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Cardno (Qld) Pty Ltd ABN 57 051 074 992

3/42 East Gordon Street

Mackay QLD 4740

Australia

PO Box 244

Mackay QLD 4740

Australia

Phone: +61 7 4953 2877

Fax: +61 7 4953 2577

www.cardno.com

Our Ref: MJJ:LD HRP14194 Contact: Liam Donald

18 July 2014

Chief Executive Officer Mackay Regional Council PO Box 41 MACKAY QLD 4740

Attn: John Caldwell Dear John,

s383 – EXTENSION OF THE RELEVANT PERIOD – MATERIAL CHANGE OF

USE FROM RURAL USE TO PARK RESIDENTIAL USE AND

RECONFIGURATION TO CREATE SETTLERS RISE ESTATE STAGES 4 AND

5A TOTALLING 43 LOTS – SUGARSHED ROAD FARLEIGH – LOT 49

SP247662, LOT 1 RP706425 (PREVIOUS LOT 2 RP722143, LOT 2 CI2211,

LOT 1 RP706425) – DA-2005-296 – AJANA PARK PTY LTD

We act on behalf of Ajana Park Pty Ltd as owner, regarding the abovementioned approval and in accordance with s383 of the Sustainable Planning Act 2009 (SPA), we hereby request an extension of the currency period for the approval by an additional 4 years to expire on 28 September 2018. Council’s application fee of $975 was paid on 16/07/2014 (Recp No: 3304165). 1.0 Approvals History Mackay City Council issued a Decision Notice on 4 April 2007. (Council Reference DA2005-296; refer to Attachment A). Mackay Regional Council approved an extension of the relevant period by 2 years to expire on 28 March 2013 (Council Reference DA2005-296/A; refer to Attachment B). Mackay Regional Council approved a further extension of the relevant period by 18 months to expire on 28 September 2014 (Council Reference DA2005-296/A; refer to Attachment C). 2.0 Reason for Extension Mackay Regional Council issued an Adopted Infrastructure Charges Notice (AICN) with the most recent extension of relevant period dated 30/11/2012. This AICN was appealed by the applicant and is subject to Planning and Environment Court Appeal No: 903 of 2013, which is currently afoot. Hence, the applicant could not proceed with developing Stage 4/5A as applicable Infrastructure Charges are not yet resolved.

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Over time, Settlers Rise Estate has positioned itself as a sought after residential location, appealing to

a ‘niche’ market. Accordingly the quality of house and land packages developed in the Estate is in the

premium higher end of the market e.g. minimum house and land packages range from approximately

$800,000. As such, the rate of sales in this ‘premium’ market is slower then would normally

be encountered in other traditional estates, exacerbated by the currently depressed Mackay

residential market.

Stage 1 of the Settlers Rise was approved by Council in May 2002, with lots within Stage 1 being

registered in late 2003. The Estate has therefore been developed for approximately 10 years with 127

lots being constructed. Of these 127 lots, which have been constructed over Stages 1-3,

approximately 16 remain unsold (approximately half of Stage 3B/C). Overall, the average historical

sales rate has been approximately 1 lot per month however, in the currently depressed market

conditions, sales have reduced to approximately 1 lot per 2 months for remaining lots in Stage 3B/C.

It is expected in the short to medium term, that an average sales rate of approximately 1 lot per month

is obtainable if the current market improves. 3.0 Draft Mackay Region Planning Scheme 2013 Council’s Draft Planning Scheme 2013 was publically notified in July-August 2013. Council has not progressed the Draft Scheme to gazettal. The entire Settlers Rise Estate is located within the Rural Residential zone, which supports larger lifestyle lots. The entire Settlers Rise Estate excluding the northern portion of the estate is included within the Rural Residential area as per the Strategic Framework Mapping. The applicant lodged a concise submission against the Draft Scheme on 30 July 2013 as the Draft Scheme is inconsistent with the current Development Approvals which facilitate Park Residential Development. It is pertinent to note that Council extended the Settler Rise Stage 5B-12 approval (DA-2001-39/B) on 25 October 2013 for an additional 5 years i.e. Council extended the approval post public notification of the Draft Planning Scheme until 25 October 2018. 4.0 Planning Intent As justification for this extension, we request Council consider the following points which are relevant to the current Development Approval:

Stage 4/5A is part of Settlers Rise Estate, which is a 12 stage masterplanned development (3 stages completed) and as part of the estate development has:

o Provided an integrated open space network for residents including playground equipment;

o Includes a pedestrian and bicycle pathways.

The development complies with the intent of the Goosepond Creek Precinct of the Frame Locality, and the land is zoned Rural Residential;

The proposed subdivision is consistent with residential development in the locality; and

The site is included within the Rural Living Area under the Mackay, Isaac and Whitsunday Regional Plan.

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5.0 Recommendation The extension of 4 years will provide sufficient time to facilitate the completion of Stage 4/5A. It is therefore recommended that Council support the request taking into account the points mentioned above. Council’s granting of the extension of the relevant period will not create any additional impacts on surrounding properties or to the area, as the approved development remains consistent with previous and future stages of the approved master plan for Settlers Rise Estate (DA-2001-39/B). Council support for our request is sought and we look forward to a favourable reply. If you have any queries please do not hesitate to contact myself or Liam Donald on (07) 4953 2877. Yours faithfully,

Michael Jewell Office Manager and Principal Planning For Cardno HRP Enc: Attachment A – Mackay City Council Decision Notice Stage 4/5A DA-2005-296 Attachment B – First Extension of the Relevant Period Approval DA-2005-296/A Attachment C – Second Extension of the Relevant Period Approval DA-2005-296/B

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ATTACHMENT A – MACKAY CITY COUNCIL DECISION NOTICE STAGE 4/5A DA-2005-296

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ATTACHMENT B – FIRST EXTENSION OF THE RELEVANT PERIOD APPROVAL DA-2005-296/A

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ATTACHMENT C – SECOND EXTENSION OF THE RELEVANT PERIOD APPROVAL DA-2005-296/B

Civic Precinct, Gordon Street Telephone 1300 622 529 Email council@mackay.qld.gov.auPO Box 41 Facsimile 07 4944 2400 www.mackay.qld.gov.au

YOUR REF: MJJ:LD 4HRP138 OUR REF: 722143-002-DA-2005-296/B

29 November 2012 Ajana Park Pty Ltd C/- Cardno HRP PO Box 244 MACKAY QLD 4740 Dear Sir/Madam

DEVELOPMENT APPLICATION

Applicant’s Name: Ajana Park Pty LtdProposal: Permissible Change - Extension of the Relevant Period &

Change of Conditions - Combined Application for a Material Change of Use from Rural Use to Park Residential Use AND Reconfiguration to create Settlers Rise Estate Stages 4 and 5A totalling 43 lots

Application Number: DA-2005-296/BSite Address: Lot 2 Sugarshed Road, ERAKALA QLD 4740 & Lot 49

Sugarshed Road, ERAKALA QLD 4740Property Description: Part of Lot 1 on RP706425 & Part of Lot 49 on SP247662

(Historical Lot 2 on CI2211 & Lot 2 on RP722143)

EXTENSION OF RELEVANT PERIOD I refer to your request under Section 383 of the Sustainable Planning Act (2009), received by Council on 29 August 2012 for an extension of the relevant period for DA-2005-296. Your request was approved by the Manager Development Assessment on 27 November 2012, acting under delegated authority, as follows:

1. The relevant period for this approval was extended by 18 months from 28 March 2013. The relevant period for this approval now expires on 28 September 2014.

Please note your records accordingly.

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CHANGE OF CONDITIONS Your request received by Council on 30 October 2012 in accordance with section 369 of the Sustainable Planning Act 2009 to change the Conditions of approval of DA-2005-296, approved on 28 March 2007, was considered by Council’s Manager Development Assessment. Acting under delegated authority on 27 November 2012 and your request was approved as follows:

1. Conditions 9 and 22 have been deleted.

2. An Adopted Infrastructure Charges Notice has been attached and is now applicable to this development. It is acknowledged that there is an offset available when approved parkland and embellishments are provided. Any claim for an offset is to be submitted to and approved by Council in writing prior to endorsement of the survey plan for Stage 4/5A.

3. All other conditions remain unchanged.

4. The relevant period for this application remains as per the advice outlined above, 18 months from 28 March 2013 to expire on 28 September 2014.

Please contact Matthew Ingram on matt.ingram@mackay.qld.gov.au if you have any further queries. Yours faithfully Leah HarrisPrincipal Planner Enc. Decision Notice – DA-2005-296

Adopted Infrastructure Charges Notice Appeal Provisions

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Decision Notice Sustainable Planning Act

Civic Precinct, Gordon Street Telephone 1300 622 529 Email council@mackay.qld.gov.auPO Box 41 Facsimile 07 4944 2400 www.mackay.qld.gov.au

Sustainable Planning Act AppealsChapter 7 Part 1 Planning and Environment Court:

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the

person. (3) Also, a person who has made a request under section 383 may appeal to the court against a deemed

refusal of the request. (4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter

should have been made.

466 Appeals about decisions relating to permissible changes

(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager for the application—

(i) the person who made the request; or (ii) an entity that gave a notice under section 373 or a pre-request response notice about the

request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice of the

decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter

should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the

person.

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