Leanne E Vella and Richard C Vella C/- Development ... · PDF fileRisk Assessment 945...

YOUR REF: OUR REF: DA-2011-273

24 November 2011 Leanne E Vella and Richard C Vella C/- Development Certification PO Box 1155 AITKENVALE QLD 4814 Dear Sir/Madam DECISION NOTICE

Applicant: Leanne E Vella and Richard C Vella

Proposal: Material Change of Use - Dwelling House (Steep Land Overlay)

Application Number: DA-2011-273

Address: Lot 2 Kuttabul Mount Jukes Road, MOUNT JUKES QLD 4740

Property Description: Lot 2 on SP200090

Please find enclosed the above Decision Notice with the relevant attachments: Decision Notice Assessment Manager’s Conditions Concurrence Agencies Conditions Approved Plans Appeal Rights Notice to Commence Use If you require any further information, please contact Matthew Ingram.

This is a Mackay Regional Council digitally signed document.

Decision Notice Sustainable Planning Act

Application Number: DA-2011-273

Date of Decision: 18 November 2011

1. APPLICANT/S DETAILS

Name: Leanne E Vella and Richard C Vella

Postal Address:

C/- Development Certification

PO Box 1155

AITKENVALE QLD 4814

2. PROPERTY DETAILS

Property Address: Lot 2 Kuttabul Mount Jukes Road, MOUNT JUKES QLD 4740

Property Description: Lot 2 on SP200090

3. OWNER’S DETAILS

Leanne E Vella and Richard C Vella

4. PROPOSAL Material Change of Use - Dwelling House (Steep Land Overlay)

5. DECISION TYPE

DEVELOPMENT DECISION Material Change of Use Development Permit

Pursuant to the Mackay City Planning Scheme

Approved in Full subject to Conditions



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

Advice Agencies Department of Environment and Resource Management

Permit and Licence Management Implementation and Support Unit GPO Box 2454 BRISBANE QLD 4000

Concurrence Agencies Department of Transport and Main Roads

PO Box 62 MACKAY QLD 4740

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.

10. SUPERSEDED PLANNING SCHEME

Not Applicable

11. FURTHER APPROVALS REQUIRED

Building Works - Development Permit Plumbing and Drainage Works - Compliance Permit

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 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 which details your appeal rights and the

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

Name Leah Sorohan

Position Principal Planner

Signature Date


leahs

Typewritten Text

24 November 2011

ASSESSMENT MANAGER CONDITIONS Application Number: DA-2011-273 Applicant’s Name: Leanne E Vella and Richard C Vella

Decision Date: 18 November 2011

Page 1 of 3

1. Plan of Development

The approved Dwelling House 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.

Drawing Number

Title Issue Sheet No. Prepared by Date

10-086 Site Plan D 1 of 12 Design Solutions

July 2011

10-086 Floor Plan D 2 of 12 Design Solutions

July 2011

10-086 Elevations 1 & 2 D 4 of 12 Design Solutions

July 2011

10-086 Elevations 3 & 4 D 5 of 12 Design Solutions

July 2011

2. Compliance with conditions

All conditions must be complied with prior to the commencement of the use on the subject site, unless specified in an individual condition.

3. Maintenance of Development

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

4. Conflict between plans and written conditions

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

5. Damage

Any damage which is caused to Council’s infrastructure as a result of the proposed development must be repaired immediately.

6. 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.




Page 2 of 3

7. Ponding and Diversion of Stormwater

Ponding of stormwater resulting from the development must not occur on adjacent sites and stormwater formerly flowing onto the site must not be diverted onto other sites. The site shall be graded so that it is free draining.

8. Steep Land

The recommendations of the geotechnical engineering report “Report on Landslide Risk Assessment 945 Yakapari-Seaforth Road” prepared by Cardno Ullman and Nolan Geotechnic and dated 2 June 2011, must be followed for the design and construction of the dwelling house.

ASSESSMENT MANAGER’S ADVICE

1. Transport Noise Corridors

In addition to the Department of Transport and Main Road’s advice, it is advised that the proposed dwelling must comply with QDC4.4 (Queensland Development Code – Buildings in Transport Noise Corridors).

2. Local Laws

The approved development must also comply with Council’s Local Laws under the Local Government Act 1993 from time and other controls.

3. 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.

4. 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.




Page 3 of 3

5. 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.

6. 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.

7. General Safety of Public During Construction

It is the principal contractor’s responsibility to ensure compliance with Section 31 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the principal contractor is obliged on a construction workplace to ensure that work activities at the workplace are safe and without risk of injury or illness to members of the public at or near the workplace.

It is the responsibility of the person in control of the workplace to ensure compliance with Section 30 of the Workplace Health and Safety Act 1995. Section 31(1)(c) states that the person in control of the workplace is obliged to ensure there is appropriate, safe access to and from the workplace for persons other than the person’s workers.

8. Contaminated Land

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



michellem

Received (Manual Date)

STANDARD CONDITIONS FOR CONSTRUCTION OF

MINOR ACCESSES ONTO STATE CONTROLLED ROADS

M.S.4-4 (10/03/010)

Page 1 of 7 G:\Road Corridor\Corridor Management\Network Admin\Standard Forms and Conditions\Access Descriptions\Construction of Minor Property Accesses (10.03.10).doc

Mackay Regional Office

1. GRANTING of APPROVAL

The Department of Transport and Main Roads grants approvals to construct property accesses within the

boundaries of a state controlled road as follows: -

• Limited Access Road _ Sections 54 and 62 of the Transport Infrastructure Act 1994

(as in force 1 January 2004) and any subsequent amendments.

• Other State Controlled Roads _ Section 62 of the Transport Infrastructure Act 1994 (as

in force 1 January 2004) and any subsequent amendments.

The applicant shall construct the access at the location approved by the Regional Director (Mackay), or

his representative, and in accordance with these Standard Conditions and any special conditions applied

by the issuing office.

2. SPECIFICATIONS & DRAWINGS

2.1 Rural

Access construction must conform to the General Layout, Grading, and Cross Sectional requirements

shown on DWG MS 4-5 (18/04/2000), DWG MS 4-6 (18/04/2000) or other drawings approved by the

department. Sight distance to and from the access shall be in accordance with the sketch in Appendix B.

The applicant shall also submit engineering drawings (of the proposed access) to the department for

approval when requested to do so. A registered professional civil engineer must prepare such drawings

at no cost to the Department of Transport and Main Roads.

2.2 Urban

The owner shall install a ramped kerb crossing of the existing kerb and channel in accordance with

Local Government specifications. Sight distance to and from the access shall be in accordance with the

sketch in Appendix A. The owner shall negotiate with the Local Government about changes to existing

kerbside parking to accommodate the sight distance requirements and comply with any requirements

council might impose.

3. ENVIRONMENT

All works shall comply with the requirements of the region’s current Environment Management

Conditions for Minor Works within State Controlled Road Boundaries.

4. CONSTRUCTION & MAINTENANCE

4.1 Specifications

Notwithstanding anything to the contrary contained herein, or on any attached drawings, Department of

Transport & Main Roads Standard Specifications for each class of work involved will apply.

4.2 Traffic Management

Construction of the access shall proceed without unreasonable interruption to traffic. The owner shall

take all steps necessary to protect the public during construction. This shall include the provision of

adequate signage, barriers or other specified protection in accordance with the Manual of Uniform

Traffic Control Devices (1995), Part 3 - Work on Roads.




M.S.4-4 (10/03/010)



4.3 Clearing & Grubbing

Any declared weeds identified at the site shall be treated before clearing work starts. The Department of

Natural Resources & Water, or the local government, can advise on appropriate identification and

treatment.

Clearing and grubbing (for the proposed works) shall be the minimum needed for the installation of the

works, either adjacent to the property, or on the approved alignment.

Materials cleared and grubbed shall be disposed of, as approved by the Regional Director, Department

of Transport & Main Roads (Mackay), or his representative, in the following manner: -

(a) Millable timber, or other materials that have a commercial use, shall be separated and treated to permit its sale or re-use. The constructing authority shall liaise with the Department of Primary Industry and Forestry with respect to royalties and sale.

(b) All trees and vegetable material up to 100mm diameter shall be mulched for re-use on site, along the disturbed area as an aid to revegetation and to assist in stabilisation of the site.

(c) Material not mulched or of commercial value shall be stockpiled at approved sites along the road reserve, to provide habitat for local fauna. No stockpiles are permitted adjacent to the property boundary (as this may create a fire hazard) or in drainage lines. All stockpiles shall be outside of the clear zone – refer Section 8 of the Department's Road Planning & Design Manual.

(d) The department may order all cleared and grubbed material to be burnt if the options above are impracticable.

(e) Grub holes are to be backfilled and the whole of the disturbed area graded to maintain the shape of the existing terrain.

(f) The Department may require all non-usable materials to be removed from the road reserve and disposed of at a site approved by Transport & Main Roads.

Such work is to be to the satisfaction of the Regional Director, Department of Transport & Main Roads

(Mackay) or his representative.

4.4 Services

The owner shall verify the existence and location of any underground, or overhead, public utility

services that construction of the proposed access may affect. If such services do exist, the owner is to

liaise with the relevant Authority to prevent any damage to such service. The owner shall also maintain

the minimum horizontal and/ or vertical clearance (as stipulated by the service authority) from any

underground, or overhead, services. Any relocation or protection of underground, or overhead, services

shall be carried out at no cost to the Department of Transport & Main Roads.

4.5 Drainage

A reinforced concrete pipe or reinforced concrete box culvert shall be laid in the table drain under the

access unless otherwise approved (in writing) by the Department of Transport & Main Roads. An

Engineering assessment (by a registered professional civil engineer) must be made to determine the size

of culvert necessary at each access, to ensure that the access does not interfere with drainage flow in the

area. The minimum diameter of pipe shall be 375 mm RCP or a reinforced concrete box culvert

(RCBC) of equivalent waterway area. The minimum length of culvert shall be in accordance with

drawings DWG MS 4-5 (18/04/2000) or DWG MS 4-6 (18/04/2000).




M.S.4-4 (10/03/010)



4.6 Roadway Repairs

The owner will be required to repair, or cause to be repaired, at his own expense any damage to the

roadway due to the existence of the access.

4.7 Supervision

All work within the road reserve is to be carried out under the supervision of the Department's area

engineer, or works inspector, for the local government area within which the work lies. In this regard it

will be necessary for you to contact the Transport & Main Roads Regional office before commencing

any work within the road reserve. Alternatively, the supervision may be carried out by a registered

professional engineer of Queensland (RPEQ).

4.8 Certification

The applicant is to provide written certification that all works have been constructed in accordance with

these conditions, standard drawings and/ or any other standard, or job specific, conditions specified at

the time of approval for the works to be constructed.

The certification may be from either the Department's area engineer, or works inspector, or the

registered professional engineer of Queensland (RPEQ), whoever supervises the works.

4.9 Maintenance of Access

It is the responsibility of the owner to carry out, at their expense, any maintenance work required on the

access. They may be directed to do so, in writing, by the Regional Director, Department of Transport &

Main Roads (Mackay) or his representative at any time and such work shall be carried out, without

delay, to his satisfaction. Failure to do so within the specified time may result in the Department of

Transport & Main Roads carrying out the required works, or having it done by a private contractor, and

recouping the costs from the property owner.

5. FUTURE WORKS

5.1 By Property Owner

It is the responsibility of the owner to carry out any upgrading of an access necessary due to additional

traffic generation or change in vehicle type using the access.

5.2 By Transport & Main Roads

The Department of Transport & Main Roads will reinstate existing accesses to pre-existing standards

during any future road reconstruction.

All reasonable care will be taken during future roadwork construction, however the construction of an

access must in no way interfere with the work of maintenance personnel. The Director General,

Department of Transport & Main Roads and the Local Government accept no responsibility for damage

to the access during any maintenance or reconstruction work.

6. INDEMNIFICATION

The owner, by accepting the above conditions, indemnifies the Director General, Department of

Transport & Main Roads and the Local Government against any claim, action or process for damage or

injury which might arise during the progress of the work. And shall keep indemnified the Director




M.S.4-4 (10/03/010)



General, Department of Transport & Main Roads and the Local Government against any claim, action or

process for damages and/or injury which might arise from the existence of the access. The

indemnification shall be supported by Public Liability Insurance in the minimum amount of

$A10,000,000 at the expense of the owner. The insurance policy shall name the State of Queensland,

represented by the Department of Transport & Main Roads as an interested party.

7. PROHIBITED ACTIVITIES

Property owners are not permitted to install objects within the road reserve that are not shown on the

attached standard drawings or otherwise approved in writing by the Regional Director.

Examples of prohibited objects are:

• Rock Walls

• Timber or concrete sleepers

• Fences of any type

• Trees and/or landscaping

• Vehicle tyres

• Advertising signs

The list above is not comprehensive and, if in doubt, the property owner must seek approval from the

Department of Transport & Main Roads before carrying out any work within the road reserve.

8. NATIVE TITLE

Regarding Native Title this Department makes no warrant as to the existence or non-existence of native

title interests over any land within the boundaries of the state-controlled road reserve proposed to be

used for the construction and/or maintenance of a property access. It is a requirement of this Department

that the property owner/applicant complies with Section 24JB Subsection 6 of the Native Title Act

(Commonwealth) 1993.

9. CULTURAL HERITAGE

The owner/s must undertake searches to determine whether there are any Cultural Heritage sites along

the route of the proposed access. These sites may be of significance to either indigenous or non-

indigenous persons or groups. All costs associated with complying with Cultural Heritage requirements

shall be borne by the owner/s of the proposed access.




M.S.4-4 (10/03/010)



OWNERS ACCEPTANCE OF CONDITIONS

The owner shall, by signature below, acknowledge acceptance of these conditions and forward, before commencement of construction, to:

The Regional Director Department of Transport & Main Roads PO Box 62 MACKAY QLD 4740

Local Authority: .....................................................................................................

Road: ......................................................................................................................

Location: ................................................................................................................

Owner’s Name: ......................................................................................................

Owner’s Signature: ........................................... Date: ......................................




M.S.4-4 (10/03/010)



APPENDIX A

APPROACH SIGHT DISTANCE – VISIBILITY TRIANGLE

URBAN ACCESSES

TABLE OF SIGHT DISTANCES - URBAN

Design Speed (kph) ASD (m)

40 33

50 47

60 63

70 82

80 103

ASD _ Refer Table ASD _ Refer Table

5m

Edge line

Edge line or lip of channel

Access Vehicles within the sight

triangle are to be clearly visible

to each other at all times

Sight line

Sight line

No permanent sight

obstructions permitted in

these areas

Traffic Lane

Traffic lane




M.S.4-4 (10/03/010)



APPENDIX B

APPROACH SIGHT DISTANCE – VISIBILITY TRIANGLE

RURAL ACCESSES

** ESD applies only if specified, in writing, by Transport & Main Roads

TABLE OF SIGHT DISTANCES - RURAL

Design Speed (kph) SISD(m) ESD(m)**

70 150 220

80 185 305

90 215 400

100 255 500

110 300 500

Access

5m

Road shoulder

Road shoulder

Sight line SISD or ESD** SISD or ESD**

Vehicles within the sight triangle

are to be clearly visible to each

other at all times

No permanent sight

obstructions permitted in

these areas

Traffic lane

Traffic lane

Edge line

Edge line


PROPOSED DWELLING

YAKAPARI SEAFORTH

ROAD

NOTE:100% ROOF DRAINAGE TO WATER TANKS

120m APPR

OX

FFL=51.3

Drawing No

Scale

Date

Sheet No

Size A3Client

Project of

Issue

Location

Title1 : 7500

945 YAKAPARI-SEAFORTHRD, MOUNT JUKES

NEW DWELLING

R. & L. VELLA

1

10-086

JULY 2011

D FOR CONSTRUCTION

12

SITE PLAN

Real Property DescriptionLOT No.

PLAN No.

PARISH

COUNTY

AREA

2

SP 200090

OSSA

CARLISLE

0.00 m²191.67ha

N


matthewi

Manual DA & Date

BED 2

GARAGE

2156

PAN

ELIF

T

DINING

STUDY

PANTRY

BACKPATIO

KITCHEN

DW

F

F

BED 4 LIVING

N

GAMESROOM

820

STORAGE

WCBATH.

BRO

OM

L'DRY

BENC

H

ENTRY

TV /

MED

IA

ROBE

ROBE

FRONT PATIO

820

BED 3 BEDROOM 1

LINEN

2118SGD

820

T

WM

820

770

820

LINEN LINEN

820820

ROBE

520x2

1818 XO

520x2 770 CSD

770 CSD MV

0606

XO

ROBE

ENS.

W.I.R

1818 XO 1818 XO 1818 XO 1818 XO

0624

OXX

O

0606 XO 1218 OXXO 2145STACKER

1224 OXXO

2145STACKER

1806

DH

0 2000 220 3130 60070600 3100 70 3100 60070 2000 70 5380 70 3020 60070 4000 70 2440 220

70 4440 220

2000 11340 2440 15720 2000

33500

220 6000 70 2700 50070 1000 70 2860 70 5350 4000 70600 5190 220 4510

6440 12450 4840 5260 4510

6440 7160 7300 8090 4510

2400

220

5130

7039

0022

050

00

1000

2000

220

3460

7010

0060

070

3300

220

2700

2300

1000

2000

220

3460

7010

0070

6600

220

2300

1000

2000

220

3760

7046

7022

050

00

1000

2000

220

3760

7012

0040

7022

044

00

2000

220

4100

7043

3022

060

044

00

2000

220

3030

7016

0022

038

0060

0

1818 XO

1806

DH

SHEL

VES

A6

A6

920

STO

RE

1218 OXXO

FRONT PATIO

DESK

DP

DP

12360 4400 16740

DP DP

DP DP

DP

DPDP

DP

2900

2100

3800

3240

1900

2000

1000

DP

S S

2300

7040

4600

600

2400

1694

0

Drawing No

Scale

Date

Sheet No

Size A3Client

Project of

Issue

Location

Title 1 : 100


NEW DWELLING

R. & L. VELLA

2

10-086

JULY 2011

D FOR CONSTRUCTION

12

FLOOR PLAN

DESIGN PARAMETERSDESIGN WIND SPEEDSOIL CLASSIFICATION

FRAMING DESIGNSLAB & FOOTING DESIGN

TERMITE PROTECTION

C3CLASS P

TO AS1684BY ENGINEER

TERMIMESH OR KORDON

ELEVATIONS

4

3

2

1

FLOOR AREASLIVING 247.65 m²FRONT PATIO 82.94 m²BACK PATIO 50.59 m²GARAGE 43.45 m²Grand total 424.63 m²

0 5 m 10 m

S

DP

SMOKE ALARM

DOWN PIPE

SYMBOL LEGEND


matthewi

Manual DA & Date

Ground LevelFloor Level

Head

Roof Level

2100

300

2700

PITCH 20°

PITCH 5°

COLORBOND CUSTOM ORB ROOF SHEETING

COLORBOND METAL FASCIA AND GUTTER

COLORBOND PANEL LIFT DOOR

90mm SANDSTONE BRICK VENEER

ALUMINIUM FRAMED SLIDING WINDOW

HARDWOOD COLUMN

100Ø PVC DOWNPIPE


Head

Roof Level

300

2100 27

00

COLORBOND CUSTOM ORB ROOF SHEETING

COLORBOND METAL FASCIA AND GUTTER

ALUMINIUM FRAMED SLIDING WINDOW

HARDWOOD COLUMN


PITCH 20°

PITCH 5°

100Ø PVC DOWNPIPE

Drawing No

Scale

Date

Sheet No

Size A3Client

Project of

Issue

Location

Title 1 : 100


NEW DWELLING

R. & L. VELLA

4

10-086

JULY 2011

D FOR CONSTRUCTION

12

ELEVATIONS 1 & 2

ELEVATION 2

ELEVATION 1


matthewi

Manual DA & Date


Head

2100

300

Roof Level

2700

COLORBOND CUSTOM ORB ROOF SHEETINGCOLORBOND METAL FASCIA AND GUTTER


ALUMINIUM FRAMED DOUBLE HUNG WINDOWHARDWOOD COLUMN100Ø PVC DOWNPIPE


Head

Roof Level

300

2100 27

00

COLORBOND CUSTOM ORB ROOF SHEETINGCOLORBOND METAL FASCIA AND GUTTER

ALUMINIUM FRAMED GLASS STACKER DOORHARDWOOD COLUMN

ALUMINIUM FRAMED GLASS STACKER DOOR90mm SANDSTONE BRICK VENEER

ALUMINIUM FRAMED SLIDING WINDOWALUMINIUM FRAMED SLIDING GLASS DOOR

100Ø PVC DOWNPIPE

Drawing No

Scale

Date

Sheet No

Size A3Client

Project of

Issue

Location

Title 1 : 100


NEW DWELLING

R. & L. VELLA

5

10-086

JULY 2011

D FOR CONSTRUCTION

12

ELEVATIONS 3 & 4

ELEVATION 4

ELEVATION 3


matthewi

Manual DA & Date


Sustainable Planning Act Appeals Chapter 7 Part 1 Planning and Environment Court: Division 8 – Appeals to court relating to development applications 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.



NOTICE OF INTENTION TO COMMENCE USE

Planning Approval DA-2011-273

Date of Approval 18-Nov-2011

Approved Material Change of Use - Dwelling House (Steep Land Overlay)

Location Lot 2 Kuttabul Mount Jukes Road, MOUNT JUKES QLD 4740

Property Description Lot 2 on SP200090 I am hereby notifying you of my intention to commence the approved use on ______________________________ (insert date). I have read the conditions of the above Decision Notice and believe that all the applicable conditions have been complied with. Applicant: Leanne E Vella and Richard C Vella Address: C/- Development Certification, PO Box 1155, AITKENVALE QLD 4814

_________________________________________ Signature of Applicant Date: ______________


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