Somerset REGIONAL COUNCIL Our Reference: DA5613 Assessment No: 03626-00000-000 21 August 2019 Watson Land (Brisbane) Pty Ltd Attention: Andrew McLean C/O Saunders Havill Group 9 Thompson Street BOWEN HILLS QLD 4006 Email: [email protected]Dear Mr McLean, RE: Decision Notice for Development Application No. 5613 Under Section 3.1.6 of the Integrated Planning Act 1997 Council advises that the development application for a: ? Preliminary Approval Overriding the Planning Scheme under Section 3.1.6 of the Integrated Planning Act 1997; and ? Material Change of Use of Lot 461 on Plan CC58 from Rural to Rural Residential Purposes; and ? Development Permit for Reconfiguring a Lot by subdivision of one lot into 147 lots. On land at 303 Clarendon Road, Rifle Range and described as Lot 461 on.CC58 has been approved subject to conditions. In accordance with Section 3.1.6 of the integrated PlanningAct 1997, the attached Decision Notice includes the relevant statutory details. Should you wish to discuss the contents of the attached decision notice, please liaise with Council's Senior Planning Officer, Madeline Je1f on (07) 5424 4000. Yours faithfully, Bob Holmes Acting Chief Executive Officer ABN 50 138 958 249 Council Chambers - 2 RedbankStreet, Esk QLD 4312 Address all correspondence to - Chief Executive Officer, Somerset Regional Council, PO Box 117, Esk QLD 4312 P. 0754244000 F 075424,4099 E [email protected]W www.somerset.qld.gov.au
RE: Decision Notice for DevelopmentApplication No. 5613Under Section 3.1.6 of the Integrated Planning Act 1997
Council advises that the development application for a:? Preliminary Approval Overriding the Planning Scheme under Section 3.1.6 of
the Integrated Planning Act 1997; and? Material Change of Use of Lot 461 on Plan CC58 from Rural to Rural
Residential Purposes; and? Development Permit for Reconfiguring a Lot by subdivision of one lot into 147
lots.
On land at 303 Clarendon Road, Rifle Range and described as Lot 461 on.CC58 hasbeen approvedsubject to conditions.
In accordance with Section 3.1.6 of the integratedPlanningAct 1997, the attachedDecision Notice includes the relevant statutory details.
Should you wish to discuss the contents of the attached decision notice, please liaisewith Council's Senior Planning Officer, Madeline Je1f on (07) 5424 4000.
Yours faithfully,
Bob HolmesActing Chief Executive Officer
ABN 50 138 958 249CouncilChambers- 2 RedbankStreet, Esk QLD 4312
Address all correspondenceto - Chief ExecutiveOfficer,SomersetRegional Council, PO Box 117, Esk QLD4312P. 0754244000 F 075424,4099 E [email protected] www.somerset.qld.gov.au
SomersetREGIONAL COUNCIL
DECISION NOTICEFOR
DEVELOPMENT APPLICATION NO 5613
1. Issued To Watson Land (Brisbane)Pty Ltd
2. Description of Land Lot 461 CC58
3. Location of Land 303 Clarendon Road, Rifle Range
4. DecisionCouncil advises that·on Wedriesday, 14 August 2019
Resolution .- Movedi Ör Hall Seconded- Cr Ögg
"1. - THAT Council refuses the Preliminary Approval Overriding thePlanning Scheme under Section 3.1.6 of the Integrated Planning Act1997.
Reasons for Refusal for Preliminary Approval Overriding the PlanningScheme being that the proposed provisions have been superseded bythè,Somerset Rëgion Planning Scheme.
.
2. THAT Council
a . Approve the Development Permit for Reconfiguring a Lot bysubdivisionof one lot into 141 lots over seven slages
a Approve the Material Change of Use of Lot 461 órì Plan CC58from Rural to Rural Residential Purposes; and
ori land desóribèd as Lot 461 CCS8 and situated at 303 ClarendónRoad subject to the requirements and conditionscontained in theSchedules and Attachments.
Address all correspondenceto - Chief ExecutiveOfficer, SomersetRegional Council,PO Box 117, Esk QLD 4312P 0754244000 F 0754244099 E [email protected] www.somerset.qld.gov.au
4.1 Reasons for the refusalThe reasons for refusal are :
Reasons for Refusal for PreliminaryApproval Overriding the PlanningScheme being that the proposed provisions have been superseded by theSomerset Region Planning Scheme
4.2 The name and address of each Referral Agency
The IDAS ReferralAgencies applicable to this application are listed asfollows:
? Department of Natural Resources, Mines, Water and EnergyPO Box 1167BUNDABERGQLD4670Email: [email protected]
? Department of Environmentand ScienceGPO Box 2454BRISBANE QLD 4001Email: [email protected]
? Department of Transport and Main RoadsPO Box 1600MAROOCHYDORE QLD 4558Email: [email protected]
? Department of,lnfrastructure,Local Government and PlanningPO Box 129ipswich QLD4305Email: [email protected]
4.3 Type of Approval Granted? Development Permit
5. The Conditions
SCHEDULE1
- GENERAL CONDITIONSNo Condition Timing1.1 Carry out the development in accordancewith the material At all times
contained in the development application, supportingdocumentation and the plan(s) listed below, except whereamended by these conditions of approval
? Proposal Plans - Reference - 9564 P 01 Rev D-PRO 01 .- prepared by Saunders Havill Group -dated 17 May 2019
? Staging Plan - Stage i a and 1b- Reference - 9564
P 01 Rev D-PRO 01- prepared by Saunders Havill
Group- dated 17 May 2019? Staging Plan - Stage 2a, 2b and 2c - Reference -
9564 P 01 Rev D-STG 02 - prepared by SaundersHavill Group - dated 17 May 2019
? Staging Plan - Stage 2d and 2e - Reference 9564P 01 Rev D-STG 03 - prepared by Saunders HavillGroup- dated 17 May 2019
? Engineering Report and Stormwater ManagementPlan - Reference Number 17335 Revision D --·
Prepared by VT Consulting Engineers Pty Ltd -dated May 2019? Bushfire Management Report - Reference
009.02.19 - prepared by Bushfire Risk Reducers -dated 11 March 2019? Traffic Impact Assessment - Reference 18-122
Revision B- prepared by Pekol Traffic and
Transport - dated February 2019? Traffic Impact AssessmentAddendurn (Response to
Information Request)- prepared by Pekol Trafficand Transport dated 20 May 2019
1.2 Comply with relevant provisions of the Somerset Region At all timesPlanning Scheme; Planning Scheme Policies and LocalLaws.
1.3 A legible copy of this developmentapproval package is to During operationalbe available on the premises at all times during worksconstruction.
1.4 Pay to Council any outstanding rates, charges or expenses Prior to request tolevied by Council over the subject land approve a plan of
subdivision for eachstage
1.5 Pay to Council the amount of $37 per lot for the issue of Prior to request tonew valuations by the Department of Environment and approve a plan ofResource Management, being $5,217 in this instance. subdivision for each
stage
1.6 Obtain Council approval for the demolition or removal of Prior to request toany existing buildings on site necessary for the approved approve a plan ofdevelopment to proceed. subdivision for each
stage
1.7 At the time of development, a Site and Soil Evaluation must At all times -
be prepared for each 1ot by a suitably qualified wastewaterdesigner, for on-site wastewatertreatment and disposal oneach lot. This report must be prepared in accordance with
AS1547:2012 and the relevant sections of the SegwaterDevelopment Guidelines for Water Quality Management inDrinking Water Catchments 2017 and submitted toSeqwater for review prior to implementation.
1.8 Where possible vegetation is to be retained as part of the At all timesdevelopment.
1.9 Any vegetation provided throughout the development is to At all timesinclude locally endemic koala species.
1.10 Screening is to be provided by way of fence, earth mound, Screening to be
vegetation or combination of the above between the subject installed prior toland and following properties to provide appropriate request for approvalseparation to approved kennel facilities: of plan of subdivision? 22 RP138053; and screening to be
? 6 RP144457; maintained at all times
? 11 RP139825.
1.11 The development is to occur in the sequence approved by At all times.
condition 1.1.
SCHEDULE 2- Engineering
AsseEsment ManagerNo Condition Timing2.1 Make an Operational Work application to Council and pay Prior to the
the required fees where an application involves earthworks, commencement oferosion and sediment control, roadworks, car parks, Operational Worklandscapiñg, clearing and stormwater drainage required asstated in the following conditions.
2.2 All works are to be designed and constructed in accordance At all times
with the requirements of the Somerset Regional CouncilDesign Standards.
2.3 Bear the costs of works carried out to Council and utility Prior to request toservices infrastructure and assets, including any alterations approve a plan ofand repairs resulting from compliance with these conditions. subdivision for each
stage
2.4 It is required that the design and construction of civil As part of Operationalcornponents of the Operational Work are to be certified by a Works applicationRegistered Professional Engineer Queensland (RPEQ),including:
o Plans and specifications must be prepared andcertified with the Operational Work application.
? Certificationthat the works have been undertaken in
accordance with the approved plans, specificationsand to Council's requirements.
OPEN SPACE/PARK/LANDSCAPING2.5 All entry statements, fences, batters, retaining walls and At All times
buffer/screen plantings must be located entirely withinprivate land and not within the public road reserve.
2.6 All entry statements, fences, batters, retaining walls and At all timesbuffer/screen plantings must be maintained.
GENERAL SERVlCES2.7 Connect the development to a reticulated water supply, Prior to request to
underground electricity supply, and telecommunications approve a plan ofutilities in accordance with acceptable standards of the subdivision for eachrelevant regulatory authority so that it
,is available to each stageallotment.
2.8 The applicant must provide written evidence from each Prior to request toparticular service provider stating either that each lot has approve a plan ofbeen connected to applicable service, is available at a subdivision for eachstandard connection, or has a current supply agreement. stage
2.9 Electricity/telecommunication/water supply drawings must As part.of Operationalbe co-ordinated with the civil engineering design details, to Worksensure that service clashes are avoided.
BUILDING ABOVE FLOOD LEVEL2.10 Building pads and for residential shall be a minimum of the Prior to occupation of
Defined Flood Level (DFL) and in accordance with an the dwellingapproved flood study.
2.11 Any filling below the Defined Flood Level (DFL) will be in Prior to theaccordance with an approved flood study. commencement of
works
EARTHWORKS2.12 All earthworks to be constructed in accordance with At all times
AS3798. Fill material is to be placed, compacted, andtested by a suitably qualified inspection and testingorganization.
2.13 Rehabilitation of dam sites, including methods of Prior to request toconstruction, management and supervision is to ensure that approve a plan ofthe site will be suitable for the proposed use. subdivision for each
stage
2.14 All dams that are across proposed 1ot boundaries shall be Prior to request toremoved. - approve a plan of
subdivision for each
stage
2.15 Contaminated material must not be used on the site At all times
ROADWORKS2.16 Traffic signs and line markings shall be in accordance with Prior to request to
Manual of Uniform Traffic Control Devices approve a plan ofsubdivision for eachstage
2.17 Dedicate, design and constructall new roads in accordance Prior to request towith Somerset Regional Council Development Manual and approve a plan ofStandard Drawings. subdivision for each
stage
2.18 Road reserve and carriageway widths to be in accordance Prior to request towith the SomersetRegional Council Design Standards, approve a plan of
subdivision for eachstage
2.19 All works on or adjacent to roadways must be adequately Prior tosigned in accordance with the "Manual for Uniform Traffic commencementofControl Devices - Part 3, Works on Roads". Any Road or and duringlane closure must be applied for in writing to Council, and all construction ofconditions of that approval complied with during operational worksconstruction of the works.
2.20 Provide 6m x 3 chord truncations on property boundaries at Prior to request toall road intersections. approve a plan of
subdivision for eachRemoveall improvementsand obstructions from the area of stagethe corner truncation(s) and area of dedicated road.
2.21 Provide a sealed vehicle turn around area with a minimum Prior to request to9m radius at the end of any terminating roads that are to be approve a plan ofconstructed as part of a future stage of development. subdivisionfor eachEasements to be provided should the turnaround be on the stagebalance lot.
2.22 Provide verge and access in accordance with Somerset As part of OperationalRegional Council Development Manual and Standard WorksDrawings.
2.23 Provide documentary evidence from the Department of Prior to request toTransport and Main Roads that works have been approve a plan ofcompleted. subdivision for each
stage
2.24 Provide written approval from the Department of Transport Prior to Operationaland Main Roads to carry out works on a state controlled Worksroad.
2.25 Upgrade the intersection of Road 1 and Clarendon Road Prior to request toincluding signage, line marking and pavement and surfacing approve a plan ofdesign in accordance with the Departmentof Transport and subdivision for eachMain Roads Road Planning and Design Manual (RPDM), stageAustroads Guide to Road Design, Somerset RegionalCouncil Design Standards and in general accordance withDrawing No. 17335, revision B, Roadworks IntersectionsDetails -- Sheet 1, prepared by VT Consulting Engineers,dated 20-6-19. Applicant is required to construct:
a) BAR and BAL design to all turning movements.
All intersection upgrade requirements are at the applicant'sexpense. All intersection upgrade requirements are to be
completed prior to the plans of survey being registered.
2.26 Upgrade the intersection of Road 1 and Wyatts Road Prior to request toincluding signage, line marking and pavementand surfacing approve a plan ofdesign in accordance with the Departmentof Transport and subdivision for eachMain Roads Road Planning and Design Manual (RPDM), stageAustroads Guide to Road Design, Somerset RegionalCouncil Design Standards and in general accordance withDrawing No. 17335, revision B, Roadworks IntersectionsDetails -- Sheet 2, prepared by vt Consulting Engineers,dated 20-6-19. Applicant is required to construct:
a) BAR and BAL design to all turning movements.
All intersection upgrade requirements are at the applicant'sexpense, All intersection upgrade requirements are to be
completed prior to the plans of survey being registered.
STREET NAMES2.27 Submit a list of road names for all new roads, along with the As part of Operational
reasons for selecting such names, for the road names to be Works applicationconsidered and approved by Council.The proponent is responsible for the cost of road signs andinstallation. Street nameplates are to comply with Council'sstandards.
FOOTPATHS2.28 Concrete footpaths and cycle paths to be in accordance As part of Operational
with the Somerset Regional Council Design Standards. Works
STREET LIGHTING2.29 Install street lights in accordance with AS1158 - Code of Prior to request to
Practices for Public Lighting as follows: approve a plan of
subdivision for each? road intersections; stage? end of cul-de-sacs; and? bends in roads.
Install all street lighting on the same side as footpaths,where applicable.
Obtain certification of street lighting installation by aRegistered Professional Engineer Queensland(RPEQ).
VEHICLE ACCESS2.30 All vehicular access for new allotments shall provide Prior to request to
convenient and safe access and egress from the site in approve a plan ofaccordance with Somerset Regional Council Design subdivision for eachStandards. stage
2.31 Construct a minimum 3 metre sealed driveway for the full Prior to request tolength of each access handle to proposed lots 18, 19, and91 in accordance with Counci1 design standards. The approve a plan ofaccess handles are to be a minimum 6 metre width.
subdivision for each
stage.
EASEMENTS2.32 Provide an easement over stormwater and interallotment Prior to request to
drainage located within private property. approve a plan ofsubdivision for each
The easement widths may vary but must extend to include stagetop of batters of open drains and/or flood paths and providesuitable means of access for machinery around headwallsand steep batters to enable maintenance operations to
occur without encroachment onto private property and areto be in accordance with Queensland Urban DrainageManual (QUDM). The easement is to be dedicated at nocost to Council
All easement documentation shall be prepared by theproponent in a form satisfactory to Council's Solicitor.
Note: Easements required for the discharge of stormwaterover adjacent properties must be agreed to in writing by the
owner of the property.
2.33 Dedicate all land shown as open space and drainage on the Prior to request toproposal plan of subdivision (Proposed lot 900) as drainage approve a plan ofreserve only. The reserve is to be dedicated at no cost to subdivision for eachCouncil. The proponent in a form satisfactory to Council's stage
Solicitor shall prepare all documentation.
The land identified as drainage reserve must be
rehabilitated and removed of all weed species.
2.34 Dedicate land subject to flooding during a 1% Average Prior to request toExceedance Probability (AEP) or Q100 flood event as an approve a plan ofeasementor reserve for drainage purposes. The easement subdivision for eachor reserve is to be dedicated at no cost to Council. The stageproponent in a form satisfactory to Council's Solicitor shallprepare all documentation.
STORMWATER2.35 Design and construction of all stormwater drainage works As part of Operational
must comply with the relevant section/s of the Queensland Works applicationUrban Drainage Manual (QUDM) and the SomersetRegional Council DevelopmentManual.
2.36 Stormwater Drainage and flows are to have a no worsening At all timeseffect on adjoining, upstream, or downstream landholders.
2.37 Stormwater Drainage shall be constructed in general As part of Operationalaccordance with VT Consulting Engineers, Engineering WorksReport and Stormwater Management Report, and datedMat 2019.
2.38 Convey stormwaterflows through the development from the As part of Operationalupstream catchment. Works
2.39 Fill, compact and grade all low lying land being subdivided Prior to Council'sto ensure each allotment is drained adequately by endorsement of thegravitation to the drainage system within the proposed Plan of subdivision.development.
2.40 Where stormwater cannot be. discharged to the kerb and As part of Operationalchannel, provide inter-allotment drainage in accordance Workswith Queensland Urban Drainage Manual (QUDM) andCouncil standards.
2.41 Submit permission for the discharge of stormwaterdrainage As part of Operationalto a lawful point of discharge from the owners of properties Worksaffected by any stormwater discharge from the site.
Note: Such consent may require supporting engineeringplans and calculations.
2.42 Submit a Site Based Stormwater Management Plan As part of the(SBSMP) prepared by a Registered Professional Engineer lodgement of theQueensland (RPEQ), which generally conforms to the Operational Worksapproved development plan/s and Somerset Regional applicationCouncil Development Standards.
The SBSMP should include the following:
? Quantity and quality of stormwater to be releasedfrom the development;
? All sources of potential contamination (including butnot limited to the actual and potential release of allcontaminants;
? The potential impact of these sources;? Impact of the release of stormwater from the
development on the quality and integrity of thereceiving environment;
? Measures to be implemented to prevent thelikelihood of stormwatercontamination; and
? Maintenance schedule.
2.43 Adjoining properties and roadways to the development are Prior to Complianceto be protected from ponding or nuisance from stormwater Assessmentas a result of any site works undertaken as part of theproposed development.
EROSION AND SEDIMENT CONTROL2.44 Erosion and sedimentation controls shall be implemented, At all times
as necessary, and shall be maintained to Council'ssatisfaction at all times during the course of the project.Should Council determine that proposed controls areineffective or a downstream drainage system has becomesilted, the developer will:
? Be required to install additional measures.? Be responsible for the restoration work.
2.45 Measures shall be applied to prevent site vehicles tracking At all timessediment and other pollutants onto adjoining streets duringthe course of the project, and to prevent dust nuisance.
2.46 Prepare an Erosion and SedimentControl Plan designedby As part of thea Registered Professional Engineer Queensland (RPEQ).Implement all relevant sediment and erosion control lodgement of themeasures and temporary fencing as identified on the
approved engineering drawings as part of the operational Operational Worksworks. All sediment control devices and sediment collectionpoints shall be regularly monitored, sediment removed as applicationnecessary and devices maintained responsibly duringconstruction and maintenance period of the developmentworks.
2.47 All wastes to be managed in accordance with the relevant At all timeslegislation and regulations with regulated waste to bedisposed of at a licensed facility and general solid waste to
be disposed of at approved landfill sites with the contractorcovering all costs incurred for the receipt and managementof the waste.
2.48 All declared weeds and pests are to be removed from the At all timessubject land and kept clear of such nuisance varietiesduring the course of operations.
2.49 Apart from declared weeds and pests, areas with trees, As part of Operationalshrubs and landscaping currently existing on the subject Worksland must be retained where possible and action taken to
minImizedisturbance during construction work.
SCHEDULE3-REFERRALAGENCYDepartment of Transport and Main RoadsConcurrence AgencyResponse
3.1 Pursuant to section 3.5.11 of the integrated PlanningAct 1997 the DepartmentofTransport and Main Roads, as a Concurrence Agency, has assessed the impact ofthe proposed development having regard to land use and transport coordinationand the state-controlled road network and advises Council to include theConcurrenceAgency Conditions and Statement of Reasons must be included in
any approval granted for the application.
3.2 ^ ConcurrenceAgency response dated 8 April 2019 and referenced TMR19-026645.
3.3 Concurrence Agency response will be attached to Council's Decision Notice forDA5613.
AdviceThis approval has effect in accordance with the provisions of Section 3.5.19 of theIntegrated PlanningAct 1997
The integrated Planning Act 1997 (IPA) states that any change to the use or the scale orintensity of the approved use requires the submission of a new development application andsubsequentdevelopmentapproval.
The Applicant has the Right of Appeal to the Planning & Environment Court regarding theconditions of this approval.
Should the Applicant notify Council in writing that the conditions of approval are acceptedwithout dispute and that the right of appeal to the Court will not be exercised, the DecisionNotice may be taken to be the development permit.
The Plan of Survey will not be released until all works are completed or uncompleted worksare suitably bonded and approved by Council
Landowners are responsible for the construction and maintenance of any vehicular accessfor the property, frorn the road carriageway to property boundary in accordance withCouncil's standards.
3. THAT Council amend the zoning of Lot 461 on CC58 from Emerging Community toGeneral Residential Zone - Park Residential Precinct with the appropriate change to be
made as part of the current Planning Scheme amendment, should there be no Appealsagainst Council's decision."
CarriedVote - 6-0
Referral Agency ConditionsThe State Agency conditions will be attached to this Decision Notice.
6. Relevant PeriodThe relevant period for each aspect of the approval as specified in Section3.5.21 of IPA is:
Material change of use --4yearsReconfiguring a lot not requiring operational works --2 yearsReconfiguring a lot requiring operational works --4 yearsAny other development--2 years,
Note: If there is 1 or more subsequent relatedapprovals for a developmentapprovalfor a material change of use or a reconfiguration, the relevant periodfor the approval will be taken to have started on the day the latest relatedapproval takes effect.
7. Approved PlansThe approved plans andlor document for this development approval are listedin the following table.
PlanIDocument PlanIDocumentName DateNumber9564 P 01 Rev D-PRO Proposal Plans prepared by 17 May 201901 Saunders Havill Group9564 P 01 Rev D-PRO Staging Plan - Stage 1a and 1b 17 May 201901 prepared by Saunders Havill Group9564 P 01 Rev D-STG Staging Plan - Stage 2a, 2b and 2c 17 May 201902 prepared by Saunders Havill Group
9564 P 01 Rev D-STG Staging Plan - Stage 2d and 2e 17 May 201903 prepared by Saunders Havill GroupAmended concurrence Department of Transport and Main 8 April 2019Agency Response - RoadsReference TMR19-
} 026645.
8. Other Necessary Development PermitsRefer to Schedules of Approval
9. CodesApplicableto Related Self-Assessable DevelopmentNil
10. Public NotificationThis application required public notification in accordance with S.3.5.15 of theIntegrated PlanningAct 1997.
SubmissionsThere were 10 Properly Made submissions about the application. In
accordance with S.3.5.15 (2)(j) of the IPA, the name and address of theprincipal submitter for each properly made submission are as follows:
Name of Submitter Address1. Bill Morcus 108 Patrick Estate Road
Patrick Estate Old 43112. Paul and Nicole Bishop 84 Wyatts Road
Rifle Range Old 43113. Charlotte Holman 204 Wyatts Road
Rifle Range Qld 43114. lan and Deborah McLean 59 Beacon Road
Lowood Qld 43115. Jodie Wilson 180 Wyatts Road
Rifle Range Qld 43116. Amanda Atherton 9 Beacon Road
Lowood Qld 4311 .
7. Somerset Regional 60 Steinhardt StreetEnvironment and Education Lowood Old 4311GroupC/.. Val Martin
8. George Regent 96 Wyatts RoadRifle Range Old 4311
9. Ron and Sue Windred PO Box 173Lowood Old 4311
10. ColleenAnderson 29 Weinholt RoadLowood Old 4311
12. Appeal RightsPursuant to Chapter 4 Divisions 8 and 9 of the Integrated Planning Act 1997,an appeal period of 20 business days applies. I enclose herewith a copy ofDivisions 8, 9 and 10 under Chapter 4 of the Integrated Planning Act 1997,
which sets out your rights of appeal, and the appeal rights of any submittersregarding this decision.
11. When the DevelopmentApproval takes effectThe Decision Notice is taken to be a development approval and has effect-
If the applicant does not appeal the decision to the court, this developmentapproval takes effect from the earlier date of either:
? When the submitter's appeal period ends; or? The day the last submitter gives the assessment manager written notice
that the submitter will not be appealing the decision; or? Subject to the decision of the court, when the appeal is finally decided, if
an appeal is made to the court.
This approval will lapse if:
? For a reconfiguration, a plan for the reconfiguration is not given to thelocal government within the relevant period stated in this decisionnotice;
Note that in the case of a development approval for a material change of use orreconfiguring a lot, if there is 1 or more subsequent related approvals, therelevant period for the material change of use or reconfiguration will restart fromthe date of the related approval taking effect. Please refer to section 3.5.21 ofIPA for further information.
AttachmentsPlease find attached:
1. Conditions of your approval as adopted by the Somerset RegionalCouncil.
2. Amended ConcurrenceAgency Response - Department of Transportand Main Roads .-- Reference TMR19.·026645
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Our ref TMR19-026645Your ref DA5613 DepartmentofEnquiries Lena Hobson TranSport and Main Roads
8 April 2019
The Chief ExecutiveOfficerSomersetRegional CouncilPO Box 117Esk QLD 4312
Attention: Julie Bertsos
APPRO\/EDSornerset RegionalCouncil
for the ASSESSMENTMANAGER
DA 5 6 1 3 1 4 AUG2019
Dear Sir/Madam
AMENDED CONCURRENCEAGENCYRESPONSE
Proposed Development: PreliminaryApproval for a Material Change of Use of Lot491 on CC58 from Rural to Rural ResidentialDevelopment Permit for a Reconfiguration of a Lot for a
Freehold Subdivision of Lot 491 on CC58 into RuralResidential Allotments
Real Property Description: Lot 461CC58StreetAddress: 303 Clarendon Road, Lowood QLD 4311AssessmentManager ref.: DA5613Local GovernmentArea: Somerset Regional Council
The Department of Transport and Main Roads (the department)issued its concurrenceagency response regarding the above application on 10 June 2008. On 13 February2019,the applicant requested the department amend its concurrenceagency response.
The department has reviewed the request and with the applicant's agreement, amended its
concurrence agency response. Please find enclosed a copy of the department'samendedresponse and the applicant's agreementto this response pursuant to section3.3.17(3)(a) ofthe Integrated Planning Act 1997 (IPA).
Program Delivery and Operations Telephone +61 7 5451 7055North Coast District/ MaroochydofeOffice Facsimile +61 :7 5370 559812 First AvenueMarocchydore Queensland4558 Website www,tmräld.gov.auPO Box 1600 MaroochydoreQueensland4558 Email North [email protected]
ABN: 39 407 690 291
The assessment manager must take the actions set out in the amended concurrenceagencyresponse as required under section 3.5.11 of the IPA. In particular, the attached aníendedconcurrenceagency response, including the Departmentof Transport and Main RoadsConcurrenceAgency Conditions and Statement of Reasons- Amended on 5 March 2019must be included in any approval granted for the application. The previously issuedconcurrenceagency responseshould now be disregarded.
The departmentmust be providedwith a copy of the assessmentmanager's decision noticeregarding the application within five (5) business days after the day the debision is made in
accordancewith section 3.5.15 of the IPA.
A copy of the amended concurrence agency response has been provided to the applicant fortheir information in accordance with section 3.3.17(3)(b) of the IPA.
If you have any queries or wish to seek clarification about any of the details in this r.esponse,please contact Lena Hobson, Senior Planneron 07 5451 7055.
Please find attached correspondence for your information and action as required. Shouldyou wish to discuss this correspondence, please coritact Lena Hobson, Senior Planner on07 5451 7055.
Yours sincerely
Chris Head
Principal Advisor
8 April 2019
Enc. (1)
Somerset RegionalCouncil
for trie ASSESSMENTMANAGER
DA s 6 1 3 1 4 AUG2019
Page 1 of 1
Departmentof Transport and Main RoadsConcurrence Agency Conditions and Statement of Reasons -Amended 5 March 2019
Proposed Development: PreliminaryApproval for a Material Change of Use of Lot 491 on CC58 from Rural to Rural ResidentialDevelopmentPermit for a Reconfigurationof a Lot for a Freehold Subdivision of Lot 491 on CC58 into RuralResidentialAllotrnents
Real Property Description: Lot 461CC58Street Address: 303 ClarendonRoad, Lowood QLD 4311Our ref.: TMR19-026645Assessment Manager ref.: DA5613Local GovernmentArea: Somerset Regional Council
SomersetRegionalCouncilforthe ÄSSESSMENTMANAGyp
DA 5 6 1 J
No. Conditions of Development Condition Timing.
Jurmdiction and Reasons
Development Permit for a Reconfigurationof a Lot for a Freehold Subdivision of Lot 491 on CC58 into Rural ResidentialAllotments1 (a) Road works comprisinga short channelised right turn treatment and a (a)- (c)basic left turn treatment must be provided at the intersection of Forest Hill
-Fernvale Road and Rifle Range Road. Prior to submitting the Plan of
Survey to the local governmentAND for approval
(b) The road works must be designed and constructed in accordancewith the Department of Transport and Main Roads' RoadPlanning andDesign Manual
t
AND
(c) The intersectionmust be provided by the applicant at no cost to theDepartmentof Transport and Main Roads.
The purposesof the Transport InfrastructureAct 1994(TIA).
The intersection upgrade is required as a result of thedevelopmentand its associated traffic impacts toensure the safety and efficiency of the state-controlledroad network.
Comments or additional information:In accordance with Section 33 of the TlA, you musthave written approvalto carry out road works,including road access works on a state-controlled ..
road. These developmentconditions do not constitutesuch approval You wW need to contact the
No. Conditionsof Devel'opment.. Cond tron T m ng Junsdiction and Reasons
Departmentof Transportand Main Roads onNorth.Coast.lDAS@tmr:qld.gov.auto make anapplicationfor approval undersection 33 of the TIA tocarry out road works.
The Department of Transport and Main Roads'technical standards and publicationscan be accessed
Where serviceswithin the state-controlledroadreserve will be impacted by the development,theapplicantwill need to contact the relevant serviceprovider.
SomersetRegional Council
or the ASSESSMENTMANAGER
DA 5 6 1 3 1 4 AllG 2019
Advice for state controlled noa
Under section 33 of the Transport/nfrastructureAct 1994, written approval is required fròm the Departmentof Transportand Main Roadsto carry out road works , including road access works, on a state-controlled road. Please contact the Department of Transport and MainRoads on North.CoastJDAS(ältmr.qld.pov.auor 5451 7055 to make an application for road works approval. This approval must be
obtained prior to commencing any works on the state-controlledroad reserve. The approval process may require the approval ofengineeringdesigns of the proposedworks, certified by a Registered Professional Engineer of Queensland (RPEQ).
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ConnectingQueensland QueenSlandwww.tmr.qld.gov.au Government
Addice för stäte cdistFdlled roads
Pursuantto Section 4.3.3 of the integrated Planning ct 1997it is a developrnent offence to contravené a development approvalincluding any condition in the approval.
Pursuant to Section 80 of the Transporf1nfrastructureAct 1994, the construction, augmentation, alteration or maintenance of a publicutility piant oil a state-controlled road reserve, must be in accordance with the Department of Transport and Main Roads' requiremehts.
SomersetRegionalCouncilfor thò ASSESSMENTMANAGER
DA S 6 1 31 4 ÁU62819
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ConnectingQueensland. Quegng[and
vmw.tmr.qld.gov.au Government
s 4.1.24 183 s 4.1.27
IntegratedPlanning Act 1997
4.1.24 Privileges, protection and immunityA person who is one of the following has the same privileges,protection or immunity as the person would have if theproceeding were in the District Court-(a) the judge presiding over the proceeding;(b) a legal practitioner or agent appearing in-the proceeding;(c) a witness attending in the proceeding.
4.1..25 Payment of witnessesEvery witness summòned is entitled to be paid reasonableexpenses by the party requiring the áttendanceof the viitness.
4.1.26 Evidence of planning schemes(1) If a chief executive officer of a local government is satisfied a
document is a true copy of a planning scheme, or a part of theplanning,scheme, in force for the local government at a timestated in the document, the chief executive officer may socertify the document.
(2) In. a proceeding, a. document certified under subsection (1) isadmíssible in evidenée as if it were the original scheme orpart.
Division 8 Appeals to court relating todevelopment applications
4.1.27 Appeals by applicants(1) An applicant for a development application may appeal to the
court against any of the follovling-(a) the refusal, or the refusal in párt, of a developnient
application;
(b) a matter stated in a developmentapproval, including anycondition applying to the development, and theidentification of a code under section 3.1.6;
s 4.1.28 184 s 4.1.28
Integrated PlanningAct 1997
(c) the decision to give a preliminary approval when adevelopmentpermit was applied for;
(d) the length of a period mentionedin section 3.5.21;
(e) a deemed refusal.
(2) An appeal under subsection (1)(a) to (d) must be started
within 20 business days (the applicant's appealperiod) afterthe day the decision notice or negotiated decision notice is
given to the applicant.
(3) An appeal under subsection (1)(e) may be started at any timeafter the last day a decision on the matter should have been
made.
4.1.28 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 under section 3.5.14 or 3.5.14A; or
(b) for an application processed under section6.1.28(2)-thepart of the approval about the aspects ofthe development that would have required publicnotification under the repealed.Act.
(2) To the extent an appeal may be made under subsection (1), theappeal may be against 1 or more of the following-(a) the giving of a developmentapproval;
(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 3.5.21
for the approval.
(3) However, a submitter may not appeal if the submitter-
.(a) withdraws the submission before the application isdecided; or
(b) has given the assessmentmanager a notice under section3.5.19(1)(b)(ii).
s 4.1.28A 185 s 4.1.28A
Integrated Planning Act 1997
(4) The appeal must be started within 20 business days (the
submitter's appeal period) after the decision notice ornegotiated decision notice is given to the submitter.
4.1.28A Additional and extended appeal rights for submitters forparticular developmentapplications
(1) This section applies to a development application to whichchapter 5, part 8A applies.
(2) A submitter of a properlymade submission for the applicationmay appeal to the court about a referral agency responsemadeby a prescribed concurrenceagency for the application.
(3) However, the submitter may only appeal against a referralagency response to the extent it relates to-(a) if the prescribed concurrence agency is the chief
(b) if the prescribed concurrence agency is the chiefexecutive (fisheries)4evelopmentthat is-(i) a material change of use of premises for
aquaculture;or
(ii) operational work that is the removal, damage ordestruction of a marine plant.
(4) Despite section 4.1.28(1), the submitter may appeal againstthe following matters for the application even if the mattersrelate to code assessment-(a) a decision about a matter mentioned in section 4.1.28(2)
if it is a decisionof the chiefexecutive (fisheries);
(b) a referral agency response mentionedin subsection (2).
Subsection (1A) applies if an advice agency, in.its response
for an application, told the assessment manager to treat the
responseas a properly made submission.M
The advice agency may, within the limits of its jurisdiction,appeal to the court about any part of the approval relating tothe assessment manager's decision under section 3.5.14 or3.5.14A.
(2) The appeal must be started within 20 business days after theday the decision notice or negotiated decision notice is givento the advice agency as a submitter.
(3) However, if the advice agency has given the assessmentmanager a notice under section 3.5.19(1)(b)(ii), the adviceagency may not appeal the decision.
4.1.30 Appeals for matters arising after approval given(co-respondents)(1) For a development approval given for a development
application, a person to whom any of the following noticeshave been given may appeal to the court against the decisionin the notice-(a) a notice giving a decision on a request for an extension
of a period mentionedin section 3.5.21;
(b) a notice giving a decision on a request to make a minorchange to an approval.
(2) The appeal must be started within 20 business days after theday the notice of the decision is given to the person.
(3)
(4)
Subsection (1)(a) does not apply if the approval resulted froma development application (supersededplanning scheme) thatwas assessed as if it were an application made under a
supersededplanning scheme.
Also, a person who has made a request mentioned insubsection (1) may appeal to the court against a deemed
refusal of the request.
81 See section 3.3.19 (Adviceagency's responsepowers).
s 4.1.31 187 s 4.1.33
Integrated Planning Act 1997
(5) An appeal under subsection (4) may be started at any timeafter the last day the decision on the matter should have beenmade.
Division 9 Appeals to court about othermatters
4.1.31 Appeals for matters arising after approvai given (noco-respondents)(1) A person to whom any of the following notices have been
given may appeal to the court .against the decision in the
notice-(a) a notice giving a decision on a request to change or
cancel a conditionof a developmentapproval;
(b) a notice under section 3.5.33A(9)(b) or 6.1.44 giving adecision to change or cancel a condition of adevelopmentapproval.
(2) The appeal must be started within 20 business days after theday the notice of the decision is given to the person.
(3) Also, a person who has made a request mentioned insubsection (1)(a) may appeal to the court against a deemed
refusal of the request.
(4) An appeal under subsection (3) may be started at any timeafter the last day the decision on the matter should have been
made.
4.1.32 Appeals against enforcement notices(1) A person who is given an enforcementnotice may appeal to
the court against the giving of the notice.
(2) The appeal must be started within 20 business days after theday notice is given to the person.
4.1.33 Stay of operationof enforcementnotice(1) The lodging of a notice of appeal about an enforcementnotice
. stays the operation of the enforcementnoticeuntil--.
