OUR REF: DA-2013-130

2 July 2013 Vicki M Bugeja and James M Bugeja C/- Lane Associates PO Box 3387 NORTH MACKAY QLD 4740 Dear Sir/Madam DECISION NOTICE Applicant: Vicki M Bugeja and James M Bugeja Proposal:

Reconfiguration of a Lot - Boundary Realignment 4 Rural Lots into 2 Rural Lots.

Application Number: DA-2013-130 Address: L 3 Pleystowe School Road, PLEYSTOWE QLD 4741,

L 10 and Lot 11 Pleystowe School Road, PLEYSTOWE QLD 4741, L 1 Pleystowe School Road, PLEYSTOWE QLD 4741.

Property Description: Lot 1 on RP723575, Lot 10 and Lot 11 on RP730286 and Lot 3 on RP736171.

Please find enclosed the above Decision Notice with the relevant attachments: • Decision Notice • Assessment Manager’s Conditions • Approved Plans • Appeal Rights If you require any further information, please contact Josephine McCann.

This is a Mackay Regional Council Digitally Signed Document

Decision Notice Sustainable Planning Act

Application Number: DA-2013-130

Date of Decision: 28 June 2013

1. APPLICANT/S DETAILS

Name: Vicki M Bugeja and James M Bugeja

Postal Address:

C/- Lane Associates

PO Box 3387

NORTH MACKAY QLD 4740

2. PROPERTY DETAILS

Property Address:

L 3 Pleystowe School Road, PLEYSTOWE QLD 4741,

L 10 and Lot 11, Pleystowe School Road, PLEYSTOWE QLD 4741,

L 1 Pleystowe School Road, PLEYSTOWE QLD 4741.

Property Description: Lot 1 on RP723575, Lot 10 and Lot 11 on RP730286 and Lot 3 on RP736171.

3. OWNER’S DETAILS

James M Bugeja and Vicki M Bugeja

4. PROPOSAL

Reconfiguration of a Lot - Boundary Realignment 4 Rural Lots into 2 Rural Lots.

5. DECISION TYPE

DEVELOPMENT DECISION

Reconfiguration of a Lot Development Permit

Approved in Full Subject to Conditions

This is a Mackay Regional Council Digitally Signed Document

Decision Notice Sustainable Planning Act

6. ASSESSMENT MANAGER’S CONDITIONS

The conditions relevant to this decision are attached to this notice. These conditions are clearly identified to indicate whether the assessment manager or a concurrence agency imposed them.

7. IDAS REFERRAL AGENCIES

It is advised that there are no Referral Agencies for this Application.

8. SUBMISSIONS

There were no properly made submissions received on this application. 9. PLANNING SCHEME

This decision is issued under the Mackay City Planning Scheme including amendments up to 19 December 2011.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Nil

12. PRELIMINARY APPROVAL OVERRIDING THE PLANNING SCHEME

Not Applicable

13. RELEVANT PERIOD The standard relevant period states in Section 341 of the Sustainable Planning Act 2009 apply to each aspect of development in this approval, if not stated in the conditions of approval attached.

14. APPEALS Attached is an extract from the Sustainable Planning Act 2009 which details your appeal rights and the

appeal rights of any submitters regarding this decision. 15. ASSESSMENT MANAGER SIGNATURE

Name Leah Harris

Position Principal Planner

Signature Date

This is a Mackay Regional Council Digitally Signed Document

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-130 Decision Date: 28 June 2013

 

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1. Plan of Development

The approved Reconfiguration of 4 Rural Lots via Boundary Realignment to create Two Rural Lots development must be completed and maintained generally in accordance with the Plan of Development (identified in the Table below) and supporting documentation which forms part of this application, except as otherwise specified by any condition of this approval.

Project Number

Plan Drawing Number

Prepared by

Proposed Boundary Rearrangement Pleystowe School Road, Pleystowe (lots 10 & 11 RP730286, Lot 1 RP723575, Lot 3 RP736171 James & Vicki Bugeja

Proposal Plan Lots 1-2

G1302-1A Lane Associates Planning

Proposed Boundary Rearrangement Pleystowe School Road, Pleystowe (lots 10 & 11 RP730286, Lot 1 RP723575, Lot 3 RP736171 James & Vicki Bugeja

Proposal Plan Lot 1

G1302-1A Lane Associates Planning

2. Rural Access - Future Dwelling House Lot 1

At the time of construction of the dwelling house on proposed Lot 1, a rural access must be provided in accordance with Council’s Standard Drawing A4-25. A Minor Works Permit will be required for this work. A note to this effect will be placed on Council's Rates Database

3. Electricity Services

Written evidence from Ergon Energy to demonstrate that proposed Lot 1 can be connected to reticulated power must be provided.

4. Telecommunication Services

Written evidence from Telecommunications Service Provider to demonstrate that proposed Lot 1 can be connected to telecommunications must be provided.

5. Potable Water Supply

Future Dwellings The future dwellings on proposed Lot 1 must have adequate water supply. This supply must comprise the following:-

This is a Mackay Regional Council Digitally Signed Document

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-130 Decision Date: 28 June 2013

 

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a) 75,000 litre (min) for rainwater supply system as sole source of supply or a) Bore (pump rate of 0.3 litre/sec (min.) verified by 6 hour pump test and meeting

Aust. Drinking Water Guidelines requirements verified by independent testing. In addition, a separate storage tank capacity of 25,000 litres must be provided for fire fighting requirements. The tank must have a fire fighting outlet fitting installed. If a bore is proposed, the bore must be installed and the test results provided to Council prior to the endorsement of the plan of subdivision. If a rainwater supply system is proposed, the applicant must include Council’s requirements in the contract of sale. Council will include a note in the rates database detailing these requirements.

6. Endorsement of Survey Plan

The Plan of Survey with associated documents will not be endorsed by Council until all of the conditions of approval have been complied with.

7. Compliance with Council Standards

All design and construction for the development must be in accordance with Council’s Policies, Engineering Design Guidelines, Standard Drawings and Standard Specifications.

8. Maintenance of Development

Maintain the approved development (including landscaping, carparking, driveways and other external spaces) in accordance with the approved drawings(s) and/or documents, and any relevant Council engineering or other approval required by the conditions.

9. Conflict between plans and written conditions

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

10. Damage

The developer is the responsible for the repair of any damage which is caused to Council’s infrastructure as a result of the construction works associated with the proposed development. Council must be notified immediately and will make the decision as to who will carry out the rectification works and the timing for the completion of those works.

This is a Mackay Regional Council Digitally Signed Document

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-130 Decision Date: 28 June 2013

 

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ASSESSMENT MANAGER’S ADVICE  

1. Local Laws

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

2. Hours of Work

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

3. Dust Control

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

4. Sedimentation Control

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

5. Noise During Construction and Noise in General

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

6. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 19 (2) Work Health and Safety Act 2011. Section 19 (2) states that a person conducting a business or undertaking must ensure that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. It is the responsibility of the person in control of the workplace to ensure compliance with Section 20 (2) of the Work Health and Safety Act 2011. Sections 20 (2) states that the person in control of the workplace is obliged to ensure that the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

This is a Mackay Regional Council Digitally Signed Document

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2013-130 Decision Date: 28 June 2013

 

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7. Contaminated Land

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

This is a Mackay Regional Council Digitally Signed Document

PRELIMINARY - FOR ROL APPLICATION ONLYDIMENSIONS AND AREAS ARE APPROXIMATE

PROPOSAL PLAN - LOTS 1 - 2

SCALE 1 : 5000CONTOURS

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PROPOSED LOT 1 - 1.25haresidential

PROPOSED LOT 2 - 44.5harural S

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PROPOSED ACCESS

Lane AssociatesPO Box 3387 North Mackay 4740

phone: 079 4957 2518email: p.lane@mky.net.au

Drawing No. G1302-1A

SCALES AS SHOWN

PROPOSED BOUNDARY REARRANGEMENT

LOTS 10 & 11 RP730286, LOT 1 RP723575, LOT 3 RP736171

Planning - Project Management

JAMES & VICKI BUGEJA

PLEYSTOWE SCHOOL ROAD & FORMOSAS ROAD, PLEYSTOWE

SCALE 1 : 4000

(lot 10 RP730286)(lot 1 RP723575) (lot 11 RP730286)

(lot 3 RP736171)

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1227

382

1143

76

109

75

31

222

57

75

61

This is a Mackay Regional Council Digitally Signed Document

Lane AssociatesPO Box 3387 North Mackay 4740

phone: 079 4957 2518email: p.lane@mky.net.au

Drawing No. G1302-2A

Scale 1 : 1500 @ A3

PROPOSED BOUNDARY REARRANGEMENT

LOTS 10 & 11 RP730286, LOT 1 RP723575, LOT 3 RP736171

Planning - Project Management

PRELIMINARY - FOR ROL APPLICATION ONLYDIMENSIONS AND AREAS ARE APPROXIMATE

PROPOSAL PLAN - LOT 1

JAMES & VICKI BUGEJA

AERIAL PHOTO OVERLAY

8032

62

77

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PROPOSED LOT 1 - 1.25haresidential

SC

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Lot 1 RP736171

Lot 2 RP736171

PLEYSTOWE SCHOOL ROAD & FORMOSAS ROAD, PLEYSTOWE

37

31222

This is a Mackay Regional Council Digitally Signed Document

Decision Notice

Sustainable Planning Act

Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 461 Appeals by Applicants 1) An applicant for a development application may appeal to the court against any of the following - (a) the refusal, or the refusal in part, of the development application; (b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242; (c) the decision to give a preliminary approval when a development permit was applied for; (d) the length of a period mentioned in section 341; (e) a deemed refusal of the development application. (2) An appeal under subsection (1)(a), (b), (c), or (d) must be started within 20 business days (the applicant’s appeal period) after- (a) if a decision notice or negotiated decision notice is given-the day the decision notice or negotiated decision notice is given to the applicant; or (b) otherwise-the day a decision notice was required to be given to the applicant. 462 Appeals by submitters - General (1) A submitter for a development application may appeal to the court only against- (a) the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) the part of the approval relating to the assessment manager’s decision under section 327 (2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following- (a) the giving of a development approval; (b) any provision of the approval including- (i) a condition of, or lack of condition for, the approval; or (ii) the length of a period mentioned in section 341 for the approval. (3) However, a submitter may not appeal if the submitter- (a) withdraws the submission before the application is decided; or (b) has given the assessment manager a notice under section 339(1)(b)(ii) (4) The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications (1) This section applies to a development application to which chapter 9, part 7 applies. (2) A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application. (3) However, the submitter may only appeal against a referral agency’s response to the extent it relates to- (a) if the prescribed concurrence agency is the chief executive (fisheries)-development that is- (i) a material change of use of premises for aquaculture; or (ii) operational work that is the removal, damage or destruction of a marine plant. (4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment- (a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries); (b) a referral agency’s response mentioned in subsection (2) 464 Appeals by advice agency submitters (1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission. (2) The advice agency may, within the limits of its jurisdiction, appeal to the court about- (a) any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or (b) any part of the approval relating to the assessment manager’s decision under section 327. (3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter. (4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

This is a Mackay Regional Council Digitally Signed Document