Planning 9-6-11.pdf - Bundaberg Regional Council

ContentsAGENDA FOR PLANNING & DEVELOPMENTCOMMITTEE MEETINGTO BE HELD IN COMMITTEE ROOM, BUNDABERGON THURSDAY 09 JUNE 2011, COMMENCING AT 9.00 AM1 ApologiesPage2 Confirmation of MinutesB1 Planning & Development Committee Meeting - 26/05/113 DevelopmentN1N2N3N4N5N6N7Buckholz Road, Eureka- Request to extend relevant period of approval 348 Gahans Road, Kalkie- Development Application for Reconfiguring a Lot – CodeAssessment – for Fifteen (15) Lot Subdivision - Request forNegotiated Decision Notice 14743 Rosedale Road, Meadowvale- Request for a Negotiated Decision on Low Scale Business 48221 Bargara Road, Kalkie- Reconfiguration of a lot (12 Lots) 10522 Blain Street, Bargara- Request to Change a Development Approval for MaterialChange of Use for Public Place of Worship 12381 & 83 Water Street, Walkervale- Material Change of Use ( 28 units) Aged Care 15133A Letinic Street, Millbank- Development Application for Material Change of Use forResidential Multi Unit (comprising of 12 Accommodation Units) 179- 1 -

N8N916 Pandanus Court & 6 Second Avenue, Woodgate- Request to Extend the Relevant Period & Request to Change anExisting Approval for MCU (24 Motel Units & Restaurant) 201118 & 122 Bargara Road, Bundaberg East- Request for consideration to lease carparking spaces 2244 General Business5 Meeting Close- 2 -

DevelopmentN1 Buckholz Road, Eureka - Request to extend relevant period of approvalAgenda for Planning & Development Committee Meeting Page 3Item 09 June 2011Item Number:N1File Number:321.2010.30918.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:Buckholz Road, Eureka - Request to extend relevant period of approvalReport Author:Scott Irwin, Planning OfficerAuthorised by:Wayne Phillips, Manager Planning (Coastal)Link to Corporate Plan:Nil -Applicant:AC McDonaldOwner:AC McDonaldLocation:Buckholz Road, EurekaRPD:Lot 20 on C371049, County Cook, Parish EurekaArea:259 haLand Designation:Rural APlanning Scheme:Transitional Planning Scheme for the Balance of the Shire of Isis (superseded)Proposal:The former Isis Shire Council issued a Development Permit for Reconfiguring a Lot,dated 29 November 2006. This approved the subdivision of Lot 20 on C371049 intofour (4) rural allotments. The following tabulation illustrates the area of the existingand proposed lots:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 4Existing LotDescriptionsLot 20 on C371049Proposed LotDescriptionsLot 1Lot 2Lot 3Lot 4Area of existing lot159haArea of proposed lots118.31ha60.631ha40.007ha40.049haA Request to extend the relevant period has been made by letter received byCouncil on 26 November 2011. The request proposes to change the existingapproval to the extent detailed below:•Extend the Relevant Period for the Approval.o Additional two (2) years.ConsiderationsSection 388 of the Sustainable Planning Act 2009 provides the legislative frameworkfor considering a request to extend the relevant period for an existing approval.The Assessment and Decision of this application is in accordance with theseprovisions.Request to Extend the Relevant PeriodConsideration of the request against the criteria provided under s 388 of theSustainable Planning Act 2009 is tabulated below:Criteria under s 388 SPA(a) the consistency of the approval,including its conditions, with thecurrent laws and policies applying tothe development, including forexample, the amount and type ofinfrastructure contributions, orinfrastructure charges payable underan infrastructure charges schedule;andCommentThe subject land is currently zonedRural. It is also affected by a number ofoverlays including State and RegionalBiodiversity, Medium Bushfire Risk andnatural waterway. The land is identified inthe Landscape and Rural Productiondesignation under the Draft Wide BayBurnett Regional Plan.The proposed allotment layout and areasare considered to be inconsistent withthe current Isis Shire Planning Scheme2007. The current reconfiguring a lotcode specifies a minimum lot size of 200hectares.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 5Criteria under s 388 SPA(b) the community’s current awarenessof the development approval; and(c) whether, if the request wererefused—(i) further rights to make asubmission may be availablefor a further developmentapplication; and(d) (ii) the likely extent to which thoserights may be exercised; and(e) (i) the views of any concurrenceagency for the approval.CommentThe original application was not publiclynotified and therefore the communitywould have limited awareness of theproposal.There is no ability for the applicant tolodge another application for the sameproposal as the superseded scheme nolonger applies in the former Isis Shire.The Department of Transport and MainRoads replied by letter dated 23December 2010 advising they have noobjection to Council granting a 2 yearextension to the relevant period.ConclusionsThe Applicant’s request to extend the relevant period (period before the approvallapses) by an additional 2 years can not be supported based on the following:•The Application was approved under a Superseded Planning Scheme and isconsidered to be inconsistent with the current planning scheme; and•Council is preparing the Bundaberg Regional Council Planning Scheme, which isforecast to be in place during 2013.However, as no previous extension has been granted it is recommended that a 12month extension to the relevant period be Approved. This is consistent withdecisions relating to similar requests for extensions to currency periods.Attachments:1 Representations2 Original Decision NoticeRecommendation:That the request (321.2010.30918.1) for extension of time to the relevant periodat Buckholz Road, Eureka, be approved for a twelve month (12) period andCouncil issue the Notice.Meeting held: 09 June 2011

Original Decision NoticeAttachment 2 Page 8Attachment 2 - Original Decision Notice

Attachment 2 Page 9Attachment 2 - Original Decision Notice





N2 48 Gahans Road, Kalkie - Development Application for Reconfiguring a Lot – Code Assessment – for Fifteen (15) Lot Subdivision - Request for Negotiated Decision NoticeAgenda for Planning & Development Committee Meeting Page 14Item 09 June 2011Item Number:N2File Number:321.2010.30549.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:48 Gahans Road, Kalkie - Development Application for Reconfiguring a Lot – CodeAssessment – for Fifteen (15) Lot Subdivision - Request for Negotiated DecisionNoticeReport Author:Aaron Kelly, Planning OfficerAuthorised by:Rob Thompson, Manager Planning (City & Hinterland)Link to Corporate Plan:Nil -Previous Items:N1 - 48 Gahans Road, Kalkie - Development Application for Reconfiguring a Lot –Code Assessment – for Fifteen (15) Lot Subdivision. - Ordinary Meeting - 27April 2011Applicant:Dream Seeds Pty LtdOwner:TA HansenLocation:48 Gahans Road, KalkieRPD:Lot 2 on RP894772, County Cook, Parish KalkieArea:1.457 HectaresLand Designation:Residential "A" (Local Area 6)Planning Scheme:Planning Scheme for Bundaberg City.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 15Background:By Decision Notice dated 3 May, 2011 Council issued a Development Permit toReconfigure the subject allotment by way of a fifteen (15) Lot Subdivision located at48 Gahans Road, Kalkie.By letters dated 9 May, 2011 the Applicant has suspended their Appeal Period andhas made representations regarding the Decision Notice.The Applicant’s representations seek an amended Decision Notice that incorporatesstaging of the Development which was omitted in the original Decision Notice. Theoriginal Application sought approval of the Development in two (2) stages as follows:Stage 1 – Lot 15 (containing the existing dwelling on the site) and balance area;Stage 2 – Lots 1 through to 14 and new road.A staging of the development requires careful consideration on the progress of worksas they relate to each stage. Many of the Conditions will remain but however will bere-arranged within the Decision Notice for each respective Stage.The Sustainable Development engineering requirements below discuss how stagingof the development will affect the timing and arrangement of Conditions.Considerations1. Stage 1 – Proposed Lot 15 and Balance Area1.1 Water SupplyProposed Lot 15 already has a water connection. It will be necessary to ensure thatthe existing water supply pipework is contained within the Lot.1.2 SewerageThe house in proposed lot 15 is already connected to the sewerage network via amanhole in 8 Gilchrist Court. No Sewerage Condition will apply.1.3 Stormwater DrainageThe site is a sub-catchment of a much larger area which starts near Armitage Court(to the east). The aggregated catchments direct its stormwater to Gahans Roadthrough sheet flow. After the stormwater flows under (and over Gahans Road) itflows though an open drain contained within the park adjacent to Kinghorn Street.The stormwater eventually drains to Jealous Road and via the East Bundaberg Drainto the river.Gahans Road currently has lateral drainage which consists of a single Ø450 RCP tocater for the upstream flows from the aggregated catchment. To provide Q10 ARIlateral drainage across Gahans Road for the upstream undeveloped catchmentexcluding the site this pipe should be augmented by an additional 3600*600 RCBC(value approximately $45,000 incl GST).Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 16It is proposed that the Developer provide the additional 3600*600 RCBC underGahans Road independent of the drainage from the site and in a position that wouldsuit future development (about adjacent to the southern point of proposed Lot 14).With regard to the site specific drainage, the open drain in the park has beendesigned such that a major portion of the site is already deemed to be developed.This means that the theoretical stormwater flows from the site will increase only asmall amount as a result of the proposed development and hence, flows can beattenuated by slightly larger pipes contained within the site. It should be noted thatit is necessary to fill some of the lots: in particular proposed Lots 8 – 11 & 14 to suitGahans Road footpath works and provide a connection to sewerage for theaforementioned lots. As a result of the abovementioned, it will be necessary toprovide the additional 3600*600 RCBC.The filling of proposed Lots 8 – 11 & 14 creates a drainage problem as there is abund on the adjoining upstream property that directs flows to Gahans Road. In fillingthe proposed Lots the developments side of the bund would have its flowpathblocked, therefore, requiring inter-allotment drainage. The Developer is currentlynegotiating with the adjoining landowner to fill to the top of the bund. This wouldremove the necessity to require inter-allotment drainage on the proposed Lots.However, as filling to the bund is not a certainty the Developer will be conditioned toprovide inter-allotment drainage on the abovementioned lots.Proposed Lot 15 falls to the rear of the site. Accordingly, the Developer can eitherprovide drainage to the front of the site to connect into stormwater infrastructure forthe development or register an easement through the balance area (in associationwith inter-allotment drainage pipework). Both scenarios will be conditioned.1.4 RoadworksThe stage involves road widening on Gahans Road. The road widen will match theexisting widening in the area. It will also be necessary to provide a footpath. Itshould also be noted that this stage cannot be designed without considering its affecton Stage 2. Therefore, Operational Works for Stage 1 must be inclusive of stage 2and must outline the extent of works for Stage 1.2. Stage 2 – Lots 1 through o 142.1 Water SupplyA Ø100 mm uPVC water main traverses the western side of Gahans Road. It will benecessary to ensure that the main is connected outside the existing pavement andtraverses the road in accordance with Council standards.2.2 SewerageTo service the allotment it will be necessary to provide points-of-connection to twomanholes in Gahans road and the manholes contained within 5 and 3 Gilchrist Court(Lot 45 and 44 on RP 187607 respectively).Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 172.3 Stormwater DrainageThe explanation provided in Stage 1 Considerations outlined the requirements forStage 2.2.4 RoadworksThe project involves a short cul-de-sac and road widening on Gahans Road. Theroad widening will match the existing widening in the area. It will also be necessaryto provide a footpath and adequate transition to the south of the site toaccommodate pedestrian movements in the area. Finally, due to the amount oftraffic in the area it is necessary to specify a CHR(s) turn3. Infrastructure ChargesInfrastructure charges contributions are required as per the attached calculationsheets for both Stages 1 and 2.Attachments:1 Applicant's Representations2 Original Decision Notice3 Infrastructure Charges Stage 14 Infrastructure Charges Stage 25 Proposal PlansRecommendation:That: -(A) The Applicant be advised that Council has considered therepresentations contained in their letter received 9 May regarding theStaging of the Proposed Development for the Development Permit(Council Reference Number 321.2010.30549.1) for Reconfiguring a Lot –Code Assessment – for Fifteen (15) Lot Subdivision in Two (2) Stages -at 48 Gahans Road, Kalkie; Proposed Lots 1 to 15 cancelling Lot 2RP894772, County Cook, Parish Kalkie; be approved and:(B)Council issue a Negotiated Decision Notice to the Applicant.Part 1(a). Conditions Imposed by the Assessment ManagerStage 1 – Proposed Lot 15 and Balance AreaGeneral1. All works are to be undertaken at the Developer’s expense;2. The Developer must comply with all of the conditions of this DevelopmentPermit for each respective stage of the reconfiguration prior to the submissionof a Plan of Survey unless otherwise stated within this notice;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 183. The Developer is to lodge a Plan of Survey for Councils endorsement;Approved Plans4. The proposed development is to be generally constructed in accordance withConditions contained within this notice and the following Approved Plans;Plannumber10291-PPlan/Document name Prepared By DatePlan of Proposed LotReconfiguration Lots 1 -15Cancelling Lot 2 on RP894772, 48 Gahans Road,BundabergSommerfeldJensen CampbellOctober 2010Infrastructure Contributions5. Payment of Infrastructure contributions for Sewerage, Water Supply,Stormwater, Transport (Local and state controlled roads), Pedestrian andCycle Ways, and Parks, Recreation and Community Land, in accordance withCouncil’s Adopted Planning Scheme Policy, is required.Contributions required, if paid by 30 June 2011 are:Type ofContributionEquivalentDemandRecognisedPreviousContributionAmountSewerage 2.00 1.00 $3,440.94Water Supply 2.00 1.00 $3,335.23Stormwater 2.00 1.00 $1,500.00Transport - Local 2.00 1.00 $1,355.45Transport - State 2.00 1.00 $1,382.98Pedestrian &2.00 1.00 $701.40Cycle WaysParks, Rec. &2.00 1.00 $2,616.21Community LandTotal $14,332.21All contributions are payable at the time of endorsement of the Survey Planunless stated otherwise within this notice. The actual contribution payable willbe adjusted if necessary to allow for variations determined in accordance withthe applicable Planning Scheme Policy current at the time of payment;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 19Water Supply6. The Developer must ensure that all internal water supply pipework and fittingconnected to the and associated with the dwelling on Lot 2 on RP 894772 iswholly contained within proposed Lot 15;Stormwater Drainage7. Stormwater drainage (Gahans Road) is to be designed and constructed inaccordance with the requirements of the Queensland Urban Drainage Manualand Bundaberg Regional Council, i.e., a piped system with a capacity to caterfor Q 5ARI flows, with overland flowpaths to be provided for a capacity of Q 100ARIless piped flow;8. Detention storage is required to be provided to cater for increased stormwaterrunoff as a result of this development. Stormwater discharge from the subjectland is to be limited to pre-development generated peak levels up to andincluding Q100 ARI flows via the provision of on site detention storage. Thedetention storage shall be provided generally in accordance with the DrainageStrategy by Empire Engineering (17 February 2011);9. Where lateral flows are provided across Gahans Road the undergrounddrainage must be construed to at least Q10 ARI standard;10. Inter-allotment or piped drainage, with inlet pit at the rear of proposed Lot 15,of sufficient capacity to convey up to Q100 ARI, flows or lesser ARI asdirected by the Manager Sustainable Development, is to be designed andconstructed in accordance with the Queensland Urban Drainage Manual tocater for the stormwater from proposed Lot 15. The drainage specifics mustbe determined at the Operational Works Stage;11. The site drainage system must be designed such that no restriction to theexisting stormwater flows from upstream properties or ponding of stormwaterupon upstream properties occurs as a result of the development up to andincluding the Q 100 ARI flows;12. Dedication of 3.0 metre wide Stormwater Easements, at no cost to Council, tocontain the stormwater infrastructure where it traverses the balance Lotcreated from property boundary to property boundary. The EasementDocumentation is to be acceptable to Council, and be prepared at the full costof the Developer;Stormwater Drainage – External (Lateral Crossing to the South of ProposedLot 14)13. The Developer must provide lateral drainage to a Q10 ARI standard to caterfor the stormwater generated by the upstream catchment in a location nearthe southern boundary of proposed Lot 14, if the balance area is filled andsuch filling affects the existing drainage path. The value of the works may beoffset against the stormwater infrastructure charge for this development;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 20Stormwater – CCTV Inspection14. Prior to the commencement of the defects liability period all Stormwaterinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;15. All Stormwater infrastructure, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the defects liability period. All costs associated with theinspections shall be borne by the Developer;Stormwater – WSUD Environmental16. The drainage system for the development is to incorporate StormwaterQuality Improvement which could include Devices (SQID) and measures toremove pollutants, including sediment, nutrients, metals and trash inaccordance with the State Planning Policy for Healthy Waterways (2009) andthe Bundaberg Regional Council Stormwater Management Strategies. At theOperational Works Stage, the Developer must submit and obtain an approvalof a Site Based Stormwater Management Plan and Erosion and SedimentControl Management Plan outlining how the Stormwater QualityImprovements in both the construction and operational phases will beachieved;17. Bio-retention measures will have a maintenance period of 24 months;18. Bio-retention extended detention depth must not be greater than 300 mm,unless approved by Manager Sustainable Development;Gahans Road Roadworks19. Pavement construction and asphaltic concrete (AC) sealing is to be providedto the full site frontage of Stage 1 of Gahans Road from the edge of theexisting pavement to the lip of new kerb and channel (to be located on aTrunk Collector Road alignment). The pavement is to be designed inaccordance with Austroads Pavement Design for Light Traffic: A supplementto Austroads Pavement Design Guide (AP-T36/06). The pavement specificsshall be determined at the Operational Works Stage;20. Layback kerb and channelling is to be provided on road frontage to thestandard adopted by Council from time to time in its Statement of Policy;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 21Pathways21. The Developer must provide a 1.5 metre wide (minimum) concrete ribbonpathway along the frontage of the proposed Lot in accordance with Council’sdrawing 13977. The footpath is to be ramped at the southern end of theStage with the grade issue is to be determined at the Operational WorksStage;Upgrade of Existing Access for Proposed Lot 1522. Construction a reinforced concrete residential driveway in accordance withCouncil’s Drawing No. R-0050 (Current Version) to proposed Lot 15. Thespecific requirements of the crossing shall be determined at the OperationalWorks stage of the development;Filling of Land23. Any placement of fill material within the subject land shall comply with thePlanning Scheme for Bundaberg City’s “Filling and Excavation Code”. Suchfilling shall cater for overland stormwater flowpaths from adjacent allotments.All fill material to be placed on the subject allotments shall be testedstructurally certified in accordance with the Code. Such certification is to beprovided prior to the sealing of the Development final Plan of Survey;Other24. The submission of engineering drawings associated with Stage 1 OperationalWorks must include the proposed works for both Stages of the development.The plans must outline the extent of works to be undertaken in each Stage;Stage 2 – Proposed Lots 1 through to 14General25. All works are to be undertaken at the Developer’s expense;26. The Developer must comply with all of the conditions of this DevelopmentPermit for each respective stage of the reconfiguration prior to the submissionof a Plan of Survey unless otherwise stated within this notice;27. The Developer must comply with all the conditions of Stage 2 of thisDevelopment Permit prior to the endorsement of the Stage 2 Plan of Surveyunless otherwise stated within this notice;28. The Developer is to lodge a Plan of Survey for Councils endorsement;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 22Approved Plans29. The proposed development is to be generally constructed in accordance withConditions contained within this notice and the following Approved Plans;Plannumber10291-PPlan/Document name Prepared By DatePlan of Proposed LotReconfiguration Lots 1 -15Cancelling Lot 2 on RP894772, 48 Gahans Road,BundabergSommerfeldJensen CampbellOctober 2010Infrastructure Contributions30. Payment of Infrastructure contributions for Sewerage, Water Supply,Stormwater, Transport (Local and state controlled roads), Pedestrian andCycle Ways, and Parks, Recreation and Community Land, in accordance withCouncil’s Adopted Planning Scheme Policy, is required.Contributions required, if paid by 30 June 2011 are:Type ofContributionEquivalentDemandRecognisedPreviousContributionAmountSewerage 14.00 1.00 $ 44,732.19Water Supply 14.00 1.00 $ 43,358.01Stormwater 14.00 1.00 $ 19,500.00Transport - Local 14.00 1.00 $ 17,620.90Transport - State 14.00 1.00 $ 17,978.76Pedestrian &Cycle WaysParks, Rec. &Community Land14.00 1.00 $ 9,118.2114.00 1.00 $ 34,010.78Total $ 186,318.85All contributions are payable at the time of endorsement of the Stage 2Survey Plan unless stated otherwise within this notice. The actualcontribution payable will be adjusted if necessary to allow for variationsdetermined in accordance with the applicable Planning Scheme Policy currentat the time of payment;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 23Water Supply31. The Developer is to provide for the reticulation of water supply to each andevery lot into which the land is proposed to be reconfigured by supplying allnecessary materials and works, including structures and equipment, andperforming all necessary works at the expense of the Developer. Works areto include network modelling with main sizing to be finalised at theDevelopment’s Operational Works Application;32. Looped water reticulation will be required throughout the development;33. Provision of a partial property (water) service to each proposed Lot inaccordance with Council’s Standard Drawing No. 17918;34. Road crossings must be tunnel bored;35. Water supply works performed on live water supply infrastructure, namelyconnection the mains in Gahans Road will be required to be undertaken byCouncil at the Developer’s expense. Council will provide a quotation at thewritten request of the Developer. The request must be accompanied by plansmarked ‘For Construction’;Sewerage36. The Developer is to provide for the reticulation of sewerage to each and everyLot into which the land is proposed to be reconfigured, by supplying allnecessary materials and works, including structures and equipment, andperforming all necessary works at the expense of the Developer. Allreticulation is to be provided with gravity sewer and the lots filled accordinglyto provide for this requirement;37. No below minimum grade will be accepted by Council;38. No pump stations will be accepted by Council;39. Dedication of 2.5 metre wide Sewerage Easements, at no cost to Council, tocontain the Sewer Reticulation where it traverses the Lots created fromproperty boundary to property boundary. The Easements are to be located toprovide a minimum distance of One (1) metre between the EasementBoundary and the Sewer Reticulation. The Easement Documentation is to beacceptable to Council, and be prepared at the full cost of the Developer;40. Where the Sewer Reticulation is combined with stormwater infrastructurededication of 3.0 metre wide Combined Easements or such greater width as isnecessary to ensure that the Sewer Reticulation and stormwater reticulationare at least One (1) metre clear of other infrastructure (outside face of pipe)and there is a minimum distance of One (1) metre between the EasementBoundary and the Sewer Reticulation and stormwater infrastructure. TheEasement Documentation is to be acceptable to Council, and be prepared atthe full cost of the Developer;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 2441. Sewerage works performed on live sewerage infrastructure, namely breakinginto the existing sewer manholes in Gahans Road and Gilchrist Court will beundertaken by Council at the Developer’s expense. Council will proved aquotation at the written request of the Developer. The request must beaccompanied by plans marked ‘For Construction’;Sewerage – CCTV Inspection42. Prior to the commencement of the defects liability period all Sewerageinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;43. All sewerage infrastructure, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the defects liability period. All costs associated with theinspections shall be borne by the Developer;Stormwater Drainage – Internal (associated with lots)44. Stormwater drainage is to be designed and constructed in accordance withthe requirements of the Queensland Urban Drainage Manual and BundabergRegional Council, i.e., a piped system with a capacity to cater for Q 5ARI flows,with overland flowpaths to be provided for a capacity of Q 100ARI less pipedflow;45. Detention storage is required to be provided to cater for increased stormwaterrunoff as a result of this development. Stormwater discharge from the subjectland is to be limited to pre-development generated peak levels up to andincluding Q100 ARI flows via the provision of on site detention storage. Thedetention storage shall be provided generally in accordance with the DrainageStrategy by Empire Engineering (17 February 2011);46. Where lateral flows are provided across Gahans Road the undergrounddrainage must be construed to at least Q10 ARI standard;47. The surface of proposed Lots 1 to 14 must be shaped to drain directly to theRoad unless it can be demonstrated that Lot filling, shaping, retaining walls orother methods are not physically able to be constructed. Should interallotmentdrainage be accepted for use by Council, inter-allotment drainage toQ100 ARI will be constructed and designed in accordance with therequirements of the Queensland Urban Drainage Manual. This drainage issueis to be determined at the Operational Works Stage;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 2548. The design for the site drainage system, fill and access, etc, must beundertaken such that flows from adjacent properties will not be impeded bythe proposed development. If any blockage occurs at the rear of proposedallotments 8 – 11 and 14, inter-allotment drainage to Q100 ARI must beprovided in accordance with the requirements of the Queensland UrbanDrainage Manual. This drainage issue is to be determined at the OperationalWorks Stage;49. For each Lot draining to the street frontage, the Developer must provide Two(2) points of connection in the concrete kerb and channel for roofwaterdischarge. This point of connection shall comprise a heavy duty galvanisedsteel kerb adapter located a minimum of One (1) metre from any propertyboundary;50. The site drainage system must be designed such that no restriction to theexisting stormwater flows from upstream properties or ponding of stormwaterupon upstream properties occurs as a result of the development up to andincluding the Q 100 ARI flows;51. Dedication of 3.0 metre wide Stormwater Easements, at no cost to Council, tocontain the stormwater infrastructure where it traverses the Lots created fromproperty boundary to property boundary. The Easement Documentation is tobe acceptable to Council, and be prepared at the full cost of the Developer;Stormwater Drainage – External (Lateral Crossing to the South of ProposedLot 14)52. The Developer must provide lateral drainage to a Q10 ARI standard to caterfor the stormwater generated by the upstream catchment in a location nearthe southern boundary of proposed Lot 14. The value of the works may beoffset against the stormwater infrastructure charge for this development;Stormwater – CCTV Inspection53. Prior to the commencement of the defects liability period all Stormwaterinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;54. All Stormwater infrastructure, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the defects liability period. All costs associated with theinspections shall be borne by the Developer;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 26Stormwater – WSUD Environmental55. The drainage system for the development is to incorporate StormwaterQuality Improvement which could include Devices (SQID) and measures toremove pollutants, including sediment, nutrients, metals and trash inaccordance with the State Planning Policy for Healthy Waterways (2009) andthe Bundaberg Regional Council Stormwater Management Strategies. At theOperational Works Stage, the Developer must submit and obtain an approvalof a Site Based Stormwater Management Plan and Erosion and SedimentControl Management Plan outlining how the Stormwater QualityImprovements in both the construction and operational phases will beachieved;56. Bio-retention measures will have a maintenance period of 24 months;57. Bio-retention extended detention depth must not be greater than 300 mm,unless approved by Manager Sustainable Development;Roadworks58. Where bio-retention areas are located within the road reserve, the minimumdedicated road widths, as outlined in condition 59 , must be increased tomaintain the verge or concrete footpath profile on at least one side of theroadway;59. The new road, an Access Street must be of a minimum dedication width offifteen (15) metres and must be paved to a width of five and one half (5.5)metres measured from lip of kerb line to lip of kerb line;60. All roadways are to be sealed with asphaltic concrete;61. Concrete kerb and channelling is to be provided on each side of all roadwaysto the standard adopted by Council from time to time in its Statement ofPolicy;62. The proposed roads are to be designed both in layout and structural strengthto cope with the frequencies and weights of traffic likely to use it, asdetermined by Council. The design shall be carried out by a CharteredProfessional Engineer in accordance with the methods detailed Austroads P-T36/06 – Pavement Design for Light Traffic: A Supplement to AustroadsPavement Design Guidelines;63. Cul-de-sac bulbs must provide for a minimum twenty (20) metre turning circlemeasured from the nominal kerb line and will not have gardens orlandscaping within the pavement area;64. Truncations to access streets will have a minimum of six (6.0) metre three (3)chord configuration. The truncation areas must be included in road reserveand dedicated free of cost to Council;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 2765. Supply and erection of necessary street signs and posts. The Developer is toliaise with the Bundaberg Regional Council for determination of the names fornew development roadways;Gahans Road Works66. Pavement construction and asphaltic concrete (AC) sealing is to be providedto the full site frontage of Gahans Road from the edge of the existingpavement to the lip of new kerb and channel (to be located on a TrunkCollector Road alignment). The pavement is to be designed in accordancewith Austroads Pavement Design for Light Traffic: A supplement to AustroadsPavement Design Guide (AP-T36/06). The pavement specifics shall bedetermined at the Operational Works Stage;67. Layback kerb and channelling is to be provided on road frontage to thestandard adopted by Council from time to time in its Statement of Policy;68. The intersection of the new road, Gahans Road and Seymore Avenue mustbe constructed to comply with the requirements of the Department of MainRoads Road Planning Manual – Chapter 13 Intersections at Grade (Figure13.61 - Retrofitted CHR(s) turn treatment to an existing 4-way Intersection ona two lane rural road – both through lanes deviate by an equal distance) withgaps in the line-marking to accommodate the existing driveways. Theintersection specifics shall be determined at the Operational Works Stage;Pathways69. The Developer must provide a 1.5 metre wide (minimum) concrete ribbonpathway and pram ramps at road crossings along one of the frontages ofGahans Road in accordance with Council’s drawing 13977. The footpath is tobe ramped at the southern end of the Stage with the grade issue is to bedetermined at the Operational Works Stage;Access Strip70. For the proposed Lot 6 the Developer must :-70.1 Construct and seal the Access strip for its full width with asphalt,concrete, bitumen or approved pavers for its full length. Pavementshall be abutted by concrete edge strips;70.2 Construct a 1.8 metre high screen privacy fence to each boundary ofthe Access Strip, including provision of a 300mm wide concrete mowerstrip;70.3 Provide conduits and / or services for water supply, undergroundpower, stormwater and telecommunications within the Access Stripprior to pavement construction;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 28Filling of Land71. Any placement of fill material within the subject land shall comply with thePlanning Scheme for Bundaberg City’s “Filling and Excavation Code”. Suchfilling shall cater for overland stormwater flowpaths from adjacent allotments.All fill material to be placed on the subject allotments shall be testedstructurally certified in accordance with the Code. Such certification is to beprovided prior to the sealing of the Development final Plan of Survey;Electricity and Telecommunications72. The Developer shall provide for the supply of underground electricity to eachLot of the proposed Lot Reconfiguration. Arrangements for electricity supplyand overhead street lighting to the development shall be made by liaison forinstallation of the required works and entering into an agreement with the localEnergy Provider;73. Padmount transformer locations, where possible, are to be located within theroad reserve fronting proposed or existing parkland or drainage reserves;74. Electrical crossings are generally to be to the opposite lot boundary to waterservice crossings;75. Street lighting to new roads, multi-modal pathways and intersections shall beby way of provision of underground conduits and cables, poles and streetlights. The design and provision of street lighting shall be in accordance withAustralian Standard 1158:2005. The applicable lighting category is P4 for allroadways;76. The Developer shall be responsible for the provision of telecommunications toall proposed lots by liaison for installation of the required works and enteringinto an agreement with the Telecommunications Authority;Part 1(b). Assessment Managers AdvicesStormwater Drainage – Stage 1(A)If the stormwater pipe provided to drain proposed Lot 15 does not traverse theany other lot, the pipework connects directly to a stormwater pit within thevicinity of the front of the site and the pit can surcharge the Q100 – Q5 ARIflows, the aforesaid internal pipe will not require an easement;Stormwater Drainage – all stages(B)Bio-retention may be provided by Council’s hybrid bio-retention system, tosuit ground area of up to 2,400 m 2 in accordance with plan number 37133;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 29Roadworks(C)The intersection layout at new road, Gahans Road and Seymore Avenuewill involve road widening on the Western side of Gahans Road.Rates and Charges(D)In accordance with the Integrated Planning Act, all rates, charges or anyexpenses being a charge over the subject land under any Act shall be paidprior to the Plan of Survey being endorsed by Council.Operational Works(E)(F)(G)(H)Plans and specifications for Operational Work must be prepared andcertified by a Professional Engineer registered with the Board ofProfessional Engineers of Queensland;Prior to both commencement of use and sealing of a survey plan, plansand specifications for Operational Work must be approved by Council;Prior to both commencement of use and sealing of a survey plan,Operational Work must be certified by an Engineer registered with theBoard of Professional Engineers of Queensland;An Engineer registered with the Board of Professional Engineers ofQueensland must supervise construction of all Operational Work.Meeting held: 09 June 2011

Applicant's RepresentationsAttachment 1 Page 30Attachment 1 - Applicant's Representations

Attachment 1 Page 31Attachment 1 - Applicant's Representations














Attachment 3 Page 45Infrastructure Charges Stage 1Development Contributions Summary - Infrastructure Contributions Planning Scheme PolicyTOTAL: $14,332.21File: 321.2010.30549.1 Transport (Roads - Regional - DTMR)Applicant: Dream Seeds Pty Ltd ED 1 (EDU) = 2.0000Development type: ROL ED 2 (EDU) = 0.0000Portion: Stage 1 Total PU (EDU) = 2.0000Address: 48 Gahans Road, Kalkie CR = $1,256 BuCCDefined Use in PSP: Residential PC (EDU) = 1.0000Council & Zone: BuCC 6a Residential A I = 1.1011Date: 24/03/2011 Contribution = $1,382.98Water Supply Transport (Pedestrian Paths & Bikeways)ED 1 (EDU) = 2.0000 1 EDU/Lot [all] ED 1 (EDU) = 2.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 2.0000 Total ED = 2.0000CR = $3,029 BuCC CR = $637 BuCCPC (EDU) = 1.0000 1 EDU - 'As of Right' [all] PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $3,335.23 Contribution = $701.40Sewerage Drainage & StormwaterED 1 (EDU) = 2.0000 ED 1 (EDU) = 2.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 2.0000 Total ED = 2.0000CR = $3,125 East/North CR = $1,500 Burnett (DSW1) & BuCCPC (EDU) = 1.0000 PC (EDU) = 1.0000 .I = 1.1011 I = 1.0000Contribution = $3,440.94 Contribution = $1,500.00Transport (Roads - Sectoral - BRC) Public Parks & Community LandED 1 (EDU) = 2.0000 ED 1 (EDU) = 2.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 2.0000 Total ED = 2.0000CR = $1,231 BuCC CR = $2,376 EastPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $1,355.45 Contribution = $2,616.21Attachment 3 - Infrastructure Charges Stage 1

Attachment 4 Page 46Infrastructure Charges Stage 2Development Contributions Summary - Infrastructure Contributions Planning Scheme PolicyTOTAL: $186,318.85File: 321.2010.30549.1 Transport (Roads - Regional - DTMR)Applicant: Dream Seeds Pty Ltd ED 1 (EDU) = 14.0000Development type: ROL ED 2 (EDU) = 0.0000Portion: Stage 2 Total PU (EDU) = 14.0000Address: 48 Gahans Road, Kalkie CR = $1,256 BuCCDefined Use in PSP: Residential PC (EDU) = 1.0000Council & Zone: BuCC 6a Residential A I = 1.1011Date: 19/05/2011 Contribution = $17,978.76Water Supply Transport (Pedestrian Paths & Bikeways)ED 1 (EDU) = 14.0000 1 EDU/Lot [all] ED 1 (EDU) = 14.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 14.0000 Total ED = 14.0000CR = $3,029 BuCC CR = $637 BuCCPC (EDU) = 1.0000 1 EDU - 'As of Right' [all] PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $43,358.01 Contribution = $9,118.21Sewerage Drainage & StormwaterED 1 (EDU) = 14.0000 ED 1 (EDU) = 14.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 14.0000 Total ED = 14.0000CR = $3,125 East/North CR = $1,500 Burnett (DSW1) & BuCCPC (EDU) = 1.0000 PC (EDU) = 1.0000 .I = 1.1011 I = 1.0000Contribution = $44,732.19 Contribution = $19,500.00Transport (Roads - Sectoral - BRC) Public Parks & Community LandED 1 (EDU) = 14.0000 ED 1 (EDU) = 14.0000ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 14.0000 Total ED = 14.0000CR = $1,231 BuCC CR = $2,376 EastPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $17,620.90 Contribution = $34,010.78Attachment 4 - Infrastructure Charges Stage 2

Proposal PlansAttachment 5 Page 47Attachment 5 - Proposal Plans

N3 743 Rosedale Road, Meadowvale - Request for a Negotiated Decision on Low Scale BusinessAgenda for Planning & Development Committee Meeting Page 48Item 09 June 2011Item Number:N3File Number:322.2010.30027.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:743 Rosedale Road, Meadowvale- Request for a Negotiated Decision on Low Scale BusinessReport Author:Alicia Otto, Planning OfficerAuthorised by:Wayne Phillips, Manager Planning (Coastal)Link to Corporate Plan:Nil -Previous Items:N3 - 743 Rosedale Road, Meadowvale - Material Change of Use - Farm GateSales - Planning & Development Committee Meeting - 3 March 2011Applicant:Insite Strategies Pty LtdOwner:AM PrichardLocation:743 Rosedale Road, MeadowvaleRPD:Lot 71 on CK905, County Cook, Parish TantithaArea:60.42 HectaresLand Designation:Rural Planning Area (Rural Zone)Planning Scheme:Planning Scheme for Burnett Shire 2006Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 49BackgroundBy notice dated 4 March 2011 Council approved a Low Scale Business (limited to 80square metres GFA - Produce Grown onsite and offsite) at 743 Rosedale RoadMeadowvale. By letter dated 14 March 2011 the Applicant suspended their appealperiod and by letter dated 3 May 2011 made representations regarding a number ofconditions contained within the Decision Notice.ConsiderationsIn accordance with section 185(7) of the Sustainable Planning Act 2009, inconsidering the Applicant’s representations the Assessment Manager mustreconsider the matters considered when the original decision was made; to theextent the matters are relevant.Planning Services assessment and recommendations on the matters raised in theApplicant’s representations about the original Decision Notice are detailed below:The applicant has made representations in regard to conditions 8-10 and 17. Therepresentations regarding each of these conditions are outlined below:Condition 8 –Original Condition 8: Convenience grocery items, bottled/canned produce and othernon perishable items must not be sold from the premises.Applicant’s Representations: This condition is restrictive and does not allow the saleof some convenience items. It is not our client’s intent to operate the low scalebusiness as a general store however, they would like to sell a small amount of theseitems as there is a demand for them by the surrounding residents. It should be notedthat the proposal was for low scale business and not a road-side stall, to also includethe sale of these items.Supplementary Representations made on 24 May 2011 suggested the followingcondition to replace the original condition 8, to remove any ‘open ended’ questionsregarding which items would be sold on the premises. The proposed condition readsas follows:With the exception of the specific items listed below, convenience items such asbottled/canned produce and other non-perishable items shall not be sold from thepremises –1. All fruits and vegetables2. Local nuts3. Milk4. Bread5. Eggs6. Canned or bottles non-alcoholic beverages (i.e. water, softdrink, juice)7. HoneyMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 50Officer’s Representations: Condition 8 was placed on the approval to prevent the lowscale business being used as a ‘shop’, as this is an inconsistent use in the RuralZone and would be better located in a Business zone.However, the applicant’ proposed amended condition, limiting the items to be sold onthe premises (with most of the additional items gained locally) would satisfy Council’sconcerns with regard to the ‘open ended’ nature of items that could have been soldin the business should the original condition 8 be deleted. The restricted conditionwill still allow the limited sale of items other than fresh produce to the general public,without being a convenience store scale business.Officer’s Recommendation: Amend Condition 8 to read as follows:With the exception of the specific items listed below, convenience items such asbottled/canned produce and other non-perishable items shall not be sold from thepremises –1. All fruits and vegetables;2. Local nuts;3. Milk;4. Bread;5. Eggs;6. Cannes or bottles non-alcoholic beverages (i.e. water, softdrink, juice) and7. Honey.Condition 9Original condition:The hours of operation of the low scale business are limited to:i. 7.30am to 5.30pm Monday to Fridayii. 7.30am to 4.30pm Saturday; andiii. The low scale business must not operate on Sundays or publicholidaysApplicant’s Representations: The request is to amend Condition 9 to allow the lowscale business to operate on Sundays and Public Holidays. The low scale businessis setback a minimum of 200m from any side or rear boundaries and it is opposite acane rail line. There are no sensitive receptors within close proximity to the low scalebusiness, so it will not adversely impact on any of the surrounding land uses. Themajority of customers would be generated by passing trade, so it’s unlikely togenerate high volumes of additional traffic to the area on Sundays or PublicHolidays. In addition, the use would have no greater impact than the surroundingrural activities that operate on Sundays and Public holidays.Officer’s Comments: It is considered that the above representations are fair andreasonable given the nature of the use and its locality. The nature and scale of thedevelopment is such that the proposed seven day trading will not have a significantimpact on current or future business activities elsewhere in the Rural Planning Area.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 51Officer’s Recommendation: Council officers therefore recommend that thefollowing condition be approved to replace the original condition:The hours of operation of the low scale business are to be 7.30am to 5.30pm daily.Condition 10Original Condition:The maximum number of staff for the low scale business use must not exceed three(3) persons.Applicant’s Representations: Delete condition 10. The total use area of the low scalebusiness is restricted to 80m 2 which will in turn restrict the number of employees thatcan physically operate within the low scale business. There are sufficient onsite carparking spaces to cater for all employees. It is not necessary to include a conditionthat limits the maximum number of staff and this would be restrictive to our client. Attimes, the use may require more than three (3) staff to unload vehicles and attend tocustomers. The additional employees would be taken from the onsite packing shedand used in the low scale business as required.Officer’s recommendation: It is considered appropriate in this instance, given theuse is an Impact Inconsistent use to restrict the number of employees directlyassociated with the low scale business. Council does not want to distract from themore traditional areas of employment in commercial centres. Additionally, thebusiness contains only 80sqm of gross floor area and therefore would not supportstaff numbers greater than three (3) sales persons. The condition can be amendedto exclude any staff involved in loading/unloading vehicles.It is recommended that condition 10 be amended to read:The maximum number of staff for the low scale business must not exceed three (3)persons at any one time, excluding staff required to load/unload vehicles.Condition 17Original condition: Signage is limited to a single 1.8m x 1.2m free standing sign, toadvertise the low scale business and direct vehicles to the designated access andparking area. The sign must be sighted to maintain site lines between the drivewayand Rosedale Road. The sign may include the business name and details of theoperational farm and low scale business.Applicant’s representations: It is requested that this condition be amended to allowfor two (2) additional signs located 100m to the east and west of the crossover to thelow scale business. The speed limit along Rosedale Road is 100km/h. Our clientwould like to place signs approximately 100m to the east and west of the crossoveradvising the low scale business is ahead. This would provide sufficient notification topassing traffic, so they can safely enter and exit the site.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 52The proposed landscaping along the road frontage will also screen the low scalebusiness from the road and reduce visibility to passing motorists. One sign near thecrossover would not provide sufficient notification to passing motorists. It should benoted that all signs will be located on Lot 71 on CK905 and would therefore not bethird party signs.Officer’s Comments: It is considered that due to the speed limit along RosedaleRoad, additional directional signage is suitable in this instance. The signs will beconditioned to be 1.8m x 1.2m and contain the name of the low scale business anddistance and turning directions. They are not to have flags attached or flashing lights.Officers RecommendationCondition 17 be amended to read as follows:17. a) Business signage shall be limited to a single 1.8m x 1.2m free standingsign, to advertise the low scale business and direct vehicles to thedesignated access and parking area. The sign must be sighted tomaintain site lines between the driveway and Rosedale Road. The signmay include the business name and details of the operational farm andlow scale business.b) Directional signage is limited to two (2) 1.8m x 1.2m free standing signs.One sign is to be located approximately 100m to the east and one sign isto be located approximately 100m to the west of the crossover to the lowscale business. The signs may include the business name and details ofthe operational farm and low scale business. They must not have flagsattached, flashing lights or any other items that can distract a driver.Attachments:1 Locality Plan2 Applicant's Representation3 Concurrence Response4 Original Decision NoticeRecommendation:(A) The Applicant be advised that Council has considered therepresentations contained in their letter received on 3 May 2011regarding Conditions 8-10 and 17 of Council’s Approval (CouncilReference Number 322.2010.30027.1) for Material Change of Use, overland situated at 743 Rosedale Road, Meadowvale; land described as Lot71 on CK905, County Cook, Parish Tantitha, 4 March 2011 and agreeswith the Applicant’s representations to the extent detailed below: -Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 53o Amend Condition 8 to read as follows:With the exception of the specific items listed below, convenience itemssuch as bottles/canned produce and other non-perishable items shall notbe sold from the premises –i. All fruits and vegetables;ii. Local nuts;iii. Milk;iv. Bread;v. Eggs;vi. Canned or bottles non-alcoholic beverages (i.e. water, softdrink,juice) andvii. Honey.o Amend Condition 9 to read as follows:The hours of operation of the low scale business are to be 7.30 am to5.30 pm daily.o Amend Condition 10 to read as follows:The maximum number of staff for the low scale business must not exceedthree (3) persons at any one time, excluding staff required to load/unloadvehicles..o Amend Condition 17 to read as follows:a) Business signage is limited to a single 1.8m x 1.2m free standingsign, to advertise the low scale business and direct vehicles to thedesignated access and parking area. The sign must be sighted tomaintain site lines between the driveway and Rosedale Road. Thesign may include the business name and details of the operationalfarm and low scale business.b) Directional signage is limited to two (2) 1.8m x 1.2m free standingsigns. One sign is to be located approximately 100m to the east andone sign is to be located approximately 100m to the west of thecrossover to the low scale business. The signs may include thebusiness name and details of the operational farm and low scalebusiness. They must not have flags attached, flashing lights or anyother items that can be considered to distract a driver.(B)Council issue a Negotiated Decision Notice to the Applicant as attached.Meeting held: 09 June 2011

Locality PlanAttachment 1 Page 54Attachment 1 - Locality Plan

Applicant's RepresentationAttachment 2 Page 55Attachment 2 - Applicant's Representation

Attachment 2 Page 56Attachment 2 - Applicant's Representation

Concurrence ResponseAttachment 3 Page 57Attachment 3 - Concurrence Response

Attachment 3 Page 58Attachment 3 - Concurrence Response















































N4 221 Bargara Road, Kalkie - Reconfiguration of a lot (12 Lots)Agenda for Planning & Development Committee Meeting Page 105Item 09 June 2011Item Number:N4File Number:321.2010.28865.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:221 Bargara Road, Kalkie - Reconfiguration of a lot (12 Lots)Report Author:Grant Barringer, Planning OfficerAuthorised by:Rob Thompson, Manager Planning (City & Hinterland)Link to Corporate Plan:Nil -Applicant:Mcdesign ArchitectsOwner:JC McDonnell & CM Allan & MC TomlinsLocation:221 Bargara Road, KalkieRPD:Lot 1 on RP179943, County Cook, Parish KalkieArea:1.263 haLand Designation:Non-urban (Local Area 6)Planning Scheme:Planning Scheme for Bundaberg CityProposalThe proposed development seeks a development permit for a 12 lot residentialsubdivision located at 221 Bargara Road (the subject site).Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 106The proposed lot reconfiguration will gain vehicular access via Ernie Twyford Streetto the west. The proposed 12 residential lots will gain access to a 15 metres wideroad reserve and 5.5 metres wide road (access place type).The lots range from 609 m 2 to 1037m 2 . Two bulb cul-de-sacs’ are located at eitherend of the proposed access place. These cul-de-sacs’s have a turning radius of 10metres. All lots are accessed from the internal road network and not from BargaraRoad.Subject Site & Surrounding Land UsesThe subject site is located along Bargara Road, Kalkie. It is located within the Non-Urban precinct under the Bundaberg City Plan. The site falls from Bargara Roadwith a contour level of approximately 20 metre to the northern boundary at 13.5metres. The site is generally cleared with selected trees located at the southern endof the allotment.The surrounding uses include residential zoned land to the west. Land to the east ofthe site is non-urban zoned allotments with single residential dwellings located onthem. To the south, across the road are residential dwellings and to the north isvacant non-urban land clear of housing or crops.ConsiderationsPlanning SchemeThe subject site is included within Local Area 6- Eastern Bundaberg, designatedunder the Non-Urban zoning in the Bundaberg City Plan (version 2.0).The proposed development is defined as Lot Reconfiguration and represents Impactassessable development in the Non- Urban precinct. An assessment against thestrategies and applicable codes, namely the Lot Reconfiguration Code, Fill andExcavation Code and Infrastructure Services Code will be considered.Residential StrategyThis strategy seeks to achieve a high standard of serviced, convenient housing freefrom flood prone areas and close to local facilities. The key strategies outline thebroad ways in which development may achieve this.The proposed development, although located within the non-urban zone provides forthese noted outcomes. The lot reconfiguration will not have an impact on theviability of agricultural land as surrounding land is predominately residential incharacter. Furthermore it is seen as a natural progression of urban development inthe locale.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 107The subject site is close to local facilities and is flood free. Lot sizes comply withresidential “A” allotments under the planning scheme and meet the density provisionfor site population density.Lot Reconfiguration CodeThe purpose of the Lot Reconfiguration Code is:“To facilitate the creation of a variety of serviced flood-free allotments that meet the diverse needs ofthe community while ensuring that adverse off-site impacts are limited, that the sub-divisional designis capable of integration with likely future development and that adequate open space is provided.”Although the development seek residential style allotment on non- urban zoned land,it is considered that the proposed subdivision shall be in accordance with theprovisions of the Lot Reconfiguration Code as it relates to residential allotments. Theproposed lot sizes comply with the minimum requirements (600 m 2 ) as set out intable 4.7 of the Code. Plans submitted with the application demonstrate a suitablebuilding envelope, with adequate open space areas for each proposed lot.EngineeringWaterA ductile iron water main traverses the western boundary of the site. It will benecessary to ensure that the main is sufficiently below the extension of ErnieTwyford Street. In addition, the water main to be provided for the site will need to belooped and finished with a fire hydrant.SewerageExisting sewer mains are located on the Northern boundary of the site and at the endof Ernie Twyford Street. The site can be adequately serviced by extending themains surrounding the site. However, as there is a water main and associatedeasement on the western boundary it will be necessary to ensure that the sewerageinfrastructure is adequately separated from the existing water main and containedwithin easements that provide at least 1.0 metre clear of the easement boundary.The Engineering Design Planning Scheme policy states that sewers and watermains should have a minimum separation of 1.5 metres unless the sewer main isseparated by at least 500 mm clearance. Accordingly, it is reasonable to set aminimum clearance of 1.0 metre from the existing water main with any furtherreduction at the discretion of the Manager Sustainable Development.Roadworks & Car ParkingThe project involves the extension of Ernie Twyford Street. For the purpose of thisdevelopment the Street should be extended to the eastern boundary of the site andmay be conditioned appropriately.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 108StormwaterThe stormwater infrastructure required for this development can be considered asconsisting of internal and external systems. The internal system can be provided forin a conventional manner. However, the external drainage is rather morecomplicated as the property falls to the back and establishing a Lawful Point ofDischarge requires the consent of two owners: namely, Mr K A Dennein being theowner of Lot 2 on RP 110 769 (27 Zielke Street) and Santalucia Investment Pty Ltdbeing the Trustees of Lot 1 on RP 44545 and Lot 4 on RP 225645 (Zielke Avenue).Mr Dennein indicated that he understood that the drainage would be located in theexisting easement with the aforesaid to be increased in width and augmented asrequired to accommodate the stormwater infrastructure. Given this statement it willbe necessary to condition that the underground drainage be designed to cater for theQ100 ARI condition. Santalucia Investment Pty Ltd has indicated that it is preparedto issue a downstream drainage agreement subject to satisfactory design.Accordingly, it can be conditioned that the stormwater be contained in an open draindesigned to Council’s standard conditions through Lot 1 on RP 44545 to discharge inthe dam on Lot 4 on RP 225645.Referral AgenciesThe Department of Transport and Main Roads as a concurrence agency respondedto the development application with conditions via letter dated 19 January 2011.Infrastructure ChargesInfrastructure charges contributions are required as per the attached calculationsheet.Attachments:1 Locality Plan2 Proposal Plan13 DTMR Response4 ICSRecommendation:That application (Council Reference Number 321.2010.28865.1) forReconfiguring a Lot for 12 Lot Subdivision at 221 Bargara Road, Kalkie; landdescribed as Lot 1 on RP179943, County Cook, Parish Kalkie be approved withconditions and Council issue the attached Decision Notice, includingattachments.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 109Part 1(a). Conditions Imposed by the Assessment ManagerGeneral1. All works are to be undertaken at the Developer’s expense;2. The Developer must comply with all of the conditions of this DevelopmentPermit prior to the submission of a Plan of Survey unless otherwise statedwithin this notice;3. The Developer is to lodge a Plan of Survey for Councils endorsement;Infrastructure Contributions4. Payment of Infrastructure contributions for Sewerage, Water Supply,Stormwater, Transport (local and state controlled roads), Pedestrian andCycle Ways, and Parks, Recreation and Community Land, in accordance withCouncil’s adopted Planning Scheme Policy, is required.WaterContributions required, if paid by 30 June, 2011, are:-Type ofContributionEquivalentDemandRecognisedPreviousContributionAmountSewerage 12.00 1.00 $ 37,850.31Water Supply 12.00 1.00 $ 36,687.55Stormwater 12.00 1.00 $ 16,500.00Transport - Local 12.00 1.00 $ 14,910.00Transport - State 12.00 1.00 $ 15,212.80Pedestrian &Cycle WaysParks, Rec. &Community Land12.00 1.00 $ 7,715.4112.00 1.00 $ 28,778.35Total $ 157,654.42All contributions are payable prior to the endorsement of the survey planunless stated otherwise within this notice. The actual contribution payable willbe adjusted if necessary to allow for variations determined in accordance withthe applicable Planning Scheme policy current at the time of payment;5. The Developer is to provide for the reticulation of water supply to each andevery lot into which the land is proposed to be reconfigured by supplying allnecessary materials and works, including structures and equipment, andperforming all necessary works at the expense of the Developer. Works areto include network modelling with main sizing to be finalised at theDevelopment’s Operational Works Application;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 1106. Looped water reticulation will be required throughout the development;7. Provision of a partial property (water) service to each proposed Lot inaccordance with Council’s Standard Drawing No. 17918;8. A fire hydrant and sluice valve is to be provided at the termination ofreticulation at the eastern boundary of Ernie Twyford Street;9. The Developer must lower the existing water main to the satisfaction of theManager Sustainable Development if the main is within 600 mm of theunderside of the pavement;Sewerage10. The Developer is to provide for the reticulation of sewerage to each and everyLot into which the land is proposed to be reconfigured, by supplying allnecessary materials and works, including structures and equipment, andperforming all necessary works at the expense of the Developer. Allreticulation is to be provided with gravity sewer and the lots filled accordinglyto provide for this.11. No below minimum grade will be accepted by Council;12. No pump stations will be accepted by Council;13. Dedication of 2.5 metre wide Sewerage Easements, at no cost to Council, tocontain the Sewer Reticulation where it traverses the Lots created fromproperty boundary to property boundary. The Easements are to be located toprovide a minimum distance of One (1) metre between the EasementBoundary and the Sewer Reticulation. The Easement Documentation is to beacceptable to Council, and be prepared at the full cost of the Developer;14. Where the Sewer Reticulation is combined with stormwater infrastructurededication of 3.0 metre wide Combined Easements or such greater width asis necessary to ensure that the Sewer Reticulation and stormwater reticulationare at least One (1) metre clear of other infrastructure (outside face of pipe)and there is a minimum distance of One (1) metre between the EasementBoundary and the Sewer Reticulation and stormwater infrastructure. TheEasement Documentation is to be acceptable to Council, and be prepared atthe full cost of the Developer;15. Where the Sewer Reticulation is combined with the water main contained inEasement B on RP 840087 the easement and associated document is to beconverted to accommodate the combined infrastructure and be augmented, ifnecessary, to ensure that the Sewer Reticulation is at least One (1) metreclear of the centreline of the water main and there is a minimum distance ofOne (1) metre between the Easement Boundary and the Sewer Reticulation.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 11116. Prior to the commencement of the defects liability period all Sewerageinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;17. All sewerage infrastructure, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the defects liability period. All costs associated with theinspections shall be borne by the Developer;Stormwater DrainageInternal – associated with Lots18. Stormwater drainage is to be designed and constructed in accordance withthe requirements of the Queensland Urban Drainage Manual and BundabergRegional Council, i.e., a piped system with a capacity to cater for Q 5ARI flows,with overland flowpaths to be provided for a capacity of Q 100ARI less pipedflow. However, stormwater flows through proposed Lot 11 must be providedwith stormwater drainage with a capacity of Q 100ARI piped flow;19. The surface of each Lot must be shaped to drain directly to either a Road orDrainage Reserve, with the exception of proposed Lots 10 - 12, as no interallotmentdrainage will be permitted, unless it can be demonstrated that Lotfilling, shaping, retaining walls or other methods are not physically able to beconstructed. Should inter-allotment drainage be accepted for use by Council,inter-allotment drainage (Level 3) will be constructed and designed inaccordance with the requirements of the Queensland Urban DrainageManual. This drainage issue is to be determined at the Operational WorksStage;20. For each Lot draining to the street frontage, the developer must provide Two(2) points of connection in the concrete kerb and channel for roofwaterdischarge. This point of connection shall comprise a heavy duty galvanisedsteel kerb adapter located a minimum of One (1) metre from any propertyboundary;21. The site drainage system must be designed such that no restriction to theexisting stormwater flows from upstream properties or ponding of stormwaterupon upstream properties occurs as a result of the development up to andincluding the Q 100 ARI flows;22. Dedication of a minimum 3.0 metre wide stormwater easement or of suchwidth required to contain Q 100 ARI flows, at no cost to Council, where pipestraverse proposed Lot 11 from property boundary to property boundary. Theeasement documentation shall be acceptable to Council and be prepared atthe full cost of the Developer;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 11223. Where the interallotment drainage is not combined with the SewerReticulation, dedication of 3.0 metre wide Stormwater Easements, at no costto Council, to contain the stormwater infrastructure where it traverses the Lotscreated from property boundary to property boundary. The EasementDocumentation is to be acceptable to Council, and be prepared at the full costof the Developer;External – Downstream Properties24. Prior to the submission of the Operational Work application, the Developermust establish a Lawful Point of Discharge for the development;25. The Lawful Point of Discharge, suggested by the Developer and as outlined inthe Concept for Stormwater plan (April 2011), is approved as follows:Legal Framework(i)(ii)Prior to the submission of the Operational Work application, register aneasement of sufficient width to contain the water main and stormwaterinfrastructure through Lot 2 on RP 110 796 and provide a 3.0 metrestormwater easement over the balance area where the stormwatertraverses the aforesaid lot. The width must allow for at least One (1)metre clearance of the water main and stormwater infrastructure(outside face of pipe) and there is to be a minimum distance of One (1)metre between the Easement Boundary and the stormwaterinfrastructure (outside face of pipe). The Easement Documentation isto be acceptable to Council, and be prepared at the full cost of theDeveloper;Prior to the submission of the Operational Work application, execute adownstream drainage agreement between Santalucia Investment PtyLtd (as trustee of Lot 1 on RP 44545 and Lot 4 on RP 225645), theDeveloper and Council with conditions acceptable to Council to coverthe drainage outflow from infrastructure contained in Lot 2 on RP 110796 and the flow from the development;Infrastructure Design(iii)(iv)Stormwater drainage through Lot 2 on RP 110 796 is to be designedand constructed to provide for a capacity of Q 100 ARI piped flow;Where an overland component of the Q 100 ARI flows, is to be conveyedto the downstream Dam through Lot 1 on RP 44545 and Lot 4 on RP225645 in a constructed open drain, such open drain must – Have capacity for Q 100 ARI flows, or such lesser flow as agreedby the Manager Sustainable Development, from the upstreamcatchment and this development with adequate freeboard; Maximum batter slops 1V : 6H; Maintainable invert;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 113CCTV - Inspection26. Prior to the commencement of the defects liability period all Stormwaterinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;27. All Stormwater infrastructure, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the defects liability period. All costs associated with theinspections shall be borne by the Developer;WSUD – Environmental28. The drainage system for the development is to incorporate StormwaterQuality Improvement which could include Devices (SQID) and measures toremove pollutants, including sediment, nutrients, metals and trash inaccordance with the State Planning Policy for Healthy Waterways (2009) andthe Bundaberg Regional Council Stormwater Management Strategies. At theOperational Works Stage, the developer must submit and obtain an approvalof a Site Based Stormwater Management Plan and Erosion and SedimentControl Management Plan outlining how the Stormwater QualityImprovements in both the construction and operational phases will beachieved;29. Bioretention measures will have a maintenance period of 24 months;30. Bioretention extended detention depth must not be greater than 300 mm,unless approved by Manager Sustainable Development;Roadworks31. Where bio-retention areas are located within the road reserve, the minimumdedicated road widths, as outlined in condition 32 , must be increased tomaintain the verge or concrete footpath profile;32. The new roads will have the following requirements:(i)(ii)The Access Street roadway must be of a minimum dedication width offifteen (15) metres and must be paved to a width of five and one half(5.5) metres measured from lip of kerb line to lip of kerb line;The Ernie Twyford Street roadway and reserve must be a minimumdedication width of twenty (20) metres and must be paved to a width tomatch the existing roadway and must extend to the eastern boundaryof the site;33. All roadways are to be sealed with asphaltic concrete;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 11434. Concrete kerb and channelling is to be provided on each side of all roadwaysto the standard adopted by Council from time to time in its Statement ofPolicy;35. The proposed roads are to be designed both in layout and structural strengthto cope with the frequencies and weights of traffic likely to use it, asdetermined by Council. The design shall be carried out by a CharteredProfessional Engineer in accordance with the methods detailed Austroads P-T36/06 – Pavement Design for Light Traffic: A Supplement to AustroadsPavement Design Guidelines;36. Cul-de-sac bulbs must provide for a minimum twenty (20) metre turning circlemeasured from the nominal kerb line and will not have gardens orlandscaping within the pavement area;37. Truncations to access streets will have a minimum of six (6.0) metre three (3)chord configuration. The truncation areas must be included in road reserveand dedicated free of cost to Council;38. Supply and erection of necessary street signs and posts. The Developer is toliaise with the Bundaberg Regional Council for determination of the names fornew development roadways;Pathways39. The Developer must provide a 1.5 metre wide (minimum) concrete ribbonpathway and pram ramps at road crossings along one of the frontages ofErnie Twyford Street in accordance with Council’s drawing 13977;Filling of Land40. Any placement of fill material within the subject land shall comply with thePlanning Scheme for Bundaberg City’s “Filling and Excavation Code”. Suchfilling shall cater for overland stormwater flowpaths from adjacent allotments.All fill material to be placed on the subject allotments shall be testedstructurally certified in accordance with the Code. Such certification is to beprovided prior to the sealing of the Development final Plan of Survey;Electricity and Telecommunications41. The Developer shall provide for the supply of underground electricity to eachLot of the proposed Lot Reconfiguration. Arrangements for electricity supplyand overhead street lighting to the development shall be made by liaison forinstallation of the required works and entering into an agreement with thelocal Energy Provider;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 11542. Padmount transformer locations, where possible, are to be located within theroad reserve fronting proposed or existing parkland or drainage reserves;43. Electrical crossings are generally to be to the opposite lot boundary to waterservice crossings;44. Street lighting to new roads, multi-modal pathways and intersections shall beby way of provision of underground conduits and cables, poles and streetlights. The design and provision of street lighting shall be in accordance withAustralian Standard 1158:2005. The applicable lighting category is P4 for allroadways;45. The Developer shall be responsible for the provision of telecommunications toall proposed lots by liaison for installation of the required works and enteringinto an agreement with the Telecommunications Authority;Part 1(b). Assessment Manager’s AdvicesRates and ChargesIn accordance with the Integrated Planning Act, all rates, charges or any expensesbeing a charge over the subject land under any Act shall be paid prior to the Plan ofSurvey being endorsed by Council;Part 2. Concurrence Agency’s ConditionsThe Department of Transport and Main Roads, by letter dated 19 January 2011(copy letter attached for information).Meeting held: 09 June 2011


Proposal Plan1Attachment 2 Page 117Attachment 2 - Proposal Plan1

DTMR ResponseAttachment 3 Page 118Attachment 3 - DTMR Response

Attachment 3 Page 119Attachment 3 - DTMR Response



Attachment 4 Page 122ICSDevelopment Contributions Summary - Infrastructure Contributions Planning Scheme PolicyTOTAL: $116,634.17File: 322.2008.22934.1 Transport (Roads - Regional - DTMR)Applicant: B R Edwards ED 1 (EDU) = 7.2000Development type: MCU ED 2 (EDU) = 0.0000Portion: All Total PU (EDU) = 7.2000Address: 33A Letnic Street, Millbank CR = $1,256 BuCCDefined Use in PSP: Non Urban & Residential PC (EDU) = 1.0000Council & Zone: BuCC Non Urban I = 1.1011Date: 26/05/2011 Contribution = $8,574.49Water Supply Transport (Pedestrian Paths & Bikeways)ED 1 (EDU) = 8.4000 Multi - 0.7/unit (12 units) ED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 8.4000 Total ED = 7.2000CR = $3,029 BuCC CR = $637 BuCCPC (EDU) = 1.0000 1 EDU - 'As of Right' [all] PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $24,680.72 Contribution = $4,348.68Sewerage Drainage & StormwaterED 1 (EDU) = 8.4000 ED 1 (EDU) = 9.3503 Res Multi - 0.7 per 400sqm Site(5343m2)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 8.4000 Total ED = 9.3503CR = $4,261 Avoca/Millbank CR = $1,500 Burnett (DSW1) & BuCCPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.0000Contribution = $34,719.22 Contribution = $12,525.38Transport (Roads - Sectoral - BRC) Public Parks & Community LandED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units) ED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 7.2000 Total ED = 7.2000CR = $1,231 BuCC CR = $3,425 AvocaPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $8,403.82 Contribution = $23,381.86Attachment 4 - ICS

N5 22 Blain Street, Bargara - Request to Change a Development Approval for Material Change of Use for Public Place of WorshipAgenda for Planning & Development Committee Meeting Page 123Item 09 June 2011Item Number:N5File Number:322.2004.50308.4Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:22 Blain Street, Bargara - Request to Change a Development Approval for MaterialChange of Use for Public Place of WorshipReport Author:Merinda Grayson, Planning OfficerAuthorised by:Wayne Phillips, Manager Planning (Coastal)Link to Corporate Plan:Nil -Applicant:Uniting Church in Australia - BargaraOwner:The Uniting Church in Australia Property TrustLocation:22 Blain Street, BargaraRPD:Lot 113 on SP182166, County Cook, Parish BarolinArea:1haLand Designation:Urban Residential (Coastal Towns Planning Area)Planning Scheme:Planning Scheme for Burnett Shire 2006Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 124Background:The former Burnett Shire Council, at its meeting held on 12 July 2004 approved adevelopment application for Material Change of Use for a Place of Public Worship onthe subject site, 22 Blain Street, Bargara. A Negotiated Decision Notice was issuedby the former Burnett Shire Council on 23 August 2004 (and amended on 21September 2004). The Bundaberg Regional Council at a meeting on 21 November2008 approved a request to change an existing approval and extend the relevantperiod.ProposalA Request to Change the Existing Approval has been made under letter received byCouncil on 17 May 2011. The request proposes to change the existing approval tothe extent detailed below:• Change the Existing Approval.o Amendment of Condition 1 (Plan of Development) – to include the locationof the shed.ConsiderationsSections 374, 375 and 376 of the Sustainable Planning Act 2009 provide thelegislative framework for considering a request to change a development approval.The Assessment and Decision of this application is in accordance with theseprovisions.Request to Change Development ApprovalThe Applicant has requested to amend Condition 1 to allow the inclusion of a shed(which is constructed) for the purposes of storing mowers and gardening equipmentas well as storing church furniture needed for special occasions, which is inassociation with the Place of Worship use on the site. The shed also allows forstorage of community playground equipment for groups that meets in the churchhall.Condition 1 (Plan of Development)The site shall be developed in accordance with drawings prepared by DavidHackwood Architect Pty Ltd and referenced as SK.01 Issue B, SK.02 Issue A, SK.03Issue A and SK04 Issue An all dated February 2008 as amended by theseconditions.CommentsIt is Council’s Planning Services consideration that the proposed change to theapplication is acceptable and rectifies an outstanding enforcement action.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 125This condition shall be amended as follows:The site shall be developed in accordance with drawings prepared by DavidHackwood Architect Pty Ltd and reference as SK.01 Issue C dated 17 May2011, SK.02 Issue A, SK.03 Issue A and SK04 Issue An all dated February2008 and BSB-001 dated 11 February 2010.A new condition, Condition 48 shall be included relating to the use of the shed. Newcondition 48 shall read as follows:The Shed is only to be used for the purposes of storage of equipmentassociated with the Place of Worship use on the site. The shed must not beused for any other purpose.ConclusionsIt is Council’s Planning Services consideration that the proposed change to theapplication is acceptable and rectifies an outstanding enforcement action.Attachments:1 Locality Plan2 Site Plan3 Original Notice to Change4 Proposed PlansRecommendation:(A) The Applicant be advised that Council has considered the representationscontained in their application received on 17 May 2011 regarding aChange to an Existing Approval for Material Chang of Use for Place ofPublic Worship, over land situated at 22 Blain Street, Bargara; landdescribed as Lot 113 on SP182166, County of Cook, Parish of Barolin, andagrees with the request to the extent detailed below: -AND(B) Council issue a Notice to the Applicant.Request to Change a Development ApprovalCouncil has considered the request to Change a Development Approval and agreesto changes. The details relating to the change of approval area set out below:Amend Section 3 – Approved PlansMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 126Plan/Document Plan/Document Name Prepared By DateNumberSK.01 – Issue C Site Plan David17 May 2011HackwoodArchitectSK.02 – Issue A Floor Plan DavidFeb. 2008HackwoodArchitectSK.03 – Issue A Elevations DavidFeb. 2008HackwoodArchitectSK.04 – Issue A Section DavidFeb. 2008HackwoodArchitectBSB-001 Shed Details Steeline 11 February2010 Amend Condition 1The site shall be developed in accordance with drawings prepared by DavidHackwood Architect Pty Ltd and reference as SK.01 Issue C dated 17 May2011, SK.02 Issue A, SK.03 Issue A and SK04 Issue An all dated February2008 and BSB-001 dated 11 February 2010. New Condition 48The Shed is only to be used for the purposes of storage of equipmentassociated with the Place of Worship use on the site. The shed must not beused for any other purpose.Meeting held: 09 June 2011


Site PlanAttachment 2 Page 128Attachment 2 - Site Plan

Original Notice to ChangeAttachment 3 Page 129Attachment 3 - Original Notice to Change

Attachment 3 Page 130Attachment 3 - Original Notice to Change
















Proposed PlansAttachment 4 Page 146Attachment 4 - Proposed Plans

Attachment 4 Page 147Attachment 4 - Proposed Plans




N6 81 & 83 Water Street, Walkervale - Material Change of Use ( 28 units) Aged CareAgenda for Planning & Development Committee Meeting Page 151Item 09 June 2011Item Number:N6File Number:322.2011.31344.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:81 & 83 Water Street, Walkervale - Material Change of Use ( 28 units) Aged CareReport Author:Grant Barringer, Planning OfficerAuthorised by:Rob Thompson, Manager Planning (City & Hinterland)Link to Corporate Plan:Nil -Applicant:JF KennedyOwner:SJ Martell & LO MartellLocation:81 & 83 Water Street, WalkervaleRPD:Lots 0-4 on SP112277, Lot 152 on RP59321, County Cook, Parish BundabergArea:1618 m 2Land Designation:Residential "A"Planning Scheme:Planning Scheme for Bundaberg CityMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 152Proposal:The applicant seeks a Material Change of Use for an additional 19 Residential MultiUnits, Caretakers Residence and office to facilitate the provision of additional agedpersons’ accommodation at “Walkervale Lodge”. The proposed expansion wouldfacilitate additional short term accommodation with ensuite and bathrooms to eachroom. The proposed additional 19 units would be two storeys in height and add tothe existing nine (9) units located on the southern lot of the subject site.The extension would have an overall increase to 28 units, caretakers’ residence,kitchen, office and dining room.No nursing care is provided as part of the existing activity nor proposed as part of theproposed increase.Access to the proposed development is via vehicle and pedestrian crossover toWater Street.Subject Site & Surrounding Land UsesThe subject Site is located approximately 2.5 km south of Bundaberg CBD. Thesubject site locates over two lots. 81 Water Street is a single unit dwelling. 83 WaterStreet is currently used as “Walkervale Lodge”, which provides for 9 ensuite rooms,a kitchen, laundry and communal dining hall.Surrounding the site is predominately low density residential uses. Further to thesouth of the site is Walkervale School. The subject site is generally flat and slopesslightly to the North-west.ConsiderationsStrategiesThe City Planning Strategy advances ecological sustainability by providing keystrategies and supporting measures to assist in facilitating achievement of theDEO’s.1.1 Residential StrategyThe proposed development seeks permission to construct an additional 19 bedroomplus caretaker unit complex with a residential A precinct. The residential “A” precinctis characterised by low density residential uses, namely single dwelling units locatedon allotments generally ranging from 500m 2 to 1012m 2 .The Residential Strategy indentifies several measures to achieve expectations of thepublic and future amenity of residential areas. It also recognizes preferredsettlement patterns and development characteristics to minimise these impacts. Thefollowing Key Strategies specifically relate to the proposed development and theforeseen impact it has on the locale:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 1531.1 “The public expectations for the future amenity of residential areas is securedby preventing the intrusion of development that could seriously detract fromthat amenity”; and1.3 “A diverse range of high quality housing forms and densities and provided inappropriate locations in the city to reflect community needs (eg singledetached houses and dual occupancies are preferred in the Residential “A”Precinct; multiple dwellings, apartments and townhouses are preferred in theResidential “B” and “C” Precinct.”Point 1 (c) of the Preferred Settlement Pattern and Development Characteristicsfurther explains that:Proposed building, structures and/or other visible aspects of the developmentmust reflect the scale and character of existing or future nearby residentialareas.Point 2 also goes further to explain that density rates for uses within the Local area6, Residential “A” Precinct are acceptable for low density development and thathigher density development (multi-residential uses) are preferred in the Residential“B” and “C” Precinct.Planning SchemeThe proposal may be defined as Residential Multi Units and constitutes Impactassessable development in the “Residential A” precinct. Accordingly, the applicationwill be assessed against the Medium Density Residential Code, InfrastructureServices Code and Vehicle Parking and Access Code.Medium Density Residential CodeThe purpose of this code is to ensure that medium density residences are providedin appropriate locations, that building form, siting, design and use provides anacceptable on-site residential environment that an acceptable level of infrastructureprovision is achieved and that adverse off-site impacts are within limits acceptable tothe local community.POPULATION DENSITY: The “Residential A” precinct permits a population densityof 50 persons per hectares, giving the site (area 1,618 square metres) a populationdensity of 8.09 persons. The proposal comprises 28 x 1 bedroom units plus a caretakers residences which equates to 44.7 persons, and therefore greater than theprescribed density rate of 8.09 persons permitted.SITE AREA: The site has an area of 1,618 square metres and a frontage of 40metres, and therefore does not comply with Table 4.1 of the Medium DensityResidential Code which requires Multi-residential uses on Residential “A’ precinctallotments to be a minimum of 4,000m 2SITE COVERAGE: The Gross Floor area of the proposed building is 525.24 squaremetres, which equates to a site coverage of 32.4%.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 154P5 – SITING & DESIGN: The Acceptable Solutions to this performance criterionrequires that the side and rear boundary clearances to be 3.0 metres, but does allowwalls to be built within 1.5 metres of side and rear boundaries if they:contain no openings, or have windows filled with translucent or opaquematerials and with sills a minimum of 1.5 metres above the floor levelSetbacks for the proposed extension are 3.6 metres and 2.6 metres to the Westernand northern boundaries respectively. The ground floor has openings from the unitsto private courtyards, which do not meet minimum private open space sizerequirements.Vehicle Parking and Access CodeCAR PARKING: Plans lodged with the application indicate that a total of six (6)onsite car parks will be provided for the entire development. Based on car parkingrates for accommodation units within the planning schemes code, car parking ratesshould equate to 1 space per unit plus an additional 1 space for every two units forvisitor car parking. At these rates 44 spaces would be required under table 4.8 ofthe Vehicle Parking and Access Code.Although the development does not warrant the need for 44 car parking spaces, thetype of use and the number of units does require more than the six (6) spaces.It is noted that council does not have the authority to restrict/ prohibit prospectiveresidents of the proposed development to own/ house a vehicle at the promise.To calculate an appropriate amount of spaces for the proposal it is necessary tounderstand the type and frequency of likely traffic to use the site. These users wouldinclude (but are not limited to):Residents;Delivery vehicles (Small and medium ridged vehicles);Employees/ volunteers;Visitors of residents;Health care professionals.Based on the above list and several site inspections conducted by planning anddevelopment staff, it is suggested that a minimum of one (1) car park per three (3)units and an emergency/ service vehicle space would be required to cater forvehicular demands. This rate would equate to ten (10) car parks plus two (2)emergency and a service vehicle bays (totalling 12).It is considered that the proposed development does not meet the code’s solution,criteria or purpose for safe and efficient vehicle parking.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 155EngineeringWaterThe proposed development is able to be serviced appropriately. The proposedcombined site will need to be amalgamated. Conditions regarding disconnection ofthe house line may be included in any decision notice.SewerageThe existing sewerage service to the house lot is able to be conditioned to bedisconnected and the new building hooked into the existing sanitary drainage in anydecision notice. The existing main will not be affected by the proposed work. Theexisting laundry is over the sewer main so there is nothing that can be done to thefoundations to protect the sewerage main. The only requirement will be for a 2.5measement to be placed over the existing sewerage main.Roadworks & Car ParkingThe Vehicle Parking and Access Code (VPAC) performance criteria P4 refers to thenecessity for the design, construction and operation of vehicle parking and accessareas to be in accordance with AS 2890. The layout of the parking area complieswith the aforementioned specification for manoeuvring however does not complywith the requirements of table 4.8 of the VPAC.StormwaterThe site falls from the southeast front corner to the northwest rear corner. FromeView contours, the site falls about 1.1m from about RL21.3 to 20.2. The northelevation view doesn’t recognise the front to rear fall. The west elevation doesn’trecognise the south to north fall.The drawings lead to an assumption that all of the site will fall to the street. If this isthe case, there will be a substantial vertical separation at the north rear cornerboundary that should be considered from an aesthetic view.If there is an intention to drain some of the site water through the existing undefinedoverland flow path through to Cullen & McCracken Streets, then an easement will beneeded to define the interallotment drainage path. The only available route betweenexisting structures appears to be through lot 158 on RP59321 (10 Cullen Street, cnrMcCracken Street).Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 156SubmissionsGrounds of SubmissionsAs part of the application public notification was undertaken in accordance withChapter 6, Part 4, Division 1 of the Sustainable Planning Act 2009. Five (5) properlymade submissions and a petition with 45 names, addresses and signatures weresubmitted to council.The petition addressed two issues about the application. These items includedresidence of the existing Walkervale Lodge walking around the neighbourhood,traffic congestion concerns adjacent to the subject site and extended trafficconcerns/ conflicts with the Walkervale Primary School.Additionally five (5) separate submissions were properly made and receive bycouncil about the application. These submissions raised issues including:Stormwater flow issues;Overshadowing and overlooking of adjoining dwellings;Traffic congestion;Operating/ visitor hours;Car parking shortfall.This report has reviewed the proposed development with regard to the above issuesand how they relate to the context of the planning scheme requirements.Conclusions1. The proposed development does not achieve the Desired EnvironmentalOutcomes (DEO’s) of the Planning Scheme for Bundaberg City, particularlyDEO 4- Built Environment and DEO 5- Residential Communities;2. The proposed development is inconsistent with the Residential Strategy,particularly with respect to key strategy 1.1 and 1.3. The subject site isidentified as Residential “A” land and is not suitable for high densitydevelopment over the life of the planning scheme. The proposal isinconsistent with preferred settlement pattern and development characteristic1 and 2, which stipulates that amenity and density impacts are not toincrease/ cause undue issues on the locale;3. The proposed development is inconsistent with the Planning Intent of LocalArea 6- East Bundaberg. The land is included in the Residential “A” precinctLocal Area 6. The planning intent for the Residential “A” precinct is that landidentified within the precinct is maintained and protected from the intrusion ofhigher density developments;4. The proposed development fails to comply with the Planning Scheme forBundaberg City’s Medium Density Residential Code (version 2.0) in that:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 157o The proposed development is over the density provision;o Does not meet the open space provisions; ando Does not comply with the setback provisions.5. The proposed development fails to comply with the Planning Scheme forBundaberg City’s Vehicle Parking and Access Code (version 2.0) in that onlysix (6) car parks are provided. Planning and Development department’sassessment identified that the minimum number of car parks for the proposeddevelopment should be ten (10) spaces plus two (2) dedicated bays (total 12)for emergency vehicles and service/ health professional vehicles;6. Council agrees and supports the grounds of objection from the submittersopposing this proposal.Attachments:1 Locality Plans2 Proposal PlansRecommendation:That application (Council Reference Number 322.2011.31344.1) for MaterialChange of Use for Aged Persons Accommodation (28 Units plus caretakersresidence) at 81 & 83 Water Street, Walkervale; land described as Lots 0 to 4on SP112277 & Lot 152 on RP59321, County Cook, Parish Bundaberg berefused because of the reasons listed below;1. Reasons for the refusalThe reasons for refusal areThe proposed development does not achieve the Desired EnvironmentalOutcomes (DEO’s) of the Planning Scheme for Bundaberg City, particularlyDEO 4- Built Environment and DEO 5- Residential Communities;The proposed development is inconsistent with the Residential Strategy,particularly in respect to key strategy 1.1 and 1.3. The subject site isidentified as Residential “A” land and is not suitable for high densitydevelopment over the life of the planning scheme. The proposal isinconsistent with preferred settlement pattern and developmentcharacteristic 1 and 2, which stipulates that amenity and density impactsare not to increase/ cause undue issues to it’s locale;The proposed development is inconsistent with the Planning Intent of LocalArea 6- East Bundaberg. The land is included in the Residential “A”precinct Local Area 6. The planning intent for the Residential “A” precinctis that land identified within the precinct is maintained and protected fromthe intrusion of higher density developments;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 158The proposed development fails to comply with the Planning Scheme forBundaberg City’s Medium Density Residential Code (version 2.0) in that:o The proposed development is over the density provision;o Does not meet the open space provisions; &o Does not comply with the setback provisions.The proposed development fails to comply with the Planning Scheme forBundaberg City’s Vehicle Parking and Access Code (version 2.0) in that onlysix (6) car parks are provided. Planning and Development department’sassessment identified that the minimum number of car parks for the proposeddevelopment should be ten (10) spaces plus two (2) dedicated bays (total 12)for emergency vehicles and service/ health professional vehicles;Council agrees and supports the grounds of objection from the submittersopposing this proposal.Meeting held: 09 June 2011

Locality PlansAttachment 1 Page 159Attachment 1 - Locality Plans


Attachment 2 Page 161Attachment 2 - Proposal Plans


















N7 33A Letinic Street, Millbank - Development Application for Material Change of Use for Residential Multi Unit (comprising of 12 Accommodation Units)Agenda for Planning & Development Committee Meeting Page 179Item 09 June 2011Item Number:N7File Number:322.2008.22934.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:33A Letinic Street, Millbank - Development Application for Material Change of Usefor Residential Multi Unit (comprising of 12 Accommodation Units)Report Author:Jenita Porter, Para PlannerAuthorised by:Rob Thompson, Manager Planning (City & Hinterland)Link to Corporate Plan:Nil -Applicant:Millbank Villas Pty LtdOwner:BR & KA EdwardsLocation:33A Letinic Street, MillbankRPD:Lot 5 on SP182645, County Cook, Parish BundabergArea:Total Area: 20.7305 haResidential a Part: 5,343 m²Non-Urban Part: 20.1962 haLand Designation:(Part Non Urban and Part ‘Residential A’)Planning Scheme:Planning Scheme for Bundaberg CityMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 180Proposal:This is a development application to permit the construction of 12 AccommodationUnits on the Residential a portion of the subject site. Plans submitted with theapplication demonstrate 2 types of units. Type Units are grouped into 4 Duplexes(each containing 2 units) and Type B Units are 4 independent Villas. Eachaccommodation unit/villa consists of 2 bedrooms, 2 bathrooms and a laundry. EachUnit also contains a single garage while each villa shall contain a double garage,there are also 8 visitor parking spaces proposed on site.Subject Site & Surrounding Land UsesThe subject site is located on the northern side of Letinic Street, Millbank. Thesubject site is a mix of Residential A and Non Urban Zonings. Currently on thesubject site is an existing Dwelling and ancillary Shed with rural production activities.Surrounding land uses in the area comprise mostly of a mix of low density and ruralresidential land uses.It is noted that the proposed accommodation units/villas are located on theResidential A (5,343m²) portion of the site only. The remainder of the site which iszoned Non Urban (20.196ha), shall remain as farming land, with the as of right for asingle dwelling unit only.Considerations1. Planning Scheme1.1 Planning intent for Local Area 1 – Residential A PrecinctsThe planning intent for local area 1 outlines the following provision:“4. The predominate character of low-density residential development in ResidentialA Precincts is maintained and protected from the intrusion of medium and highdensitydevelopment.”The development is located within a Residential A Precinct, which negates the needfor medium/high density development. However it is considered that as the site islocated almost independently from Letinic Street, the proposed higher densitydevelopment shall be segregated from the existing low density dwellings in thesurrounding area, and shall impose minimum impacts on the neighbouringproperties.“6. Medium-density housing is at a scale and density that respects the character andprotects the amenity of the Local Area.”The proposed units/villas shall be located on a site which has minimal impact on thesurrounding properties as they reduced the units to single story and they shall besituated backing onto the existing properties within Diamond and Letinic Streets only.It is also noted that the densities of the proposed units comply with the MediumDensity Residential Code’s Density provisions.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 1811.2 Medium Density Residential CodeThe intent of the medium density residential code is:“To ensure that medium-density residences… are provided in appropriate locations,that building form, siting, design and use provides an acceptable on-site residentialenvironment, that an acceptable level of infrastructure provision is achieved and thatadverse off-site impacts are within limits acceptable to the local community.”The proposed units/villas are generally in accordance with the Medium DensityResidential Codes Acceptable Solutions regarding setbacks, open space areas andamenity to the existing surrounding locality. The allowable density for the proposedsite is 26.81EP and the proposed Units have outlined a density of 24 EP, this beingunder the prescribed allowable amount as set out within table 4.1.1.1.3 Vehicle Parking and Access CodeThe proposed development is generally compliant with the provisions of the VehicleParking and Access Code. There are 6 visitor parking spaces required for the site,plans submitted with the application demonstrate 8 visitor parking spaces to beprovided on site.2. Engineering2.1 Water and SewerageThe site has access to Councils reticulated water and sewerage systems.2.2 Roadworks & Car ParkingCurrently the subject site has a dirt and grass driveway which is an unconstructedentry into the property. Provision of works shall include a constructed road wayincluding the continuation of the kerb and channelling from Letinic Street and cul-desachead to ensure appropriate access for the residents and refuse disposal trucksto the site.3. Referral AgenciesThe application was referred to the Department of Environment and ResourceManagement for comment as a concurrence agency as the site is directly adjoiningthe Burnett River.4. Grounds of SubmissionsThere were two properly submissions received as part of this application. The basisof the submissions surrounded the density of traffic into the area, flooding, amenityof the locality and the use of the existing easements ‘D and E’ as another access forthe unit development.The outlined concerns within the submissions were investigated and are addressedas follows:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 182•The traffic concerns for the site have been addressed through the externaland internal roadworks conditions, to ensure minimal impact on thesurrounding locality. The portion of the site which the units are proposed islocated outside of Council’s adopted flood inundation, and therefore is notaffected by it.•The units were amended from double story and redesigned as single storyunits which shall be set back within the site and not directly visible from LetinicStreet, only 2 units shall be located within the frontage of the site thereforereducing the impact on the existing amenity.•The existing easements ‘D and E’ are for the purposes of electricityinfrastructure only and no legal point if access has been granted. It is furthernoted that the proposal plans do not reflect any such desire to use this as analternative or additional access point.Overall it is considered that the concerns of the submitters have been addressedthrough design and location of the proposed units.5. Infrastructure ChargesInfrastructure charges contributions are required as per the attached calculationsheet.Attachments:1 Locality Plan2 Infrastructure Charges3 Proposal Plans4 Concurrence Agency ResponseRecommendation:That application (Council Reference Number 322.2008.22934.1) for MaterialChange of Use for Medium Density Residential (Comprising 12Accommodation Units) at 33A Letinic Street, Millbank; land described as Lot 5on SP182645, County Cook, Parish Bundaberg be approved with conditionsand Council issue a Decision Notice, with conditions as listed below.General1. The Developer must comply with all of the conditions of this DevelopmentPermit prior to the approval of a Development Permit for Building Worksunless otherwise stated within this notice;Approved Plans2. The approved development is to be constructed generally in accordance withConditions contained within this notice and the following Approved Plans;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 183Drawing Plan/Document Name Prepared By DateNumberSD 1.01 Site PlanInterworks 17 March 2011Issue BArchitectsSD 3.04 Site Elevation Interworks 17 March 2011ArchitectsSD 2.01 Type A UnitsInterworks 17 March 2011Issue BArchitectsSD 2.04 Type B UnitsInterworks 17 March 2011Issue BArchitectsSD 3.01 2 Bed Duplex Elevations Interworks 17 March 2011Issue P2ArchitectsSD 3.03 2 Bed Villa Elevations Interworks 17 March 2011Issue P1ArchitectsInfrastructure Contributions3. Payment of Infrastructure contributions for Sewerage, Water Supply,Stormwater, Transport (Local and state controlled roads), Pedestrian andCycle Ways, and Parks, Recreation and Community Land, in accordance withCouncil’s Adopted Planning Scheme Policy, is required.Contributions required, if paid before 30 June 2011 are:Type of ContributionEquivalentDemandRecognisedPreviousContributionAmountSewerage 8.40 1.00 $ 34,719.22Water Supply 8.40 1.00 $ 24,680.72Stormwater 9.35 1.00 $ 12,525.38Transport - Local 7.20 1.00 $ 8,403.82Transport - State 7.20 1.00 $ 8,574.49Pedestrian & Cycle Ways 7.20 1.00 $ 4,348.68Parks, Rec. & CommunityLand7.20 1.00 $ 23,381.86Total $ 116,634.17WaterAll contributions are payable prior to the approval of a Development Permit forBuilding Works, unless stated otherwise within this notice. The actualcontribution payable will be adjusted in accordance with the Consumer PriceIndex if necessary to allow for variations determined in accordance with theapplicable Planning Scheme Policy current at the time of payment;External Water ConditionsMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 1844. Existing water property service is to be disconnected and a new connectionprovided, at an agreed location, at the Developer’s expense;5. The Developer must provide for the reticulation of water supply to the northernboundary of the courtyard associated with Unit 1 by supplying all necessarymaterials and works including structures and equipment and performing allnecessary works at the expense of the Developer. The works will include allnecessary upgrades of Council infrastructure to ensure that downstreamproperties are note adversely affected by the increased demand of theproposed development. Works shall include network modelling with mainsizing to be finalised in association with Operational Works approval;6. The Developer must provide a fire hydrant within the development at alocation that complies with the Bundaberg City Engineering Design PlanningScheme Policy;7. Water supply works performed on live water supply infrastructure, namelyconnection to the main in short section of roadway currently serving as accessto the site will be required to be undertaken by Council at the Developer’sexpense. Council will provide a quotation at the written request of theDeveloper. The request must be accompanied by plans marked ‘ForConstruction’;8. A fire hydrant and sluice valve shall be provided at the termination ofreticulation at the northern boundary of the courtyard to Unit 1;Internal Water conditions9. The Developer is to provide a metered service, and internal infrastructure asrequired, to satisfy the fire fighting and water supply demands of the proposeddevelopment;10. Sub-meters shall be installed in accordance with the Water and OtherLegislation Amendment Act 2007;Arrangements for the installation of any new metered service and sub-meters, orremoval of an existing service, are to be made with Council’s Water andWastewater Infrastructure Planning Technical Support Section. All works areto be undertaken by Council at the Developer’s expense;SewerageExternal and Internal Sewerage Conditions Combined11. The Developer must provide for the reticulation to the development site byextending the existing sewerage main adjacent to 33 Letinic Street to thesouthern boundary of Unit 2 courtyard, by supplying all necessary materialsand works including structures and equipment, and performing all necessaryworks at the expense of the Developer. The sewer specifics must bedetermined at the Operational Works Stage;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 18512. Except where perpendicular to or intersecting with a property boundary, asewer main shall not be situated closer than 1.5 metres to a fence, unlessotherwise approved by Council’s Director, Planning and DevelopmentServices;13. Sewerage works performed on live sewerage infrastructure, namely breakinginto the existing sewer manhole in Letinic Street will be undertaken by Councilat the developer’s expense. Council will proved a quotation at the writtenrequest of the developer. The request must be accompanied by plans marked‘For Construction’;14. Dedication of 2.5 metre wide Sewerage Easements, at no cost to Council, tocontain the sewer reticulation where it traverses the lots created from propertyboundary to property boundary including the balance area. The Easementsshall be located to provide a minimum distance of One (1) metre between theEasement Boundary and the Sewerage Reticulation. The EasementDocumentation shall be acceptable to Council and be prepared at the full costof the Developer;15. No below minimum grade sewer shall be considered;16. No pump stations will be accepted by Council;CCTV Sewerage17. Prior to the commencement of the maintenance period all Sewerageinfrastructure must be inspected with CCTV Unit and an InfrastructureCondition Report prepared for Council approval;18. All sewerage infrastructures, or such lesser number of lines as agreed by theManager Sustainable Development, must be inspected with a CCTV unit andan infrastructure condition report prepared for Council approval prior to theconclusion of the maintenance period. All costs associated with theinspections shall be borne by the Developer;StormwaterExternal Stormwater Conditions19. Stormwater drainage is to be designed and constructed in accordance withthe requirements of the Queensland Urban Drainage Manual and BundabergRegional Council, i.e., a piped system with a capacity to cater for Q5ARIflows, with overland flow paths to be provided for a capacity of Q100ARI lesspiped flow;20. The Developer must not direct stormwater flow greater than pre-developmenttowards Letinic Street;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 18621. Dedication of minimum 3.0 metre wide Stormwater easements in favour ofBundaberg Regional Council for the drainage is to be provided to contain thestormwater infrastructure where it traverses the lot. The easements are toincrease to 10 metres wide or such width as required to contain Q100 ARI andbe orientated towards Palmer Creek at the outlet to each system. TheEasements are to be located to provide a minimum distance of One (1) metrebetween the Easement Boundary and the Sewer Infrastructure. Easementdocumentation is to be acceptable to Bundaberg Regional Council and beprepared at no cost to Bundaberg Regional Council;22. The Developer must also provide a downstream drainage dischargeagreement to cater for the stormwater flows from the termination of theeasement to cover the right to discharge to Palmer Creek. The dischargeagreement must be binding on successors, be acceptable to the BundabergRegional Council and be prepared at no cost to Bundaberg Regional Council;Internal Stormwater Conditions23. The point of discharge for site stormwater associated with the car parkingareas and buildings must be the underground drainage provided associatedwith the external access;24. The design for the site drainage system, fill, car parking and access shall beundertaken such that flows from adjacent properties will not be impeded bythe proposed development;25. Stormwater drainage shall be designed and constructed in accordance withthe requirements of the Queensland Urban Drainage Manual and BundabergCity Council, i.e. piped system is to be provided with a capacity to cater forQ10 ARI flows with overland flowpaths to be provided for a capacity of Q100ARI less piped flow;26. A grated trench drain is to be provided at the entry/exit to the property wherethe Q10 ARI flows are not contained within the site;CCTV Stormwater27. Prior to the acceptance of the works on maintenance all Stormwaterinfrastructure is to be inspected with a CCTV Unit and an infrastructurecondition report prepared for Council approval. All costs associated with thisinspection are to be borne by the Developer;28. All Stormwater infrastructures, or such lesser number of lines as agreed bythe Manager Sustainable Development, must be inspected with a CCTV unitand an infrastructure condition report prepared for Council approval prior tothe conclusion of the maintenance period. All costs associated with theinspections shall be borne by the Developer;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 187External and Internal Stormwater Conditions Combined WSUD – Environmental29. The drainage system for the development is to incorporate Stormwater QualityImprovement which could include Devices (SQID) and measures to removepollutants, including sediment, nutrients, metals and trash in accordance withthe State Planning Policy for Healthy Waterways (2009) and the BundabergRegional Council Stormwater Management Strategies. At the OperationalWorks Stage, the developer must submit and obtain an approval of a SiteBased Stormwater Management Plan and Erosion and Sediment ControlManagement Plan outlining how the Stormwater Quality Improvements in boththe construction and operational phases will be achieved;30. Bioretention measures will have a maintenance period of 24 months. Themaintenance period will be after the completion of the last stage of thedevelopment to direct water to the measures;31. Bioretention extended detention depth must not be greater than 300 mm,unless approved by Manager Sustainable Development;Roadworks and AccessExternal Access to Site32. The Developer must provide and construct a new access road to the fullfrontage of the development (northern side of the courtyard to Unit 1). Theaccess road must be contained within a dedicated road reserve with aminimum dedication width of fifteen (15) metres. Further the access roadmust be paved to a width of seven (7.0) metres measured from lip of kerb lineto lip of kerb line;33. The Developer must provide the roadway at a minimum height of not less thanRL 10.1 AHD except adjacent to the cul-de-sac head, or such other distanceas approved by the Manager Sustainable Development, where it could bereasonably expected that an occupant from the proposed development wouldnot require vehicular access to the roadway;34. All roadways are to be sealed with asphaltic concrete;35. Concrete kerb and channelling is to be provided on each side of all roadwaysto the standard adopted by Council from time to time in its Statement ofPolicy;36. The proposed roads are to be designed both in layout and structural strengthto cope with the frequencies and weights of traffic likely to use it, asdetermined by Council. The design shall be carried out by a CharteredProfessional Engineer in accordance with the methods detailed Austroads P-T36/06 – Pavement Design for Light Traffic: A Supplement to AustroadsPavement Design Guidelines;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 18837. The Developer must provide a cul-de-sac bulb at the end of the roadway. Thecul-de-sac must be provided with a minimum twenty (20) metre turning circlemeasured from the nominal kerb line;38. The Developer must supply and erect all necessary street signs and posts.The Developer is to liaise with the Bundaberg Regional Council fordetermination of the names for new development roadways;Internal Roadworks Conditions39. The internal parking layout is to be generally in accordance with the Site PlanSD 1.01 – Site Plan (Millbank Villas) – 17 March 2011;40. Provision of an off-street car parking and vehicle manoeuvring area for eight(8) visitor parking spaces. Such car parking, access and manoeuvring areasshall be:-(i)(ii)(iii)(iv)(v)(vi)constructed and sealed with bitumen, asphalt, concrete or approvedpavers;line-marked into parking bays, where appropriate;designed to include a manoeuvring area to allow vehicles to leave thesite in a forward gear;designed to include the provision of fill and/or boundary retaining wallsto allow for the containment and management of site stormwaterdrainage as required;drained to the relevant site discharge point;designed in accordance with AS/NZS2890.1-2004: ‘Parking FacilitiesPart 1: Off-street Car Parking’;Footpaths41. Construction of a reinforced concrete industrial footpath invert crossing inaccordance with Council’s Drawing No. R-0051 (Current Version) for the siteaccess – modified to suit a bridge crossing. The crossing shall be a minimumof six (6) metres. The specific requirements of the crossing shall bedetermined at the Operational Works stage of the development;42. A 1.5 metre wide concrete ribbon footpath shall be provided for the full lengthof the site frontage in accordance with Council’s Drawing 13977. Works shallinclude re-grading of the grassed area to suit the new footpath, with topsoilingand grass seeding to disturbed path areas as well as fill material to thefootpath to remove trip hazards;Electricity and Telecommunications43. The Developer shall provide for the supply of underground electricity to thedevelopment site . Arrangements for electricity supply and overhead streetlighting to the development shall be made by liaison for installation of therequired works and entering into an agreement with the local Energy Provider;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 18944. Padmount transformer locations, where possible, are to be located within theroad reserve fronting proposed or existing parkland or drainage reserves;45. Electrical crossings are generally to be to the opposite lot boundary to waterservice crossings;46. Street lighting to new roads, multi-modal pathways and intersections shall beby way of provision of underground conduits and cables, poles and streetlights. The design and provision of street lighting shall be in accordance withAustralian Standard 1158:2005. The applicable lighting category is P4 for allroadways;47. The Developer shall be responsible for the provision of telecommunications toall proposed lots by liaison for installation of the required works and enteringinto an agreement with the Telecommunications Authority;Lighting48. External lighting is to be designed in accordance with AS4282-1997: ‘Controlof the Obtrusive Effects of Outdoor Lighting’ so as not to cause nuisance tonearby residents or passing motorists;Fencing49. The provision of a 1.8 metre high solid screen fence along the side and rearboundaries of the site, commencing from the front boundary of the subjectproperty, where such fencing does not currently exist. From the front buildingline of the structure to the front boundary of the site such fencing may bereduced to a height of 1.2 metres with exception of any private open spaceareas between the main building line and Letinic Street. The total cost of thisnew fencing is to be met by the developer;50. Screen fencing must contain no gaps so that the privacy of adjoiningresidents is protected. Where timber paling fences are proposed, the palingsare to be overlapped to allow for the natural shrinkage of the timber;51. Where the fence screens laundry clothes drying areas, the fence is to beextended to return to the building to enclose the clothes drying areas;52. The erection of a second boundary line fence parallel to any existingboundary fence, is prohibited, thereby preventing the creation of anunmaintainable area between two fences that may attract or harbour verminor pests;53. Should any existing fence provide insufficient screening then the Applicantmay, by agreement with the owner/s of the neighbouring property, replace theexisting fence wholly at the developer’s expense. Any replacement fencemust comply with the requirements of this approval;Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 19054. Should any existing fence not comply with the requirements of this approvalthen the Applicant must replace said fencing in accordance with therequirements of this approval;Landscaping55. Landscaping of the site is to:-(i) consist of the construction of permanent garden beds planted withtrees and shrubs, with particular attention to the street frontages of thesite.Landscaping is to be completed prior to the premises being occupiedand is to be maintained while the use of the premises for the ‘approveduse’ continues;(ii)include species recognised for their low water requirements and is tobe provided with an approved controlled underground or drip wateringsystem.Air ConditionersAny such system shall be fitted with an approved testable backflowprevention device at the Applicant’s expense. Please liaise withCouncil’s Building Services and Water Operations Sections in thisregard;56. Air Conditioning units shall be designed, installed, maintained, and operatedso that noise emissions are within the limits imposed by the EnvironmentalProtection Act, Regulations and Policies;57. Condensation from air conditioning units is to be discharged to the seweragesystem;Other58. Any damage occasioned to the kerb and channelling and / or footpath shall berepaired / reinstated at the completion of all works;59. A sufficient area shall be provided for the storage of all waste bins. This areais to be sealed, screen fenced and designed so as to prevent the release ofcontaminants to the environment;60. Any placement of fill material within the subject land shall comply with thePlanning Scheme for Bundaberg City’s ‘Filling and Excavation Code’. All fillmaterial to be placed on the subject allotment shall be tested and structurallycertified in accordance with the Code;61. All Conditions contained in this Decision Notice are to be completed/compliedwith before the use hereby approved commences.Meeting held: 09 June 2011


Attachment 2 Page 192Infrastructure ChargesDevelopment Contributions Summary - Infrastructure Contributions Planning Scheme PolicyTOTAL: $116,634.17File: 322.2008.22934.1 Transport (Roads - Regional - DTMR)Applicant: B R Edwards ED 1 (EDU) = 7.2000Development type: MCU ED 2 (EDU) = 0.0000Portion: All Total PU (EDU) = 7.2000Address: 33A Letnic Street, Millbank CR = $1,256 BuCCDefined Use in PSP: Non Urban & Residential PC (EDU) = 1.0000Council & Zone: BuCC Non Urban I = 1.1011Date: 26/05/2011 Contribution = $8,574.49Water Supply Transport (Pedestrian Paths & Bikeways)ED 1 (EDU) = 8.4000 Multi - 0.7/unit (12 units) ED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 8.4000 Total ED = 7.2000CR = $3,029 BuCC CR = $637 BuCCPC (EDU) = 1.0000 1 EDU - 'As of Right' [all] PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $24,680.72 Contribution = $4,348.68Sewerage Drainage & StormwaterED 1 (EDU) = 8.4000 ED 1 (EDU) = 9.3503 Res Multi - 0.7 per 400sqm Site(5343m2)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 8.4000 Total ED = 9.3503CR = $4,261 Avoca/Millbank CR = $1,500 Burnett (DSW1) & BuCCPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.0000Contribution = $34,719.22 Contribution = $12,525.38Transport (Roads - Sectoral - BRC) Public Parks & Community LandED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units) ED 1 (EDU) = 7.2000 Multi - 0.6/unit (12 units)ED 2 (EDU) = 0.0000 ED 2 (EDU) = 0.0000Total ED = 7.2000 Total ED = 7.2000CR = $1,231 BuCC CR = $3,425 AvocaPC (EDU) = 1.0000 PC (EDU) = 1.0000I = 1.1011 I = 1.1011Contribution = $8,403.82 Contribution = $23,381.86Attachment 2 - Infrastructure Charges







Concurrence Agency ResponseAttachment 4 Page 199Attachment 4 - Concurrence Agency Response

Attachment 4 Page 200Attachment 4 - Concurrence Agency Response

N8 16 Pandanus Court & 6 Second Avenue, Woodgate - Request to Extend the Relevant Period & Request to Change an Existing Approval for MCU (24 Motel Units & Restaurant)Agenda for Planning & Development Committee Meeting Page 201Item 09 June 2011Item Number:N8File Number:322.2011.321.33.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:16 Pandanus Court & 6 Second Avenue, Woodgate - Request to Extend theRelevant Period & Request to Change an Existing Approval for MCU (24 Motel Units& Restaurant)Report Author:Merinda Grayson, Planning OfficerAuthorised by:Wayne Phillips, Manager Planning (Coastal)Link to Corporate Plan:Nil -Applicant:SL McLeish-Allenc/- Dillon Folker StephensOwner:SL McLeish-AllenLocation:16 Pandanus Court & 6 Second Avenue, WoodgateRPD:Lot 63 on SP167897 & Lot 3 on RP216224, County Cook, Parish MarathonArea:726 m 2 and 783 m 2Land Designation:ResidentialPlanning Scheme:Planning Scheme for Isis Shire 2007Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 202Proposal:The former Isis Shire Council, at a meeting held on 26 June 2007 agreed to arequest for a negotiated decision for a Material Change of Use application on thesubject site. A Negotiated Decision Notice was issued by Decision Notice dated 2July 2007.A Request to Change the Existing Approval and a Request to Extend the Period hasbeen made under letter received by Council on 27 September 2010. The requestproposes to change the existing approval to the extent detailed below:• Extend the Relevant Period for the Approval.o Additional four (4) years until 2 July 2015.• Change the Existing Approval.o Amendment of Conditions to reflect current infrastructure charges.The Applicant has lodged a request to change the existing approval to extend therelevant period under section 383 of the Sustainable Planning Act 2009.It is Council’s assertion that the permit expiry date is 2 July 2011 as per section 341of the Sustainable Planning Act 2009.ConsiderationsSections 386, 387 and 388 of the Sustainable Planning Act 2009 provide thelegislative framework for considering a request to extend the period before anapproval lapses. Sections 374, 375 and 376 of the Sustainable Planning Act 2009provide the legislative framework for considering a request to change a developmentapproval.The Assessment and Decision of this application is in accordance with theseprovisions.Request to Extend the Relevant Period for an ApprovalConsideration of the request against the criteria provided under 387 of theSustainable Planning Act 2009 is tabulated below:SPA provision(a) the consistency of the approval,including its conditions, with thecurrent laws and policies applyingto the development, including, forexample, the amount and type ofinfrastructure contributions, orinfrastructure charges payableunder an infrastructure chargesschedule; andCommentIt is considered that the existing approval,including conditions, is not consistent with thecurrent laws and policies applying to thedevelopment. That is, there are significantvariations between the infrastructure chargingprovisions of the superseded and currentPlanning instruments. Namely:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 203SPA provisionComment- the amount and type of infrastructurecontributions payable for the existingapproval in comparison with the currentInfrastructure Charging Regime is significant(A comparison between amounts is providedunder attachment).The Applicant has accepted Council’s request toinclude the additional contributions.(b) the community’s currentawareness of the developmentapproval; and(c) whether, if the request wererefused—(i) further rights to make asubmission may be availablefor a further developmentapplication; and(ii) the likely extent to which thoserights may be exercised; and(d) the views of any concurrenceagency for the approval.In view of the above it is recommend that therequest be supported based on conditions beingupdated to reflect the current infrastructurecharges.The development approval was subject to publicnotification and received submissions. Thesubmitter’s concerns were address andappropriate conditions were imposed. Nosubmitter appealed the decision.Opportunities would still exist for an application tobe made under the current planning scheme.There were no concurrence agencies to theoriginal applicationIt is Council’s Planning Services recommendation that an extension of two (2) yearsonly until 2 July 2013 be granted due to the preparation of a new regional planningscheme.Request to Change Development ApprovalThe Applicant has requested to change condition 14(a) of the approval for thereasons of updating these conditions to facilitate the application of Council’s currentInfrastructure Contributions Planning Scheme Policy. The relevant condition is asfollows:Condition 14(a)Condition 14(a) shall be amended to reflect the current infrastructure charges. Thenew conditions shall read as follows:Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 204(a) The developer is required to contribute to $75,638.43 towards watersupply headworks and $184,401.22 towards sewerage headworks inaccordance with Council’s current Policy. Contributions shall be paidwithin fourteen (14) days after the date of the issue of the relevant buildingpermit or such longer period or periods as may be determined by Council.ConclusionsCouncil’s Planning and Development Department consider that the planningprovisions and policies applying to the development have not changed significantlyunder the current Planning Scheme despite the application being assessed andapproved under a now superseded planning scheme.Attachments:1 Locality Plan2 Original Neg Decision Notice3 Representations4 ICSRecommendation:That:(A) The Applicant be advised that Council has considered the representationscontained in their letter received on 9 May 2011 and email dated 1 June2011 regarding an Extension to the Relevant Period and a Change toApproval for Material Change of Use, over land situated 16 PandanusCourt & 6 Second Avenue, Woodgate; land described as Lot 63 onSP167897 and Lot 3 on RP216224, County Cook, Parish Marathon, andagrees with the request to the extent detailed below: Extend the Relevant Period by two (2) years until 2 July 2013; Condition 14(a) - amended;AND(B) Council issue a Notice to the Applicant.Meeting held: 09 June 2011


Original Neg Decision NoticeAttachment 2 Page 206Attachment 2 - Original Neg Decision Notice

Attachment 2 Page 207Attachment 2 - Original Neg Decision Notice







RepresentationsAttachment 3 Page 214Attachment 3 - Representations

Attachment 3 Page 215Attachment 3 - Representations








Attachment 4 Page 223ICSInfrastructure Charges / Contributions:Variation between contributions required under existing approval in comparisonwith current Infrastructure Charges applicable to the same Development –322.2011.32133.1Current PolicyInfrastructure ContributionTotalWater Supply $75,638.43Sewerage Supply $184,401.22TOTAL $260,039.65Superseded PolicyAmount (Existing)Water Supply $58,915.21Sewerage $153,927.69TOTAL $212,842.910Variation = $47,196.75Attachment 4 - ICS

N9 118 & 122 Bargara Road, Bundaberg East - Request for consideration to lease carparking spacesAgenda for Planning & Development Committee Meeting Page 224Item 09 June 2011Item Number:N9File Number:322.2010.30089.1Part:DEVELOPMENTPortfolio:Planning & Development ServicesSubject:118 & 122 Bargara Road, Bundaberg East - Request for consideration to leasecarparking spacesReport Author:Grant Barringer, Planning OfficerAuthorised by:Gail Downie, Senior PlannerLink to Corporate Plan:Nil -Previous Items:N10 - 118 & 122 Bargara Road, Bundaberg East - Material Change of Use - MixedUse Shopping Complex - Planning & Development Committee Meeting - 21December 2010Applicant:Bundaberg FJN Pty LtdOwner:Bundaberg City CouncilLocation:118 & 122 Bargara Road, Bundaberg EastRPD:Lot 1 on RP123117, Lot 5 on RP179913, County Cook, Parish KalkieArea:458 m 2 , 5705 m 2Land Designation:Commercial and CommunityPlanning Scheme:Planning Scheme for Bundaberg CityMeeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 225Proposal:Request for Council’s consideration regarding Lease agreement for car parkingspaces for Mixed Use Shopping Complex (Commercial Activity “C” - GeneralBusiness).BackgroundAn application for Material Change of Use for a Commercial Activity “C” use waslodged with council on the 6 September 2010 and approved with conditions atCouncil’s Planning and Development Committee meeting on the 21 December 2010.Standard conditions were imposed by council included condition 5 titled Lease ofLand and read:“The applicant shall make arrangements with Bundaberg Regional Council and enterin a Lease agreement for the proposed use of land at 122 Bargara Road (part of Lot1 on RP123117, County Cook, Parish Kalkie) as part of the proposed ShoppingCentre development. All costs associated with the agreement shall be borne by thedeveloper;”Subsequent to this approval Council’s Planning and Development department hasreceived correspondence via letter dated 28 April 2011 and email sent on 23 May2011 from Baker O’Brien Toll (BOT - Solicitors acting on behalf of Council)requesting instructions for particular inclusions into the lease agreement.The email sent by BOT requested clarification on several details including:Term of the lease;Rent payable;Permitted Use;Planning HistoryA development application was originally lodged over the subject site for a shoppingcomplex dated 7 May 2004 and was amended by council, upon request on 31 May2005. The latest approval given by Council on the 21 December 2010 is a result ofthe previous application lapsing under the regulations of the Sustainable PlanningAct 2009.As part of this 2004 approval council commissioned it’s solicitors to prepare a draftlease agreement for the purpose of car parks within 122 Bargara Road.ConsiderationsThis report requests Council’s consideration and decision on a new lease agreementwith regard to the terms of lease, rent payable and permitted use of the 21December 2010 approval.Meeting held: 09 June 2011

Agenda for Planning & Development Committee Meeting Page 226The Planning and Development department deem that a ten (10) year plus ten (10)year option lease for car parking over part of Lot 1 on RP123117 (council ownedland) in favour of the commercial activity located within Lot 5 on RP179913 isappropriate. This period would allow the developer confidence that condition 5 of theapproval could be met for an extended period of time.The requirement of condition 5 additionally obliges the developer to pay the cost ofthe lease agreement. BOT have outlined a cost of $1,800 to prepare the leaseagreement. This cost will be costed to the developer to comply with the condition.The lease should also include requirements to allow the provision of access viaeasement to council’s pump station and also be subject to a survey plan beingendorsed by council.Rental PaymentsIn the 2004 approval, council agreed to a reduced payment of $500 per car park p.a.plus GST plus Consumer Price Index (CPI). The charge was recommended at$1,500 per car park p.a. plus GST plus CPI.The Planning and Development department consider a charge of $1,500 per carpark p.a. plus GST plus CPI is appropriate.Attachments:1 Locality2 Proposal Plan3 Street View 14 Street View 2Recommendation:That Council agree to include the following items within the Lease Agreementfor car parking spaces for Mixed Use Shopping Complex (developmentapproval reference 322.2010.300893.1 at 118 & 122 Bargara Road, BundabergEast; land described as Lot 1 on RP123117, Lot 5 on RP179913, County Cook,Parish Kalkie and include the following items:Council allow a ten (10) year plus ten (10) year option lease for the purpose ofcar parking spaces over part of Lot 1 on RP123117;Rent payable be $1,500 per car park per annum plus GST plus CPI; andThe permitted use of the lease be for car parking purpose.Meeting held: 09 June 2011

LocalityAttachment 1 Page 227Attachment 1 - Locality

Proposal PlanAttachment 2 Page 228Attachment 2 - Proposal Plan

Attachment 2 Page 229Attachment 2 - Proposal Plan





Street View 1Attachment 3 Page 234Attachment 3 - Street View 1

Street View 2Attachment 4 Page 235Attachment 4 - Street View 2

Planning 9-6-11.pdf - Bundaberg Regional Council

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