be managed in accordance with the waste
management hierarchy as detailed in the Waste Reduction and Recycling Act 2011.
ENGINEERING
12.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
12.1 The developer shall be responsible for the location and protection of any Council and
public utility services infrastructure and assets that may be impacted on during construction of the development. The alignment and level of any services/assets above or below ground, likely to be affected by the proposed development, shall be identified prior to detailed design or building work. Any conflict between the development and an existing or proposed service must be referred to the relevant service authority for determination.
12.2 The developer shall undertake all reasonable measures to protect Council and public
utility services infrastructure during construction of the development.
12.3 The developer shall meet all costs to repair damage to any Council and public utility services infrastructure and asset where damage is a result of the proposed development. Damage to infrastructure assets shall be repaired immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard. In circumstances where the damage does not create a hazard to the community, it shall be repaired immediately upon completion of the works associated with the development.
12.4 Should any work be required to be conducted on any of Council's public utility
services infrastructure and assets, a Development Permit for Operational Work is required prior to works being undertaken.
Timing: As indicated.
13.0 ROADWORKS SIGNAGE AND PEDESTRIAN SAFETY
13.1 All works on or near roadways shall be adequately signed in accordance with the
Manual for Uniform Traffic Control Devices – Part 3, Works on Roads. Any road or lane closures shall be applied for in writing to Council’s Infrastructure Services General Manager, and all conditions of that approval complied with during construction of the works.
Timing: During works.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
14.0 TRAFFIC WITHIN SITE - CAR PARKING AND SERVICE VEHICLE REQUIREMENTS
14.1 The premises shall be provided with designated car parking spaces for employees, public and service vehicles together with manoeuvring for a minimum of an Articulated Vehicle (AV) service vehicle.
14.2 Car parking and associated manoeuvring areas shall:
14.2.1 be of a suitable and stable gravelled surface (or as otherwise approved by Council) that provides for minimal dust disturbance and sediment tracked onto the road reserve when trafficked, and sediment laden stormwater being released from the site;
14.2.2 be provided with signage that indicates the location of parking areas and the proposed flow of traffic through the site; and
14.2.3 be designed to enable all vehicles to enter and leave the site in a forward gear (unless approved otherwise by Council).
Timing: Prior to commencement of the use and to be maintained for the period of the use of
the development site.
15.0 STORMWATER MANAGEMENT
15.1 Submit a Stormwater Management Plan, detailing the stormwater management techniques to ensure that the development will not worsen stormwater flows onto adjoining properties, for the endorsement of Council's Planning Manager or authorised delegate.
15.2 Stormwater management at the site must address the following:
15.2.1 diversion of stormwater around Quarry areas of operation;
15.2.2 operation of any water storage structures;
15.2.3 sediment control system in accordance with the Approved Erosion and Sediment Control Plan; and
15.2.4 legal point of discharge where there is an increase or concentration of stormwater discharge to downstream areas.
Timing: Prior to commencement of the use and maintained at all times thereafter.
16.0 WATER SUPPLY
16.1 A potable water supply shall be provided on-site, suitable to meet the needs for the
use of staff and visitors to the development site. Monitor water quality continuously to ensure compliance with Water Services Association of Australia (WSAA) guidelines and HACCP (Hazard Analysis and Critical Control Points) standards for potable water.
16.2 Provide on-site water storage for the development with adequate capacity for fire fighting purposes.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
17.0 SEWERAGE DISPOSAL
17.1 Suitable effluent facilities shall be provided on-site and managed in accordance with
the manufacturer's specifications. No effluent is to be discharged on-site and waste from the effluent facilities must be regularly transported off-site to an approved facility.
Timing: During development and maintained for the period of the use on the site.
18.0 EROSION AND SEDIMENT CONTROL
18.1 Considerations for an Erosion and Sediment Control Program include, but are not
necessarily limited to the following:
18.1.1 construction of sediment fences, earth berms, temporary drainage, temporary sediment basins and stormwater filtering devices designed to prevent sediment or sediment laden water from being transported to adjoining properties, roads and/or stormwater drainage systems;
18.1.2 identification of high and extreme erosion risk areas and treatments to be employed to manage these areas during construction and re-establishment of the areas post construction and during any relevant on-maintenance period;
18.1.3 measures to prevent site vehicles tracking sediment and other pollutants onto adjoining streets during the construction period;
18.1.4 identification of areas to be utilised on the site for stockpiling of materials capable of being moved by the action of wind or running water; the materials shall be stored clear of drainage paths, and appropriate measures implemented to prevent entry of such materials into either the road or drainage system;
18.1.5 inspection regime of the sediment and erosion controls; and
18.1.6 response times to events where controls have been damaged or are inadequate and erosion or the release of sediment or sediment laden stormwater has occurred from the site or associated works.
Timing: Prior to commencement of the works and during the use of the development.
19.0 ENVIRONMENTAL
19.1 The operations and construction work associated with this development shall be
carried out to the requirements of Council. In particular, no nuisance is to be caused to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety.
19.2 Noise emissions from the use must be in compliance with those acceptable limits
specified within the Environmental Protection (Noise) Policy 2008 and shall not cause environmental harm or nuisance to adjoining properties or "Sensitive Land Uses".
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
19.3 Emissions from the use must be in compliance with those acceptable limits specified
within the Environmental Protection (Air) Policy 2008. In the event that a bona fide complaint is received regarding any air quality impacts of the development, the developer is to conduct an emission assessment, undertaken at the adjoining properties and the results provided to Council within 14 days of the Operator being notified of the complaint. Council reserves the right to request an Emissions Impact Assessment be undertaken by the land owner of the subject site at any time.
Timing: Prior to commencement of the use (unless otherwise stated) and to be maintained
for the period of the use of the development site.
2. The applicant be advised of the attached Concurrence Agency response from the State Assessment Referral Agency (Department of State Development, Infrastructure and Planning) dated 11 July 2014.
3. The applicant be further advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Works and Plumbing or Drainage Works will be required to be approved. (b) Prior to commencement of the use, the applicant shall contact Council's Compliance Senior
Officer to arrange a Development Compliance Inspection. (c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries. Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
(e) The relevant period for the Development Approval (Material Change of Use) shall be four
(4) years starting the day the approval is granted or takes effect. In accordance with Section 341(1) of the Sustainable Planning Act 2009 (SPA), the development approval for a Material Change of Use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for a Material Change of Use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 341(7) of SPA for the meaning of related approval).
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant on Council’s property.
(g) An applicant has the opportunity to make representations regarding conditions or other
matters in the development approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the development approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
“461 Appeals by Applicants,
(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 a 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.
(3) An appeal under Subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.”
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.5 (030.2014.501.001) Infrastructure Services Report Development
Application Material Change of Use Extractive Industry Lot 10 AU164 Stillers Road Gurulmundi Jesam Contracting Pty Ltd …(Cont’d)
(i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances:
(a) where it is Council’s opinion that necessary works would result in the provision of sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development, and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) It should be noted that for the purposes of this document, references to Schedules, and Council’s Planning Scheme are referring to the Planning Scheme for Murilla Shire 2006.
CARRIED
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A12047 & 8/5/10, Doc. No. 050.2014.383.001 Date 4 December 2014 Authored by S. Vivers, CONSULTANT PLANNING OFFICER Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the Request to Change an Existing Approval, the Officer's assessment of the merits of the request and the recommendation to decide the request.
DEVELOPMENT APPLICATION: IMPACT ASSESSMENT
Application No: 050.2014.383.001 Applicant: Lee Birmingham C/- Precinct Urban Planning Owner: Suellen Properties Pty Ltd Site Address: 55 Carmichael Street, Chinchilla Real Property Description: Lot 7 on RP839246 Zone: Rural Residential Precinct: N/A Proposal: Request to Change an Existing Approval for a Material Change
of Use to establish an Accommodation Building (328 Accommodation Units)
Area of Land: 2ha Submissions: N/A
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for a Request to Change an Existing Approval for a Material Change of Use to establish an Accommodation Building on land described as Lot 7 on RP839246, situated at 55 Carmichael Street, Chinchilla been considered and Council has decided the following with regard to the request: (a) Condition 1.0 (APPROVED PLANS AND DOCUMENTS) is amended to read as follows:
1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development must be carried out generally in accordance with the Approved Plans and Approved Documents listed below, subject to and modified by any requirements listed below, and by other conditions of this approval:
Plan No: 13-132 - MCU - 01 - C Description: Overall Site Plan, prepared by Andre Melville Building
Design, dated 05/03/2014
Plan No: 13-132 - MCU - 01 - C Description: Proposed Site Plan, prepared by Andre Melville Building
Design, dated 05/03/2014
Plan No: 13-132 - MCU - 02 - C Description: Stage 1 Site Plan, prepared by Andre Melville Building
Design, dated 05/03/2014
Plan No: 13-132 - MCU - 03 - C Description: Stage 2 Site Plan, prepared by Andre Melville Building
Design, dated 05/03/2014
Plan No: 13-132 - MCU - 04 - C Description: Site Location Plan, prepared by Andre Melville Building
Design, dated 05/03/2014
Project No: 20 - 1 Description: Stage 1 Accommodation Floor Plan, prepared by Andre
Melville Building Design, dated 05/03/2014
Project No: 21 - 1 Description: Stage 1 Accommodation Elevations, prepared by Andre
Melville Building Design, dated 05/03/2014
Project No: 22 Description: Stage 1 Accommodation Section and Perspectives,
prepared by Andre Melville Building Design, dated 05/03/2014
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
Plan No: 14-102 - MCU - 10 - B Description: Central Facilities Floor Plan, prepared by Andre Melville
Building Design, dated 05/03/2014
Plan No: 14-102 - MCU - 11 - B Description: Central Facilities Elevations, prepared by Andre Melville
Building Design, dated 05/03/2014
Plan No: 14-102 - MCU - 12 - B Description: Central Facilities Perspectives, prepared by Andre
Melville Building Design, dated 05/03/2014
Plan No: 12-104 MCU 13 B Description: Laundry/ Cleaners Building Floor Plans & Elevations,
prepared by Andre Melville Building Design, dated 06/11/12.
Plan No: 12-104 MCU 14 A Description: Dining/ Kitchen, Admin, Rec Room Floor Plan, prepared by
Andre Melville Building Design, dated 06/11/12
Plan No: 12-104 MCU 15 A Description: Dining/ Kitchen, Admin, Rec Room Elevations, prepared by
Andrew Melville Building Designs, dated 06/11/12
Plan No: 3236-LC-01, Issue P2 Description: Chinchilla Accommodation Village Landscape Intent
Concept Plan - Overview, prepared by verge Urban Landscape Architecture, dated 23.04.2014
Plan No: 3236-LC-02, Issue P2 Description: Chinchilla Accommodation Village Landscape Intent
Concept Plan, prepared by verge Urban Landscape Architecture, dated 23.04.2014
Plan No: 3236-LC-03, Issue P2 Description: Chinchilla Accommodation Village Landscape Intent
Concept Plan, prepared by verge Urban Landscape Architecture, dated 23.04.2014
Plan No: 3236-LC-04, Issue P2 Description: Chinchilla Accommodation Village Landscape Intent
Concept Plan, prepared by verge Urban Landscape Architecture, dated 23.04.2014
Plan No: 3236-LC-05, Issue P1 Description: Chinchilla Accommodation Village Landscape Intent -
Plant Palette - Shade Trees & Feature Trees, prepared by verge Urban Landscape Architecture, dated 15.04.2014
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
Plan No: 3236-LC-06, Issue P1 Description: Chinchilla Accommodation Village Landscape Intent -
Plant Palette - Shrubs & Groundcovers, prepared by verge Urban Landscape Architecture, dated 15.04.2014
Plan No: 3236-LC-07, Issue P1 Description: Chinchilla Accommodation Village Landscape Intent -
General Specification Notes, prepared by verge Urban Landscape Architecture, dated 15.04.2014
Document: Stormwater Management Plan - Revised, Ref No. 9299 Details: Prepared by RMA Engineers, dated 21/03/14
Document: Traffic Impact Assessment, Accommodation Village, 55
Carmichael Street, Chinchilla, Version 6.0 Details: Prepared by The Harrison Group (Qld), dated 13/11/2012
Document: 55 Carmichael Street Development, Water Network Analysis
- Chinchilla, Rev 0 Details: Prepared by Sinclair Knight Merz, dated 19/11/2012
Timing: During and following development for all stages.
(b) Condition 2.0 (APPROVED DEVELOPMENT AND STAGING) is amended to read as follows:
2.0 APPROVED DEVELOPMENT AND STAGING
2.1 The approved development is Material Change of Use for an Accommodation Building (198 Accommodation Units) as shown on the Approved Plans.
2.2 The development is to occur sequentially in the following stages, as
shown on the Approved Plans:
Stage 1: 150 Accommodation Units, 105 Car Parking Spaces, Central Facilities and Ancillary Buildings
Stage 2: 48 Additional Accommodation Units and 34 Car Parking
Spaces
2.3 Conditions within this approval are applicable to each stage of the development, unless otherwise specified.
(c) Condition 14.0 (LANDSCAPING - MISCELLANEOUS) is amended to read as follows:
14.0 LANDSCAPING – MISCELLANEOUS
14.1 All declared weeds and pests must be removed from the subject land and the subject land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
14.2 A landscaping buffer having a minimum width of 3 metres must be provided
along the full length of the Carmichael Street frontage (exclusive of vehicle and pedestrian access to the site) and a minimum width of 5 metres along the northern and southern boundaries of the subject land.
14.3 The landscape buffer areas are to be densely planted with high, medium and
low plants and shrubs endemic to the local area. The plants are to have a minimum height of 1 metre when initially planted.
14.4 The landscape buffers are to be maintained, protected from animals and are
to have a regular mulching schedule. 14.5 A landscape strip having a minimum width of 1 metre along the perimeter of
the outdoor dining area to provide separation and a buffer to the traffic manoeuvring areas is to be provided. This landscape strip must be planted with trees that will provide shade.
14.6 A minimum of 70% of landscaped areas must be retained as a permeable
surface. 14.7 DELETED 14.8 Landscaped areas must be maintained and the site must remain in a clean
and tidy state at all times.
Timing: During development, prior to commencement of the use and maintained following commencement of the use.
(d) Condition 21.0 (ACCESS, CAR PARKING AND MANOEUVRING) is amended to read as
follows: 21.0 ACCESS, CAR PARKING AND MANOEUVRING
21.1 All vehicular property accesses, and on-site car parking and manoeuvring
areas to the development shall be provided in accordance with the Approved Plans and constructed and maintained in accordance with Council’s Planning Scheme and Council’s Standard Drawings.
21.2 Internal parking aisles, unless otherwise specified, shall be a minimum of 6.2
metres wide and shall provide manoeuvring and turning paths conforming with AS2890.1 2004 Parking Facilities, including allowances for a coach, heavy rigid vehicle and refuse collection vehicle, and shall be fully sealed or concreted.
21.3 The applicant must construct car parking spaces and set down areas including for People With Disability (PWD), two (2) Coaches and Heavy Rigid Vehicle (HRV) in accordance with the Traffic Impact Assessment prepared by The Harrison Group (QLD) dated 13/11/2012.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
21.4 A minimum of one hundred and thirty-nine (139) car parking spaces shall
be provided and maintained and kept for the purposes of parking for visitors and residents. The design of parking areas shall include allowance for PWD parking spaces as required to be in accordance with AS2890.6. Car parking spaces are to be allocated in accordance with the staging shown in the Approved Plans.
(e) Condition 29.0 (STORMWATER DRAINAGE) is amended to read as follows:
29.0 STORMWATER DRAINAGE
29.1 The applicant is to construct stormwater drainage works generally consistent
with the Stormwater Management Plan - Revised prepared by RMA Engineers dated 21/03/14.
29.2 Design and construction of all stormwater drainage works are to comply with
the relevant section/s of AS/NZS 3500.3.2 and Queensland Urban Drainage Manual (QUDM), SPP 2013 and other relevant development standards used by Council.
29.3 A Development Application for a Development Permit for Operational Work
for the stormwater quantity and quality management works must be submitted to and approved by Council:
29.3.1 it is required that the design and construction of the works must be certified by a Registered Professional Engineer Queensland – Civil:
29.3.1.1 a Design Certificate must be submitted with the application; and
29.3.1.2 a Construction Supervision Certificate must be submitted at completion of the approved works.
29.4 All vegetated stormwater quality treatment devices are to be designed so as
to allow early plant establishment without unacceptably high risk of damage from sediment loads associated with construction work. Details of the designs and proposed triggers for on/off-maintenance are to be submitted to Council in conjunction with the application for Operational Work approval.
Timing: Prior to commencement of the works or as otherwise indicated for all stages.
(f) Condition 42.0 (VISUAL PRIVACY TO BEDROOM WINDOWS) is amended to read as
follows:
42.0 VISUAL PRIVACY TO BEDROOM WINDOWS
42.1 Bedroom windows must be located no closer than 3 metres from vehicle manoeuvring and parking areas. The 3 metre area between the bedroom window and the vehicle manoeuvring and parking areas must be landscaped with plants that will achieve a height of 1.8 metres within 3 years of planting and have a foliage that will obstruct views of the bedroom window.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
OR
42.2 Durable, fixed and permanent screening devices having a maximum
transparency of 25% must be erected on the window or directly in front of the window (eg shutters or lattice screens), prior to occupation of the development. These screens are to be maintained until adjacent landscaping reaches a height of 1.8 metres and obstructs views of the bedroom window vehicle manoeuvring and parking areas.
Timing: Prior to commencement of the use and following commencement of the use.
(g) Condition 45.0 (INFRASTRUCTURE CHARGES) is amended to read as follows:
45.0 INFRASTRUCTURE CHARGES
Infrastructure charges are payable in conjunction with this Development Permit.
45.1 All Infrastructure charges including those associated with Council’s Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 637 of the Sustainable Planning Act a separate Infrastructure Charges Notice is attached.
(h) The Adopted Infrastructure Charges Notice is amended to reflect:
an offset against the external works required by Condition 34.0 (WATER SUPPLY) in the Development Approval;
revision to reflect the charges applicable due to the reduced scale of the development (328 Accommodation Units to 198 Accommodation Units); and
staging of the development. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.6 (050.2014.383.001) Infrastructure Services Report Request to
Change Existing Approval for Material Change Use for Accommodation Building at Lot 7 on RP839246 55 Carmichael Street Chinchilla Birmingham …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. G.M. Olm That this Report be received and a further Report be provided from Council's legal adviser in relation to the length of time for approvals and the accommodation classification.
CARRIED
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/9.3.7 (035.2014.1039.001) Infrastructure Services Report Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A42662 & 8/5/31, Doc. No. 035.2014.1039.001 Date 28 November 2014 Authored by E. Franklin, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: CODE ASSESSMENT
Application No: 035.2014.1039.001 Applicant: Jeromy Christian and Kylie Elissa Wainwright Owner: Mr JC and Mrs KE Wainwright Site Address: 1331 Malakoff-Kaimkillenbun Road, Kaimkillenbun Real Property Description: Lots 91 and 92 on AG513 Zone: Rural Precinct: N/A Proposal: Reconfiguring a Lot (Boundary Realignment - 2 Lots into 2 Lots) Area of Land: Lot 91 - 85.9122ha
Lot 92 - 90.6622ha Submissions: N/A
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for a Development Approval for Reconfiguring a Lot (Boundary Realignment - 2 Lots into 2 Lots) on land described as Lots 91 and 92 on AG513, situated at 1331 Malakoff-Kaimkillenbun Road, Kaimkillenbun is approved, subject to the following conditions:
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
GENERAL
1.0 APPROVED PLAN
1.1 The development shall be carried out generally in accordance with the Approved Plan
listed below, subject to and modified by the conditions of this approval:
Drawing No: 10350-SK1, Issue B Description: Proposed Boundary Realignment, prepared by Cottrell Cameron &
Steen Surveys Pty Ltd, dated 11.11.14.
2.0 APPROVED DEVELOPMENT
2.1 The approved development is Reconfiguration of a Lot (Boundary Realignment - 2 Lots into 2 Lots) as shown on the Approved Plan.
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of this approval shall be complied with before the change occurs (prior
to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plan bearing "Council Approval" and the Decision Notice.
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plan, subject to and modified by any conditions of this approval.
7.0 LOT NUMBERING
7.1 The numbering of all approved lots shall remain as indicated on the Approved Plan
(unless otherwise amended/approved by Council).
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
8.0 PLAN OF SURVEY
8.1 The Plan of Survey shall not be endorsed by Council until a letter of compliance is received demonstrating the development's compliance with all conditions of this approval.
ENGINEERING
9.0 ENGINEERING WORKS
9.1 Any works affecting Council's current or future infrastructure will require an application
for Operational Work.
9.2 All works required by conditions of this development approval shall be completed at no cost to Council, prior to Council's endorsement of the Survey Plan unless stated otherwise.
9.3 Engineering designs and construction shall be undertaken in accordance with the
Planning Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice and EDROC Regional Standards Manual.
9.4 Be responsible for any alteration necessary to electricity, telephone, water mains,
sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
10.0 PROTECTION OF PUBLIC UTILITY SERVICES
10.1 The developer shall be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
11.0 ACCESS
11.1 Upgrade the existing crossover to provide a minimum width of 4 metres and the turnout in accordance with Council's Standard Drawing No. R-004 to access the existing Detached House on proposed Lot 2.
Timing: Prior to Council's endorsement of the Survey Plan.
11.2 Construct a gravelled driveway, crossover having a minimum width of 4 metres and
the turnout in accordance with Council's Standard Drawing No. R-004 as shown on the Approved Plan to access any future Detached House on proposed Lot 1.
Timing: Prior to Council's endorsement of the Survey Plan.
12.0 EROSION AND SEDIMENT CONTROL
12.1 During construction of the development, soil erosion and sediment are to be
controlled in accordance with the Planning Scheme.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
12.2 The developer is to take all reasonable action to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
12.3 In the event that sediment or other pollutants are tracked/released onto adjoining
streets or stormwater systems, the developer shall respond immediately. Clean-up of the sediment or other pollutants will be fully at the developer’s cost.
13.0 ENVIRONMENTAL HEALTH
13.1 The operations and construction work associated with this development are to be carried out to the requirements of Council. In particular, no nuisance is to be caused to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety. Adequate safety precautions are to be maintained where work is taking place on existing roads and any damage deemed by Council's Environmental Health Officer to be attributable to the progress of works or vehicles associated with the development of the site, shall be repaired to Council’s satisfaction.
14.0 TELECOMMUNICATIONS
14.1 Submit a letter from a telecommunications supplier stating that the Boundary Realignment will not compromise the existing telecommunications supply arrangement to the existing Detached House in Lot 2.
14.2 Submit to Council, a letter from a telecommunications provider stating that
telecommunication is able to be made available to Lot 1. Timing: Prior to Council's endorsement of the Survey Plan.
15.0 ELECTRICITY
15.1 Submit a letter from an electricity supplier stating that the Boundary Realignment will not compromise the existing electricity supply arrangement to the existing Detached House in Lot 2.
Timing: Prior to Council's endorsement of the Survey Plan.
15.2 Any future Detached House on Lot 1 is to have an adequate electricity supply to
satisfy the expected needs of the Dwelling House. Electricity supply can be provided via reticulated electricity, a generator, solar system, wind power or any other alternative agreed upon by Council's Planning Manager or authorised delegate.
2. The applicant be advised that:
(a) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
(b) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(c) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(d) The relevant period for the Development Approval (Reconfiguring of a Lot) shall be two (2)
years starting the day the approval is granted or takes effect. In accordance with Section 341(2)(a) of the Sustainable Planning Act 2009 (SPA), the Development Approval for Reconfiguring a Lot lapses if a plan for the reconfiguration is not given to Council for Compliance Assessment within the abovementioned relevant period.
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the Development Approval lapses under Section 341 of SPA.
(e) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (f) An applicant has the opportunity to make representations regarding conditions or other
matters in the Development Approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the Development Approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
(g) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
"461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made." (h) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(i) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Wambo Shire 2005. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
Justification Nil
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.G. Brame and seconded by Cr. A.N. Smith That this Report be received and that:
1. The applicant be advised that the application for a Development Approval for Reconfiguring a Lot (Boundary Realignment - 2 Lots into 2 Lots) on land described as Lots 91 and 92 on AG513, situated at 1331 Malakoff-Kaimkillenbun Road, Kaimkillenbun is approved, subject to the following conditions:
GENERAL
1.0 APPROVED PLAN
1.1 The development shall be carried out generally in accordance with the Approved Plan
listed below, subject to and modified by the conditions of this approval:
Drawing No: 10350-SK1, Issue B Description: Proposed Boundary Realignment, prepared by Cottrell Cameron &
Steen Surveys Pty Ltd, dated 11.11.14.
2.0 APPROVED DEVELOPMENT
2.1 The approved development is Reconfiguration of a Lot (Boundary Realignment - 2 Lots into 2 Lots) as shown on the Approved Plan.
3.0 COMPLIANCE, TIMING AND COSTS
3.1 All conditions of this approval shall be complied with before the change occurs (prior
to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
3.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted.
4.0 APPLICATION DOCUMENTATION
4.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plan bearing "Council Approval" and the Decision Notice.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
5.0 FEES AND CHARGES
5.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
6.0 MAINTENANCE
6.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plan, subject to and modified by any conditions of this approval.
7.0 LOT NUMBERING
7.1 The numbering of all approved lots shall remain as indicated on the Approved Plan
(unless otherwise amended/approved by Council). 8.0 PLAN OF SURVEY
8.1 The Plan of Survey shall not be endorsed by Council until a letter of compliance is received demonstrating the development's compliance with all conditions of this approval.
ENGINEERING
9.0 ENGINEERING WORKS
9.1 Any works affecting Council's current or future infrastructure will require an application
for Operational Work.
9.2 All works required by conditions of this development approval shall be completed at no cost to Council, prior to Council's endorsement of the Survey Plan unless stated otherwise.
9.3 Engineering designs and construction shall be undertaken in accordance with the
Planning Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice and EDROC Regional Standards Manual.
9.4 Be responsible for any alteration necessary to electricity, telephone, water mains,
sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
10.0 PROTECTION OF PUBLIC UTILITY SERVICES
10.1 The developer shall be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
11.0 ACCESS
11.1 Upgrade the existing crossover to provide a minimum width of 4 metres and the turnout in accordance with Council's Standard Drawing No. R-004 to access the existing Detached House on proposed Lot 2.
Timing: Prior to Council's endorsement of the Survey Plan.
11.2 Construct a gravelled driveway, crossover having a minimum width of 4 metres and
the turnout in accordance with Council's Standard Drawing No. R-004 as shown on the Approved Plan to access any future Detached House on proposed Lot 1.
Timing: Prior to Council's endorsement of the Survey Plan.
12.0 EROSION AND SEDIMENT CONTROL
12.1 During construction of the development, soil erosion and sediment are to be
controlled in accordance with the Planning Scheme.
12.2 The developer is to take all reasonable action to prevent sediment or sediment laden water from being transported to adjoining properties, roads and/or stormwater drainage systems.
12.3 In the event that sediment or other pollutants are tracked/released onto adjoining
streets or stormwater systems, the developer shall respond immediately. Clean-up of the sediment or other pollutants will be fully at the developer’s cost.
13.0 ENVIRONMENTAL HEALTH
13.1 The operations and construction work associated with this development are to be carried out to the requirements of Council. In particular, no nuisance is to be caused to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours. Where material is spilled or carried onto existing roads, it is to be removed forthwith so as to restrict dust nuisance and ensure traffic safety. Adequate safety precautions are to be maintained where work is taking place on existing roads and any damage deemed by Council's Environmental Health Officer to be attributable to the progress of works or vehicles associated with the development of the site, shall be repaired to Council’s satisfaction.
14.0 TELECOMMUNICATIONS
14.1 Submit a letter from a telecommunications supplier stating that the Boundary Realignment will not compromise the existing telecommunications supply arrangement to the existing Detached House in Lot 2.
14.2 Submit to Council, a letter from a telecommunications provider stating that
telecommunication is able to be made available to Lot 1. Timing: Prior to Council's endorsement of the Survey Plan.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
15.0 ELECTRICITY
15.1 Submit a letter from an electricity supplier stating that the Boundary Realignment will not compromise the existing electricity supply arrangement to the existing Detached House in Lot 2.
Timing: Prior to Council's endorsement of the Survey Plan.
15.2 Any future Detached House on Lot 1 is to have an adequate electricity supply to
satisfy the expected needs of the Dwelling House. Electricity supply can be provided via reticulated electricity, a generator, solar system, wind power or any other alternative agreed upon by Council's Planning Manager or authorised delegate.
2. The applicant be advised that:
(a) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior
Officer to arrange a Development Compliance Inspection.
(b) The applicant must ensure compliance with environmental conditions whether required to hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(c) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(d) The relevant period for the Development Approval (Reconfiguring of a Lot) shall be two (2)
years starting the day the approval is granted or takes effect. In accordance with Section 341(2)(a) of the Sustainable Planning Act 2009 (SPA), the Development Approval for Reconfiguring a Lot lapses if a plan for the reconfiguration is not given to Council for Compliance Assessment within the abovementioned relevant period.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the Development Approval lapses under Section 341 of SPA.
(e) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (f) An applicant has the opportunity to make representations regarding conditions or other
matters in the Development Approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the Development Approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(g) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009 which states:
"461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made." (h) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
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Development Application Reconfiguring a Lot Boundary Realignment of Lots 91 and 92 on AG513 at 1331 Malakoff-Kaimkillenbun Road Kaimkillenbun Wainwright …(Cont’d)
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(i) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Wambo Shire 2005. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
CARRIED
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ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No A12325 & 8/5/31, Doc. No. 035.2012.1125.001 Date 11 November 2014 Authored by R. McMullen, PLANNING OFFICER DEVELOPMENT ASSESSMENT Responsible Manager D. Sabiston, PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is for Council to consider the proposed development, the Officer's assessment of the merits of the proposal and the recommendation to decide the development application.
DEVELOPMENT APPLICATION: CODE ASSESSMENT
Application No: 035.2012.1125.001 Applicant: SP3 Pty Ltd C/- McArthur Planning & Development Pty Ltd Owner: SP3 Pty Ltd Site Address: 190 Chinchilla-Tara Road, Chinchilla Real Property Description: Lot 100 on SP193600 Zone: Urban Precinct: N/A Proposal: Reconfiguring a Lot (1 Lot into 15 Lots) Area of Land: 17,660m² Submissions: N/A
Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that:
1. The applicant be advised that the application for Development Approval for Reconfiguration of a Lot (1 Lot into 15 Lots) on land described as Lot 100 on SP193600, situated at 190 Chinchilla-Tara Road, Chinchilla, is approved, subject to the following conditions:
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
GENERAL
1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Job No: 121093 Drawing No: 12109301, Issue P6 Description: Lot Layout, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093 Drawing No: 12109302, Issue P6 Description: Survey Plan, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093 Drawing No: 12109303, Issue P6 Description: Master Plan, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093, Issue A Description: Traffic Impact Assessment Report, prepared by Brandon &
Associates, dated 28/07/2014 Job No: 2132-27-02-v01 Description: Flood Impact Assessment -- Sovereign Park Stage 3 Development,
Chinchilla (Lot 100 on SP193600), prepared by Water Technology Pty Ltd, dated 12 February 2014.
2.0 REVISED DOCUMENT
2.1 Prior to the issuing of an Operational Work Permit, the submitted document listed
below shall be revised and provided to Council for review and endorsement: Description: 'Sovereign Park' - Stage 3, Stormwater Management Report, Issue
B, prepared by Brandon & Associates, dated 28/06/2012
The revisions shall show the following alterations to the proposal:
(i) updated to reflect the inclusion and use of the proposed open drain;
(ii) lawful point of discharge agreement from Department of Transport and Main Roads;
(iii) piped and overland flow site stormwater systems designed in accordance with Queensland Urban Drainage Manual;
(iv) written consent from the Department of Transport and Main Roads that the design, construction and use of the open drain is acceptable; and
(v) written consent from the owner/s of any property accesses that are required to be removed and/or adjusted, as a result of the proposed open drain.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
3.0 APPROVED DEVELOPMENT
3.1 The approved development is Reconfiguration of a Lot (1 lot into 15 lots) as shown on
the Approved Plans.
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted. 4.3 The Plan of Survey shall not be executed until a letter of compliance is received
demonstrating the development's compliance with all conditions of this approval.
5.0 APPLICATION DOCUMENTATION
5.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Documents bearing "Council Approval" and the Decision Notice.
6.0 FEES AND CHARGES
6.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
7.0 MAINTENANCE
7.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
8.0 LOT NUMBERING
8.1 The numbering of all approved lots shall remain as indicated on the Approved Plans
(unless otherwise amended/approved by Council).
9.0 STREET NAMING
9.1 The developer shall forward a letter of Request for Street Naming to Council's Planning Manager providing three (3) alternative names for the new street.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
10.0 INFRASTRUCTURE CHARGES
Infrastructure charges are payable in conjunction with this Development Permit.
10.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 637 of the Sustainable Planning Act, a separate Infrastructure Charges Notice is attached.
PLANNING
11.0 LANDSCAPING – MISCELLANEOUS
11.1 All declared weeds and pests shall be removed from the subject land and the subject
land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
11.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
Timing: Prior to commencement of the use.
12.0 STREET TREE PLANTING
12.1 The applicant is to submit to Council's Planning Manager or authorised delegate for endorsement, a Street Tree Planting Plan for street trees within the proposed new road’s road reserves. Street trees are to be planted generally centrally in front of each proposed lot that fronts the proposed new road. The street trees are to be located taking into consideration, proposed or existing underground services. The street trees are to be a minimum of 1 metre in height at the time of planting. The Plan must be prepared by a suitably qualified and experienced Landscape Architect, Horticulturalist, or other person experienced in landscape design and construction.
12.2 The Street Tree Planting Plan must detail:
the typical species to be planted, consisting mainly of drought-tolerant species;
the location, number and size of plants; and
the typical planting detail including preparation, backfill, staking, protection and mulching.
Advice: Council has developed street tree planting standards. Please contact Council for a
copy of these standards in relation to any further inquiries that may pertain to street tree planting.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
12.3 The developer must undertake the street tree works in accordance with the Approved
Street Tree Planting Plan, or as otherwise approved in writing by Council's Planning Manager. Any amendments approved by Council's Planning Manager are taken to be a part of the Approved Street Tree Planting Plan.
Timing: Prior to Council's endorsement of the Plan of Survey.
ENGINEERING
13.0 ENGINEERING WORKS
13.1 Submit to Council, an Operational Work application for all works that will become Council infrastructure, and for earthworks and stormwater.
13.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals at no cost to Council, prior to Council's endorsement of the Survey Plan unless stated otherwise.
13.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice, EDROC Regional Standards Manual and relevant Design Manuals.
13.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
13.4.1 submit a Design Certificate with the application; and
13.4.2 submit a Construction Supervision Certificate at completion of the approved works and prior to Council's acceptance of the works on-maintenance.
13.5 Be responsible for any alteration necessary to electricity, telephone, water mains,
sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
14.0 MAINTENANCE
14.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance unless a different on-maintenance period is specified for a particular asset. Any defective works must be rectified within the maintenance period.
14.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
15.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC
UTILITY SERVICES INFRASTRUCTURE AND ASSETS
15.1 Be responsible for the location and protection of any Council and public utility services infrastructure and assets that may be impacted on during construction of the development.
15.2 Repair damage to all Council and public utility services infrastructure and asset where
damage is a result of the proposed development. Undertake repairs immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard and all other instances repair immediately upon completion of the works associated with the development.
16.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
16.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for the approved development works for the site. The Plan is to cover, but not be limited to the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness; preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to commencement of works.
16.2 Implement the approved Construction Management Plan at all times during
construction of the development. 16.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
17.0 STORMWATER MANAGEMENT
17.1 Provide overland flow paths that do not alter the characteristics of existing overland flows on other properties or that create an increase in flood damage on other properties.
17.2 Provide suitable access for maintenance vehicles to service stormwater treatment
devices.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
17.3 Design and construct stormwater drainage that provides:
17.3.1 for stormwater infrastructure to be included in easements where the infrastructure is located in downstream properties;
17.3.2 one drainage outlet (approved metal kerb adaptor) in the kerb and channel for each lot along its road frontage where roofwater drainage is to be directed to the road pavement (RHS to go 1 metre into property boundary).
17.4 Discharge all minor storm flows that fall or pass onto the site to the lawful point of
discharge in accordance with the Queensland Urban Drainage Manual (QUDM).
17.5 Adjoining properties and roadways to the development are to be protected from ponding or nuisance from stormwater as a result of any site works undertaken as part of the proposed development:
17.5.1 consideration of water quality leaving the site and addressing stormwater quality to best practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
17.6 Be advised that the Stormwater Management Plan prepared by Brandon &
Associates entitled 'Sovereign Park' - Stage 3, Issue B, dated 28/6/2012 and submitted as part of the application is accepted subject to following amendments.
17.6.1 updated to reflect the inclusion and use of the proposed open drain;
17.6.2 lawful point of discharge with agreement from Department of Transport and Main Roads;
17.6.3 piped and overland flow site stormwater systems designed in accordance with the Queensland Urban Drainage Manual;
17.6.4 written consent from the Department of Transport and Main Roads that the design, construction and use of the open drain is acceptable; and
17.6.5 written consent from the owner/s of any property accesses that are required to be removed and/or adjusted, as a result of the proposed open drain.
17.7 Submit to Council, a final amended Stormwater Management Plan and report for
approval prior to submission of any application for Operational Work for Council approval.
18.0 LAWFUL POINT OF DISCHARGE
18.1 Submit to Council, written consent for a lawful point of stormwater discharge from the
Department of Transport and Main Roads, and that the Department approves of the construction of the open drain as proposed within the State Controlled Road Reserve to accept stormwater discharge from the development, prior to approval of Operational Work.
19.0 WATER SUPPLY
19.1 Connect the development to Council’s reticulated water supply system.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
19.2 Remove any redundant water supply connections and reinstate the land. 19.3 Design the system to provide fire flows required by WSAA Guidelines. 19.4 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual”, WSAA Guidelines and relevant development standards used by Council.
19.5 Install a separate water service connection to each lot as per Council's standards. 19.6 Water service connections that require a road crossing shall be constructed in
accordance with Council's Standard Drawing No. W-008, Rev B.
20.0 WATER – EXTENSION
20.1 Design and construct an extension from the existing main to service the whole of the proposed development.
20.2 Install fire hydrant valves to ensure that all allotments are within a distance of 40
metres of the nearest hydrant.
20.3 Provide isolation valves, hydrant markers and RPMs in accordance with WSAA Codes and Council's standards.
20.4 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual” and relevant development standards used by Council.
20.5 Submit to Council, the written consent from the property owner where such works
require entry onto adjoining land prior to Council's approval of Operational Work.
21.0 SEWERAGE 21.1 Connect the development to Council’s reticulated sewerage system. The connection
must be designed in accordance with Council's standards, and be approved by Council’s Utility Services Section. Undertake installation of the trade waste system.
21.2 Actual connection to Council’s live sewerage infrastructure must be undertaken by or
under the supervision of Council. 21.3 Do not build works within 1.5 metres from the centre of any existing sewer pipe work
or within the zone of influence, whichever is the greater (measured horizontally). 21.4 Maintain a minimum of a 3 metre wide corridor to be maintained for
maintenance/upgrade purposes. 21.5 Ensure that a clear level area of a minimum of a 2.5 metre radius surrounding any
existing sewer manholes on the site is provided for future maintenance/upgrade purposes.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
21.6 The above minimum clearances to Council’s sewer infrastructure do not preclude the
need for works to proposed structures to prevent loading to the sewer system. 21.7 Remove any redundant sewer connections and reinstate the land.
22.0 SEWER EXTENSION
22.1 Design and construct sewer extension from SC-MH640/3 to service the whole of the
proposed development and allow for future development of upstream catchments. The sewerage network extension is to:
22.1.1 connect to the existing sewer manhole SC-MH640/3;
22.1.2 provide house connections to each proposed lot; and
22.1.3 be done in accordance with a Development Approval for Operational Work. 22.2 Submit to Council, written consent from the property owner where such works require
entry onto adjoining land prior to approval of Operational Work. 22.3 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual", WSAA Guidelines and relevant development standards used by Council.
22.4 Actual connection to Council’s live sewerage infrastructure must be undertaken by or
under the supervision of Council. 22.5 Design all works in consultation with Council prior to submission of detailed
engineering drawings or Operational Work applications, prior to entry onto the adjoining land.
23.0 ROADWORKS - INTERNAL/NEW ROADS
23.1 Design and construct the new road/s identified as Road 02 and Road 03 on proposed
plan/s of development as an Urban Access (B) and Urban Access (A) respectively, in accordance with Council's Standard Drawing No. R-003, Rev D, relevant Austroads' Standards, EDROC Guidelines and Council’s Planning Scheme, more specifically, include the following:
23.1.1 a minimum carriageway width of 8 metres (Road 02) and 6 metres (Road 03) constructed using a compacted gravelled pavement and a 30mm deep asphalt surface; asphalt shall conform to BCC Type 2 - 10mm or an equivalent;
23.1.2 provision for stormwater drainage, line marking, tapers to existing/new road pavements, signage, street lighting associated with the required roadworks and road reserve transitions between existing and proposed roads; and
23.1.3 cul-de-sac ends with a minimum 9 metre radius to the bulb end and minimum 18 metre approach curve, all measured to the invert of kerb and channel and designed in accordance with the requirements of the applicable Planning Scheme and Council’s adopted standards.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
24.0 STREET SIGNS AND LINE MARKING
24.1 Obtain written approval from Council for any works involving removal or relocation of
existing Council traffic signs prior to commencement of works.
24.2 Install and/or relocate any street signs and/or line marking in accordance with the Manual of Uniform Traffic Control Device (MUTCD). Install new or relocated signage using the V-Lok installation system.
24.3 Provide all new signage with Class 1 retro-reflective material in accordance with
Australian Standard 1743 - Road Signs - Specification.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any road or lane closures and ensure all
conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
26.0 TELECOMMUNICATIONS
26.1 Design and provide underground telecommunications to all lots within the
development. 26.2 Enter into an agreement with the telecommunication carrier to provide
telecommunication services to the development site. 26.3 Submit to Council, written confirmation from a telecommunication provider that an
agreement has been made for the supply of telecommunication services to the development.
26.4 Remove all redundant telecommunication connections and reinstate the land.
27.0 ELECTRICITY
27.1 Design and provide underground electricity supply to all lots within the development
to comply with Ergon Energy's requirements.
27.2 Enter into an agreement with an electricity supplier to provide electricity supply to all lots within the development.
27.3 Submit to Council, written confirmation from an electricity provider that an agreement
has been made for the supply of electricity.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
27.4 Remove all redundant electrical connections and reinstate the land.
27.5 Submit Electrical plans for Council's review prior to endorsement of the Survey Plan.
Be responsible to check and ensure that electrical drawings do not conflict with the civil engineering design.
28.0 SERVICES - EXISTING CONNECTIONS
28.1 Ensure that all services provided to the existing house on proposed Lot 105 are
wholly located within the lot(s) it serves.
29.0 STREET LIGHTING 29.1 Design and install street lighting to the full frontage of the site, intersections and all
streets within the development in accordance with AS/NZS1158 and the road classifications contained within this approval. Submit to Council, street light design plans showing the proposed public lighting system for endorsement.
29.2 Enter into an agreement with an electricity supplier to provide a public lighting system
in accordance with the lighting design plans as required by the previous condition. Submit to Council, written confirmation from an electricity provider that an agreement has been made to provide a public lighting system.
29.3 Ensure that any new street light poles required on external streets are of a consistent
standard (ie steel poles) to street light poles within the immediate vicinity of the development. Heritage style poles are not permitted unless specifically approved by Council.
29.4 Install street lighting in all road reserves on the same side of the road that
accommodates any footpath or shared path.
30.0 EARTHWORKS - GENERAL
30.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
30.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on
Earthworks for Commercial and Residential Developments. 30.3 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. 30.4 Ensure that each lot is self-draining.
31.0 EARTHWORKS - RETAINING STRUCTURES AND BATTERS
31.1 Ensure retaining walls and earthworks batters designs do not adversely affect
adjoining properties and services in the vicinity.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
31.2 Ensure that batters do not exceed a maximum slope of 25% (1 in 4). 31.3 Contain any batters wholly within the proposed development site. 31.4 Do not place fill on adjacent properties without providing Council with written
permission from the respective property owner(s). 31.5 Design and construct all retaining walls and associated footings in accordance with
Australian Standard 4678 Earth Retaining Structures and without encroachment onto adjoining properties or public land.
32.0 EARTHWORKS
32.1 Submit to Council, detailed Engineering drawings and information with the application
for Operational Work, including, but not limited to the following:
32.1.1 long and cross sections of proposed cut or fill and retaining walls as applicable;
32.1.2 existing and proposed surface levels;
32.1.3 proposed drainage works to accommodate existing overland flows;
32.1.4 proposed haulage route(s) that will be used; and
32.1.5 details identifying the source/disposal site(s) for material imported/exported. The site(s) must have a current development approval enabling them to export/accept any material.
32.2 Obtain Council approval for the haulage truck sizes and the final haul route(s) prior to
commencement of any approved works.
33.0 EROSION AND SEDIMENT CONTROL - GENERAL 33.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
33.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
33.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked or released onto adjoining streets or stormwater systems at no cost to Council.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
34.0 ENVIRONMENTAL HEALTH
34.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
34.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
34.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
34.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the
landscaping or areas disturbed during construction.
34.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
34.2.1 uncontaminated overland stormwater flow; and
34.2.2 uncontaminated stormwater to the stormwater system
Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site.
35.0 LAND DEDICATION
35.1 Dedicate, at no cost to Council, land shown on the amended approved plan of
subdivision as required under Condition 23.0, as road reserve.
Timing: Prior to Council’s endorsement of the Plan of Survey.
36.0 PERMANENT SURVEY MARKS
36.1 Install a minimum of one (1) permanent survey mark (PSM) and connect to Australian Height Datum. Ensure that the PSMs are located and installed in accordance with the Survey and Mapping Infrastructure Act 2003.
Timing: Prior to Council’s endorsement of the Plan of Survey.
37.0 EXISTING BUILDINGS TO BE RETAINED
37.1 All existing buildings to be retained on-site on the proposed lots are to be certified by
a suitable qualified Building Certifier that they comply with the Queensland Development Code MP 1.2. A certificate is to be submitted to Council.
Timing: Prior to sealing of the Survey Plan.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
2. The applicant be advised of the attached Concurrence Agency response dated 23 September 2014,
from the Department of Transport and Main Roads who approved the development and provided conditions.
3. The applicant be further advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Work and Plumbing or Drainage Work will be required to be approved.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior Officer, to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Reconfiguring a Lot) shall be four (4)
years starting the day the approval is granted or takes effect. In accordance with Section 341(2) of the Sustainable Planning Act 2009 (SPA), the development approval for Reconfiguring a Lot lapses if a plan for the reconfiguration is not given to Council for Compliance Assessment within the abovementioned relevant period.
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
(g) An applicant has the opportunity to make representations regarding conditions or other
matters in the Development Approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the Development Approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009:
“461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.” (i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Chinchilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. O.G. Moore and seconded by Cr. A.G. Brame That this Report be received and that:
1. The applicant be advised that the application for Development Approval for Reconfiguration of a Lot (1 Lot into 15 Lots) on land described as Lot 100 on SP193600, situated at 190 Chinchilla-Tara Road, Chinchilla, is approved, subject to the following conditions:
GENERAL
1.0 APPROVED PLANS AND DOCUMENTS
1.1 The development shall be carried out generally in accordance with the Approved
Plans and Documents listed below, subject to and modified by the conditions of this approval:
Job No: 121093 Drawing No: 12109301, Issue P6 Description: Lot Layout, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093 Drawing No: 12109302, Issue P6 Description: Survey Plan, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093 Drawing No: 12109303, Issue P6 Description: Master Plan, prepared by Brandon & Associates, dated 01.07.2014 Job No: 121093, Issue A Description: Traffic Impact Assessment Report, prepared by Brandon &
Associates, dated 28/07/2014
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
Job No: 2132-27-02-v01 Description: Flood Impact Assessment -- Sovereign Park Stage 3 Development,
Chinchilla (Lot 100 on SP193600), prepared by Water Technology Pty Ltd, dated 12 February 2014.
2.0 REVISED DOCUMENT
2.1 Prior to the issuing of an Operational Work Permit, the submitted document listed
below shall be revised and provided to Council for review and endorsement: Description: 'Sovereign Park' - Stage 3, Stormwater Management Report, Issue
B, prepared by Brandon & Associates, dated 28/06/2012
The revisions shall show the following alterations to the proposal:
(i) updated to reflect the inclusion and use of the proposed open drain;
(ii) lawful point of discharge agreement from Department of Transport and Main Roads;
(iii) piped and overland flow site stormwater systems designed in accordance with Queensland Urban Drainage Manual;
(iv) written consent from the Department of Transport and Main Roads that the design, construction and use of the open drain is acceptable; and
(v) written consent from the owner/s of any property accesses that are required to be removed and/or adjusted, as a result of the proposed open drain.
3.0 APPROVED DEVELOPMENT
3.1 The approved development is Reconfiguration of a Lot (1 lot into 15 lots) as shown on
the Approved Plans.
4.0 COMPLIANCE, TIMING AND COSTS
4.1 All conditions of the approval shall be complied with before the change occurs (prior to commencement of the use) and whilst the use continues, unless otherwise noted within these conditions.
4.2 All costs associated with compliance with these conditions shall be the responsibility
of the developer unless otherwise noted. 4.3 The Plan of Survey shall not be executed until a letter of compliance is received
demonstrating the development's compliance with all conditions of this approval.
5.0 APPLICATION DOCUMENTATION
5.1 It is the developer’s responsibility to ensure all entities associated with this Development Permit have a legible copy of the Approved Plans and Documents bearing "Council Approval" and the Decision Notice.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
6.0 FEES AND CHARGES
6.1 All fees, rates, interest and other charges levied on the property, shall be paid in full,
in accordance with the rate at the time of payment.
7.0 MAINTENANCE
7.1 The development (including landscaping, parking, driveways and other external spaces) shall be maintained in accordance with the Approved Plans, subject to and modified by any conditions of this approval.
8.0 LOT NUMBERING
8.1 The numbering of all approved lots shall remain as indicated on the Approved Plans
(unless otherwise amended/approved by Council).
9.0 STREET NAMING
9.1 The developer shall forward a letter of Request for Street Naming to Council's Planning Manager providing three (3) alternative names for the new street.
10.0 INFRASTRUCTURE CHARGES
Infrastructure charges are payable in conjunction with this Development Permit.
10.1 All infrastructure charges including those associated with Council's Water, Sewerage, Stormwater, Transport and Parks networks are now levied under the Sustainable Planning Act 2009 following its amendment by the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011. As required under Section 637 of the Sustainable Planning Act, a separate Infrastructure Charges Notice is attached.
PLANNING
11.0 LANDSCAPING – MISCELLANEOUS
11.1 All declared weeds and pests shall be removed from the subject land and the subject
land kept clear of such nuisance varieties at all times during the course of development works and any ensuing defects liability period.
11.2 Apart from declared weeds and pests, trees, shrubs and landscaped areas currently
existing on the subject land shall be retained where possible and action taken to minimise disturbance during construction work.
Timing: Prior to commencement of the use.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
12.0 STREET TREE PLANTING
12.1 The applicant is to submit to Council's Planning Manager or authorised delegate for
endorsement, a Street Tree Planting Plan for street trees within the proposed new road’s road reserves. Street trees are to be planted generally centrally in front of each proposed lot that fronts the proposed new road. The street trees are to be located taking into consideration, proposed or existing underground services. The street trees are to be a minimum of 1 metre in height at the time of planting. The Plan must be prepared by a suitably qualified and experienced Landscape Architect, Horticulturalist, or other person experienced in landscape design and construction.
12.2 The Street Tree Planting Plan must detail:
the typical species to be planted, consisting mainly of drought-tolerant species;
the location, number and size of plants; and
the typical planting detail including preparation, backfill, staking, protection and mulching.
Advice: Council has developed street tree planting standards. Please contact Council for a
copy of these standards in relation to any further inquiries that may pertain to street tree planting.
12.3 The developer must undertake the street tree works in accordance with the Approved
Street Tree Planting Plan, or as otherwise approved in writing by Council's Planning Manager. Any amendments approved by Council's Planning Manager are taken to be a part of the Approved Street Tree Planting Plan.
Timing: Prior to Council's endorsement of the Plan of Survey.
ENGINEERING
13.0 ENGINEERING WORKS
13.1 Submit to Council, an Operational Work application for all works that will become Council infrastructure, and for earthworks and stormwater.
13.2 Complete all works approved and works required by conditions of this development
approval and/or any related approvals at no cost to Council, prior to Council's endorsement of the Survey Plan unless stated otherwise.
13.3 Undertake Engineering designs and construction in accordance with the Planning
Scheme, Council’s Development Manual and Standard Drawings, relevant Australian Standards, Codes of Practice, EDROC Regional Standards Manual and relevant Design Manuals.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
13.4 Submit to Council, certification from a Registered Professional Engineer of
Queensland (RPEQ-Civil) that all works authorised by this development approval and any related approval issued by Council have been designed and constructed in accordance with the requirements of the development approval:
13.4.1 submit a Design Certificate with the application; and
13.4.2 submit a Construction Supervision Certificate at completion of the approved works and prior to Council's acceptance of the works on-maintenance.
13.5 Be responsible for any alteration necessary to electricity, telephone, water mains,
sewer mains, stormwater drainage systems or easements and/or other public utility installations resulting from the development or from road and drainage works required in connection with the development.
14.0 MAINTENANCE
14.1 Maintain all works that will become Council infrastructure for a period of 24 months
(maintenance period) from the date of on-maintenance unless a different on-maintenance period is specified for a particular asset. Any defective works must be rectified within the maintenance period.
14.2 Provide Council with a maintenance bond in an acceptable form equal to 5% of the
value of Council infrastructure prior to commencement of the maintenance period.
15.0 LOCATION, PROTECTION AND REPAIR OF DAMAGE TO COUNCIL AND PUBLIC UTILITY SERVICES INFRASTRUCTURE AND ASSETS
15.1 Be responsible for the location and protection of any Council and public utility services
infrastructure and assets that may be impacted on during construction of the development.
15.2 Repair damage to all Council and public utility services infrastructure and asset where
damage is a result of the proposed development. Undertake repairs immediately where it creates a hazard to the community, including a pedestrian or vehicular safety hazard and all other instances repair immediately upon completion of the works associated with the development.
16.0 CONSTRUCTION AND NUISANCE MANAGEMENT PLAN
16.1 Submit to Council for endorsement, a Construction and Nuisance Management Plan
for the approved development works for the site. The Plan is to cover, but not be limited to the following:
air quality management; noise and vibration management; storm water quality management; erosion and sediment management; vegetation management; waste management; complaint management; community awareness;
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
preparation of site work plans; workers’ car parking arrangements; and traffic control during works.
Timing: Prior to commencement of works.
16.2 Implement the approved Construction Management Plan at all times during
construction of the development. 16.3 Ensure a legible copy of the approved Construction Management Plan is available
on-site at all times during construction and earthworks.
17.0 STORMWATER MANAGEMENT
17.1 Provide overland flow paths that do not alter the characteristics of existing overland flows on other properties or that create an increase in flood damage on other properties.
17.2 Provide suitable access for maintenance vehicles to service stormwater treatment
devices.
17.3 Design and construct stormwater drainage that provides:
17.3.1 for stormwater infrastructure to be included in easements where the infrastructure is located in downstream properties;
17.3.2 one drainage outlet (approved metal kerb adaptor) in the kerb and channel for each lot along its road frontage where roofwater drainage is to be directed to the road pavement (RHS to go 1 metre into property boundary).
17.4 Discharge all minor storm flows that fall or pass onto the site to the lawful point of
discharge in accordance with the Queensland Urban Drainage Manual (QUDM).
17.5 Adjoining properties and roadways to the development are to be protected from ponding or nuisance from stormwater as a result of any site works undertaken as part of the proposed development:
17.5.1 consideration of water quality leaving the site and addressing stormwater quality to best practices of environmental management design objectives in accordance with the SPP 2013 (State Planning Policy).
17.6 Be advised that the Stormwater Management Plan prepared by Brandon &
Associates entitled 'Sovereign Park' - Stage 3, Issue B, dated 28/6/2012 and submitted as part of the application is accepted subject to following amendments.
17.6.1 updated to reflect the inclusion and use of the proposed open drain;
17.6.2 lawful point of discharge with agreement from Department of Transport and Main Roads;
17.6.3 piped and overland flow site stormwater systems designed in accordance with the Queensland Urban Drainage Manual;
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
17.6.4 written consent from the Department of Transport and Main Roads that the
design, construction and use of the open drain is acceptable; and
17.6.5 written consent from the owner/s of any property accesses that are required to be removed and/or adjusted, as a result of the proposed open drain.
17.7 Submit to Council, a final amended Stormwater Management Plan and report for
approval prior to submission of any application for Operational Work for Council approval.
18.0 LAWFUL POINT OF DISCHARGE
18.1 Submit to Council, written consent for a lawful point of stormwater discharge from the
Department of Transport and Main Roads, and that the Department approves of the construction of the open drain as proposed within the State Controlled Road Reserve to accept stormwater discharge from the development, prior to approval of Operational Work.
19.0 WATER SUPPLY
19.1 Connect the development to Council’s reticulated water supply system. 19.2 Remove any redundant water supply connections and reinstate the land. 19.3 Design the system to provide fire flows required by WSAA Guidelines. 19.4 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual”, WSAA Guidelines and relevant development standards used by Council.
19.5 Install a separate water service connection to each lot as per Council's standards. 19.6 Water service connections that require a road crossing shall be constructed in
accordance with Council's Standard Drawing No. W-008, Rev B.
20.0 WATER – EXTENSION
20.1 Design and construct an extension from the existing main to service the whole of the proposed development.
20.2 Install fire hydrant valves to ensure that all allotments are within a distance of 40
metres of the nearest hydrant.
20.3 Provide isolation valves, hydrant markers and RPMs in accordance with WSAA Codes and Council's standards.
20.4 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual” and relevant development standards used by Council.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
20.5 Submit to Council, the written consent from the property owner where such works
require entry onto adjoining land prior to Council's approval of Operational Work.
21.0 SEWERAGE 21.1 Connect the development to Council’s reticulated sewerage system. The connection
must be designed in accordance with Council's standards, and be approved by Council’s Utility Services Section. Undertake installation of the trade waste system.
21.2 Actual connection to Council’s live sewerage infrastructure must be undertaken by or
under the supervision of Council. 21.3 Do not build works within 1.5 metres from the centre of any existing sewer pipe work
or within the zone of influence, whichever is the greater (measured horizontally). 21.4 Maintain a minimum of a 3 metre wide corridor to be maintained for
maintenance/upgrade purposes. 21.5 Ensure that a clear level area of a minimum of a 2.5 metre radius surrounding any
existing sewer manholes on the site is provided for future maintenance/upgrade purposes.
21.6 The above minimum clearances to Council’s sewer infrastructure do not preclude the
need for works to proposed structures to prevent loading to the sewer system. 21.7 Remove any redundant sewer connections and reinstate the land.
22.0 SEWER EXTENSION
22.1 Design and construct sewer extension from SC-MH640/3 to service the whole of the
proposed development and allow for future development of upstream catchments. The sewerage network extension is to:
22.1.1 connect to the existing sewer manhole SC-MH640/3;
22.1.2 provide house connections to each proposed lot; and
22.1.3 be done in accordance with a Development Approval for Operational Work. 22.2 Submit to Council, written consent from the property owner where such works require
entry onto adjoining land prior to approval of Operational Work. 22.3 Design and construct all works in accordance with Council’s requirements as set out
in the “EDROC Regional Standards Manual", WSAA Guidelines and relevant development standards used by Council.
22.4 Actual connection to Council’s live sewerage infrastructure must be undertaken by or
under the supervision of Council. 22.5 Design all works in consultation with Council prior to submission of detailed
engineering drawings or Operational Work applications, prior to entry onto the adjoining land.
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MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
23.0 ROADWORKS - INTERNAL/NEW ROADS
23.1 Design and construct the new road/s identified as Road 02 and Road 03 on proposed
plan/s of development as an Urban Access (B) and Urban Access (A) respectively, in accordance with Council's Standard Drawing No. R-003, Rev D, relevant Austroads' Standards, EDROC Guidelines and Council’s Planning Scheme, more specifically, include the following:
23.1.1 a minimum carriageway width of 8 metres (Road 02) and 6 metres (Road 03) constructed using a compacted gravelled pavement and a 30mm deep asphalt surface; asphalt shall conform to BCC Type 2 - 10mm or an equivalent;
23.1.2 provision for stormwater drainage, line marking, tapers to existing/new road pavements, signage, street lighting associated with the required roadworks and road reserve transitions between existing and proposed roads; and
23.1.3 cul-de-sac ends with a minimum 9 metre radius to the bulb end and minimum 18 metre approach curve, all measured to the invert of kerb and channel and designed in accordance with the requirements of the applicable Planning Scheme and Council’s adopted standards.
24.0 STREET SIGNS AND LINE MARKING
24.1 Obtain written approval from Council for any works involving removal or relocation of
existing Council traffic signs prior to commencement of works.
24.2 Install and/or relocate any street signs and/or line marking in accordance with the Manual of Uniform Traffic Control Device (MUTCD). Install new or relocated signage using the V-Lok installation system.
24.3 Provide all new signage with Class 1 retro-reflective material in accordance with
Australian Standard 1743 - Road Signs - Specification.
25.0 ROADWORKS AND PEDESTRIAN SAFETY
25.1 Install signage for all works on or near roadways in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.
25.2 Submit to Council, an application for any road or lane closures and ensure all
conditions of that approval are complied with during construction of the works. 25.3 Maintain safe pedestrian access along Council's footpaths at all times.
26.0 TELECOMMUNICATIONS
26.1 Design and provide underground telecommunications to all lots within the
development. 26.2 Enter into an agreement with the telecommunication carrier to provide
telecommunication services to the development site.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
26.3 Submit to Council, written confirmation from a telecommunication provider that an
agreement has been made for the supply of telecommunication services to the development.
26.4 Remove all redundant telecommunication connections and reinstate the land.
27.0 ELECTRICITY
27.1 Design and provide underground electricity supply to all lots within the development
to comply with Ergon Energy's requirements.
27.2 Enter into an agreement with an electricity supplier to provide electricity supply to all lots within the development.
27.3 Submit to Council, written confirmation from an electricity provider that an agreement
has been made for the supply of electricity.
27.4 Remove all redundant electrical connections and reinstate the land.
27.5 Submit Electrical plans for Council's review prior to endorsement of the Survey Plan. Be responsible to check and ensure that electrical drawings do not conflict with the civil engineering design.
28.0 SERVICES - EXISTING CONNECTIONS
28.1 Ensure that all services provided to the existing house on proposed Lot 105 are
wholly located within the lot(s) it serves.
29.0 STREET LIGHTING 29.1 Design and install street lighting to the full frontage of the site, intersections and all
streets within the development in accordance with AS/NZS1158 and the road classifications contained within this approval. Submit to Council, street light design plans showing the proposed public lighting system for endorsement.
29.2 Enter into an agreement with an electricity supplier to provide a public lighting system
in accordance with the lighting design plans as required by the previous condition. Submit to Council, written confirmation from an electricity provider that an agreement has been made to provide a public lighting system.
29.3 Ensure that any new street light poles required on external streets are of a consistent
standard (ie steel poles) to street light poles within the immediate vicinity of the development. Heritage style poles are not permitted unless specifically approved by Council.
29.4 Install street lighting in all road reserves on the same side of the road that
accommodates any footpath or shared path.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
30.0 EARTHWORKS - GENERAL
30.1 Earthworks per site involving cut or fill greater than 1 metre in height and quantity of
material greater than 50m3, or earthworks involving cut or fill less than 1 metre in height and quantity of material greater than 100m³ requires an Operational Work application.
30.2 Undertake earthworks in accordance with the provisions of AS3798 Guidelines on
Earthworks for Commercial and Residential Developments. 30.3 Supervise bulk earthworks to Level 1 and have a frequency of field density testing in
accordance with Table 8.1 of AS3798. 30.4 Ensure that each lot is self-draining.
31.0 EARTHWORKS - RETAINING STRUCTURES AND BATTERS
31.1 Ensure retaining walls and earthworks batters designs do not adversely affect
adjoining properties and services in the vicinity. 31.2 Ensure that batters do not exceed a maximum slope of 25% (1 in 4). 31.3 Contain any batters wholly within the proposed development site. 31.4 Do not place fill on adjacent properties without providing Council with written
permission from the respective property owner(s). 31.5 Design and construct all retaining walls and associated footings in accordance with
Australian Standard 4678 Earth Retaining Structures and without encroachment onto adjoining properties or public land.
32.0 EARTHWORKS
32.1 Submit to Council, detailed Engineering drawings and information with the application
for Operational Work, including, but not limited to the following:
32.1.1 long and cross sections of proposed cut or fill and retaining walls as applicable;
32.1.2 existing and proposed surface levels;
32.1.3 proposed drainage works to accommodate existing overland flows;
32.1.4 proposed haulage route(s) that will be used; and
32.1.5 details identifying the source/disposal site(s) for material imported/exported. The site(s) must have a current development approval enabling them to export/accept any material.
32.2 Obtain Council approval for the haulage truck sizes and the final haul route(s) prior to
commencement of any approved works.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
33.0 EROSION AND SEDIMENT CONTROL - GENERAL
33.1 Undertake erosion and sediment control during construction works in accordance with
Council's Standard Drawing No's D-005 (Rev A), D-006 (Rev A) and D-007 (Rev A) as applicable.
33.2 Ensure that all reasonable actions are taken to prevent sediment or sediment laden
water from being transported to adjoining properties, roads and/or stormwater drainage systems.
33.3 Remove and clean-up the sediment or other pollutants in the event that sediment or
other pollutants are tracked or released onto adjoining streets or stormwater systems at no cost to Council.
34.0 ENVIRONMENTAL HEALTH
34.1 Undertake operations and construction work associated with this development to the
requirements of Council, including the following:
34.1.1 do not cause nuisance to adjoining residents by the way of smoke, dust, stormwater discharge or siltation of drains, at any time, including non-working hours;
34.1.2 remove immediately, any material spilled or carried onto existing roads to avoid dust nuisance and ensure traffic safety; and
34.1.3 do not carry out works on Sundays or Public Holidays (unless approved otherwise by Council).
Timing: During construction and on-maintenance period and the establishment period of the
landscaping or areas disturbed during construction.
34.2 Do not release contaminants or contaminated water directly or indirectly from the land subject to this approval, or to the ground or groundwater at the land subject to this approval, except for:
34.2.1 uncontaminated overland stormwater flow; and
34.2.2 uncontaminated stormwater to the stormwater system
Timing: Prior to commencement of any works on-site, during works on-site and maintained for the period of the use of the development site.
35.0 LAND DEDICATION
35.1 Dedicate, at no cost to Council, land shown on the amended approved plan of
subdivision as required under Condition 23.0, as road reserve.
Timing: Prior to Council’s endorsement of the Plan of Survey.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
36.0 PERMANENT SURVEY MARKS
36.1 Install a minimum of one (1) permanent survey mark (PSM) and connect to Australian
Height Datum. Ensure that the PSMs are located and installed in accordance with the Survey and Mapping Infrastructure Act 2003.
Timing: Prior to Council’s endorsement of the Plan of Survey.
37.0 EXISTING BUILDINGS TO BE RETAINED
37.1 All existing buildings to be retained on-site on the proposed lots are to be certified by
a suitable qualified Building Certifier that they comply with the Queensland Development Code MP 1.2. A certificate is to be submitted to Council.
Timing: Prior to sealing of the Survey Plan.
2. The applicant be advised of the attached Concurrence Agency response dated 23 September 2014,
from the Department of Transport and Main Roads who approved the development and provided conditions.
3. The applicant be further advised that:
(a) Prior to works commencing on-site, separate applications for Development Permit for Building
Work and Plumbing or Drainage Work will be required to be approved.
(b) Prior to commencement of the use, the applicant shall contact Council’s Compliance Senior Officer, to arrange a Development Compliance Inspection.
(c) The applicant must ensure compliance with environmental conditions whether required to
hold an Environmental Authority or not. These include, but are not limited to water quality, air quality, noise levels, waste waters, lighting and visual quality as a result of any activity or by-product or storage of materials within the confines of the building(s) and property boundaries.
Any amendment, alteration or addition to the Development Approval will require further consideration by Council in assessing any changes to the environmental conditions.
(d) The Aboriginal Cultural Heritage Act 2003 (AHCA) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care:
(i) is not negated by the issuing of this development approval;
(ii) applies on all land and water, including freehold land;
(iii) lies with the person or entity conducting an activity; and
(iv) if breached, is subject to criminal offence penalties.
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Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Co-ordination Unit on telephone (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.
(e) The relevant period for the development approval (Reconfiguring a Lot) shall be four (4)
years starting the day the approval is granted or takes effect. In accordance with Section 341(2) of the Sustainable Planning Act 2009 (SPA), the development approval for Reconfiguring a Lot lapses if a plan for the reconfiguration is not given to Council for Compliance Assessment within the abovementioned relevant period.
An applicant may request Council to extend the relevant period provided that such request is made in accordance with Section 383 of SPA and before the development approval lapses under Section 341 of SPA.
(f) Council is to be indemnified against any claims arising from works carried out by the applicant
on Council’s property. (g) An applicant has the opportunity to make representations regarding conditions or other
matters in the Development Approval within 20 business days of receiving the Decision Notice in accordance with Section 361 of SPA. The applicant’s appeal period may also be suspended in accordance with Section 366 of SPA, to allow further time for consideration of matters contained in the Development Approval. In the case of refusal, an applicant does not have the opportunity to extend the appeal period.
(h) An applicant has the opportunity to appeal against Council’s decision in accordance with the
relevant section of the Sustainable Planning Act 2009:
“461 Appeals by Applicants, (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 a 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. (3) An appeal under Subsection (1)(e) may be started at any time after the last day a
decision on the matter should have been made.”
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
(i) It should be noted that Council resolved not to accept security in lieu of completion of works,
except in the following circumstances: (a) where it is Council’s opinion that necessary works would result in the provision of
sub-standard services for future development and the work is not critical to the development, or
(b) where it is Council’s opinion the work is very minor, not critical to the development,
and, the timing for the completion of that work is an unreasonable impost on the developer.
In both cases, the acceptance of security in lieu of works is at Council’s discretion.
(j) The relevant Planning Scheme for this Development Permit is the Planning Scheme for
Chinchilla Shire 2006. All references to the Planning Scheme and Schedules within these conditions refer to the above Planning Scheme.
Page 189
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DECISION ORD.IS/9.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/9.3.8 (035.2012.1125.001) Infrastructure Services Report
Development Application for Reconfiguring a Lot (1 Lot into 15 Lots) on Lot 100 on SP193600 at 190 Chinchilla-Tara Road, Chinchilla SP3 Pty Ltd …(Cont’d)
CARRIED (7,2) FOR VOTE - Cr. C.M. Hall, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame,
Cr. O.G. Moore, Cr. R.C. Brown AGAINST VOTE - Cr. G.M. Olm, Cr. C.T. Tillman
ABSENT. DID NOT VOTE - Nil
Page 190
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION
ORD.EXS/10.1 EXECUTIVE SERVICES REPORTS
ORD.EXS/10.1.1 Executive Services Report Toowoomba Surat Basin Enterprise International Business Conference Trip (Houston) February 2015
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 17/5/5 Date 3 December 2014 Authored by C. Tunley, ECONOMIC DEVELOPMENT SENIOR OFFICER Responsible Manager J. Gilroy, PEOPLE, ORGANISATION AND ECONOMIC DEVELOPMENT
EXECUTIVE MANAGER Responsible General Manager P.A. Berting, CHIEF EXECUTIVE OFFICER
Summary/Purpose
The purpose of this Report is to provide Council with information regarding the proposed Toowoomba and Surat Basin Enterprise International Business and Conference Trip to Houston in February 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted and that Council's direction be provided. Justification Nil Link to Corporate Plan Strategic Theme 5: Innovation and Economic Success Through strategic investment, facilitation and advocacy Western Downs Regional Council will continue to build capacity for the sustainable growth of our prosperous region. Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
Page 191
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.EXS/10.1 EXECUTIVE SERVICES REPORTS ORD.EXS/10.1.1 Executive Services Report Toowoomba Surat Basin Enterprise
International Business Conference Trip (Houston) February 2015 …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. O.G. Moore That this Report be received and noted.
CARRIED
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION
ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.1 Corporate and Community Support Financial Report November 2014
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 13/1/29,13/6/2 Date 3 December 2014 Authored by T. Bennett, FINANCIAL PLANNING MANAGER Responsible Manager T. Bennett, FINANCIAL PLANNING MANAGER Responsible General Manager L. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is for Council to receive the Financial Report for the period ending 30 November 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.N. Smith That this Report be received and noted.
CARRIED
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.2 Corporate and Community Support Report Proposed Change to Councillor Private Use of Council Vehicle Charge
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 14/4/6 Date 8 December 2014 Authored by L. Sharpe, GOVERNANCE AND INFORMATION SUPPORT MANAGER Responsible Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's approval to endorse changes to remuneration in relation to private use of Council vehicles in accordance with Restricted Private Use of Vehicle Lease Agreements with Councillors. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council confirms the increased charge ($55.00 per week up from $33.00 per week) for the private use
of vehicles by Councillors pursuant to their Restricted Private Use of Vehicle Lease Agreements, with such increase to take effect from the first full pay period in January 2015.
Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.
Page 194
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.2 Corporate and Community Support Report Proposed Change
to Councillor Private Use of Council Vehicle Charge …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. R.B. Jamieson That this Report be received and that: 1. Council confirms the increased charge ($55.00 per week up from $33.00 per week) for the private use
of vehicles by Councillors pursuant to their Restricted Private Use of Vehicle Lease Agreements, with such increase to take effect from the first full pay period in January 2015.
FORESHADOWED MOTION Cr. O.G. Moore foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and that Council seeks advice regarding the Lease Agreement which states that "Any revised charge shall apply from the first pay period after 1st July of each year" and further that this be reviewed with the Councillor Expenses Reimbursement Policy - Council Policy.
AMENDMENT NO. 1
MOVED by Cr. I.J. Rasmussen and seconded by Cr. C.T. Tillman That this Report be received and that: 1. Council confirms the increased charge ($55.00 per week up from $33.00 per week) for the private use
of vehicles by Councillors pursuant to their Restricted Private Use of Vehicle Lease Agreements, to take effect as per the current Lease Agreement.
The AMENDMENT NO. 1 was PUT and CARRIED (5,4)
FOR VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown AGAINST VOTE - Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame
ABSENT. DID NOT VOTE - Nil
The AMENDMENT NO. 1 became the SUBSTANTIVE MOTION and was PUT and CARRIED (7,2) FOR VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson,
Cr. A.G. Brame, Cr. R.C. Brown AGAINST VOTE - Cr. O.G. Moore, Cr. C.T. Tillman
ABSENT. DID NOT VOTE - Nil
Page 195
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.2.1 Strategy Session Use of Motor Vehicles - Organisational Policy File No 1/2/3
Summary/Purpose
COUNCIL RESOLUTION
MOVED by Cr. C.M. Hall and seconded by Cr. R.B. Jamieson That Council fully review at a Strategy Session the "Use of Motor Vehicles - Organisational Policy" dated October 2014 inclusive of the proposed unrestricted use and that this Policy be brought back to Council for endorsement.
LOST (4,5) FOR VOTE - Cr. C.M. Hall, Cr. R.B. Jamieson, Cr. O.G. Moore, Cr. C.T. Tillman
AGAINST VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. A.G. Brame, Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
Page 196
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.3 Corporate and Community Support Report Petition Moonie Mobile Tower
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 14/6/3 Date 5 December 2014 Authored by P. Greet, INFORMATION TECHNOLOGY MANAGER Responsible Manager P. Greet, INFORMATION TECHNOLOGY MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with information on the action taken following receipt of a Petition from Concerned Residents of Moonie seeking a telecommunication tower to be built in the district. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted and that: 1. Correspondence be forwarded to the Submitter of the Petition advising of the actions taken to date by
Council in relation to Mobile Phone Coverage at Moonie. Justification Nil Link to Corporate Plan Strategic Theme 8: Accessible and Connected Places The Western Downs region will continue to develop accessible transport systems and advocate for improved telecommunications to connect our people, businesses and industries locally, regionally, nationally and globally.
Page 197
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.3 Corporate and Community Support Report Petition Moonie
Mobile Tower …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.N. Smith That this Report be received and noted and that: 1. Correspondence be forwarded to the Submitter of the Petition advising of the actions taken to date by
Council in relation to Mobile Phone Coverage at Moonie.
CARRIED
Page 198
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.4 Corporate and Community Support Report Best Start Family Literacy Initiative
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 4/1/6;13/1/23 Date 8 December 2014 Authored by S. Swalling, LIBRARY SERVICES COORDINATOR Responsible Manager C. Murphy, COMMUNITY DEVELOPMENT MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's approval to accept Queensland State Government funding distributed by the Library Board of Queensland for the Best Start family literacy initiative, beginning in January 2015. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council accept the funding for the Best Start family literacy initiative and that the State Government
project priorities as outlined in the Service Level Agreement be endorsed by Council as they pertain to the Western Downs Region;
2. Provision of $39,996 Contribution Revenue per year over the next four (4) years for a total
Contribution Revenue of $159,984 be provided for in the Second Quarter Review of the 2014/2015 Budget;
3. Provision of $48,484 expenditure (Programmes and Corporate Overhead) per year over the next four
(4) years for a total expenditure of $193,936 be provided for in the Second Quarter Review of the 2014/2015 Budget with the net cost to Council being estimated as:
a. Corporate Overheads of $33,952 ($8,488 per year for four (4) years), funding for which is not
permitted under the proposed funding arrangements. Justification Nil
Page 199
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.4 Corporate and Community Support Report Best Start Family
Literacy Initiative …(Cont’d)
Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region.
COUNCIL RESOLUTION
MOVED by Cr. C.T. Tillman and seconded by Cr. I.J. Rasmussen That this Report be received and that: 1. Council accept the funding for the Best Start family literacy initiative and that the State Government
project priorities as outlined in the Service Level Agreement be endorsed by Council as they pertain to the Western Downs Region;
2. Provision of $39,996 Contribution Revenue per year over the next four (4) years for a total
Contribution Revenue of $159,984 be provided for in the Second Quarter Review of the 2014/2015 Budget;
3. Provision of $48,484 expenditure (Programmes and Corporate Overhead) per year over the next four
(4) years for a total expenditure of $193,936 be provided for in the Second Quarter Review of the 2014/2015 Budget with the net cost to Council being estimated as:
a. Corporate Overheads of $33,952 ($8,488 per year for four (4) years), funding for which is not
permitted under the proposed funding arrangements.
4. Any extension to this program requires the approval of Council.
FORESHADOWED MOTION Cr. A.N. Smith foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and a further Report be provided regarding a more detailed Budget including the allocation of staff.
The ORIGINAL MOTION was PUT and CARRIED (5,4) FOR VOTE - Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. C.T. Tillman, Cr. R.C. Brown
AGAINST VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. O.G. Moore ABSENT. DID NOT VOTE - Nil
COUNCIL RESOLUTION MOVED by Cr. G.M. Olm and seconded by Cr. C.T. Tillman That Council resolve to adjourn the Meeting.
CARRIED The Meeting adjourned at 12:37 PM. The Meeting resumed at 01:10 PM.
Page 200
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
ORD.CCS/10.2.5 Corporate and Community Support Report Australia Pacific Liquefied Natural Gas Proposal for Tourism Planning and Infrastructure Development
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 9/2/1 Date 5 December 2014 Authored by D. Ashurst, COMMUNITY DEVELOPMENT COORDINATOR EAST Responsible Manager C. Murphy, COMMUNITY DEVELOPMENT MANAGER Responsible General Manager L. R. Vohland, CORPORATE AND COMMUNITY SUPPORT GENERAL
MANAGER
Summary/Purpose
The purpose of this Report is to seek the Council's support of a concept proposal submitted by Australia Pacific Liquefied Natural Gas to partner with Council to undertake local tourism planning and tourism related infrastructure development. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council approve, in principle, the concept proposal submitted by Australia Pacific Liquefied Natural
Gas (APLNG) to partner with Council to undertake local tourism planning and tourism related infrastructure development as presented to Councillors at the Strategy Session of 8 December 2014;
2. A funding agreement with APLNG be developed for approval by Council; 3. Subject to the development of a formal agreement with APLNG, the Council would list the proposed
matching financial contribution up to a maximum $750,000 for consideration in budget proposals over the next three (3) financial year periods commencing in the 2015/2016 financial period; and
4. A further Report be presented to Council detailing the proposed governance arrangements in regard
to the tourism planning process and future infrastructure project approvals. Justification Nil
Page 201
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.CCS/10.2 CORPORATE AND COMMUNITY SUPPORT REPORTS ORD.CCS/10.2.5 Corporate and Community Support Report Australia Pacific
Liquefied Natural Gas Proposal for Tourism Planning and Infrastructure Development …(Cont’d)
Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region. Strategic Theme 4: Welcoming Communities The unique character and identity of the people and towns of the Western Downs will be promoted and celebrated both within our region and beyond. Strategic Theme 5: Innovation and Economic Success Through strategic investment, facilitation and advocacy Western Downs Regional Council will continue to build capacity for the sustainable growth of our prosperous region.
COUNCIL RESOLUTION
MOVED by Cr. A.G. Brame and seconded by Cr. O.G. Moore That this Report be received and that: 1. Council approve, in principle, the concept proposal submitted by Australia Pacific Liquefied Natural
Gas (APLNG) to partner with Council to undertake local tourism planning and tourism related infrastructure development as presented to Councillors at the Strategy Session of 8 December 2014;
2. A funding agreement with APLNG be developed for approval by Council; 3. Subject to the development of a formal agreement with APLNG, the Council would list the proposed
matching financial contribution up to a maximum $750,000 for consideration in budget proposals over the next three (3) financial year periods commencing in the 2015/2016 financial period; and
4. A further Report be presented to Council detailing the proposed governance arrangements in regard
to the tourism planning process and future infrastructure project approvals.
CARRIED
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION
ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.1 Infrastructure Services Report Prohibited Development under the Sustainable Planning Act 2009
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 8/5/40 Date 4 December 2014 Authored by K. Swepson, PLANNING OFFICER DEVELOPMENT ASSESSMENT and
A. Pugh, STRATEGIC SENIOR PLANNING OFFICER Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with further information regarding the health and wellbeing of the community after the establishment of Brothels and the appropriateness of allowing a Material Change of Use application to establish a Brothel within the Region. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council resolve to provide direction in relation to allowing Material Change of Use applications to
establish a Brothel on land zoned as Industrial within the Region, subject to the assessment of, and compliance with the relevant provisions of the applicable Planning Scheme, the Sustainable Planning Act 2009 and the Prostitution Act 2000.
Council is provided with discretion under the Sustainable Planning Act 2009, to determine whether or not Brothel applications are considered prohibited development given that towns within the Region do not exceed the 25,000 person population threshold, despite the proposal meeting the relevant planning grounds. Council is requested to provide advice in relation to whether or not they wish to prohibit Brothel applications being received within the Region.
Justification Nil
Page 203
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.1 Infrastructure Services Report Prohibited Development under
the Sustainable Planning Act 2009 …(Cont’d)
Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region. Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. A.G. Brame and seconded by Cr. G.M. Olm That Council resolves to prohibit the lodgement of Development Applications for a Material Change of Use for Brothels within the Region.
CARRIED
Page 204
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.2 Infrastructure Services Report Petition Seeking Heavy Vehicle Alternative Route Benn Street Tara
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 14/6/3 & 28/7/3, Doc. No. 2481671 Date 5 December 2014 Authored by J. Braithwaite, WORKS SENIOR TECHNICAL OFFICER TARA Responsible Manager B. Sehmi, WORKS MANAGER CHINCHILLA Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with the options available for an alternative route for heavy vehicle movements to and from Benn Street Tara including the option of relocating an existing transport business to outside the residential boundaries. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council approve Option 3 - The widening and reconstruction of Benn Street from the Surat
Developmental Road to Lot 23 Benn Street,Tara in the 2015/2016 Capital Budget. Justification Nil Link to Corporate Plan Strategic Theme 2: Enriched Communities The communities of the Western Downs are enriched through the provision of relevant facilities, essential as well as social services targeted to the needs of our growing region. Strategic Theme 3: Healthy Living The people of the Western Downs enjoy the benefits of a healthy and active lifestyle within safe and inclusive communities.
Page 205
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.2 Infrastructure Services Report Petition Seeking Heavy Vehicle
Alternative Route Benn Street Tara …(Cont’d)
Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. C.T. Tillman and seconded by Cr. R.B. Jamieson That this Report be received and that: 1. Council approves Option 3 - The widening and reconstruction of Benn Street from the Surat
Developmental Road to Lot 23 Benn Street,Tara in the 2015/2016 Capital Budget.
CARRIED
Page 206
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.3 Infrastructure Services Report Chinchilla Depot Master Plan To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 6/5/2 Date 8 December 2014 Authored by S. Forbes, CIVIL DESIGN COORDINATOR Responsible Manager S. Hegedus, TECHNICAL SERVICES MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's direction in relation to the redevelopment of the Chinchilla Depot. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that Council: 1. Investigate the possibility of closing Canaga Street from Bell Street to the Railway Street Depot
entrance;
2. Investigate obtaining approval from the Department of Natural Resources and Mines to access Lot 169 SP172881 from Canaga Street; and
3. Prepare a preliminary Chinchilla Depot Redevelopment Master Plan based on "Option 2 - Expand
existing site with road closures and utilise property Lot 169 SP172881".
Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.
Page 207
Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.3 Infrastructure Services Report Chinchilla Depot Master Plan
…(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. O.G. Moore and seconded by Cr. A.N. Smith That this Report be received and that Council: 1. Investigate the possibility of closing Canaga Street from Bell Street to the Railway Street Depot
entrance;
2. Investigate obtaining approval from the Department of Natural Resources and Mines to access Lot 169 SP172881 from Canaga Street;
3. Prepare a preliminary Chinchilla Depot Redevelopment Master Plan based on "Option 2 - Expand
existing site with road closures and utilise property Lot 169 SP172881"; and
4. Prepare a preliminary Chinchilla Depot Redevelopment Master Plan based on "Option 4 - Develop new Depot at Saleyards location".
FORESHADOWED MOTION NO. 1 Cr. R.B. Jamieson foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and the issue be considered at a Strategy Session.
The ORIGINAL MOTION was PUT and LOST (4,5) FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. A.G. Brame, Cr. O.G. Moore
AGAINST VOTE - Cr. C.M. Hall, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. C.T. Tillman, Cr. R.C. Brown ABSENT. DID NOT VOTE - Nil
FORESHADOWED MOTION NO. 1 MOVED As foreshadowed Cr. R.B. Jamieson moved and seconded by Cr. C.T. Tillman That this Report be received and the issue be considered at a Strategy Session. The FORESHADOWED MOTION became the SUBSTANTIVE MOTION. FORESHADOWED MOTION NO. 2 Cr. O.G. Moore foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and that Council: 1. Prepare a preliminary Chinchilla Depot Redevelopment Master Plan based on "Option 4 - Develop
new Depot at Saleyards location".
The SUBSTANTIVE MOTION was PUT and CARRIED (7,2) FOR VOTE - Cr. C.M. Hall, Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. C.T.
Tillman, Cr. R.C. Brown AGAINST VOTE - Cr. A.G. Brame, Cr. O.G. Moore
ABSENT. DID NOT VOTE - Nil
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.4 Infrastructure Services Report Commercial Use of Roads Cunningham Street Dalby Busking Area
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 20/6/4, ECM Doc. Set No. 2558245 Date 8 December 2014 Authored by C. Marais, ENVIRONMENTAL HEALTH COORDINATOR Responsible Manager T. Summerville, ENVIRONMENT AND HEALTH MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's direction in relation to a recent Application for Commercial Use of Roads/Areas lodged with Council by Bervolk Enterprises Pty Ltd (T/A Stellarossa Dalby). The applicant has made application for the exclusive use of 45.28m2 of the Cunningham Street Dalby busking area, i.e. 5.66m x 8.00m. The proposed area makes up approximately 40% of the busking facility. Further the installation of business signage on the external decorative timber panelling is proposed. Employee Material Personal Interest/Conflict of Interest Mr P. Berting, Chief Executive Officer declared a conflict of interest in respect to this matter due to he being related to a Director of the Applicant, Bervolk Enterprises Pty Ltd and having given consideration to his position he remained in the Meeting. Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council approve the application EH133-2014 under Local Law No. 1.2 (Commercial Use of Local
Government Controlled Areas and Roads) 2011, for the commercial use of the proposed portion of the busking area for the exclusive use of Stellarossa Dalby for footpath dining, subject to the following conditions, in addition to the standard conditions for commercial use of roads:
a) That exclusive use of the identified area is subject to the continued approval of neighbouring
businesses, with written approval from these businesses able to be withdrawn in instances where impacts, directly attributed to the activities of Stellarossa Dalby, are found to be adversely affecting on individual neighbouring businesses;
b) That exclusive use extends only to the identified area with other parts of the busking area
remaining available for busking activities, markets, fund-raising activities or other such events;
c) That cleaning and basic maintenance of this area be the responsibility of Stellarossa Dalby;
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.4 Infrastructure Services Report Commercial Use of Roads
Cunningham Street Dalby Busking Area …(Cont’d)
d) That all furnishings and other equipment be removed for the footpath dining area at the close
of business each day;
e) That a payment is made to Council on an annual basis for the use of the footpath for commercial purposes, as outlined in Council's fees and charges that are current at that time. Initial payment is made at the time of application, with annual fees payable at time of renewal;
f) That Stellarossa Dalby continues to maintain public liability and indemnity insurances, and
ensure that copies of the current policies are provided to Council for their records;and
g) That Stellarossa Dalby continues to maintain their annual permit for the commercial use of the busking area for the purposes of footpath dining.
2. Council resolve that the installation of commercial signage on the external decorative panelling not be
permitted and this area remains accessible for temporary signage as currently utilised by organisations on application to Council.
Justification Nil Link to Corporate Plan Strategic Theme 5: Innovation and Economic Success Through strategic investment, facilitation and advocacy Western Downs Regional Council will continue to build capacity for the sustainable growth of our prosperous region. Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
COUNCIL RESOLUTION
MOVED by Cr. I.J. Rasmussen and seconded by Cr. A.N. Smith That this Report be received and that: 1. Council hold a Strategy Session to consider its position in regards to leasing public spaces for
commercial activities.
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.4 Infrastructure Services Report Commercial Use of Roads
Cunningham Street Dalby Busking Area …(Cont’d)
FORESHADOWED MOTION Cr. C.M. Hall foreshadowed that if the Motion on the floor failed, she would move:- That this Report be received and that: 1. Council approve the application EH133-2014 under Local Law No. 1.2 (Commercial Use of Local
Government Controlled Areas and Roads) 2011, for the commercial use of the proposed portion of the busking area for the exclusive use of Stellarossa Dalby for footpath dining, subject to the following conditions, in addition to the standard conditions for commercial use of roads:
a) That exclusive use of the identified area is subject to the continued approval of neighbouring
businesses, with written approval from these businesses able to be withdrawn in instances where impacts, directly attributed to the activities of Stellarossa Dalby, are found to be adversely affecting on individual neighbouring businesses;
b) That exclusive use extends only to the identified area with other parts of the busking area
remaining available for busking activities, markets, fund-raising activities or other such events;
c) That cleaning and basic maintenance of this area be the responsibility of Stellarossa Dalby;
d) That all furnishings and other equipment be removed for the footpath dining area at the close of business each day;
e) That a payment is made to Council on an annual basis for the use of the footpath for
commercial purposes, as outlined in Council's fees and charges that are current at that time. Initial payment is made at the time of application, with annual fees payable at time of renewal;
f) That Stellarossa Dalby continues to maintain public liability and indemnity insurances, and
ensure that copies of the current policies are provided to Council for their records;and
g) That Stellarossa Dalby continues to maintain their annual permit for the commercial use of the busking area for the purposes of footpath dining.
2. Council resolve that the installation of commercial signage on the external decorative panelling not be
permitted and this area remains accessible for temporary signage as currently utilised by organisations on application to Council.
The ORIGINAL MOTION was PUT and CARRIED (7,2)
FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown
AGAINST VOTE - Cr. C.M. Hall, Cr. A.G. Brame ABSENT. DID NOT VOTE - Nil
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.5 Infrastructure Services Report Salvinia Eradication Strategy Program
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 12/12/3, ECM Doc. Set No. 2559068 Date 5 December 2014 Authored by C. Hallinan, RURAL SERVICES COORDINATOR Responsible Manager T. Summerville, ENVIRONMENT AND HEALTH MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with information regarding the progress of the Salvinia Eradication Strategy program. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council note the actions taken to date for the control of the Salvinia molesta in Dogwood Creek. Justification Nil Link to Corporate Plan Strategic Theme 7: Healthy Natural Environment The region’s natural environment and key ecosystems including flora, fauna, waterways, wetlands, and areas of cultural significance are managed through the mitigation of the impacts of development, population growth and climate change.
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.5 Infrastructure Services Report Salvinia Eradication Strategy
Program …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. A.N. Smith and seconded by Cr. G.M. Olm That this Report be received and that: 1. Council note the actions taken to date for the control of the Salvinia molesta in Dogwood Creek.
CARRIED
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/10.3.6 Infrastructure Services Report Review Gates and Grids Council Policy
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 26/1/10 & 26/3/6, Doc. No. 1542528 Date 10 December 2014 Authored by T. Dredge, TECHNICAL SERVICES SENIOR OFFICER Responsible Manager S. Hegedus, TECHNICAL SERVICES MANAGER Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to seek Council's approval of the proposed amendments to the Gates and Grids - Council Policy. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and that: 1. Council approve the amended Gates and Grids - Council Policy as proposed. Justification Nil Link to Corporate Plan Strategic Theme 8: Accessible and Connected Places The Western Downs region will continue to develop accessible transport systems and advocate for improved telecommunications to connect our people, businesses and industries locally, regionally, nationally and globally.
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MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.6 Infrastructure Services Report Review Gates and Grids Council
Policy …(Cont’d)
COUNCIL RESOLUTION
MOVED by Cr. G.M. Olm and seconded by Cr. O.G. Moore That this Report be received and noted and further reviewed in conjunction with other Stakeholders. FORESHADOWED MOTION Cr. R.B. Jamieson foreshadowed that if the Motion on the floor failed, he would move:- That this Report be received and that: 1. Council approve the amended Gates and Grids - Council Policy as proposed with the Policy to be
reviewed in November 2015.
The ORIGINAL MOTION was PUT and LOST (3,6) FOR VOTE - Cr. G.M. Olm, Cr. O.G. Moore, Cr. C.T. Tillman
AGAINST VOTE - Cr. C.M. Hall, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. R.C. Brown
ABSENT. DID NOT VOTE - Nil
FORESHADOWED MOTION MOVED As foreshadowed Cr. R.B. Jamieson moved and seconded by Cr. A.N. Smith That this Report be received and that: 1. Council approve the amended Gates and Grids - Council Policy as proposed and the Policy is to be
reviewed in November 2015. The FORESHADOWED MOTION became the SUBSTANTIVE MOTION.
AMENDMENT NO. 1
MOVED by Cr. O.G. Moore and seconded by Cr. C.T. Tillman That this Report be received and that: 1. Council approve the amended Gates and Grids - Council Policy as proposed with the following
amendment and the Policy is to be reviewed in November 2015. Gates and Grids that are Not Maintained
Delete - "Disused gates and grids shall be removed by the owner subject to a compliance notice being issued by Council.
Council may remove the gate or grid if requested by the owner when resources are available and at the owners cost."
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR DISCUSSION ORD.IS/10.3 INFRASTRUCTURE SERVICES REPORTS ORD.IS/10.3.6 Infrastructure Services Report Review Gates and Grids Council
Policy …(Cont’d)
Insert - "Disused gates and grids that are not maintained shall receive a Compliance Notice
from Council for repair or removal.
Council may remove the gate or grid at Council's cost if requested by the owner when resources are available."
The AMENDMENT NO. 1 was PUT and CARRIED (6,3)
FOR VOTE - Cr. G.M. Olm, Cr. I.J. Rasmussen, Cr. A.G. Brame, Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown
AGAINST VOTE - Cr. C.M. Hall, Cr. A.N. Smith, Cr. R.B. Jamieson ABSENT. DID NOT VOTE - Nil
The AMENDMENT NO. 1 became the SUBSTANTIVE MOTION and was PUT and CARRIED (8,1)
FOR VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. R.B. Jamieson, Cr. A.G. Brame, Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown
AGAINST VOTE - Cr. C.M. Hall ABSENT. DID NOT VOTE - Nil
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MINUTE ITEMS FOR NOTING COUNCIL RESOLUTION MOVED by Cr. O.G. Moore and seconded by Cr. A.G. Brame That the following Reports be received and noted: 1. ORD.EXS/11.1.1 Executive Services Monthly Report November 2014;
2. ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions September
2013 to 19 November 2014;
3. ORD.IS/11.3.1 Infrastructure Services Monthly Report Planning Building and Plumbing November 2014; and
4. ORD.IS/11.3.2 Infrastructure Services Monthly Report Built Environment November 2014.
CARRIED
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MINUTE ITEMS FOR NOTING
ORD.EXS/11.1 EXECUTIVE SERVICES REPORTS
ORD.EXS/11.1.1 Executive Services Monthly Report November 2014 To P. A. Berting, CHIEF EXECUTIVE OFFICER File No 5/9/3 Date 1 December 2014 Authored by J. Nothdurft, EXECUTIVE ASSISTANT TO CHIEF EXECUTIVE OFFICER Responsible Manager P. A. Berting, CHIEF EXECUTIVE OFFICER Responsible General Manager P. A. Berting, CHIEF EXECUTIVE OFFICER
Summary/Purpose
The purpose of this Report is to provide Council with an update on the activities of the Executive Services Division during the month of November 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR NOTING ORD.EXS/11.1 EXECUTIVE SERVICES REPORTS
ORD.EXS/11.1.2 Executive Services Report Outstanding Council Meeting Actions September 2013 to 19 November 2014
To P. A. Berting, CHIEF EXECUTIVE OFFICER File No 14/6/4 Date 9 December 2014 Authored by J. Nothdurft, EXECUTIVE ASSISTANT TO CHIEF EXECUTIVE OFFICER Responsible Manager P. A. Berting, CHIEF EXECUTIVE OFFICER Responsible General Manager P. A. Berting, CHIEF EXECUTIVE OFFICER
Summary/Purpose
The purpose of this Report is to provide Council with an update on the status of Outstanding Council Meeting Action Items for the period March 2011 to 19 November 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 1: Effective and Inclusive Governance Western Downs Regional Council can be relied on to govern its communities and manage its business with strategic vision, equity, transparency, collaboration and financial responsibility.
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MINUTE ITEMS FOR NOTING
ORD.CCS/11.2 CORPORATE AND COMMUNITY SUPPORT REPORTS
Nil.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR NOTING
ORD.IS/11.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/11.3.1 Infrastructure Services Monthly Report Planning Building and Plumbing November 2014
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 8/2/1, 8/9/4, 8/9/7 and 19/3/6 Date 3 December 2014 Authored by D. Sabiston, PLANNING MANAGER Responsible Manager F. Tait, ACTING PLANNING MANAGER Responsible General Manager G.K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose The purpose of this Report is for Council to be advised of budget actual and activity statistics for the Planning, Building and Plumbing Sections for the month of November 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
MINUTE ITEMS FOR NOTING ORD.IS/11.3 INFRASTRUCTURE SERVICES REPORTS
ORD.IS/11.3.2 Infrastructure Services Monthly Report Built Environment November 2014
To P.A. Berting, CHIEF EXECUTIVE OFFICER File No 26/3/6 Date 9 December 2014 Authored by N. Palm, WORKS MANAGER DALBY
M. Coutts, WORKS MANAGER MILES AND WANDOAN B. Sehmi, WORKS MANAGER CHINCHILLA AND TARA
Responsible Manager N. Palm, WORKS MANAGER DALBY
M. Coutts, WORKS MANAGER MILES AND WANDOAN B. Sehmi, WORKS MANAGER CHINCHILLA AND TARA
Responsible General Manager G. K. Cook, INFRASTRUCTURE SERVICES GENERAL MANAGER
Summary/Purpose
The purpose of this Report is to provide Council with details of the Built Environment Activities for the month of November 2014. Employee Material Personal Interest/Conflict of Interest Nil Councillor Material Personal Interest/Conflict of Interest Nil
Officer's Recommendation
That this Report be received and noted. Justification Nil Link to Corporate Plan Strategic Theme 5: Innovation and Economic Success Through strategic investment, facilitation and advocacy Western Downs Regional Council will continue to build capacity for the sustainable growth of our prosperous region. Strategic Theme 6: Balanced Growth A balanced and responsible approach to the continued growth of our region will promote sustainable development that enhances the liveability of our communities and the prosperity of our diverse businesses and industries.
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Ordinary Meeting of Council Minutes - Wednesday, 17 December 2014.
NOTICES OF MOTION
ORD.NOM/12.1 CONSIDERATION OF NOTICES OF MOTION/BUSINESS
Nil.
ORD.NOM/12.2 RECEPTION OF NOTICES OF MOTION FOR NEXT MEETING
Nil.
URGENT GENERAL BUSINESS
ORD.UGB/13.1 URGENT GENERAL BUSINESS
ORD.UGB/13.1.1 Timeframe Works Order Rewrite and other associated financial programs
File No 13/1/14
Summary/Purpose
Cr. R.B. Jamieson requested that the Works Order Rewrite and other associated financial programs be completed by 31 March 2015 to enable the service level costings to be accurately mapped.
COUNCIL RESOLUTION
MOVED by Cr. R.B. Jamieson and seconded by Cr. O.G. Moore That Council request that the Works Order Rewrite and other associated financial programs be completed by 31 March 2015 to enable the service level costings to be accurately mapped.
CARRIED (5,4) FOR VOTE - Cr. C.M. Hall, Cr. R.B. Jamieson, Cr. O.G. Moore, Cr. C.T. Tillman, Cr. R.C. Brown
AGAINST VOTE - Cr. G.M. Olm, Cr. A.N. Smith, Cr. I.J. Rasmussen, Cr. A.G. Brame ABSENT. DID NOT VOTE - Nil
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URGENT GENERAL BUSINESS
ORD.UGB/13.1.2 Christmas Message File No 14/6/4
Summary/Purpose
Cr. R.C. Brown wished those present a safe and happy Christmas as they spend time with their family and friends and also thanked the Councillors and staff for their contributions throughout the year.
MEETING CLOSURE
The Meeting concluded at 02:25 PM. I hereby certify that the foregoing is a true record of the Minutes of the Proceedings of the Ordinary Meeting held this seventeenth day of December 2014. Submitted to the Ordinary Meeting of Council held this twenty first day of January 2015. Signed: Wednesday, 21 January 2015.
Cr. R.C. Brown MAYOR OF WESTERN DOWNS REGIONAL COUNCIL
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APPENDIX / ATTACHMENTS
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