Decision Notice - Applications

5. Endorsement of Survey PlanASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 2012The Plan of Survey with associated documents will not be endorsed by Council untilall of the conditions of approval have been complied with.6. Maintenance of DevelopmentMaintain the approved development (including landscaping, carparking, drivewaysand other external spaces) in accordance with the approved drawings(s) and/ordocuments, and any relevant Council engineering or other approval required by theconditions.7. Conflict between Written Plans and ConditionsWhere a discrepancy or conflict exists between the written conditions(s) of theapproval and the approved plans, the requirements of the written condition(s) willprevail.8. DamageAny damage which is caused to Council’s infrastructure as a result of theconstruction and/or establishment of the proposed development must be repairedimmediately at no cost to Council.9. Electricity ServicesInfrastructure necessary for the provision of underground reticulated power to allproposed lots must be provided and Certificate of Electricity Supply from theinfrastructure provider to demonstrate compliance must be provided to Council.10. Telecommunications ServicesAll proposed lots must be connected to telecommunications and written evidencefrom Telstra to demonstrate the connection must be provided. Above groundswitching station cubicles are to be located clear of footpath areas and parklandareas.11. Lot 1 AccessAccess to Lot 1 must be in accordance with the access point shown on the approvedplan. No direct access from Kidston Avenue to Lot 1 is permitted. This requirementmust be included in the contract of sale for Lot 1 and a note to this effect will beplaced on Council’s rates database.12. ServicesWhere practical, all services are to be located clear of the lot access locations.Page 2 of 8This is a Mackay Regional Council digitally signed document.

18. Stormwater DrainageASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 2012a) Stormwater from the site and external catchments (including roofwater) must becollected within the property boundaries and discharged to the existingstormwater system located at the north-east corner of the lot;b) The structural integrity and capacity of the existing cross road drainage system isto be verified and upgraded if required;c) Lot 2 is to be graded to drain to Kidston Avenue; andd) Underground roof drainage connections are to be provided to each lot connectingto the street drainage system.19. Drainage – Rear Boundary to StreetExcept where otherwise approved by Council, allotments must be drained from therear boundary to front street in accordance with Council’s Standard drawing PA3-870.20. Site Based Stormwater Management Plan (SBSMP)The proposed development triggers assessment under State Planning Policy 4/10Healthy Waters. A SBSMP must be submitted to Council for approval at the time ofthe submission of the Operational Works Application and must be implemented withinthe development.Alternatively, a contribution is to be paid based on the provision of stormwatermanagement installations external to the site. If this alternative is adopted the valueof the contribution will be determined by Council at the Operational Works stage andwill be based on the deemed to comply solutions developed for the Mackay Region.21. Ponding and Diversion of StormwaterPonding of stormwater resulting from the development must not occur on adjacentsites and stormwater formerly flowing onto the site must not be diverted onto othersites. The site shall be graded so that it is free draining.22. Earthworks.Filling is to be provided where applicable in accordance with Council’s EngineeringDesign Guidelines.Attention is drawn to the footpath and allotment slopes as follows:Footpath slope: 1:50Allotment Slope: Minimum 1:200Maximum 1: 12Page 4 of 8This is a Mackay Regional Council digitally signed document.

23. Water ConnectionASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 2012a) The lots are to connect to the existing 150 mm main across the frontage of thesite;b) Separate Water connections must be installed for the newly created Lots inaccordance with Council’s Engineering Design Guidelines;c) The existing water service in Lot 2 is to be removed and replaced with a singleservice; andd) Mains servicing the lots will be of a private nature whereby Council is notresponsible for the construction or maintenance.24. Design of Sewer Main ExtensionSewer main extensions are to be provided, generally in accordance with InsightProjects drawing number IP11011 SK2. Mains within the site servicing the lots will beof a private nature whereby Council is not responsible for the construction ormaintenance.25. Live Connection WorkMackay Water is to carry out all water connection and live sewer work at thedeveloper’s expense.26. Building Over and Adjacent to SewersAll building work is to comply with Council’s Policy – “Building Over and Adjacent toSewers”.27. LandscapingThe full length of the access handle to Lot 3 must be landscaped for a width of one(1) metre on each side of the driveway.28. Completion of LandscapingThe landscaping referred to in condition 27 must be completed prior to theendorsement of the plan of survey.29. Street PlantingStreet planting must be provided along each side of the access roadway (NorthernCircuit) in accordance with Council Policy, with a plan submitted to Council forseparate approval. This planting is private and Council is not responsible for theconstruction or maintenance.Page 5 of 8This is a Mackay Regional Council digitally signed document.

ASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 201230. FencingNo fencing is permitted along the front of any lots. Should a visual screen fence besought between lots, any such fence is to be a maximum of 1.8 metres high andmust be tapered to a height of 1.2 metres within 6 metres of the front boundary.These requirements must be included in the contract of sale for each lot and a noteto this effect will be placed on Council’s rates database.31. Air-Conditioners, Hot Water Systems and Services in GeneralAir-conditioners, hot water systems and in general, all outdoor services are to bescreened so as not to be visible from the internal access easement or KidstonAvenue. This requirement must be included in the contract of sale for each lot and anote to this effect will be placed on Council’s rates database.32. Rainwater tanksa) Rainwater tanks must be located and/or screened so as not to be visible fromKidston Avenue or the internal access easement; andb) The rainwater tanks must not protrude above the top of any fence line they maybe placed against; andc) The piping from the house to the rainwater tanks must be attached to the house;ord) Should none of the above be achievable, the rainwater tanks must be locatedunderground.33. GaragesThe garage on Lot 2 must be setback a minimum of six (6) metres from KidstonAvenue;34. Building EnvelopesAny future dwellings on Lots 1-7 must be situated within the building envelopesshown on the approved plan and as amended by condition 2. This requirement mustbe included in the contract of sale for Lots 1-7 and a note to this effect will beincluded in Council’s rates database.35. Contract of SaleThe developer is required to include the following in the contract of sale for eachallotment:(a) Notification to the purchasers that the lots are linked to the easement and allnecessary maintenance requirements and associated costs involved;(b) All easement documentation; andPage 6 of 8This is a Mackay Regional Council digitally signed document.

ASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 2012(c) The fencing, services, rainwater tank, garages and building enveloperequirements, as outlined within the conditions of this approval.36. Private EasementsThe developer must submit the easement documents for all private infrastructurelocated within the development (water, sewer, stormwater and access) to Council forseparate approval, prior to the endorsement of the plan of survey.ASSESSMENT MANAGER’S ADVICE1. Referral Agency Response under Section 271(1) of SPA 2009The approved plan of development, as referred to in condition 1 and amended bycondition 2, is a Concurrence Agency approval in relation to building setbacks. Asper section 272(3)(b) of the Sustainable Planning Act 2009, Council does not requirea referral under this section if the proposed setbacks on Lots 1-7 are consistent withthe approved plan.2. Local LawsThe approved development must also comply with Council’s Local Laws under theLocal Government Act 1993 from time and other controls.3. Hours of WorkIt is the applicant/owner’s responsibility to ensure compliance with Section 440R ofthe Environmental Protection Act 1994, which prohibits any construction, building andearthworks activities likely to cause audible noise (including the entry and departureof heavy vehicles) between the hours of 6:30pm and 6:30am from Monday toSaturday and at all times on Sundays or Public Holidays.4. Dust ControlIt is the applicant/owner’s responsibility to ensure compliance with Section 319General Environmental Duty of the Environmental Protection Act 1994, whichprohibits unlawful environmental nuisance caused by dust, ash, fumes, light, odour orsmoke beyond the boundaries of the property during all stages of the developmentincluding earthworks and construction.5. Sedimentation ControlIt is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3Cof the Environmental Protection Act 1994 to prevent soil erosion and contaminationof the stormwater drainage system and waterways.Page 7 of 8This is a Mackay Regional Council digitally signed document.

ASSESSMENT MANAGER CONDITIONSApplication Number: DA-2012-69Applicant’s Name: Lagoon Estate Developments Pty LtdDecision Date: 14 May 20126. Noise during Construction and Noise in GeneralIt is the applicant/owner’s responsibility to ensure compliance with Chapter 8, Part 3Bof the Environmental Protection Act 1994.7. General Safety of Public during ConstructionIt is the principal contractor’s responsibility to ensure compliance with Section 31 ofthe Workplace Health and Safety Act 1995. Section 31(1) (c) states that the principalcontractor is obliged on a construction workplace to ensure that work activities at theworkplace are safe and without risk of injury or illness to members of the public at ornear the workplace.It is the responsibility of the person in control of the workplace to ensure compliancewith Section 30 of the Workplace Health and Safety Act 1995. Section 31(1) (c)states that the person in control of the workplace is obliged to ensure there isappropriate, safe access to and from the workplace for persons other than theperson’s workers.8. Contaminated LandIt is strictly the applicant/owner’s responsibility to source information regardingcontaminated land from the Department of Environment and Resource Management,Contaminated Land Section as Council has not conducted detailed studies and doesnot hold detailed information pertaining to contaminated land.9. Adopted Infrastructure Charges NoticePursuant to the Sustainable Planning Act 2009 and the Draft State PlanningRegulatory Provision (adopted charges) an Adopted Infrastructure Charges Noticerelates to this Development Permit, and is attached.Prior to making payment please contact Mackay Regional Council, DevelopmentServices, Business Support Unit to establish if any Development Incentive Policiesapply to the development at the time the payment is made.Page 8 of 8This is a Mackay Regional Council digitally signed document.

12.0019.5812.0023.8015.43LEGENDProposed Building PadProposed Stage BoundaryProposed 3.0m Wide Driveway139RP89107Proposed Zero Lot BoundaryProposed Garage Access3.005.008.8912.0026.06 13.80 4.433.0020.923.002.504303m²22.943.005317m²2.5024.653.006343m²2.5026.67Existing Edge of Bitumen8.995.001387m²19.072.502.5022.3813.14 16.232.5030.8013.1420.132.502.56VEHICLE TURNING PATHSKIDSTON AVENUE5.002369m²30.802.502.503526m²VEHICLE TURNING PATHS7484m²2.502RP8665285.333.00PROPOSED 3.0m WIDE Q100 EASEMENT24.90 22.103RP7348843.001RP855647No.REVISIONDATEC. SmerdonC. SmerdonK. MacreadyRPEQ 7772INSIGHT PROJECTS (QLD) PTY LTDPROPERTY DEVELOPMENT CONSULTANTSFEB 12KIDSTON COVE - STAGE 3KIDSTON AVE, RURAL VIEWPO BOX 5108TORQUAY QLD 4655P: 0437 376600F: (07) 4124 5255E: fco@ipqld.com.auLOT 200 ON SP170223PROPOSED DEVELOPMENT PLANIP 11011 SK1This is a Mackay Regional Council digitally signed document.A

Decision NoticeSustainable Planning ActSustainable Planning Act AppealsChapter 7 Part 1 Planning and Environment Court:Division 8 – Appeals to court relating to development applications1) An applicant for a development application may appeal to the court against any of the following -(a) the refusal, or the refusal in part, of the development application;(b) any condition of a development approval, another matter stated in a development approval and the identification orinclusion 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 givento the applicant; or(b) otherwise-the day a decision notice was required to be given to the applicant.462 Appeals by submitters - General(1) A submitter for a development application may appeal to the court only against-(a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impactassessment under section 314; or(b) the part of the approval relating to the assessment manager’s decision under section 327(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following-(a) the giving of a development approval;(b) any provision of the approval including-(i) a condition of, or lack of condition for, the approval; or(ii)the length of a period mentioned in section 341 for the approval.(3) However, a submitter may not appeal if the submitter-(a) withdraws the submission before the application is decided; or(b) has given the assessment manager a notice under section 339(1)(b)(ii)(4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiateddecision notice is given to the submitter.463 Additional and extended appeal rights for submitters for particular developmentapplications(1) This section applies to a development application to which chapter 9, part 7 applies.(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made bya prescribed concurrence agency for the application.(3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to-(a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is-(i)a material change of use of premises for aquaculture; or(ii)operational work that is the removal, damage or destruction of a marine plant.(4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate tocode assessment-(a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);(b) a referral agency’s response mentioned in subsection (2)464 Appeals by advice agency submitters(1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response asa properly made submission.(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about-(a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impactassessment under section 314; or(b) any part of the approval relating to the assessment manager’s decision under section 327.(3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given tothe advice agency as a submitter.(4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may notappeal the decision.This is a Mackay Regional Council digitally signed document.