In the Planning and Environment CourtHeld at: BRISBANE

SIMON PAULZA MIT MARGARET ANN ZAmSHp

MACKAY REGIONAL COUNCIL

JUDGMENT

No P&E 97 of 2014

M, C ii« „, PAMMAppellant

Respondent

Before His Honour Judge Everson

Date of Hearing: 10/11/16

Date of Judgment: 10/11/16

THIS MATTER HAVING on this day come on for hearing by the way of appeal againstthe decision of Mackay Regional Council with respect to a development application for aMaterial Change of Use for a Home Based Business (Office) and an Undefined LandUse (Civil Contractor Equipment Storage) on land described as Lot 11 on SP262606situated at 331 Rocky Waterholes-Wollingford Road, Marian, Queensland.

IT IS ADJUDGED THAT

1. The appeal be allowed in part.

2. The Development Application for Material Change of Use for a Home BasedBusiness (Office) and for Heavy Vehicle Parking - one (1) prime mover and one(1) low loader be approved subject to the development conditions attachedhereto and marked '

3. Each party bear its own costs.

Filed on: 10/11/16

Filed by:Service Address:Telephone:Facsimile:Email:

wilson/ryan/grose Lawyers15 Sturt Street, Townsville Qld 4810(07) 4760 0100(07) 4772 6017dmorton@wrg.com.au

Registrar

JUDGMENT wilson/ryan/grose LawyersFiled on behalf of the Appellant 15 Sturt Street, Townsville Qld 4810Form PEC-8 Telephone: (07) 4760 0100

Facsimile: (07) 4772 6017Email: dmorton@wrg.com.auRef: DJM 142067

60800 142067 O91.docx

'A ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2014-77Decision Date:

1. Plan of Development

The approved Home Based Business (Office) and Heavy Vehicle Parking (one primemover and one low loader) must generally comply with the location shown on the Planof Development (identified in the Table below) and supporting documentation whichforms part of this application, except as otherwise specified by any condition of thisapproval.

Job No. Title Version Prepared by DateHRP14047 Plan of Development 1.0 Cardno HRP APRIL 2014

2. Approved Landuse

The approved uses onsite are Home Based Business (Office) and Heavy VehicleParking.

Heavy Vehicle Parking is defined as premises used for the parking of one (1) PrimeMover and one (1) Low Loader (trailer). The use does not include servicing of anyvehicles or equipment associated with the business. The Prime Mover and Low Loaderare to be stored in the open sided shed as shown on the Plan of Development.

3. Amended Plans Required

Prior to the commencement of the use, the approved plans of development must beamended to comply with the following matters:

a. Delete reference to Civil Contractor Equipment Storage and replace withHeavy Vehicle Parking (one prime mover and one low loader).

4. Compliance with Conditions

All conditions must be complied with prior to the commencement of the use on thesubject site, unless specified in an individual condition.

5. Conflict Between Plans and Written Conditions

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

6. Compliance with Council Standards

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

7. Notice of Intention to Commence the Use

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

8. Damage

ftMackay

REGIONAL COU CIL

Page 1 of 5

ASSESSMENT MANAGER CONDITIONSkdPKy! jL Application Number: DA-2014-77IVia fKclf Decision Date:

REGIONAL COUNCIL

The developer is responsible for the repair of any damage that is caused to Council sinfrastructure as a result of the construction works associated with the proposeddevelopment. Council must be notified immediately and will make the decision as towho will carry out the rectification works and the timing for the completion of thoseworks.

9. Lapsing of Development Permit

The approval of the Home-based Business (Office) and Heavy Vehicle Parking (oneprime mover and one low loader) will lapse when both of the operators of the business,Simon P Zammit & Margaret A Zammit are no longer a resident of 331 RockyWaterholes-Wollingford Road, Marian.

10. Square Metres - Home Based Business

The floor space used for the Home Based Business (Office) hereby approved must notexceed 80 square metres in area.

11. Hours of Operation

The hours of operation for the Home-based Business (Office) and Heavy VehicleParking (one prime mover and one low loader) must be limited to between 8:00am and7:00pm Monday to Friday and 8:00am and 1:00pm Saturday (excluding publicholidays).

12. One Sign

Only one sign of maximum size 0.3m2 and bearing only the name of the business andphone number must be displayed.

13. No Display of Goods on Premises

No goods are to be displayed publicly and/or offered for sale on the premises.

14. Persons Conducting Business

The business must be conducted by a person or persons who reside on the propertyand a maximum of two (2) other persons who do not reside on the property.

15. Number of Clients

The number of clients attending the site must be restricted to a maximum of one (1) atany one time.

16. Number of Commercial Vehicles

No more than one (1) commercial vehicle associated with the Home Based Businessmust be present on the site at any time.

17. Nuisance or Annoyance

Page 2 of 5

tfi DMackay

REGIONAL COUNCIL

ASSESSMENT MANAGER CONDITIONS

Application Number: DA-2014-77Decision Date:

The use ust be conducted in such a manner so as not to cause nuisance orannoyance to persons or property not associated with the use.

18. Vehicle Movements

The approved vehicle being one (1) Prime Mover with Low Loader is limited to 6vehicle movements a week. A single vehicle movement includes an exit and entrymovement to the site.

19. Completion of Landscaping

All landscaping works shown on the approved plan must be completed within 3 monthsof the date of this approval.

20. Landscaping for Visual Softening

Landscaping works that soften the visual impact of the shed and driveway must beestablished and maintained along the driveway. The landscaping should form a screenwhich softens the visual impact of the business being conducted onsite.

ASSESSMENT MANAGER S ADVICE

1. Local Laws

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

2. Hours of Work

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

3. Dust Control

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

4. Sedimentation Control

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

Page 3 of 5

ASSESSMENT ANAGER CONDITIONSidPifti i Application Number: DA-2014-77IVIaCKay Decision Date:

REGIONAL COU CIL

5. Noise During Construction and Noise in General

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

6. General Safety of Public During Construction

It is the principal contractor s responsibility to ensure compliance with Section 19(2) ofthe Workplace Health and Safety Act 2011. Section 19(2) states that a personconducting a business or undertaking must ensure that the health and safety of otherpersons is not put at risk from work carried out as part of the conduct of the businessor undertaking.

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

7. Contaminated Land

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

Page 4 of 5

ASSESSMENT MANAGER CONDITIONS

Application Number:IVICJlKCiy Decision Date:

REGIONAL COUNCIL

DA-2014-776 August 2014

Page 5 of 5

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