Planning Committee Meeting Minutes - Bundaberg … MADE DATE 29 February 2012. Application changed...

Planning Committee Meeting Minutes

Council Chambers, Bundaberg

16 December 2014

1.00 pm

Present: Cr DJ Batt (Acting Mayor), Cr AG Bush, Cr AL Ricciardi, Cr WA Honor, Cr VJ Habermann OAM, Cr GR Barnes, Cr DE Rowleson, Cr CR Sommerfeld (Chairman), Cr JA Peters and Cr LG Forgan Moved by Cr DJ Batt, seconded by Cr VJ Habermann, That Cr M Forman’s attendance by teleconference be accepted. - Carried unanimously. Officers: Mr PJ Byrne, Chief Executive Officer Mr AW Fulton, General Manager Infrastructure & Planning Services Mr M Ellery, Group Manager Development Mr R Jenner, Development Assessment Manager Miss GB Downie, Senior Planning Officer Mr A Johnston, Senior Development Engineer Miss NK Launchbury, Senior Executive Assistant Mrs WE Saunders, Executive Services Co-ordinator

Minutes of Planning Committee Meeting

Meeting held: 16 December 2014

Minutes 16 December 2014

Item Number:

B1

File Number:

Part:

Minutes

Subject:

Confirmation of Minutes

Resolution Cr AL Ricciardi moved:- That the Minutes of the Planning Committee Meeting held on 5 November, 2014, be taken as read and confirmed. Seconded by Cr LG Forgan - and carried unanimously without debate.




Item Number:

L1

File Number:

325.2012.34482.1

Part:

DEVELOPMENT ASSESSMENT

Portfolio:

Infrastructure & Planning Services

Subject:

106 FE Walker Street, Kepnock - Material Change of Use for Commercial Activity C - Major Shopping Complex and Service Station in three (3) stages and Operational Works – Advertising Devices (Signage)

Summary: APPLICATION NO 325.2012.34482.1 PROPOSAL Material Change of Use for Commercial Activity C - Major

Shopping Complex and Service Station in three (3) stages and Operational Works – Advertising Devices (Signage)

APPLICANT Janam Pty Ltd OWNER Janam Pty Ltd PROPERTY DESCRIPTION Lot 900 SP261837 ADDRESS 106 FE Walker Street, Kepnock PLANNING SCHEME Planning Scheme for Bundaberg City ZONING Residential ‘A’ and Community (Local Area 6) OVERLAYS Acid Sulfate Soils, Bundaberg Airport and Flood Management LEVEL OF ASSESSMENT Impact SITE AREA 10.01 ha CURRENT USE Dwelling house PROPERLY MADE DATE 29 February 2012. Application changed 20 August 2013, 20 &

23 November 2013 and 22 October 2014 STATUS The 20 business day decision period ends on 15 December

2014 REFERRAL AGENCIES Department of Transport and Main Roads NO OF SUBMITTERS Round 1- 66 properly made submissions

Round 2- 60 properly made submissions Round 3- 43 properly made submissions

PREVIOUS APPROVALS Nil applicable to subject development SITE INSPECTION CONDUCTED

Various. Last inspection conducted 4 November 2014

LEVEL OF DELEGATION Level 3

At the request of the Chairman, the Development Assessment Manager addressed the meeting on the report; and the queries raised were answered.



Resolution Cr Peters moved:- That Development Application 325.2012.34482.1 at 106 FE Walker Street, Kepnock - be determined as follows:- DESCRIPTION OF PROPOSAL Material Change of Use for Commercial Activity C - Major Shopping Complex and

Service Station in three (3) stages; and Operational Works – Advertising Devices (Signage). DECISION

Approved in full subject to conditions The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL

The following approvals are given:-

Sustainable

Planning Regulation 2009, schedule 3 reference

Development Permit

Preliminary Approval

Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Operational work assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Deemed Approval

Section 331 of the Sustainable Planning Act 2009 (SPA) is not applicable to this decision.

2. PRELIMINARY APPROVAL AFFECTING THE PLANNING SCHEME

Not Applicable.



3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Listed below are other development permits and/or compliance permits that are necessary to allow the development to be carried out: All Building Work All Plumbing and Drainage Work All Operational Work

4. CODES FOR SELF ASSESSABLE DEVELOPMENT

The following codes must be complied with for self-assessable development related to the development approved.

The relevant codes identified in the:

Planning Scheme for Bundaberg City and Associated Planning Scheme Policies 5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS

OR WORK IN RELATION TO THE DEVELOPMENT

Not Applicable 6. SUBMISSIONS

There were 3 periods of public notification for this development application, with 66 properly made submissions received in Period 1 notification, 60 properly made submissions received in Period 2 notification, and 52 properly made submissions received in Period 3 notification. The name and address of the principal submitter for each properly made submission in each of the notification periods (x3) are as follows:-

Name of principal submitter Address 1. Raymond, Elizabeth and

Leanne Scherer 96 FE Walker Street, Bundaberg 4670

2. Ann Jarman on behalf of Wildlife Preservation Society (Bundaberg Branch)

PO Box 1215, Bundaberg 4670

3. Leanne Porter on behalf of Stockwell Development Group Pty Ltd

PO Box 3144, South Brisbane 4101

4. Grant Clements 11 Liddell Court, Bundaberg 4670 5. Shane Jensen and Alison

Findlay 6 Glen Court, Kepnock 4670

6. Jason Clements 11 Liddell Court, Bundaberg 4670 7. Leslie John and Emily Ann

Loveday 1 Glen Court, Kepnock 4670

8. Troy Crook 18 Natan Road, Mudgeeraba 4213 9. Steve Richter 102 Kepnock Road, Bundaberg 4670 10. Trevor John Versace 59 FE Walker Street, Kepnock 4670 11. Kim Ryan 5 Glen Court, Kepnock 4670 12. Anthony Cobiac and Amanda

Waldock 3 Scherer Boulevard, Kepnock 4670



13. Jacqueline Stafford 1 Khartoum St, Hendra, 4011 14. WH and DK McCarthy 88 Kepnock Road, Bundaberg 4670 15. MH Grills 9 Schmidt Street, Bundaberg 4670 16. Annette and Peter Greaves 1 Clay Court, Kepnock 4670 17. Trunquillo Asnicar 8 Carswell Court, Kepnock 4670 18. Lynette La Black 63 Kepnock Road, Kepnock 4670 19. Sandra Livingstone on behalf

of AMP Capital PO Box R227, Royal Exchange, Sydney NSW 1225

20. Kerry Clements 11 Liddell Court, Kepnock 4670 21. William Clements 11 Liddell Court, Kepnock 4670 22. Kaye Merrett 21 Schmidt Street, Bundaberg 4670 23. Ron Walsh 24 Scherer Boulevard, Kepnock 4670 24. Arthur Wedemeyer 85 FE Walker Street, Kepnock 4670 25. Jodi Donohue PO Box 594, Clayfield 4011 26. Rosemary Da Maren 1 Glover Street, Kepnock 4670 27. Alasdair Reid on behalf of

Mirvac Funds Limited Level 26, 60 Margaret Street, Sydney NSW 2000

28. Marjory Svensson 98 FE Walker Street, Kepnock 4670 29. Marilyn Hall 72 Leivesley Street, Bundaberg 4670 30. S and J Bradley 13 Schmidt Street, Kepnock 4670 31. Joy A Dahl 3 Carlyle Court, Unit 118, Carlyle

Gardens, Bargara 4670 32. M and A Findlay 3 Liddell Court, Kepnock 4670 33. D and D Wynter 14 Schmidt Street, Kepnock 4670 34. Jeffrey Meyer 2 Glen Court, Bundaberg 4670 35. Mike Collins C/- Core Business

Management Advice Pty Ltd K1, U16 Innovation Parkway, Birtinya 4575

36. B.M. and D.D. Nicolai 7 Liddell Court, Kepnock 4670 37. HA Curran 115 FE Walker Street, Kepnock 4670 38. SR and MJ Curran 43 Wilson Street, Kepnock 4670 39. PT and KL Curran 117 FE Walker Street, Kepnock 4670 40. Geoffrey McKenzie Ferguson 10 Carswell Court, Kepnock 4670 41. Peter Lines and George Hill Unit 2/20 Scherer Boulevard, Kepnock

4670 Unit 1/22 Scherer Boulevard, Kepnock 4670

42. Jim and Dawn Killen 7 Ward Court, Kepnock 4670 43. Bevan and Edith Rossow 32 Pizzey Street, Kepnock 4670 44. Robyn Dixon 37 Pizzey Street, Kepnock 4670 45. Janice O’Neill 3 Glen Court, Bundaberg 4670 46. Lorraine Morris 39 Hilltop Parade, Avoca 4670 47. Barry and Anne-Louise

Jacobsen 102 FE Walker Street, Kepnock 4670

48. Ellen Leis 41 Gaffel Street, Bundaberg 4670 49. Darryl Scherer 75 Langbeckers Road, Thabeban 4670 50. Ian and Val Edwards 6 Ward Court, Kepnock 4670 51. Paul Formosa Watsons Road, Bundaberg 4670 52. Joe Formosa Watsons Road, Bundaberg 4670 53. Pam and Bob Ross 92 Kepnock Road, Bundaberg 4670



54. Jean Hill 100 Kepnock Road, Bundaberg 4670 55. Norman and Lorraine Crook 96 Kepnock Road, Bundaberg 4670 56. Mary Walsh 24 Scherer Boulevard, Bundaberg 4670 57. Robert Strachan 16 Scherer Boulevard, Kepnock 4670 58. Ron and Shirley Hunter 10 Liddell Court, Kepnock 4670 59. Gino Dalla Rizza 78 Kepnock Road, Kepnock 4670 60. DJ Lynch and JR Tallon on

behalf of Friends of Baldwin Swamp and Concerned Residents

48 Hunter Street, Bundaberg 4670 119 Targo Street, Bundaberg 4670

61. Mike Edgar on behalf of KRAG 24 Scherer Boulevard, Kepnock 4670 62. Nicole Sempf 82 Kepnock Road, Bundaberg 4670 63. Graeme Learmonth 56 FE Walker Street, Bundaberg 4670 64. John Learmonth 56 FE Walker Street, Bundaberg 4670 65. Trevor Stafford 117 Mein Street, Brisbane 4011 66. Karen Scherer 75 Langbeckers Road, Thabeban 4670 67. Patricia Edgar 50 Branyan Street, Bundaberg 4670 68. Alison Jensen 6 Glen Court, Kepnock 4670 69. PE Soper 29 Watsons Road, Bargara 4670 70. Kevin and Flora Holcroft 60 Clive Crescent, Bundaberg 4670 71. Valerie Hill 100 Kepnock Road, Bundaberg 4670 72. Gladys M Beetham 58 Kepnock Road, Kepnock 4670 73. Jean Bunyoung 106 Kepnock Road, Bundaberg 4670 74. David Bunyoung 106 Kepnock Road, Bundaberg 4670 75. Mary Wilkinson 55 Avoca Street, Avoca 4670 76. Steven Csillag 98 Kepnock Road, Kepnock 4670 77. Jacqueline Stafford 1 Khartoum Street, Hendra 4011 78. J and L Routledge 4 Edgar Street, Kepnock 4670 79. Rosalie Witt 11 Clive Crescent, Kepnock 4670 80. Donald Robert West 10 Greatheads Road, Kepnock 4670 81. D and WB Ferguson 35 Pizzey Street, Kepnock 4670 82. EP Lynch 48 Hunter Street, Walkervale 4670 83. DJ Lynch 48 Hunter Street, Walkervale 4670 84. JL Andrews 29 Novakoski Street, Kepnock 4670 85. Lynette Muller 3 Grier Street, Bundaberg 4670 86. Geoffrey Driver 8 Schmidt Street, Kepnock 4670 87. Pamela Driver 8 Schmidt Street, Kepnock 4670 88. K Kendrick 5 Clive Crescent, Bundaberg 4670 89. GB Cooper 75 Clive Crescent, Kepnock 4670 90. John MacFarlane 5 Steuart Street, North Bundaberg 4670 91. Michael and Kim Pattinson 54 Kepnock Road, Bundaberg 4670 92. Jo Turner on behalf of AMP

Capital Shopping Centres Pty Limited

PO Box R227, Royal Exchange, Sydney NSW 1225

93. Judy O’Donoghue 103 FE Walker Street, Bundaberg 4670 94. V Harrison 2/102 FE Walker Street, Bundaberg

4670 95. Janet R Tallon 119 Targo Street, Bundaberg 4670 96. TJ and MF McCrystal 56 Kepnock Road, Kepnock 4670



97. John and Suzanne Tadgell 39 Greatheads Road, Bundaberg 4670 98. Gerald Robert Hobdell 22 Sydney Street, Kepnock 4670 99. A Dansie 5 Row Street, Kepnock 4670 100. Anne Findlay 3 Liddell Court, Kepnock, 4670 101. Peter D Hamilton 19 Novakoski Street, Kepnock 4670 102. Spencer and Phyllis

Freemantle 1/18C Kepnock Road, Bundaberg 4670

103. Maurice and Anne Findlay 3 Liddell Court, Kepnock 4670 104. Rachel Findlay 93 Oakwood School Road, Bundaberg

4670 105. Terrianne Meadmore 161 Arthur Street, Fortitude Valley 4006 106. Guilia Pierina Ferguson 10 Carswell Court, Kepnock 4670 107. Trevor Stafford 1 Khartoum St, Hendra 4011 108. Terence and Valerie Brown 3 Glover Street, Kepnock 4670 109. Tony Poile, Mirvac Funds

Limited Level 26, 60 Margaret Street, Sydney NSW 2000

110. Bruce Jones 12 Marcellos Street, Avenell Heights 4670

111. Joyce and Edwin Cross 30 Wilson Street, Kepnock 4670 112. Tania Willett 16 Foreshore Pde, Bargara 4670 113. Kaye Tuck 15 Scott Street, Burnett Heads 4670 114. Sue Gilchrist 15 Ocean Street, Burnett Heads, 4670 115. RG Bitcon 7/15 Esplanade, Bargara 4670 116. Stephen Donohoe 15 Schmidt Street, Kepnock 4670 117. Neil Berry 8 Lathouras Court, Bundaberg 4670 118. Wilma Berry 8 Lathouras Court, Bundaberg 4670 119. GW and GD Plath 10 Dixon Street, Kepnock 4670

7. CONFLICT WITH A RELEVANT INSTRUMENT AND REASONS FOR THE

DECISION DESPITE THE CONFLICT

The assessment manager does consider that the assessment manager’s decision conflicts with a relevant instrument.

Details of the conflict with the relevant instrument

Reason for the decision, including a statement about the sufficient grounds to justify the decision despite the conflict

Planning Scheme for Bundaberg City (Version 2), in particular: Commercial Strategy- section

3.8 - which specifies that additional major centres are inappropriate during the life of the planning scheme;

City Image and Cultural Heritage Strategy - section 9.4 - which specifies that buildings should be consistent with the desired character of an area; this

The reasons for approval are summarised as follows: The development is generally

consistent with the DEOs of the Bundaberg City Plan;

The subject land forms part of a broader growth area in the eastern part of Bundaberg City, which has a total area of over 800 hectares, and which has the potential to provide housing for more than 12,000 people (approx. 5000 dwellings) over the next 20+ years. The



being specified as ‘residential’ in Local Area 6; and

Local Area 6 - Eastern Bundaberg- point 4 - that requires the predominant character of low-density residential development within the Residential A Precinct to be maintained.

subject development will aid in supporting the significant growth identified, being in proximity to establishing residential com-munities;

With the application of conditions, the building and its associated landscaping will be appropriate for the area and provide a high level of presentation to the major road that it addresses;

Whilst the Planning Scheme does not anticipate major retail development in Local Area 6, it has been demonstrated that there is an economic need for the proposal and that significant employment opportunities will result from the establishment of the development. The site is considered to be a logical and appropriate location for the activity sought and will be capable of servicing Eastern Bundaberg and coastal residential areas in the regional area;

Given the assessed suitability of the site for retail and commercial purposes, its accessibility and its proximity to an existing shopping facility (Aldi) and the recently approved Masters Home Improvement Store, it is considered that the proposal will bring about a consolidation of activities in a strategically located centre for eastern Bundaberg;

The Activity Centres and Industrial Land Study by Urban Economics identified the need for a District Centre in eastern Bundaberg. The proposal will satisfy that need and is generally in accordance with conceptual structure planning undertaken by Council and reflected in the notified draft Bundaberg Region Planning Scheme;

The development will not undermine the role and primacy of the Bundaberg CBD as the highest order retail destination in the region.



Further, the impacts on existing centres are considered to be of an order which can be adequately absorbed by these centres and will not adversely affect the overall provision of goods and services to the community over time;

The proposal is appropriate from a traffic perspective and will not result in adverse impacts on the surrounding network, subject to the application of conditions.

The development will result in the provision of essential infrastructure, in particular the establishment of the new road reserve will enable a future flood free connection through to FE Walker Street from Greathead Road;

The proposal will not unreasonably impact on the amenity of existing residential allotments;

The current Bundaberg City Plan (which took effect March 2004), has been “overtaken by events” including the Bundaberg Ring Road, the establishment of the Aldi store, the approval of the Masters development adjoining the site and residential development in Ashfield;

The proposal furthers the State interest of economic growth through development and construction, in that it will facilitate commercial development and create additional employment, both during the construction period, and more importantly, on an ongoing basis once the development is completed and operational.

8. REFERRAL AGENCY

The referral agency for this application is:



For an application involving

Name of referral agency

Advice agency or concurrence agency

Address

State-controlled road Abutting a State-

controlled Road- Schedule 7, Table 3, Items 1 and 2; and

Public Passenger Transport and Railway Efficiency- Schedules 12 and 13.

Department of Transport and Main Roads

Concurrence Department of Transport and Main Roads

Wide Bay/Burnet Region (Bundaberg)

Locked Bag 486

BUNDABERG 4670

9. APPROVED PLANS

The approved plan/s and/or document/s for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date DA0.100, revision C Existing Site Plan 15/9/14 DA0.101, revision F Stage 3- Complete 18/9/14 DA0102, revision L Proposed Site Plan- Retail Level- Stage 3-

Complete 18/9/14

DA0.103, revision G Proposed Site Plan- Lower Level Carpark- Stage 3- Complete

15/9/14

DA1.110, revision J Stage 1- Site Plan 18/9/14 DA1.112, revision E Stage 1- Lower Car Park Level Plan 18/9/14 DA1.300, revision B Stage 1- Elevations 15/9/14 DA2.110, revision H Stage 2- Petrol Station 18/9/14 DA3.300, revision B Stage 3- Elevations 15/9/14 DA3.301, revision B Stage 3- Elevations 15/9/14 DA5.350, revision B Stage 3- Proposed Sections 15/9/14 DA5.351, revision B Stage 3- Proposed Sections 15/9/14 LK-01, issue D Landscape Key 10/10/14 LC-01, issue E Kepnock Shopping Centre Staging Plan 17/10/14 LC-02, issue E Kepnock Shopping Centre Stage 1 & 2 17/10/14 LC-03, issue E Kepnock Shopping Centre Stage 3 17/10/14 LC-04, issue E Kepnock Shopping Centre - Balance of Site 17/10/14 LC-05, issue D Northern and Eastern Elevation 10/10/14 LC-06, issue E Southern Elevation & Stormwater Easement

Section 17/10/14

LC-07, issue C Section Details 10/10/14 LC-08, issue A Plant Schedule and Design Images 10/10/14

10. WHEN APPROVAL LAPSES IF DEVELOPMENT NOT STARTED

Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.



11. REFUSAL DETAILS

Not Applicable

12. CONDITIONS ABOUT INFRASTRUCTURE

The following conditions about infrastructure have been imposed under Chapter 8 of the Sustainable Planning Act 2009:

Condition/s Provision under which the Condition was imposed

22,35,36,37,38,39,40,41,42,43,45,48b,49,50,52,53 Section 665 – Non-trunk Infrastructure

47, 48a Section 646 – Identified Trunk Infrastructure

Nil Section 647 – Other Trunk Infrastructure

SCHEDULE 1 CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER

PART 1A – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER- MATERIAL CHANGE OF USE

General

1. Meet the full cost of all works and any other requirements associated with this development, unless specified in a particular condition.

2. Where there is any conflict between Conditions of this Decision Notice and details shown on the Approved Plans, the Conditions prevail.

3. Comply with all of the conditions of this Development Permit prior to the commencement of the use, unless otherwise stated within this notice, and maintain compliance whilst the use continues.

Air Conditioners

4. All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the adjoining street frontages or adjoining properties.

5. Air conditioning units must be designed, installed, maintained and operated so that noise emissions are within the limits imposed by the Environmental Protection Act, Regulations and Policies.

Building Design

6. Prior to approval of building works for Stage 3 of the development, submit to and gain approval from Council for a revised northern elevation of the building incorporating materials, colours or façade treatments that will enhance the FE Walker Street frontage.

7. Ensure that all materials and finishes selected are easily maintained and do not readily stain, discolour or deteriorate.

8. Ensure that appropriate surveillance of the loading area is provided to ensure that it is not a vulnerable place for public safety purposes.



Construction Management

9. Unless otherwise approved in writing by the Assessment Manager, do not undertake building work in a way that makes audible noise:

a. On a business day or Saturday, before 6.30 am or after 6.30 pm; or

b. On any other day, at any time.

10. Contain all litter, building waste and sediments on the building site by the use of a skip/s and any other reasonable means during construction to prevent release to neighbouring properties or roads.

11. Remove any spills of soil or other material from the road or gutter upon completion of each day’s work, during construction. These material spills and accumulated sediment deposits must be managed in a way that minimises environmental harm and/or damage to public and private property.

12. A detailed construction management plan (CMP) is to be prepared and submitted to the Assessment Manager for endorsement in association with the Operational Works application of each stage of development, detailing the construction methodology and controls to be employed to manage potential off site impacts relating to noise, dust, or other emissions, sediment and erosion controls and other identified impacts to receiving environments external to the development site.

13. Comply with the approved CMP during all construction phases of the development.

Earthworks/Spoil

14. The subject land must at all times be left in a clean and tidy state with no spoil from earthworks or construction waste to be left within the balance area and disturbed areas must be grassed.

Development in Stages

15. Develop the site in accordance with the stages identified on the Approved Plans with the stages to be developed in the consecutive numeric order of each stage as identified on the plan. The Applicant must comply with each condition of this development approval as it relates to each stage, unless otherwise specifically stated in the condition.

Extent of Approved Use

16. The Discount Department Store in Stage 3 of the development must not commence trading before 1 July 2018.

17. The approved use Commercial Activity C - Major Shopping Complex may incorporate any combination of the following uses where located in the approved building marked as “Shopping Centre” on plan number DA 101F:

a. Amusement Centre;

b. Bakery product manufacturing;

c. One (1) Discount Department Store;

d. Dry cleaning/Laundromat;

e. Any mix of Government, statutory authority, business or professional office or studios so long as the total gross floor area of such uses does not exceed 500m2;

f. computer services;



g. Hairdressers;

h. Locksmiths;

i. Medical or dental centre premises;

j. Engraving and trophy manufacture;

k. Picture framing;

l. Provision of meals and refreshments;

m. Restaurant;

n. Shop;

o. One (1) Full-line Supermarket;

p. Veterinary clinic; and

q. Other activities consistent with the use of the premises for a major shopping complex where approved in writing by the Manager Development Assessment.

This approval does not authorise the use of the site for activities including Cinema, Theatre and Nightclub and these activities must not be carried out on the land unless the subject of subsequent development approvals.

Landscaping

18. A landscape plan must be submitted to and approved by the Assessment Manager prior to the commencement of any landscaping works. The plan must be generally in accordance with the Approved Plans, have regard to the conditions of this approval and include, but not be limited to, the following features:

a. The area or areas set aside for landscaping;

b. Location and name of existing trees;

c. A plan and schedule of all proposed trees, shrubs and ground covers which identifies:

i. The location and sizes at planting and at maturity of all plants;

ii. The utilisation of native species which are tolerant of local environmental factors (the Plant Species List contained within Council’s Landscaping Planning Scheme Policy is a guide to species selection; the botanical and common names of plants must be provided.). No exotic plants are to be specified;

d. The location of all areas to be covered by turf or other surface material including pavement and surface treatment details;

e. Measures to ensure that the planted trees will be retained and managed to allow growth of the trees to mature size;

f. Specification of the root containment method to be used for trees adjoining footpaths or kerbing;

g. Details of any landscaping structures;

h. Details of cutting and filling and all retaining structures and fences and associated finishes;

i. Contours or spot levels;



j. Fence size and materials;

k. Inclusion of a controlled underground or drip irrigation system. Any such system is to be fitted with an approved backflow water prevention device;

l. Location of any drainage, sewerage and other underground services and any overhead power lines;

m. Property boundary garden/landscape bed edge walls must be provided with sleeper or equivalent retaining walls to contain the garden material within the site. Such walls must be constructed to a height that is at or above the adjacent kerb or sealed car parking areas;

n. Landscaping to the full length of the site’s southern property boundary in association with the first Stage of development, with trees to be provided as detailed in Section 2: Southern Buffer zone in ‘Section Details’, drawing no. LC-07 and prepared by LVO;

o. Amendments to the landscape buffer to the north of Stage 1 to:

i. Include melaleucas in the inundation area identified as ‘2b’ in the key of ‘Kepnock Shopping Centre Stage 1 & 2, drawing no. LC-02 and prepared by LVO, at a density that will result in a minimum of 50% of the Stage 1 elevation to FE Walker Street being screened by vegetation, upon maturity. Trees must be placed either side of the pipe and provided with appropriate root barriers; or

ii. Identify landscaping in the zone to the south of the inundation area ‘2b’, including lower, middle and upper storey planting, with narrow and columnar trees at a density that will result in a minimum of 50% of the Stage 1 elevation to FE Walker Street being screened by vegetation, upon maturity;

p. Replacement of trees with shrubs in the zone to the north of inundation area ‘2b’ where frangibility is an issue;

q. The utilisation of tree and groundcover species in the entry median that are able to maintain their own compact habit;

r. Remove references to ‘wire trellises with concrete supports’ and replace with the 4.0m high decorative screens around loading areas as shown on the approved architectural plans and elevations prepared by Thomas Adsett. Trellises may be appended to these solid screens;

s. Landscaping, in the form generally shown on the approved plans, to the buffer area to the north of Stage 3 of the building, that will result in a minimum of 50% of the Stage 3 elevation to FE Walker Street being screened by vegetation, upon maturity;

t. The location of all mounding associated with Stage 3 landscaping to FE Walker Street being fully contained within the subject site;

u. One (1) tree for each six (6) car parking spaces, excluding undercroft car spaces; and

v. The provision of a high aesthetic standard of retaining wall to the edge of the detention basin utilising proprietary concrete, sandstone, or a “faced” retaining wall structure.



19. Complete landscaping shown on the endorsed plans prior to the commencement of the use and maintain all landscape works in accordance with the Approved Plan whilst the use continues.

Lighting

20. External lighting used to illuminate the premises must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

New Street Names

21. Street names must be submitted to and approved by the Assessment Manager prior to the commencement of the approved use associated with this approval. A written request for the proposed naming of streets must be submitted that includes three (3) suggested road names for each new street in the development that:

a. Reflect aspects of the area in which the streets are located, including historical names, unless otherwise determined by the Assessment Manager. The order of preference in allocating street names will be:

i. Historical persons / Historical place names;

ii. Other relevant aspects (eg. local flora and fauna); and

iii. Themed street names. Where ‘themed’ names are proposed, a list of street names for the entire development must be submitted as part of the Operational Works application for Stage One of the development;

b. Are nouns and generally contain one (1) word. Composite words may be acceptable when they supplement the primary name; and

c. Are unique and unambiguous to the Bundaberg Regional Council local government area.

(Note: where a street is extended, the new section created will retain the name of the street extended.)

22. Supply and erect all necessary street signs and posts.

Noise

23. Any noise produced by the use must not exceed the following noise levels, measured at any noise sensitive receptor:

Noise Attenuation

All noise sources

Daytime (7 am – 6 pm) 50 dB(A) La90,T

Evening (6 pm - 10 pm) 51 dB(A) La90,T

Night-time (10 pm – 7am ) 43 dB(A) La90,T

For Varying or Impulsive Noise Sources

Daytime (7 am – 6 pm) 53 dB(A) La10, adj,T

Evening (6 pm - 10 pm) 52 dB(A) La10, adj,T

Night-time (10 pm – 7 am) 55 dB(A) Lmax, adj,T



24. Submit an acoustic report, prepared by a suitably qualified person, at the final design stage for each stage of the development, when the precise number of items of plant and equipment will be known, as well as their location and associated noise levels. In the event that calculations show that an item of plant and/or equipment exceeds the noise limits specified in condition 23 above, noise control measures which provide adequate attenuation will be required to be detailed and approved by Council, prior to the issuance of a development permit for building works.

25. Where noise control measures are required, certification must be submitted to the Assessment Manager from a suitably qualified person prior to commencement of use, which certifies that the measures have been constructed in accordance with the approval required in condition 24 of this permit.

Vegetation Clearing

26. Restrict vegetation removal to the trees identified on the Approved Plans.

27. Chip, mulch or dispose of cleared vegetation at a Council approved green waste disposal facility or salvage timber for reuse. No burning of cleared material is permitted unless otherwise approved in writing by the Assessment Manager.

Waste Management

28. Provide a sufficient area for the storage of all waste bins. This area must be sealed, screen fenced and designed so as to prevent the release of contaminants to the environment.

29. Maintain and operate an adequate waste disposal service, including the maintenance of refuse bins and associated storage areas so as not to cause any nuisance, to the satisfaction of the Assessment Manager.

End of Trip Facilities – Cycle Parking

30. Install and maintain 13 secure bicycle parking spaces for employees and 13 secure bicycle parking spaces for customers as part of Stage 1 of the development. At the completion of Stage 3 of the development, a minimum of 35 secure bicycle parking spaces for employees and 35 secure bicycle parking spaces for customers (including the 26 spaces required as part of Stage 1 and 2 spaces for Stage 2) must be installed and maintained on the site. Customer cycle parking must be located in a visible area close to the entrance of each building.

31. Provide one (1) locker for every two (2) staff cycle parking spaces at convenient location/s within the shopping centre facility.

32. Provide informational and directional signage where necessary to direct cyclists to bicycle parking spaces and advise the public of their presence.

External Storage of Materials

33. Ensure goods, equipment, packaging material or machinery is not stored or left exposed outside the building so as to be visible from any public road or thoroughfare. Any storage on site is required to be screened from view from all roads and adjacent properties.

Loading/Unloading

34. Loading and unloading of all vehicles associated with the use must occur on the subject site. Loading and Unloading is not to occur in the areas specified for taxis and setdowns.



Water

35. Provide reticulated water supply to all stages. Works must include network modelling with main sizing to be finalised in association with Operational Works approval and must include all necessary upgrades of Council infrastructure to ensure that downstream properties are not adversely affected by the increased demand of the proposed development.

36. Provide a metered service, and internal infrastructure as required, satisfying the fire fighting and water supply demands of the development.

Stormwater

37. Install a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and the Queensland Urban Drainage Manual. The works must also: a. Prior to the submission of operational works for the first stage of the

development show how the premises will maintain the pre-development flow regimes both upstream and downstream of the subject land and as such the following must be provided with the first operational works application:-

i. A detailed bulk earthworks and drainage layout plan for the proposed works within the subject land. This bulk earthwork and drainage layout plan will then form the basis of the Approved Works Plan;

ii. A 2D XP SWMM model incorporating rainfall events up to the Q100 ARI event (inclusive of climate change). Such modelling must also demonstrate that the Approved Works:

A. Incorporate as much flood storage as possible;

B. Incorporates flows from upstream catchments, including but not limited to, the overland flows from the catchment south of Kepnock road;

C. Makes provision for the future diversion works of the 3/600 RCP pipes and associated works to an outlet approximately 30 metres downstream of the current location and the provision of inlet pits to the existing stormwater manholes;

D. Demonstrates staging for any works;

E. Outlines any works within the State-controlled road reserve;

F. Models and caters for blockages to the outlet pipes in accordance with Queensland Urban Drainage Manual guidelines; and

G. Demonstrates how the premises will not increase in the flood and stormwater hazard, including but not limited to maintaining depths, hydraulic grade lines and peak flows of stormwater for properties external to the development site;

iii. At the successful outcome of condition 37a (i) and (ii), provide to Council a ‘Kepnock Centre Drainage Study’ report that clearly enunciates the method and outcomes of the 2D XP SWMM modelling.

b. Incorporate the works described in section 6 – 8 and appendix C of the Opus Site Based Stormwater Management Report (revision G);

c. Include the registration of a new or modified Easement II in lot 100 on SP 179035 (the “New Easement”) to incorporate works in the Easement;



d. Have low maintenance batter planting within the New Easement;

e. Include internal stormwater drainage designed and constructed in accordance with the requirements of the Queensland Urban Drainage Manual and Bundaberg Regional Council, i.e., a piped system with a capacity to cater for 10 ARI flows, with overland flowpaths to be provided for a capacity of Q100ARI less piped flow;

f. Demonstrate unimpeded flows from adjacent properties;

g. Provide detention storage that will cater for the increased stormwater runoff from the premises so that the discharge from the subject land is limited to pre-development generated peak levels up to and including Q100 ARI flows;

h. Demonstrate how the internal works will be maintained by the property owner to best practice standards with a high level of visual amenity;

i. Incorporate the requirements of DTMR; and

j. Be designed in a manner that does not direct stormwater flows to Lot 1 on SP 172085 being 128 Walker Street.

Roadworks, Access, Car Parking

38. Dedicate a new road reserve as part of the first stage of development on the subject land sufficient to contain the new collector road and pedestrian pathway as given in condition 49, with the development site and balance area to be retained as one lot – unless otherwise approved by a subsequent reconfiguring a lot permit. The new road reserve must be generally as indicated on Thomson Adsett Proposed Site Plan – Retail Level – Complete – Plan No. DA0.102L, with a minimum width of 20 metres. Such new road reserve must also align and be contiguous with the proposed road reserve that connects to the link road at the adjoining boundary being Lot 1 on SP172085 and as provided in the Decision Notice for the Masters Home Improvement Store dated 2 September 2014.

39. Construct new roads within the new road reserve generally as indicated on Thomson Adsett Proposed Site Plan – Retail Level – Complete – Plan No DA0.102L (the Plan) and to the following requirements:

a. All roadways must be sealed with asphaltic concrete;

b. Provide concrete kerb and channelling on each side of all roadways to the relevant standard;

c. The roadway must be constructed to a collector street standard, but with a pavement width of 11.1 metres;

d. Right turn auxiliary lanes as listed on the Plan and the Stage 2 two-way access driveway, unless as listed in condition 44; and

e. The pavement is to be designed in accordance with Austroads Pavement Design for Light Traffic: A supplement to Austroads Pavement Design Guide (AP-T36/06). The pavement specifics shall be determined at the Operational Works Stage.



40. Construction of the road required by Condition 39 may be staged in accordance with the approved staging plan. Where the entire road is not completed prior to commencement of the use of Stage 1 of the development, construct a partial roadway from the stage 1 boundary to the eastern boundary of the subject land such that a roadway is provided that connects to the proposed link road at the adjoining boundary being Lot 1 on SP172085 and as provided in the Decision Notice for the Masters Home Improvement Store dated 2 September 2014. The partial roadway section must be:

a. Constructed to a minimum width of seven (7) metres;

b. Sealed with a prime and two (2) coat seal;

c. Line-marked with a centreline;

d. Provided with table drains to convey up to Q100 ARI, or such lesser standard as approved by the Assessment Manager; and

e. Designed in accordance with Austroads Pavement Design for Light Traffic: A supplement to Austroads Pavement Design Guide (AP-T36/06). The pavement specifics shall be determined at the Operational Works Stage.

The partial road must be replaced by the full constructed road required by Condition 39 prior to the commencement of the use of Stage 3 or by 31 December 2019, whichever is the sooner.

41. The minor access to the proposed service station must be restricted to a left-in, left-out only.

42. The access driveway adjacent to tenancy 1 must not allow a right-turn out.

43. The loading area commercial driveway (lower level driveway adjacent to the FE Walker St intersection) must:

a. be constructed in a manner that limits its use to commercial vehicles only; and

b. restricts its use to a left-out exit only.

44. Prior to the submission of the stage 3 operational works:

a. Submit for approval by the Manager Development Assessment a traffic impact assessment (TIA) for access to the underground parking area, the stage 1 and 3 access point and the intersection adjacent to the service station; and

b. Incorporate such additional works in the relevant application for operational works as are deemed necessary by the TIA.

45. Provide off-street car parking and vehicle manoeuvring area for a total of 884 car parks and associated loading bays generally in accordance with Thomson Adsett Site Plan series DA0.102 and DA0.103 drawings progressively for each Stage of development (Stage 1 – 377 spaces (lower level and at grade); Stage 2 – 7 spaces (Service Station); Stage 3 – 500 spaces (lower level and at grade). Such car parking, access and manoeuvring areas must be:-

a. Constructed and sealed with bitumen, asphalt, concrete or approved pavers;

b. Line-marked into parking bays;

c. Designed to include a manoeuvring area to allow vehicles to leave the site in a forward gear;



d. Designed to include the provision of fill and/or boundary retaining walls to allow for the containment and management of site stormwater drainage as required;

e. Sign posted to indicate entry / exit points, in addition to line marking, to indicate the traffic flow through the site;

f. Drained to the relevant site discharge point;

g. Be available free-of-charge to staff and customers during operating hours; and

h. Designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities Part 1: Off-street Car Parking’.

46. As part of the Stage 1 of the development operational works demonstrate how the pedestrian crossing from Scherer Boulevard will adequately address pedestrian safety, with special attention to the left-out vehicle movement;

47. Prior to commencement of Stage 3 of development provide separate left and right turn lanes on Greathead Road between the existing roundabout and the ring road connector road t-intersection (outbound only).

Pedestrian

48. As part of Stage 1 of the development pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include:

a. A 2.0 metre concrete ribbon footpath and associated pram ramps or such greater width as required by the Bundaberg Regional Council’s Priority Infrastructure Plans for the full length of the site’s FE Walker Street frontage at kerb level with additional width as necessitated by the intersection works in accordance with Council’s Drawing 13977. Works shall include re-grading of the grassed area to suit the new footpath, with topsoiling and grass seeding to disturbed path areas as well as fill material to the footpath to remove trip hazards; and

b. A 1.5 metre (minimum) concrete ribbon pathway and pram ramp/s on the northern side and within the road verge for the entire length of the new collector roadway, generally in accordance with Council’s drawing 13977.

49. As part of Stage 3 of the development construct a 2.0 metres concrete ribbon footpath and associated pram ramps providing a pedestrian and bicycle link between Scherer Boulevard and the shopping centre development (the “Scherer Boulevard Pedestrian Access”) as depicted on approved plan - Thomson Adsett Site Plan series DA0.102L.

50. As part of Stage 3 of the development dedicate a new road reserve, connected to the new collector road, on the subject land sufficient to contain the Scherer Boulevard Pedestrian Access. The new road reserve must be generally in the location indicated on Thomson Adsett Proposed Site Plan – Retail Level – Complete – Plan No DA0.102L for the pedestrian and bicycle link from Scherer Boulevard and must be a minimum width of 10 metres.

Electricity, Street lighting and Telecommunications

51. Enter into an agreement with an approved electricity provider, to ensure that underground electricity will be available to the development site.



52. Street lighting to new roads, multi-modal pathways and intersections must be by way of provision of underground conduits and cables, poles and street lights. The design and provision of street lighting must be in accordance with Australian Standard 1158:2005. The applicable lighting category is V4 for all roadways.

53. Telecommunication conduits (ducts) and pits, including trenching and design, must be provided to service the development in accordance with 'Fibre-Ready' standards or the NBN Co Installing Pit and Conduit Infrastructure - Guidelines for Developers, to the satisfaction of the Assessment Manager.

Groundwater Bore

54. The groundwater bore within the subject land must be either decommissioned by a licensed water bore driller or be recommissioned to the satisfaction of the Department of Natural Resources and Mines. If the bore is recommissioned such works must integrated within the surrounding landscaping. Works associated with the bore are to be completed in association with Stage 1 of development.

Hours of Operation

55. Unless otherwise approved in writing by the Assessment Manager, the hours of operation of the approved use are limited to:

a. Monday to Friday – 6 am to 9 pm;

b. Saturday – 8 am to 5 pm; and

c. Sunday and public holidays – 9 am – 6 pm.

PART 1B – CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER- OPERATIONAL WORKS

1. This approval authorises the following signs as defined by the planning scheme and shown on the Approved Plans:

2. One (1) pylon sign.

3. Remove the precast concrete structure from the design of the sign and reduce the dimensions of the sign such that the overall height does not exceed 12.5 metres and the overall width does not exceed 4.8 metres.

4. Position the sign wholly within the property boundaries of the subject site.

5. All construction and maintenance work for the sign must be carried out completely within the property boundaries.

6. The sign must be maintained to a standard satisfactory to the Assessment Manager. Any structural damage must be made safe and repaired as soon as practical.

7. Lighting used to illuminate the approved sign must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

8. The sign must not include any flashing or moving lights.

9. The sign must be static and contain no moving elements.

10. All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.



PART 1C – ADVICE NOTES

Environmental Harm

A1 The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

Infrastructure Charges Notice

A2 Please find attached the Infrastructure Charges Notice (Register No: 331.2013.515.1) applicable to the approved development.

Nature and Extent of Approved Development

A3 This Decision Notice does not represent an approval to commence Building Works.

Food handling/Restaurants

A4 All operators of the approved use will be required to comply with the Food Act 2006 and Council’s minimum requirements for food premises. All necessary approvals should be obtained from the Environmental Health Services Section of Council prior to commencement of the approved use. For further information about these requirements please contact Council’s Environmental Health Services Section on 1300 883 699.

A5 Should any of the replacement structures or equipment differ from the business’s original approved plans, Council’s Environmental Health Services Section must be notified to amend details concerning the license under the Food Act 2006. This will enable Council to maintain accurate records and ensure compliance. Copies of the original plans for the premises’ food preparation areas can be obtained from Council. Plans detailing any proposed modifications should be provided to Council prior to construction. The operator is required to provide an expected completion date for any proposed work so that a pre-opening inspection can be arranged. For further information about these requirements please contact Council’s Environmental Health Services Section on 1300 883 699.

Signage

A6 With the exception of a single (1) pylon sign at the entry to the development (proximate to FE Walker Street) an Operational Works permit is required to be obtained for all signs and advertising devices associated with the development that do not comply with the self assessable criteria of the Planning Scheme in effect at the time of the proposed works.



PART 2—CONCURRENCE AGENCY CONDITIONS

The Department of Transport and Main Roads, by letter dated 8 December 2014 (copy letter attached for information). Seconded by Cr AG Bush. Following discussion thereto during which Cr DE Rowleson spoke against the Motion - the Motion was put - was carried by 9 Votes to 2 Votes.

For Against Cr DJ Batt Cr WA Honor Cr AG Bush Cr DE Rowleson Cr AL Ricciardi Cr VJ Habermann Cr GR Barnes Cr CR Sommerfeld Cr JA Peters Cr LG Forgan Cr M Forman




Item Number:

L2

File Number:

325.2014.41521.1

Part:


Portfolio:


Subject:

130 and 130A Takalvan Street, Kensington - Material Change of Use for Commercial Activity C (Major Shopping Complex), Reconfiguring a Lot (Easements for access and parking and signage) and Operational Works (Advertising Signage)

Summary:

APPLICATION NO 325.2014.41521.1 PROPOSAL Material Change of Use for Commercial Activity C (Major

Shopping Complex), Reconfiguring a Lot (Easements for access and parking and signage) and Operational Works (Advertising Signage)

APPLICANT Coles Group Property Development Pty Ltd OWNER Lot 2: Bunnings Properties Pty Ltd

Lot 6: Wide Bay Securities Pty Ltd PROPERTY DESCRIPTION Lot 2 on SP134462 and Lot 6 on SP251485 ADDRESS 130 and 130A Takalvan Street, Kensington PLANNING SCHEME Planning Scheme for Bundaberg City LOCAL AREA Local Area 3 - Takalvan Street ZONING Lot 2: Commercial Precinct (3d)

Lot 6: Community Precinct (3e) OVERLAYS Bundaberg Airport Overlay (within 3km)

Structure Plan: part Suburban Centre part Open Space, City Image Area and Existing Major Road

LEVEL OF ASSESSMENT Impact SITE AREA Lot 2: 2.089 ha; Lot 6: 8.223 ha; Total: 10.312 ha CURRENT USE Lot 2: Bunnings Warehouse and Lot 6: Brothers Sports Club PROPERLY MADE DATE 10 September 2014 STATUS The 20 business day decision period ends on 17 December

2014 REFERRAL AGENCIES Department of State Development, Infrastructure and

Planning NO. OF SUBMITTERS Two PREVIOUS APPROVALS 322.2000.1107.1 (Material Change of Use – Showroom,

Retail Hardware, Homeware and Plant Nursery; and Reconfiguring a Lot – 2 lots) 325.2010.30661.1 (Material Change of Use and Reconfiguring a Lot for Extension to Bunnings Warehouse)

SITE INSPECTION CONDUCTED 22 September 2014 LEVEL OF DELEGATION Level 3



Pursuant to Section 173 of the “Local Government Act 2009”, Cr VJ Habermann declared a perceived Conflict of Interests in this Application, as a Life Member of the Brothers Sports Club - but had considered his position and was firmly of the opinion that he could participate in debate and vote on this matter in the public interest.

At the request of the Chairman, the Senior Planning Officer addressed the meeting on the report; and the queries raised were answered.

Resolution Cr WA Honor moved:- That Development Application 325.2014.41521.1 at 130 and 130A Takalvan Street, Kensington - be determined as follows:- DESCRIPTION OF PROPOSAL Material Change of Use for Commercial Activity C (Major Shopping Complex); Reconfiguring a Lot (Easements for Access and Parking and Signs); and Operational Works (Advertising Signage) DECISION

Approved in full subject to conditions The conditions of this approval are set out in Schedule 1. These conditions are clearly identified to indicate whether the assessment manager or concurrence agency imposed them. 1. DETAILS OF APPROVAL

The following approvals are given:-

Sustainable Planning Regulation 2009, schedule 3 reference

Development Permit

Preliminary Approval

Making a material change of use assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies



Reconfiguring a lot Part 1, table 3, item 1

Operational work assessable under the planning scheme, a temporary local planning instrument, a master plan or a preliminary approval to which section 242 applies

Deemed Approval

Section 331 of the Sustainable Planning Act 2009 (SPA) is not applicable to this decision.

2. PRELIMINARY APPROVAL AFFECTING THE PLANNING SCHEME

Not Applicable.

3. OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

Listed below are other development permits and/or compliance permits that are necessary to allow the development to be carried out: All Building Work All Plumbing and Drainage Work All Operational Work

4. CODES FOR SELF ASSESSABLE DEVELOPMENT

The following codes must be complied with for self-assessable development related to the development approved.

The relevant codes identified in the:

Planning Scheme for Bundaberg City and Associated Planning Scheme Policies 5. DETAILS OF ANY COMPLIANCE ASSESSMENT REQUIRED FOR DOCUMENTS

OR WORK IN RELATION TO THE DEVELOPMENT

Compliance assessment is required under chapter 6, part 10 of SPA for the following documents or works in relation to the development:

Documents or works requiring compliance assessment

Matters or things against which the document or work must be assessed

Compliance assessor

When the request for compliance assessment must be made

Plan of Subdivision

The matters or things listed in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009

Bundaberg Regional Council

In the time stated in Schedule 19, Table 1 of the Sustainable Planning Regulation 2009



6. SUBMISSIONS

There were two (2) submissions received for the application. The name and address of the principal submitter for each properly made submission are as follows:-

Name of principal submitter Address

1.Mark Wilson and Andrew Santalucia, Directors of Janam Pty Ltd

PO Box 5680, Bundaberg West 4670

2.Giovanni Santalucia Santalucia Corporation Pty Ltd, 301 Goodwood Road, Bundaberg 4670

7. CONFLICT WITH A RELEVANT INSTRUMENT AND REASONS FOR THE

DECISION DESPITE THE CONFLICT

The assessment manager does not consider that the assessment manager’s decision conflicts with a relevant instrument.

8. REFERRAL AGENCY

The referral agency for this application is:-

For an application involving Name of referral agency

Advice agency or concurrence agency

Address

State-controlled road

Schedule 7, Table 3, Item 1

Making a material change of use of premises if any part of the land: (a) Is within 25 m of a State-controlled

road; or (b) Is future State-controlled road; or

(c) Abuts a road that intersects with a State-controlled road within 100 m of the land.

Department of State Development, Infrastructure and Planning

Concurrence State Assessment and Referral Agency (SARA)

E: [email protected]

P: PO Box 979

Bundaberg 4670

State-controlled road

Schedule 7, Table 2, Item 2 Reconfiguring a lot if— (a) any part of the land— (i) is within 25 m of a State-controlled road; or (ii) is future State-controlled road; or (iii) abuts a road that intersects with a State-controlled road that is within 100m of the land; and (b) 1 or more of the following apply— (i) the total number of lots is increased; (ii) the total number of lots abutting the State-controlled road is increased; (iii) there is a new or changed access between the land and the State-controlled road



9. APPROVED PLANS

The approved plan/s and/or document/s for this development approval are listed in the following table:

Plan/Document number Plan/Document name Date

Sheet no DA17, revision P4 Site Plan- DA 26 August 2014

Sheet no DA03, revision P2 Elevations 31 July 2014

Sheet no DA04, revision P1 Elevations 31 July 2014

Sheet no DA05, revision P1 Sections & Signage 31 July 2014

Sheet no DA16, revision P1 Perspective View 31 July 2014

Plan reference no Z14-335A Plan of proposed easements V, Y & - Lot 2on SP134662 and Lots 5 & 6 on SP251485

September 2014

Drawing no SP141801-SKT01, issue B

Coles Bundaberg Landscape Intent Package

7 August 2014


Landscape Plan 7 August 2014


Landscape Sections 7 August 2014


Landscape Sections 7 August 2014


Planting Palette 7 August 2014

10. WHEN APPROVAL LAPSES IF DEVELOPMENT NOT STARTED

Pursuant to section 341 of the Sustainable Planning Act 2009, this approval will lapse four (4) years from the date that the approval takes effect unless the relevant period is extended pursuant to section 383.

11. REFUSAL DETAILS

Not Applicable

12. CONDITIONS ABOUT INFRASTRUCTURE

The following conditions about infrastructure have been imposed under Chapter 8 of the Sustainable Planning Act 2009:

Condition/s Provision under which the Condition was imposed

30, 31, 32 Section 665 – Non-trunk Infrastructure

Not applicable Section 646 – Identified Trunk Infrastructure

Not applicable Section 647 – Other Trunk Infrastructure



SCHEDULE 1 - CONDITIONS AND ADVICES IMPOSED BY THE ASSESSMENT MANAGER PART 1A - CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER – CONDITIONS COMMON TO RECONFIGURING A LOT, MATERIAL CHANGE OF USE AND OPERATIONAL WORKS

CONDITIONS

General

1. Meet the full cost of all works and any other requirements associated with this development, unless specified in a particular condition.

2. Where there is any conflict between Conditions of this Decision Notice and details shown on the Approved Plans, the Conditions prevail.

3. Comply with all of the conditions of this Development Permit prior to the commencement of the use, unless otherwise stated within this notice, and maintain compliance whilst the use continues.

PART 1B - CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER - RECONFIGURING A LOT

Easements

4. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.

5. Ensure that any easements and rights pertaining to the parcels of land associated with this approval are maintained unless otherwise stated on the Approved Plans. Proof of the registration or surrender of any easements are to be submitted to the Assessment Manager at the time of the submission of a Plan of Subdivision for compliance assessment and signing.

PART 1C - CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER - MATERIAL CHANGE OF USE

General

6. Obtain the following permits from the Department of Transport and Main Roads prior to commencement of the use:

a. Section 50 Road Corridor Permit (relating to the placement of parking spaces within the road reserve); and

b. Section 62 Access to State controlled roads (relating to the proposed new left-in from Takalvan Street);

The above approvals and completed works must be maintained for the life of the approved use, unless agreed otherwise in writing by the Assessment Manager.

Water

7. Provide a metered service and internal infrastructure as required to satisfy the fire fighting and water supply demands of the development.



Air Conditioners

8. All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages or adjoining properties.

9. Air conditioning units must be designed, installed, maintained and operated so that noise emissions are within the limits imposed by the Environmental Protection Act, Regulations and Policies.

Construction Management

10. Unless otherwise approved in writing by the Assessment Manager, do not undertake building work in a way that makes audible noise:

11. On a business day or Saturday, before 6.30am or after 6.30pm; or

12. On any other day, at any time.

13. Contain all litter, building waste and sediments on the building site by the use of a skip and any other reasonable means during construction to prevent release to neighbouring properties or roads.

14. Remove any spills of soil or other material from the road or gutter upon completion of each day’s work, during construction. These material spills and accumulated sediment deposits must be managed in a way that minimises environmental harm and/or damage to public and private property.

End of Trip Facilities – Cycle Parking

15. Install and maintain a minimum of Twelve (12) secure bicycle parking spaces for employees and Twelve (12) secure bicycle parking spaces for customers in accordance with the approved plans.

16. Provide one (1) locker for every two (2) staff cycle parking spaces.

17. Provide informational and directional signage where necessary to direct cyclists to bicycle parking spaces and advise the public of their presence.

Relocation of Fencing

18. The relocated fence at the western Faircloth Crescent frontage of Lot 2 must be constructed as a 2.1 metre high noise attenuating fence. This fence must be either a solid fence (ie brick or masonry) or a timber paling fence with a paling overlap of at least 35 mm.

The fence must be set back a minimum 1.5 metres from the site boundary and must be landscaped and maintained in accordance with an approved Landscaping Plan. This fence must be painted in a colour approved by the Assessment Manager and be visually compatible with the approved landscaping plan.

Landscaping

19. A landscape plan must be submitted to and approved by the Assessment Manager prior to the commencement of any landscaping works. The plan must be generally in accordance with the Approved Plans, have regard to the conditions of this approval and include, but not be limited to, the following features:

a. The area or areas set aside for landscaping;

b. Location and name of existing trees;



c. A plan and schedule of all proposed trees, shrubs and ground covers which identifies:

i. The location and sizes at planting and at maturity of all plants;

ii. The utilisation of native species which are tolerant of local environmental factors (the Plant Species List contained within Council’s Landscaping Planning Scheme Policy is a guide to species selection; the botanical and common names of plants must be provided.). No exotic plants, including Strelitzia juncea, Hymenocallis littoralis, Liriope ‘Evergreen Giant’, Ophiopogon ‘Stripey White’ and Trachelospermum jasminioides variegatum, are to be specified;

d. The location of all areas to be covered by turf or other surface material including pavement and surface treatment details;

e. Measures to ensure that the planted trees will be retained and managed to allow growth of the trees to mature size;

f. Details of cutting and filling and all retaining structures and fences and associated finishes;

g. Fence size and materials;

h. The relocation of the existing acoustic barrier along the Faircloth Crescent boundary of the subject site and the fence to the north-eastern property boundary (adjoining Lot 5 on SP251485);

i. A 1.8 metre high screen fence to the south-eastern (rear) boundary of Lot 2 on SP134462;

j. Inclusion of a controlled underground or drip irrigation system. Any such system is to be fitted with an approved backflow water prevention device;

k. Location of any drainage, sewerage and other underground services and any overhead power lines; and

l. One (1) tree for each six (6) car parking spaces, excluding car spaces under a shading device and those that abut a pedestrian pathway.

20. Complete landscaping shown on the endorsed plans prior to the commencement of the use and maintain all landscape works in accordance with the Approved Plan whilst the use continues.

Lighting

21. External lighting used to illuminate the premises must be designed and provided in accordance with Australian Standard AS 4282-1997: Control of the obtrusive effects of outdoor lighting so as not to cause nuisance to residents or obstruct or distract pedestrian or vehicular traffic.

22. Lighting must comply with the guidelines in ‘Lighting in the Vicinity of Airports- Advice to Designers (Civil and Aviation Safety Authority) and not exceed the maximum intensity of light sources shown on Map 4.2 of the Bundaberg Airport Code, being 150 cd and 450cd within parts of Lot 2 on SP134462.

23. All external lighting, other than security lighting, must be switched off for the evening within one hour after close of trade.



Loading/Unloading

24. Loading and unloading of all vehicles associated with the use must occur on the subject site.

Noise

25. Any noise produced by the use must not exceed the following noise levels, measured at any noise sensitive receptor:

26. Maintain the existing acoustic barrier along the Faircloth Crescent boundary of the subject site.

Waste Management

27. Provide a sufficient area for the storage of all waste bins. This area must be sealed, screen fenced and designed so as to prevent the release of contaminants to the environment.

28. Maintain and operate an adequate waste disposal service, including the maintenance of refuse bins and associated storage areas so as not to cause any nuisance, to the satisfaction of the Assessment Manager.

29. Ensure that any potential food / waste sources are covered and collected so that they are not accessible to wildlife.

Stormwater

30. Install a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include the works shown on the Approved Plans and the works described in the Site Based Stormwater Management and Civil Engineering Report by Bornhorst and Ward Pty Ltd.

Roadworks, Access and Car Parking

31. Provide off-street car parking and vehicle manoeuvring areas with a minimum of 443 parking spaces and one dedicated loading bay. Such car parking, access and manoeuvring areas must be generally in accordance with the Approved Plan (Thomson Adsett Site Plan DA No 11272.01 DA17 P4) and be:-

a. constructed and sealed with bitumen, asphalt, concrete or approved pavers;

b. line-marked into parking bays;

c. designed to include a manoeuvring areas to allow all vehicles to leave the site in a forward gear;

All Noise Sources

Daytime (7 am - 6pm) 50 dB(A) La90,T

Evening (6 pm - 10 pm) 51 dB(A) La90,T

Night-time (10 pm – 7 am) 43 dB(A) La90,T

For Varying or Impulsive Noise Sources

Daytime (7 am - 6 pm) 53 dB(A) La10, adj,T

Evening (6 pm – 10 pm) 52 dB(A) La10, adj,T

Night-time (10 pm - 7 am) 55 dB(A) Lmax, adj,T



d. designed to include the provision of fill and/or boundary retaining walls to allow for the containment and management of site stormwater drainage as required;

e. sign posted to indicate entry/exit points, in addition to line marking, to indicate the traffic flow through the site;

f. drained to the relevant site discharge point; and

g. designed in accordance with AS/NZS2890.1-2004: ‘Parking Facilities Part 1: Off-street Car Parking’.

h. available for use by staff and customers free of charge during the operating hours of the approved use;

i. Internal pedestrian crossings must be lit in accordance with AS 1158:2004;

j. Provided with informational and direction signage at the Street frontage to direct the public to parking spaces provided for the developments on the site;

k. Provided with Barriers between the relocated car parking spaces and the left-in turning lane in Takalvan Street within the road corridor permit area;

32. The electricity pole within the manoeuvring area of the road corridor permit area must be relocated clear of the vehicle parking and manoeuvring area to the satisfaction of the Assessment Manager.

PART 1D CONDITIONS IMPOSED BY THE ASSESSMENT MANAGER - OPERATIONAL WORKS

Signage

33. The signs must not exceed the dimensions and sign areas as shown on the Approved Plans and must be positioned wholly within the property boundaries of the subject site.

34. All construction and maintenance work for the signs must be carried out completely within the property boundaries.

35. The signs must be maintained to a standard satisfactory to the Assessment Manager. Any structural damage must be made safe and repaired as soon as practical.

36. Illumination resulting from direct, reflected or other incidental light emanating from the signs must not exceed one (1) lux when measured:

a. at a point 1.5 metres outside the boundaries of the subject boundary;

b. at any point within a residential dwelling.

37. The signs must not include any flashing or moving lights.

38. The signs must be static and contain no moving elements.

39. All conduits, wiring, switches or other electrical apparatus installed on an advertising device must be concealed from general view.

PART 1E – ADVICE NOTES

Infrastructure Charges Notice

A. Please find attached the Infrastructure Charges Notice (Ref No: 331.2014.686.1) applicable to the approved development.



B. The Credit for existing use was calculated using only the proposed GFA. Existing credits for vacant areas of the existing building can be applied when planning applications are submitted for these areas. In other words a credit for existing use is available for subsequent developments in the remaining vacant areas.

Food – Sale and Preparation

C. All operators of the approved use will be required to comply with the Food Act 2006 and Council’s minimum requirements for food premises. All necessary approvals should be obtained from the Environmental Health Services Section of Council prior to commencement of the approved use. For further information about these requirements please contact Council’s Environmental Health Services Section on 1300 883 699.

D. Should any of the replacement structures or equipment differ from the business’s original approved plans, Council’s Environmental Health Services Section must be notified to amend details concerning the license under the Food Act 2006. This will enable Council to maintain accurate records and ensure compliance. Copies of the original plans for the premises’ food preparation areas can be obtained from Council. Plans detailing any proposed modifications should be provided to Council prior to construction.

The operator is required to provide an expected completion date for any proposed work so that a pre-opening inspection can be arranged. For further information about these requirements please contact Council’s Environmental Health Services Section on 1300 883 699.

Environmental Harm

E. The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard persons and entities, involved in the civil, earthworks, construction and operational phases of this development, are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm. Environmental harm is defined by the Act as any adverse affect, or potential adverse affect whether temporary or permanent and of whatever magnitude, duration or frequency on an environmental value and includes environmental nuisance. Therefore, no person should cause any interference with the environment or amenity of the area by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, sediment, oil or otherwise, or cause hazards likely in the opinion of the administering authority to cause undue disturbance or annoyance to persons or affect property not connected with the use.

PART 2—CONCURRENCE AGENCY CONDITIONS The Department of State Development, Infrastructure and Planning, by letter dated 29 October 2014 (copy letter attached for information). Seconded by Cr AL Ricciardi. The Motion on being put - was carried unanimously.




Item Number:

L3

File Number:

322.2012.36882.1

Part:


Portfolio:


Subject:

1265 Elliott Heads Road and Barolin Homestead Road, Elliott Heads – Material Change of Use for Extractive Industry and General Industry – Decision on Called-in Application

Pursuant to Section 172 of the “Local Government Act 2009”, Cr WA Honor declared a perceived Material Personal Interest in relation to this item - as owner of a property with an approved Material Change of Use for Extractive Industry - and with the consent of the Chairman left the Council Chambers.

At the request of the Chairman, the Group Manager Planning addressed the meeting on the report; and the queries raised were answered.

Resolution Cr DE Rowleson moved:- That the report be received; and the conditions contained within the Minister for State Development, Infrastructure and Planning’s (Refusal) Decision Notice (as detailed on the 10 pages appended to this report) attaching to:-

Holcim (Australia) Pty Ltd’s Development Application for Material Change of Use for Extractive Industry and General Industry, at 1265 Elliott Heads Road and Barolin Homestead Road, Elliott Heads (called in by the Deputy Premier and Minister for State Development, Infrastructure and Planning under section 425 of the Sustainable Planning Act 2009 on 13 May, 2014)

- be noted. Seconded by Cr GR Barnes. The Motion on being put - was carried unanimously.




Item Number:

L4

File Number:

322.2006.50315.1

Part:


Portfolio:


Subject:

80 Coral Cove Drive, Innes Park – Material Change of Use for a Master Planned Residential Community (including low and medium density urban residential development, and community land uses), including a component overriding the Planning Scheme under Section 3.1.6 of the Integrated Planning Act 1997 – Decision on Called-in Application

Pursuant to Section 172 of the “Local Government Act 2009”, Cr WA Honor declared a perceived Material Personal Interest in relation to this item - as owner of a property with an approved Material Change of Use for Extractive Industry - and with the consent of the Chairman left the Council Chambers.

At the request of the Chairman, the Group Manager Planning addressed the meeting on the report.

Resolution Cr GR Barnes moved:- That the report be received; and the conditions contained within the Minister for State Development, Infrastructure and Planning’s (Approval) Decision Notice (as detailed on the 62 pages appended to this report) attaching to:-

Austcorp Project No 4 Pty Ltd’s Development Application 322.2006.50315.1 for a master planned community at 80 Coral Cove Drive, Innes Park (preliminarily approved by Council at its Meeting of 15 October 2013 / called in by the Deputy Premier and Minister for State Development, Infrastructure and Planning under section 425 of the Sustainable Planning Act 2009 on 27 March, 2014)

- be noted. Seconded by Cr AG Bush. The Motion on being put - was carried unanimously. Cr WA Honor then returned to the Council Chambers.




Item Number:

L5

File Number:

322.2013.39576.1

Part:


Portfolio:


Subject:

Woodgate Beach Tourist Park – 88 Esplanade, Woodgate – Request to be considered as eligible development for Bundaberg Open for Development Initiative

At the request of the Chairman, the Group Manager Planning addressed the meeting on the report.

Resolution Cr DE Rowleson moved:- That the request by Insite SJC to include the Development Application (322.2013.39576.1) Woodgate Beach Caravan Park Pty Ltd, at 88 Esplanade, Woodgate - for 2 additional Cabins and 16 additional Caravan Sites - as eligible development for the Bundaberg Open for Development infrastructure charge discount incentives - be refused. Seconded by Cr GR Barnes. Following discussion thereto during which:- Cr AL Ricciardi spoke against the Motion and foreshadowed his intention to move an

alternative Motion in the event this Motion is lost; Cr GR Barnes spoke for the Motion; Cr AG Bush spoke against the Motion; Cr DJ Batt spoke for the Motion; - the Motion was put – and carried by 7 Votes to 4 Votes.



For Against Cr DJ Batt Cr AG Bush Cr WA Honor Cr AL Ricciardi Cr GR Barnes Cr VJ Habermann Cr DE Rowleson Cr M Forman Cr CR Sommerfeld Cr JA Peters Cr LG Forgan




Item Number:

R1

File Number:

Part:

Meeting Close

Subject:

Meeting Close

There being no further business – the Chairman declared this Planning Committee Meeting closed at 2.22 pm.

Confirmed this Third day of February, 2015. CHAIRMAN.

Planning Committee Meeting Minutes - Bundaberg … MADE DATE 29 February 2012. Application changed...

Documents

Transcript of Planning Committee Meeting Minutes - Bundaberg … MADE DATE 29 February 2012. Application changed...